COMMON ASSEMBLY TERMS AND CONDITIONS

Conditions of Use

Welcome to the Common Assembly website. The site is provided as a service to our customers. Please review the following terms and conditions of use, including an Arbitration Agreement, and Arbitration Agreement, which govern your use of the site (the “Agreement”). Use of the Common Assembly LLC’s (“Common Assembly”) website constitutes agreement to our terms of use. We encourage you to review the following information carefully.

Trademarks

Common Assembly and other marks indicated on our site are trademarks owned exclusively by Common Assembly. The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product that is not Common Assembly’s, in any manner that seeks to disparage or discredit Common Assembly or in any manner that may cause confusion among our customers.

All content on this website is the exclusive property of Common Assembly. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.

Protecting Your Account

Some portions of this website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.

Personal Information Submitted Through the Website

Your submission of personal information through the Common Assembly website is governed by our privacy policy, which can be reached by clicking here (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

License & Site Access

Common Assembly grants you (the user) a limited license to access and make personal use of this website. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of Common Assembly. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of Common Assembly. You are prohibited from using meta tags or any other hidden text utilizing Common Assembly’s name or trademarks without the express written consent of Common Assembly. Any unauthorized use of this websites voids the limited license granted by Common Assembly.

Content Submitted by Site Users

If you post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant Common Assembly and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Common Assembly or its affiliates for all claims resulting from content you supply. Common Assembly reserves the right to remove any content at our sole discretion.

Product Information

The prices displayed on the website are quoted in U.S. Dollars. Certain products may have limited quantities and are subject to return or exchange only through the website according to the applicable return policy.

Pricing Policy

The strike through or listed price represents a price at which we previously offered the product, or a comparable product, recently or in a past season or year, or the value of a similar item in the market. It may not represent the price elsewhere in the market on any particular day.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our website that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).

Colors & Style

We have made every effort to display as accurately as possible the colors and styles of our products that appear on the website. We cannot guarantee that your computer monitor or mobile application’s display of any color or style will be accurate.

Links to Other Web Sites and Services

The website may contain links to other websites that are not under the control of Common Assembly, such as payment vendors. Common Assembly has no responsibility for the linked websites or services nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the website and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the website’s users.

Representations

Common Assembly takes pride in the selective nature of its vendors and suppliers. Common Assembly markets the products on its website as sustainably sourced, socially responsible or some other similar advertising. Common Assembly relies on the representations of its vendors and suppliers in making such representations and accepts no responsibility for the actual conditions and sources of its products. Common Assembly makes such representations to the best of its knowledge based on supplier contracts, research and ongoing data inquiries, but accepts no liability or responsibility for the accurateness or truthfulness of its vendors and suppliers’ representations regarding the source of its products.

Limitation of Liability

This site is provided by Common Assembly on an “as is” and “as available” basis. Common Assembly makes no warranties, either expressed or implied, as to the operation of the site or the content contained therein. You expressly agree that your use of this website is at your own risk. Common Assembly cannot warrant that this site, our servers, or email communications affiliated with the use of this website, are free from viruses. Common Assembly will not be responsible for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

Indemnification

You agree to defend, indemnify and hold Common Assembly harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the website and/or your breach of any representation, warranty, or other provision of the Agreement.

Redemption of Free Product & Coupon Offers

From time to time, Common Assembly may provide its clients special offers and discount codes to be used in conjunction with this website. These offers are frequently disseminated via this website and through email to those who have registered for our email database. They are sometimes posted on our home page or announced via other means of communication in conjunction with the promotion of the Common Assembly product collection, including radio and TV broadcasts, internet forums and various online websites. We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. Common Assembly, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of this website in order to receive discounts or free products with your order, then we will (at our sole discretion) remove any extraneous free or discounted products from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order.

Informal Dispute Resolution

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Common Assembly agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the website, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

(1) to Common Assembly at: Common Assembly Legal Department, 3844 Greenbriar Dr., Stafford, Texas 77477, or,

(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and Common Assembly agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration Agreement

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Common Assembly expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

You may begin an arbitration proceeding by sending a letter requesting arbitration to:

Common Assembly
3844 Greenbriar Dr.
Stafford, Texas 77477
You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Harris County, Texas, or at another mutually agreed location.

In lieu of arbitration, either you or Common Assembly may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Common Assembly agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Common Assembly hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

Termination

With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or Common Assembly. You may terminate this Agreement at any time. Common Assembly also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

Changes in Policy

Common Assembly reserves the right to modify, alter, delete and update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions.

Applicable Law

By visiting our website, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Common Assembly. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Common Assembly’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the website.