TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY UNCONDITIONALLY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
​
ACCEPTANCE OF TERMS
The following Terms and Conditions Agreement (the "T&C") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Disbanded Designs, located at 226 west 14th. Avenue, Oshkosh, Wisconsin 54902, and our subsidiaries and affiliates, in association with the use of the Disbanded Designs website (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
This Site is an e-commerce website for the purchase of wooden gifts. By visiting our site and/or purchasing something from Disbanded Designs, you engage in our services and agree to be bound by the T&C.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this T&C. Once the individual registers for our services, through the process of creating an account, the user shall then be considered a "member."
​
The user and/or member acknowledges and agrees that the services provided and made available through our website, which may include various social media networking sites and numerous other platforms, are the sole property of Disbanded Designs. At its discretion, Disbanded Designs may offer additional website services and/or products, or update, modify or revise any current content and services, and this agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Disbanded Designs does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end-user and/or member, acknowledge, accept and agree that Disbanded Designs shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our services and/or products. Your continued use of the services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided services immediately.
​
Furthermore, the user and/or member understands, acknowledges and agrees that the services offered shall be provided "AS IS" and as such Disbanded Designs shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
REGISTRATION
To register and become a "member" of the site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Disbanded Design's services under the laws and statutes of the United States or other applicable jurisdiction.
​
When you register, Disbanded Designs may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry, and personal interests. You can edit your account information at any time. Once you register with Disbanded Designs and sign in to our services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
​
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Disbanded Designs will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the agreement, and as such refuse any and all current or future use of Disbanded Design's services, or any portion thereof.
​
It is Disbanded Design's priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. If you are under the age of 13, you are not permitted to use the site. If you are at least 13 years of age, you must be using the site under the supervision of a parent or a legal guardian who has agreed to be bound by the T&C on your behalf. If you are a parent or legal guardian who has agreed to be bound by the T&C on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the site, including all financial charges and legal liability that such child may incur.
​
PRODUCT ORDERS
​
While Disbanded Designs will use its best efforts to fulfill all orders, Disbanded Designs cannot guarantee the availability of any particular product displayed on the site. Disbanded Designs reserves the right to discontinue the sale of any product listed on this site at any time without notice.
​
Disbanded Designs will track all of the purchases that you make online while logged into your account. You acknowledge and agree that Disbanded Designs owns all the data and information concerning your tracked purchases and will continue to own this data and information even if your account is deactivated for any reason.
​
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Disbanded Designs.
​
Disbanded Designs reserves the right to limit the number of items purchased per person, per account, per household, and per order as determined in its sole discretion. These restrictions may be applied to the same account, same payment type, and/or the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
​
All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the T&C. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and/or services that you have requested.
​
All items and products purchased through the site are made pursuant to a shipment contract. The risk of loss and title for such purchases passes to you upon Disbanded Design's delivery of the items or products to the carrier.
​
CUSTOM ORDERS
​
Custom construction and sizes are available by request but are subject to acceptance by Disbanded Designs. As most of our pieces are customizable, these requests will be reviewed on an individual basis. Quoted prices are valid for 30 days unless otherwise negotiated when the pricing is given. No cancellations are allowed on custom orders.
​
A minimum deposit of fifty percent (50%) of the purchase price is required to initiate order fulfillment. Production and lead time will begin upon receipt of the purchase order, but not without the accompanying deposit, size, and finish specifications. Additional delays due to revisions, drawing approvals, or other necessary information can also occur when ordering custom products, so please submit a completed purchase order with as much confirmed information as possible.
​
Payment of the full quoted price of the piece, minus any deposits or additional installment payments made previously, must be paid within thirty (30) days of invoice receipt. If full payment is not made within forty-five (45) days of the invoice receipt, the deposit cost and any rights to the piece will be forfeited. The piece will then be repurposed at the seller's full discretion.
LATE FEES
​
Any invoice from Disbanded Designs not paid within thirty- (30) days of such billing is subject to a 1.5% monthly interest charge. Disbanded Designs reserves the right to use any and all means of collection available under applicable law to collect any amount past due.
CONDUCT
As a user or member of the site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of Disbanded Design's services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Disbanded Designs.
​
Furthermore, you herein agree not to make use of Disbanded Design's services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or invasive of an other's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
​
b) causing harm to minors in any manner whatsoever;
​
c) impersonating any individual or entity, including, but not limited to, any Disbanded Designs officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
​
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
​
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
​
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
​
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
​
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
​
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real-time interactions;
​
j) interfering with or disrupting any Disbanded Design's services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
​
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
​
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
​
m) "stalking" or with the intent to otherwise harass another individual; and/or
​
n) collecting or storing any personal data relating to any other member or user in connection with the prohibited conduct and/or activities that have been set forth in the aforementioned paragraphs.
