Terms of Service

Updated January 1, 2018


Union & Fifth Terms and Conditions


These terms and conditions set forth herein (the "terms of use") shall govern your visit to and use of the web site provided by union & fifth ("union & fifth," "us," "our," or "we") at www.unionandfifth.com (the "site"), as well as any and all services related to the site, including those further defined below (the “services”). By using the site and/or services, you explicitly agree to comply with and be bound by these terms of use and any and all terms, policies, guidelines, laws, and regulations incorporated by reference herein. If you do not agree to these terms of use, please do not use this site or our services.


General


We reserve the right to change the terms and conditions of these Terms of Use in our sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting to the Site, and your continued use of the Site and Services will constitute your acceptance of such changes or modifications. You should review these Terms of Use from time to time to be aware of the terms and conditions that apply to your use of the Site and Services.

We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any Services without notice; charge fees in connection with the use of the Site and Services; modify and/or waive any fees charged in connection with the Site and Services; and/or offer opportunities to some or all users of the Site and Services. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any Service, content, feature or product offered through the Site. Your continued use of the Site or Services after such changes will indicate your acceptance of such changes.


Description of Services


On its Site, Union & Fifth provides users with access to sales of new or gently used designer and luxury items, as well as the ability to donate such items. The profits from the sales are donated to public charities. You may view our Donor Policy with more information about donations at https://www.unionandfifth.com/donations and you may view the various public charities at https://www.unionandfifth.com/organizations. You are responsible for the equipment and services necessary to access the Site.


Limited License


Union & Fifth grants you a limited, revocable, nonsublicenseable license to access and use the Site and the Services and to view, copy, and print portions of the Site Content (defined below). Such license is subject to the Terms of Use, and specifically conditioned on the following: (i) you may only view, copy, and print portions of the Site Content for your own informational, personal, and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) you may not change or delete any author attribution, trademark, legend, copyright notice, or other proprietary notices; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Site, the Services or the Site Content other than for their intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content, except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of Union & Fifth is strictly prohibited and will terminate the license granted herein. You acknowledge and agree that you do not acquire any ownership rights by downloading or printing copyrighted material, and that other than as expressly stated herein, nothing in these Terms of Use may be construed as conferring any license to intellectual property rights to you or to any other party.

You represent and warrant that your use of the Site, the Services, and the Site Content will be consistent with this limited license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Union & Fifth and its officers, directors, employees, owners, licensors, and agents against any liability to any third party arising out of your use of the Site, Services, or Site Content not in accordance with these Terms of Use.


Submissions


Please note that we do not accept unsolicited materials or ideas for use on our Site, other media or businesses. We are not responsible for the similarity of any of our content to any media or materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against Union & Fifth, our directors, officers, employees, owners, licensors, and agents regarding the use of such materials and ideas, even if a material or an idea is substantially similar to the idea you submitted.


User Accounts


In order to make purchases, make donations, and/or to post any content or comments, you must set up a user account. You agree to provide true, accurate, and up to date information when creating an account and/or on any Site registration form, and you represent and warrant that you (i) are of legal age to form a binding contract, and (ii) are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. If any of the information you provide about yourself is inaccurate, untrue, incomplete or not current (or becomes inaccurate, untrue, incomplete or not current), or if we have reasonable grounds to believe that such information is inaccurate, untrue, incomplete or not current, we have the right to suspend or terminate your account, as well as to refuse any current or future use of the Site or Services (or any portion thereof).

You are fully responsible for maintaining the security and confidentiality of your account username and password, and for restricting access to your computer or other device used for accessing the Site and Services. You are responsible for all activities that occur using your account and password. Therefore, we strongly recommend that you logout of your account at the end of each session and close your internet browser. If you become aware or suspect any unauthorized use of your account, or any other breach of security, please notify Union & Fifth immediately.


