Date of Last Revision: 11-15-2023
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR MOBILE APPLICATION.
These Site Terms apply exclusively to your access to, and use of, the SUNBRELLA Site and related mobile applications and online services (collectively, "Sites") operated by ReCircled and its subsidiaries and affiliated companies. These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with us or any other party for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and us for violations of these Site Terms.
References to ReCircled shall include their respective directors, officers, employees, agents, representatives, independent contractors, service providers and consultants unless the context requires otherwise.
We reserve the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Sites, at any time and in our sole discretion. We will notify you when the Site Terms have been changed by email or by posting the revised Site Terms on the Sites and posting a notice about such changes on the Sites. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites and shall apply to all use of the Sites and all acts or omissions occurring after the effective date of the revised Site Terms. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, your license to use the Sites will terminate and any further use will be unauthorized, so you must stop using the Sites.
If you have any question regarding the use of the Sites, please direct them to us via the following email address: SunbrellaRemade@Recircled.com
2. Items Displayed for Sale
All sales from the Sites are sold by ReCircled or its affiliates, subsidiaries, or business partners. Please refer to terms-of-sale for the terms and conditions that apply to your purchases of any products on the Sites.
a. Product Availability and Pricing
The products displayed and available for sale on the Sites may be revised or discontinued at any time without prior notice to customers, and products may become unavailable to customers even after an order is placed. All prices displayed on the Sites are subject to change without notice.
b. Product Descriptions; Pricing; Errors
We and our partners attempt to be as accurate as possible and eliminate errors on the Sites. However, we do not warrant that product descriptions, photographs, pricing, or other content on the Sites are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered on the Sites is not as described or pictured, your sole remedy is to return it in unused condition for a refund. In the event of an error, whether on the Sites, in an order confirmation, in processing an order or otherwise, we and our partners reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order and return the product(s) in unused condition.
c. Who Can Use the Sites to Purchase Items
If you are under 18, you may use our Sites only with involvement of a parent or guardian. We and our partners reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in its sole discretion.
3. Mobile Services and Contact Information
The Sites may include certain features or services that are available via your mobile phone (the "Mobile Services"), such as the ability to upload content to your mobile phone or request order and shipping status messages or other alerts be sent to your mobile phone. In addition, you may have the option, but will not be required, to provide your mobile number in the registration process as part of your contact information. By using the Mobile Services, or by providing your mobile number as a contact point, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You understand that your carrier's normal messaging, data and other rates and fees will apply to these Mobile Services and other communications, and you should check with your carrier to find out what plans are available and how much they cost.
4. Copyright and Limited License
Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, the logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are proprietary property belonging to us or our licensors and/or business partners and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (g) any use of the Sites or the Site Materials other than for their intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
5. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users, subscribers, or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Copyright Complaints
If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Audrey Kuhlman
Full Address of Designated Agent to Which Notification Should be Sent: 1801 California Street, Suite 2400, Denver, CO 82020
Telephone Number of Designated Agent: (888) 855-1609.
E-Mail Address of Designated Agent: SunbrellaRemade@Recircled.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer.
You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorney's fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
“ReCircled” and our brand partners’ names and logos and other product or service names, logos and slogans that may appear on the Sites, are trademarks or registered trademarks of ReCircled and/or our brand partners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ReCircled, or the applicable brand partner. You may not use any metatags or any other "hidden text" utilizing“ReCircled” or any other name, trademark or product or service name of ReCircled or our brand partners without the prior written permission of ReCircled or the brand partner, as applicable. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites 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 us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided, that such link does not portray us or any of our brand partners or any of our or their products and services in a false, misleading, derogatory, or otherwise defamatory manner and, provided further, that the linking site does not contain any material or any material that is offensive, harassing or otherwise objectionable in the opinion of ReCircled or is of the type of material that is prohibited by Section 11 (User Content and Interactive Services or Areas). This limited right may be revoked at any time. You may not use any of our logos or other proprietary graphics to link to the Sites without our express written permission. Further, you may not use, frame, or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any of our patents, trademarks, copyrights, or proprietary rights or any third party.
We make no claims or representations regarding, and accept no responsibility for, the quality, content, nature, or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
9. Third Party Content
We may provide or allow third party content on the Sites and may provide or allow links to Web pages and content of third parties (collectively the "Third-Party Content") as a service to those interested in this information. We do not monitor or have any control over any Third-Party Content or third-party Web sites. We do not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk. Any product reviews and comments posted on the Sites are strictly the opinion of the user posting such reviews or comments, and we do not endorse or approve any such reviews or comments.
10. Advertisements and Promotions; Third-Party Products and Services
We may run or allow advertisements and promotions from third parties on the Sites or may otherwise provide or allow information about or links to third-party products or services on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such advertisers or third-party information on the Sites.
