WELCOME TO WWW.ACTIVYST.COM!  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  YOUR USE OF THE WEBSITE MEANS YOU AGREE TO THESE TERMS.   IF YOU ARE UNDER 18 YEARS OLD, PLEASE READ THESE TERMS WITH YOUR PARENT(S) OR GUARDIAN.

Activyst LLC (“Activyst” or “we” or “us”) grants you access to its website, accessible via www.activyst.com (the “Site”) conditioned on your acceptance of the terms, conditions and notices contained in these Terms of Use (the “Terms”).  

If any provision, or part of a provision, of these Terms is held to be invalid, illegal or unenforceable under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms will be reformed, construed and enforced in such jurisdiction as if the effected provision, or part of a provision, had never been contained in these Terms.  Any headings or titles used in these Terms is for convenience only. 

CONSENT TO TERMS.  If you do not agree to these Terms, you must exit the Site immediately and discontinue any use of the Site.  Activyst reserves the right to amend these Terms at any time and such changes will be posted on the Site.  You agree to check these Terms periodically to be aware of any changes and the continued use of the Site constitutes your agreement to the Terms in effect at the time of each such use.  If any change to the Terms is not acceptable to you, you should exit the Site immediately.  These Terms do not alter or supersede the terms and conditions of any other agreement you may enter into with Activyst.  These Terms do not create a joint venture, partnership, employment, or agency relationship between you and Activyst.  You understand and agree that Activyst’s performance of these Terms is subject to existing laws and Activyst may comply with legal requests regarding your use of the Site or information which you provide to Activyst.  

RESTRICTIONS OF USE. You may use the Site only as permitted by applicable laws and regulations and by these Terms.  Purchases on this Site may only be made by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using this Site under applicable laws.  You acknowledge and agree that Activyst, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of this Site.  

You agree that you will not, without the express written consent of Activyst: (a) resell items purchased through this Site for commercial purposes; (b) make commercial use of, sell, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, or transfer the Site or its contents; (c) modify or alter, or attempt to modify or alter, the Site; (d) use meta tags or any other hidden text which uses the Activyst name, trademark, product identifies or other content from this Site; (e) use any data mining, robots, or similar data gathering/extraction tools from this Site; (f) access or attempt to access any systems or servers on which the Site is hosted; (g) deceive others regarding the origin of any content transmitted to or via the Site, including, but not limited to, by using false identifiers.  

Any violation as outlined above in (a) through (g) will result in the immediate termination of the permission granted by these Terms, will result in your exclusion from this Site, and may be a violation of law.  If Activyst is forced to take legal action against you as a result of your violation of these Terms, you agree to pay all reasonable attorneys’ fees and costs incurred by Activyst in such action, in addition to any other relief granted to Activyst.    

COPYRIGHT AND TRADEMARK.  Unless otherwise indicated, all materials, including, but not limited to, images, illustrations, photographs, videos, designs, icons, written words, and computer code that appear on the Site, including the arrangement of such materials (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Activyst and/or its affiliates.  Activyst grants no privileges or rights in the Content to you.  You may download or copy the Contents for your personal, non-commercial use.  You are welcome to share Activyst’s website with your friends, family, and social networks. However, except as expressly permitted by these Terms, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web Site or other medium for publication or distribution or for any commercial enterprise, without Activyst’s express prior written consent.  Email us at hi@activyst.com if you would like to discuss an affiliation with Activyst or any other desired future use of the Contents that you think might be a violation of these Terms.  

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.  The Activyst marks are registered at the United States Patent and Trademark Office.  If you believe in good faith that materials hosted on this Site infringe your lawful copyright, please submit the following in an email to hi@activyst.com: (1) evidence of your copyrighted work you allege was infringed, (2) the Activyst product you allege infringed your copyrighted work, (3) your full contact information (full name, address, and telephone number), and (4) a statement that, under the penalty of perjury, the information in the email is accurate.  Please note that if you file a false claim of copyright infringement you may be liable for damages (including, but not limited to, attorneys fees).  