Site Conducts


The Site is intended to be used for lawful purposes only. When using the Site, you may not engage in any of the following activities on the Site:

  • restrict or inhibit any other user from using or enjoying the Site by any means, including "hacking," "cracking," "spoofing," or defacing any portion of the Site;
  • harvest or collect information about Site visitors without their express consent;
  • reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
  • create a database by systematically downloading and storing Site content;
  • frame or mirror any part of the Site without our prior written consent;
  • interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

In addition, the Site or Services may provide you and other users with the ability to share pages or content from the Site via third-party social media sites or links (such as Pinterest, Twitter, and Facebook, for example), post content and/or send messages to or for other users or visitors to the Site. Union & Fifth is under no obligation to review any such links, postings or messages, and assumes no responsibility or liability relating to such links, postings or messages. However, from time to time, Union & Fifth may monitor or review any links, postings or messages on the Site, and may decide to reject or remove such links, postings or messages. You agree that you are responsible for any links, postings or messages you may submit through the Site and Services, including the legality, reliability, appropriateness and copyright of any such links, postings or messages. You also agree that you will not upload or disseminate through the Site or Services any links, postings or messages that:

  • infringe any right of any third party, including without limitation patents, trademarks, copyright, trade secrets, rights of privacy and publicity;
  • impersonate or harass any other person or entity;
  • contains advertisements or solicitations of any kind, or other political or commercial content;
  • contains personal information (such as, but not limited to, phone numbers, credit card numbers, account numbers, personal identification numbers), except where we expressly ask you to confidentially provide such information;
  • include material that is libelous, defamatory, abusive, threatening, harmful, hateful, fraudulent, misleading, vulgar, profane, or obscene;
  • violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, antidiscrimination or false advertising laws), or otherwise does not comply with all applicable laws and regulations; and
  • contain any viruses, malware or other harmful computer code.

If you do provide any content through links, postings or messages via the Site or Services, you grant Union & Fifth a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable license, with the right of sublicense, to use, copy, edit, modify, distribute, publicly display, publish, to sublicense and to create derivative works of such links, postings or messages or any part thereof, in any format or medium now known or hereafter developed. You hereby represent and warrant that any link, posting or message you provide (i) does not include anything to which you do not have the full right to grant such license to Union & Fifth, and (ii) Union & Fifth’s use of such link, posting or message does not infringe the rights of any third party.


Ownership/Copyright/Trademarks

© 2014 Union & Fifth, Inc. All rights reserved.

This Site and the contents of the Site are intended for your personal use. The Site contains copyrighted material, including, without limitation, one or more of the following: text, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the "Site Content"). This Site also is protected as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws. Union & Fifth and third party content providers also own copyrights in the original content on the Site.

UNION & FIFTH™ and the Union & Fifth logo, are trademarks and/or service marks of Union & Fifth. Other marks, graphics, typefaces, trade names, and logos appearing on the Site, as well as the look and feel of the site, are trademarks, service marks or trade dress of Union & Fifth. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of Union & Fifth’s trademarks, service marks or trade dress, and our trademarks, service marks and trade dress may not be used in any manner for any purpose without our express written consent in each instance. You may not use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.

All other trademarks appearing on the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Union & Fifth.


Intellectual Property Infringement Claims


If you believe in good faith that any material or content posted on the Site constitutes an infringement of your copyright or other intellectual property, please provide our copyright agent named below with the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512, including the following (a "Notice"):

  • 2221 Commerce Avenue, Suite A1, Concord, CA 94520;
    hello@unionandfifth.com;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of the alleged infringing material and of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the intellectual property owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the owner's behalf.

  • Our agent for notice of claims of copyright and other intellectual property infringement can be reached as follows:
  • Address: 2221 Commerce Avenue, Suite A1, Concord, CA 94520

    E-mail: hello@unionandfifth.com

Third-Party Content


The Site may contain content supplied by parties other than us. Any opinions, advice, judgments, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers, are those of the respective author(s) or distributor(s) and not of Union & Fifth. Neither Union & Fifth nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.


Third Party Sites


We may, for your convenience, provide you with links to other Web sites from the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by the Linked Sites. Links to Linked Sites do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on the Linked Sites. You acknowledge and agree that we do not control and are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on the Linked Sites.

Other web sites may provide links to the Site with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on such other sites, or any loss or damages incurred in connection with such other sites.

You agree that your use of the linked sites, including without limitation your use of any content, products, advertising or other materials available through such linked sites, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.

Union & Fifth shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.