11. User Content and Interactive Services or Areas
The Sites may include discussion forums, blogs, product reviews, or other interactive areas or services (“Interactive Areas”) in which you or other users create, post, or store any content, messages, reviews, ratings, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites (“User Content”).
You are solely responsible for your use of such Interactive Areas and use them at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
- User Content that you know or have reason to know is inaccurate, untruthful, or misleading;
- User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising, or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive, or destructive files; and
- User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose us or our users to any harm or liability of any type.
We take no responsibility and assumes no liability for (i) any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, or (ii) any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.
As a provider of interactive services, we are not liable for any statements, representations, or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit, or monitor any of the User Content posted in any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen, or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Site Terms and may result in, among other things, termination, or suspension of your rights to use the Interactive Areas and/or the Sites.
12. Disclosure to Governmental Entities
13. Rights in User Content and Submissions
Except as otherwise expressly stated by us, we do not claim ownership of any User Content or other materials you post or upload on the Sites or otherwise provide or submit to us. However, unless we indicate otherwise, you grant us and our business partners a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media. Such license shall be limited to use on or in connection with the Sites unless otherwise indicated on the Sites. You grant us and our sublicensees the right to use the name that you submit in connection with such User Content. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Notwithstanding the foregoing, you acknowledge and agree that any suggestions, ideas, comments or other information or materials regarding the Sites, us or our products or services that are provided by you, whether by email, posting to the Sites or otherwise, are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
14. User Conduct
By using the Sites, you agree not to:
- Use the Sites or Interactive Areas in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Sites;
- Harvest or collect email addresses or other contact information of other users from the Sites or Interactive Areas by electronic or other means;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites and/or Interactive Areas or to extract data;
- Use automated scripts to collect information from or otherwise interact with the Sites or Interactive Areas;
- Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
- Impersonate any person or entity or otherwise misrepresent your age or your affiliation with a person or entity;
- Violate any local, state, national or international law;
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information;
- Use or attempt to use another's account without authorization from us;
- Attempt to circumvent any content filtering techniques we may employ;
- Attempt to access any service or area of the Sites (including, without limitation, any Interactive Areas) that you are not authorized to access; or
- Engage in any harassing, intimidating, predatory or stalking conduct.
We are not responsible or liable for the conduct of, or your interactions with, users of the Sites (whether online or offline), nor are we responsible or liable for any loss, damage, injury, or harm associated therewith. Although we have no obligation to monitor any user conduct on the Sites or in any Interactive Area, we reserve the right, and have absolute discretion, to monitor any user conduct on the Sites at any time and for any reason without notice. We do not approve or endorse any user-posted meetings or events referenced on the Sites, and we recommend exercising caution before contacting or meeting anyone (online or offline) who is unfamiliar.
Your use of the Sites is at your own risk.
Any use of the Sites in violation of the user conduct rules set forth above or any of the other provisions of these Site Terms will constitute a violation of these Site Terms and may result in, among other things, termination, or suspension of your rights to use the Interactive Areas and/or the Sites.
15. Registration Data; Account Security
In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data"); (b) maintain the security of your password and identification and not share such information with any third party; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
16. Press Releases
The information contained within press releases issued by us should not be deemed accurate or current except as of the date the release was posted. We have no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements and is subject to material risk.
You agree to defend, indemnify, and hold harmless us and our brand partners, independent contractors, service providers and consultants, and our and their respective directors, officers, employees, representatives, and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites or your use of the Sites and/or the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against us and/or our brand partners, independent contractors, service providers, and consultants and/or their and our employees, officers, directors, representatives, and/or agents, arising out of or relating to the User Content, your conduct, your use of the Sites, your violation of these Site Terms or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ONE OF OUR AUTHORIZED REPRESENTATIVES, THE SITES, THE SITE MATERIALS CONTAINED THEREIN (INCLUDING ALL USER CONTENT) AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, USER CONTENT AND SITE MATERIALS IN THE SITES.
WE DO NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE DO NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITES OR THE SERVICE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. PRODUCT REVIEWS AND COMMENTS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS OR COMMENTS, AND WE DO NOT ENDORSE OR APPROVE ANY SUCH REVIEWS OR COMMENTS.
WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
We reserve the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice. 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, or any affiliation therewith, by us.
19. Limitation of Liability
IN NO EVENT SHALL WE, OUR BRAND PARTNERS, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE USER CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE RECORDS, PROGRAMS OR SERVICES OF US OR OUR BRAND PARTNERS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES EXCEED THE LESSER OF (1) ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SITES, AND (2) THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF ANY PRODUCTS FROM THE SITES.
20. Applicable Law and Venue
These Site Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and to be entirely performed within the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Denver County, Colorado, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, we reserve the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
23. Questions and Contact Information
Questions or comments about the Sites or these Site Terms may be directed to us via email at SunbrellaRemade@Recircled.com or by calling us at (888) 855-1609.