​
Disbanded Designs herein reserves the right to pre-screen, refuse and/or delete any content currently available through our services. In addition, we reserve the right to remove and/or delete any such content that would violate the T&C or which would otherwise be considered offensive to other visitors, users and/or members.
​
Disbanded Designs herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
​
b) enforcement of the T&C;
​
c) responding to any claim that therein contained content is in violation of the rights of any third party;
​
d) responding to requests for customer service; or
​
e) protecting the rights, property or the personal safety of Disbanded Designs, its users and members, including the general public.
​
Disbanded Designs herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Disbanded Designs or any other content providers supplying content services to Disbanded Designs. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our services, despite whether done so in whole or in part, is expressly prohibited.
​
CONTRIBUTIONS TO COMPANY WEBSITE
Disbanded Designs provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
​
b) Disbanded Designs shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
​
c) Disbanded Designs shall be entitled to make use of and/or disclose any such contributions in any such manner as they may see fit;
​
d) the contributor's Contributions shall automatically become the sole property of Disbanded Designs; and
​
e) Disbanded Designs is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Disbanded Designs, our subsidiaries, affiliates, agents, employees, members, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our services, the use of Disbanded Design's services or your connection with these services, your violations of the T&C and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Disbanded Design's site.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Disbanded Designs may set up any such practices and/or limits regarding the use of our services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Disbanded Designs, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our service, the maximum disk space allowable that shall be allocated on Disbanded Design's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our services in a given period of time. In addition, you also agree that Disbanded Designs has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Disbanded Designs shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
MODIFICATIONS
Disbanded Designs shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our services, or any part thereof.
TERMINATION
As a member of Disbanded Designs, you may cancel or terminate your account, associated email address and/or access to our services by submitting a cancellation or termination request to mike.schueler@disbandeddesigns.com.
As a member, you agree that Disbanded Designs may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our T&C or any other incorporated agreement, regulation and/or guideline;
​
b) by way of requests from law enforcement or any other governmental agencies;
​
c) the discontinuance, alteration and/or material modification to our services, or any part thereof;
​
d) unexpected technical or security issues and/or problems;
​
e) any extended periods of inactivity;
​
f) any engagement by you in any fraudulent or illegal activities; and/or
​
g) the nonpayment of any associated fees that may be owed by you in connection with your Disbanded Designs account services.
​
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our services. The termination of your account with Disbanded Designs shall include any and/or all of the following:
a) the removal of any access to all or part of the services offered within Disbanded Designs;
​
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
​
c) the barring of any further use of all or part of our services.
​
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DISBANDED DESIGNS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
​
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
​
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
​
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
​
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Disbanded Designs (and its officers, directors, employees, members, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
​
THIRD-PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this T&C, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Disbanded Designs may furnish you with notices, including those with regard to any changes to the T&C, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website services, or other reasonable means knew or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the T&C by accessing our services in an unauthorized manner. Your acceptance of this T&C constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Disbanded Designs trademark, copyright, trade name, service marks, and other Disbanded Designs logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Disbanded Designs. You herein agree not to display and/or use in any manner the Disbanded Designs logo or marks without obtaining Disbanded Design's prior written consent.
ENTIRE AGREEMENT
This T&C constitutes the entire agreement between you and Disbanded Designs and shall govern the use of our services, superseding any prior version of this T&C between you and us with respect to Disbanded Designs services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Disbanded Designs services, affiliate services, third-party content or third-party software.
DISPUTE RESOLUTION
It is at the mutual agreement of both you and Disbanded Designs with regard to the T&C that the relationship between the parties shall be governed by the laws of the state of Wisconsin. By using this site, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Oshkosh, Wisconsin in all disputes (i) arising out of, relating to, or concerning the T&C, the site and your use thereof; (ii) in which the site and/or the T&C is an issue or a material fact; or (iii) in which the site or the T&C is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this site is unauthorized in any jurisdiction that does not give full effect to all provisions of the T&C, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Disbanded Designs has endeavored to comply with all legal requirements known to it in creating and maintaining this site, but makes no representation that materials on this site are appropriate or available for use in any particular jurisdiction. Use of this site is unauthorized in any jurisdiction where all or any portion of this site may violate any legal requirements and you agree not to access this site in any such jurisdiction. You are responsible for compliance with applicable laws.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Disbanded Designs fail to exercise or enforce any right or provision of the T&C, such failure shall not constitute a waiver of such right or provision. If any provision of this T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
EFFECTIVE DATE AND UPDATES
The effective date of these T&C is January 1, 2020. You agree that Disbanded Designs may update the T&C at any time in its sole discretion and without notice to you. When it is updated, the updated T&C will be made available on the site for your convenience.