Terms of Use Agreement

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By using southstreetonmain.com, and its related domains, including but not limited to social media channels, mobile application, services, information, web postings, products and tools (collectively, “Website”) you, the User, are agreeing to the following terms and principles. This terms of use agreement (“Agreement”) is effective immediately for all Users of the Website and is by and between you, the User and South Street Skateshop Inc. (“South Street” or “we” or “us”). Please read the Terms of Use carefully before you start to use the Website.

These Terms of Use incorporate the following policies and terms as if incorporated fully herein: South Street's Website Privacy Policy, Refund Policy, Shipping Policy, Wix's Privacy Policy, and Wix's Cookie Policy related to Merchant storefronts.

1. Mission

South Street is a retail store in Rochester, MI founded in 2005 that focuses on skateboarding, footwear, apparel and accessories.  Our goal has always been to bring new upcoming products and brands to our community and provide a unique shopping experience.

2. User Eligibility

Use of the Website is void where prohibited. Your use of the Website constitutes your representation that (1) all information you submitted in your registration is truthful and accurate: (2) that you will update your registration information when changes occur; (3) that you are at least 13 years of age; (4) that, if you are under the age of 18, you have the authorization of your legal guardian, and (5) that your use of the Website does not violate any state, federal, or other law which applies in your jurisdiction.

3. Accessing the Website and User Consent

To access the Website or some of the resources it offers you will be asked to provide certain registration details, personal information and payment card information. You agree that all information you provide to register with this Website, South Street, its service providers, partners, or affiliates, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy (“Consent”).

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

4. User Consent to Share User’s Information with Service Providers

South Street uses third parties to assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep your information confidential. 

Those trusted third-party partners may:

• Provide you and our company, and its affiliated companies with various services

• Provide database maintenance and security

• Help us manage transactions

• Help us process and fulfill orders or requests

• Create an account on such third-party site to provide various services to you

By using this Website, the User consents to South Street sharing the User’s information with its service providers and their service providers. 

5. User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content, product reviews, or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers. 

All of your User Contributions do and will comply with these Terms of Use.

6. Content Standards

The following Content Standards apply to any and all User Contributions and use of Interactive Services.  You are responsible for any and all User Contributions, including without limitation data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links which you post to the Website. Please use common sense when posting Content to the Website. Postings which may violate any state, federal, or other law which applies in your jurisdiction, whether civil or criminal, are strictly prohibited. Refrain from posting any Content which contains profanity or nudity. South Street reserves the right to reject, refuse to post, or delete any Content for any reason, including, but not limited to, Content which, in the sole judgment of South Street, violates this Agreement or which otherwise may be deemed offensive or rude. South Street does not assume responsibility for monitoring user posted Content. However, if you believe you have identified a violation of this Agreement, please report the abuse to the Privacy Officer whose contact information is listed below.

7. South Street’s Intellectual Property and Trademark Rights

The Website, its features, and functionality including but not limited to the software, displays of information (including text, audio, video, images) and the design, selection, and arrangement thereof are owned by South Street and are protected by copyright, trademark, and other intellectual property or proprietary rights laws.  All content posted by South Street is protected by copyright laws and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any commercial or for profit manner without the prior written consent of South Street.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

South Street’s logos are subject to copyright and trademark protections. You must not use such marks without the prior written permission of South Street. All brand names and logos are the property of their respective owners, are used for identification purposes only, and do not imply product endorsement or affiliation with South Street.

8. Authors and Bloggers

As stated below, South Street does not warrant any of the information provided on the Website. Please use common sense when reviewing articles and blogs posted by our staff or community members. You should not rely in any way on any information posted on the Website.

9. Online Purchases

All purchases through our partners or other transactions formed through the Website or resulting from visits made by you are governed by our Standard Terms and Conditions of Sale, Shipping Policy, and Refund Policy, where applicable, which are hereby incorporated into these Terms of Use.

South Street USES A THIRD-PARTY SERVICE PROVIDER TO COLLECT AND PROCESS PAYMENT CARD INFORMATION, FOR EXAMPLE DEBIT OR CREDIT CARD INFORMATION, (“PCI”) FROM USERS.  THE USER AND SOUTH STREET’S SERVICE PROVIDERS ARE SOLELY RESPONSIBLE FOR THE SECURITY OF SUCH PCI DATA AND ANY CLAIMS ARISING FROM THE UNAUTHORIZED ACCESS TO SUCH PCI DATA.

10. Products or Services (Where Applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

11. Promotional Codes & Loyalty Rewards Program

South Street may offer certain programs to reward our valued customers, including offering promotional codes and a loyalty membership program. South Street may provide these programs as a benefit to customers and such programs may be modified or terminated, in South Street’s sole discretion, at any time. We are happy to answer any questions you may have about these programs, please feel free to contact us.

Promotional Codes

We may offer promotional discount codes that can be redeemed at checkout for a discount on your order. These codes cannot be combined and have no cash value. We are not responsible for lost codes or unauthorized use of a code. We reserve the right to deny the use of a code or cancel any promotional code at any time for any reason without notification.

12. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

13. Liability Limitation

The liability, if any, of South Street and its agents, servants, representatives, members, officers, and employees with regard to your use of the Website for any claims, costs, damages, losses, and expenses for which they are or may be legally liable, shall not exceed $25.00. In no event shall South Street and its agents, servants, representatives, members, officers, and employees be liable for indirect, special, or consequential damages.

14. Indemnification

You agree to indemnify, defend and hold South Street and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates, harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Website.

15. No Waiver

South Street’s failure to enforce any provision of this Agreement does not waive future enforcement.

16. Disclaimer of Warranty

DISCLAIMER OF WARRANTY

You expressly agree that use of this Website is at your sole risk. Neither South Street, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, service providers, or licensors (collectively, “Providers”), or the like, warrant that this Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, completeness, reliability, security, or currency of the Content.  The Content may contain errors, omissions, inaccuracies, or outdated information. Further, South Street does not warrant reliability of any content displayed or distributed through the Website.

THIS WEBSITE AND THE CONTENT ON THIS WEBSITE, PROMOTIONAL CODES AND REWARDS PROGRAM ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. SOUTH STREET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SOUTH STREET EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE CONTENT ON THIS WEBSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

17. Governing Law

The Agreement shall be governed and controlled by the laws of the State of Michigan as to interpretation, enforcement, validity, construction, and effect and in all other respects.

18. Forum Selection

Any dispute arising under or in connection with the Agreement or related to any matter which is the subject of the Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts located in Oakland County Michigan.

19. Notice to South Street

All notices to South Street under this Agreement may be sent using the following information.

Email address: Linda@southstreetonmain.com

Attention:  Privacy Officer

Postal address: 410 South Main St., Rochester, MI 48307