Pursuant to the Digital Millennium Copyright Act and other applicable law, Activyst reserves the right to terminate access to the Site for users who infringe the intellectual property rights of others.  

YOUR ACCOUNT.  In order to purchase Activyst products on this Site, you must establish an account with Activyst. You are solely responsible for maintaining the security and confidentiality of your account and your account password, restricting access to your computer and your account; and maintaining a current email address in your account profile.  You are solely responsible and liable for all activities, including, without limitation, all purchases made through the Site that occur under your account.  

We will not share your account information with any other business for commercial purposes.  Activyst may access, preserve, and disclose your account information and all  information relating to your use of the Site if Activyst is required to do so by law or if Activyst determines, at its discretion, that it is necessary to protect the rights of Activyst, third parties, and other Site users.  Activyst’s right to disclose such information supersede the terms of the Privacy Policy.

ELECTRONIC COMMUNICATIONS.  You consent to receive electronic communications from Activyst either via email or in postings on the Site.  Such electronic communications (via email or posting) shall satisfy any legal requirement that such communication be in writing.

CONTENT YOU SUBMIT.  You acknowledge that you are responsible for the information, profiles, goals, opinions, messages (including emails sent to any Activyst email account), data, text, comments, photos, graphics, music, sound, videos and any other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "User Content") and through the services available in connection with the Site, and that you, and not Activyst, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership.  Activyst is not liable for any statements, representations, or User Content provided by its users in any public forum or website, personal website, or other communication outlet.  

By posting, distributing, sending or displaying any User Content, you grant (and represent that you have the legal right to grant) Activyst a non-exclusive, royalty-free, perpetual, irrevocable, transferrable, fully paid, sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Content in its entirety (including your name) globally without restriction (the “License”).  Activyst will not be liable for any product, advertising or other business ideas submitted in User Content and is will not incur any liability for an similarities that appear between such User Content and future Activyst products or endeavors.  User Content shall be considered non-confidential and Activyst is under no obligation to treat such User Content as proprietary information except pursuant to Activyst's Privacy Policy applicable to personally identifiable information.  You warrant that you waive any “moral rights” to any of your User Content.  Activyst reserves the right to use the User Content at its discretion, including, without limitation, by editing, modifying, deleting, or refusing to post it on the Site.

You represent and warrant that: (1) you own all User Content or otherwise have the right to grant the License as described in the previous paragraph, (2) your User Content is accurate and not misleading and (3) the submission of your User Content does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or legal order. You are fully responsible for any and all fees, royalties, damages and any other money owed to any person or entity as a result of any User Content you submit through the Site.  

Furthermore, you agree that your User Content will not: (1) use explicit, offensive or obscene language, (2) use sexually-explicit language or images, (3) exploit or be cruel toward minors or animals, (4) discuss illegal activity, (5) violate the privacy, publicity, copyright, trademark or other legal rights of any individual or entity, (6) post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from said minor’s parent or legal guardian), (7) contain advertising, promotional materials, junk mail, spam, or any other form of such solicitation, and/or (8) alter the User Content of another individual or pose as another user.  This is a non-exhaustive list of restrictions and Activyst reserves the right to edit, modify, delete or refuse to post any User Content at its sole discretion.  Furthermore, you agree not to use robot, spider, scraper, deep-link, or other automated means to access the Site or to impose an unreasonable strain on the Site or our networks.

Activyst may report to law enforcement authorities any actions that may be illegal.  When legally required, or at Activyst's discretion, Activyst will cooperate with law enforcement agencies in any investigation of alleged illegal activity that may have occurred on the Site.

INDEMNIFICATION.  You agree to defend, indemnify and hold harmless Activyst, its affiliates, its suppliers, its distributers, and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) arising out of, or relating in any way to, your account and/or your use of the Site.  This includes, but it not limited to, any damage caused to your computer as a result of visiting the Site or downloading any Contents.

LINKS TO OTHER WEBSITE.  The Site may contain links, or references, to other websites.  Activyst does not control such websites and disclaims all responsibility for their content, products, services and/or information. These links are provided as a convenience.  If you access any linked websites and/or acquire any third party products or services, you do so at your own risk and subject to any terms and conditions and privacy policies imposed by the third parties who administer such sites.  