Disclaimer of Warranty; Limitation of Liability


You understand and agree that your use of the site and services is at your sole risk. The site, the services, products, and site content are provided on an "as is", "as available" basis without warranties or representations of any kind, either express, implied or statutory, including but not limited to warranties of title, non-infringement, security, accuracy, or implied warranties of merchantability or fitness for a particular purpose.

You specifically acknowledge that union & fifth and its employees, officers, directors, owners, licensors, and agents, shall not be responsible or liable to you or any third party for any direct, indirect, incidental, special, punitive, consequential or exemplary damages or injury arising out of the use of or inability to use the site or out of the breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the site, whether for breach of contract, tortious behavior, negligence, or under any other cause of action even if union & fifth or such party has been advised of the possibility of such damages.

Union & Fifth neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the site, nor for any offensive, defamatory, or obscene posting made on the site by anyone. Other than as required under applicable consumer protection law, under no circumstance will union & fifth be liable for any loss or damage caused by a user's reliance on information obtained through the site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations in this section may not apply to you.

While we try to maintain the integrity and security of the Site and Services and the servers from which the Site is operated, we cannot guarantee its absolute security, completeness or correctness, or that access to the Site and Services will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms of Use. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, please contact us at hello@unionandfifth.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.


Indemnification


You agree to defend, indemnify, and hold harmless Union & Fifth and its directors, officers, employees, owners, licensors and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of (a) your breach of these Terms of Use; (b) fraud you commit; (c) your activities in connection with the Site and Services; and (d) your violation of any applicable U.S. or foreign law or the rights of a third party. We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.


Termination


Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Site, or (3) any content available through the Site or any change therein, is to stop visiting and using the Site and Services. We may terminate your use of the Site and Services in our sole discretion. Upon any such termination, your right to use the Site and Services will immediately cease. You agree that any termination of your access to or use of the Site and Services may be effected without prior notice. You agree that we shall not be liable to you or any third party for any termination of your access to the Site and Services.


Electronic Communications


You consent to receive communications electronically from Union & Fifth, and Union & Fifth will communicate with you by email or by posting information, agreements, or notices on the Site. You agree that all such electronic agreements, notices, disclosures or other communications satisfy any legal requirement that such communications be in writing.


Proceeds of Each Item Sold


50% of the sale price (after taking out a processing fee of $18, sales tax and any direct costs associated with selling the item including but not limited to marketing costs) will go to your selected non-profit. The remaining will be retained by Union & Fifth to continue to support our mission. Union & Fifth is a registered non-profit organization which means 100% of your donation is going to a non-profit and your full item is eligible for a tax deduction. Each organization on our site including Union & Fifth is a public charity with an EIN number.


Ownership of Items Donated


Union & Fifth takes ownership of items once they reach the Union & Fifth warehouse. Union & Fifth is not responsible for items as they are in transit. Once an item is owned by Union & Fifth it cannot be returned to the original owner. If an item does not sell either on the website or through a third party seller Union & Fifth will either donate the item to a verified 501(c)(3) or recycle the materials for further use.


Disclaimer Regarding Tax Exemptions and Deductions


We do not provide any tax advice, and we recommend that you consult with a qualified tax professional if you have any questions regarding the tax treatment of any transactions on our Website.


Miscellaneous


These Terms of Use, our Privacy Policy, and any other policies or rules for the Site or Services established by us constitute the entire understanding between you and us with respect to the use of the Site and Services.

We control and operate this Site and Services from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Persons who choose to access and use this Site and Services are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Site and Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules. You agree to exclusive jurisdiction by the federal and state courts located in the Commonwealth of Massachusetts, and waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

If any provision of these Terms of Use is found to be unenforceable for any reason, than that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.


Permissions


If you are interested in reproducing any Site Content, you will need our permission, which we may approve or deny in our sole discretion. If you are interested in linking to our Site from your site, please send us a request, which we may approve or deny in our sole discretion. Please send any requests for permission to:

Address: 2221 Commerce Avenue, Suite A1, Concord, CA 94520

E-mail: hello@unionandfifth.com


Information or Complaints


Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to hello@unionandfifth.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.


Questions


If you have any questions regarding these Terms of Use or your use of the Site, please submit them to us at:

Address: 2221 Commerce Avenue, Suite A1, Concord, CA 94520

E-mail: hello@unionandfifth.com

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