PRODUCT SALES.  All product sales from the Site are governed by any terms of sale that are posted on the Site, including these Terms, product warranties, our return policy, and shipping terms. By placing an order and/or accepting delivery of any product, you agree to be bound by all terms of sale. The terms of sale are subject to change at Activyst’s discretion and without prior notice, so you should review the terms of sale each time you make a purchase. 

Activyst reserves the right to refuse to fulfill any order you place with us for any or no reason.  Products will not be shipped until payment is received in full.  We may limit or cancel quantities you purchase, for any or no reason, irrespective of whether the order has been confirmed.  If you have already been charged for your order that is limited or cancelled, Activyst will refund the money charge for undelivered goods.  

WARRANTY.  Your Activyst products come with a 30-day limited warranty.  This warranty covers defects in materials and workmanship.  If such a defect appears during the warranty period, Activyst will repair or replace (at Activyst’s sole option) the product without charge.  You are responsible for shipping costs.

Activyst will inspect the returned product and will determine, at its sole discretion, if the product damage is covered by the warranty terms as laid out here.  Any attempted returns that do not fall under the warranty terms will not be accepted.  Of note, Activyst bags are made by hand and thus your beautiful bag may vary slightly in appearance from the model on the website; such variations do not trigger the warranty.  

The Activyst bags are made from macen, a fabric that is durable but does require some special care.  You can clean your bag by rinsing it or wiping it with water and dry it by air or with a towel.  Do not place your bag in the washer or the dryer, as that can destroy the macen's weave.  Macen, while strong, is prone to permanent creasing, so do not fold the bag for long periods of time.  An immaterial crease, or imperfection, in the macen at the time of receipt of your bag does not trigger the warranty.  Any crease, or imperfection, in the macen occurring after the time of receipt does not trigger the warranty.  

This warranty shall not apply to any defect or nonconformity caused by the unauthorized or unreasonable use of the goods following sale.  Not covered by this warranty is normal wear and tear, normal fading, abuse, improper care, negligence, modifications, accidents, damage to the macen weave due to trauma, use for a purpose other than for which it was designed, and the natural breakdown of colors and materials over time.  Damage incurred during airline handling is not covered by this warranty; claims in such cases should be directed at the airline.  

Under no circumstances shall Activyst be liable for special, indirect, incidental or consequential damages, whether the claim is based upon warranty, contract, negligence, strict liability or other cause of action. The warranty is provided only to the original individual, and cannot be assigned or transferred.

LIMITATION OF LIABILITY.  You bear full responsibility for any damages incurred as a use of this Site.  Your only remedy is to discontinue use of the Site.  Activyst and its officers, directors, owners, employees, agents, suppliers, licensors, and third party partners will not be liable for any damages whatsoever incurred as a result of using the Site (including, but not limited to, indirect, special, punitives, incidental, exemplary, multiplied or consequential damages, lost profits or revenues, failure to realize expected savings) irrespective of type of claim (this includes exclusion claims under contract, tort, negligence, and any other theory of law) and irrespective of whether Activyst was on notice of a potential issue.  Certain jurisdictions do not allow the exclusion or limitation of certain damages, so the above may be inapplicable to you.

GOVERNING LAW AND JURISDICTION.  These Terms shall be construed in accordance with the laws of the United States of America and the laws of the State of California.  Any dispute related to these Terms must be brought exclusively in the courts of the State of California in the County of Los Angeles or the Central District of California.  By using this Site, and agreeing to the Terms, you agree to be subject to personal jurisdiction in the Federal and State courts of the State of California.   

LANGUAGE.  All communications and agreements between Activyst and you, and any proceedings in connection with these Terms of Use and/or your use of the Site, exclusively shall be made in the English language. Activyst and you waive any rights we may have under any law to have these Terms of Use written in any language other than English, and any translation of this Terms of Use will be for convenience only.

Copyright @Activyst2013 All rights reserved.

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