Sycamore & Oak

TERMS AND CONDITIONS

Welcome to the website of Sycamore & Oak. This website is maintained by Emerson, Collective, LLC and its affiliates (“S&O”). Please read the following terms of use carefully before using the website. These terms are binding on the parties, and your use of our website constitutes your agreement to these terms, which may be updated by us from time to time without notice. This website is not intended for and is not designed to attract children under 13 years of age.

Privacy

These terms also incorporate our Privacy Policy. Please read the Privacy Policy carefully, as you agree to its terms when you use the website.

Use of the website, and limits on content sharing

We welcome your use of the website, subject to the following restrictions.

You are free to share links to content that you wish to share with others. However, except as authorized by S&O under a separate written agreement with you, you may use, download, or print material included on the website only for personal and noncommercial use; any commercial use, such as selling content, or posting S&O content on another website, is prohibited. Further, you may not:

Frame or otherwise modify any portion of the website.
Change or delete any proprietary notices on the website or from materials downloaded or printed out from the website.
Systematically retrieve, download, or print materials from the website.
Transmit, distribute, sell or otherwise provide any content or data from the website to a third party (except as expressly authorized by S&O under a separate written agreement).
Use the website in a manner contrary to any applicable law.

You agree to be solely responsible for your use of the website. Your permission to use the website will be terminated immediately without any further action by S&O if you breach these terms.

Proprietary Rights

S&O is the sole owner or licensee of all content on the website and related software, including without limitation all articles, blog posts, comments, illustrations, photographs, video clips, and audio clips, all of which is protected by relevant intellectual property rights under U.S. laws. No copyright or other rights, title, or interest in such content is transferred to you other than those expressly granted in these terms. Any third-party trademarks or service marks displayed on the website are the property of their respective owners. No right, title or interest in those marks is granted by these terms.

LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES

The website and all information, services or links on or through the website are provided to you “as is” without any warranties of any kind, whether express, implied or statutory. You agree that you must evaluate any risks associated with the use of the website, including without limitation, any reliance on the accuracy, timeliness, completeness or usefulness of any content or services available on or through the website or on or through any link or listing. S&O disclaims all warranties with respect to the website and any content or services available on or through the website or on or through any link or listing, to the fullest extent permissible under applicable law.

S&O will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any theory, whether in contract, negligence, strict liability, or other theory (including detrimental reliance), including, without limitation, damages for loss of profits, use, data, loss of intellectual property, loss of other intangibles, loss of security of information in connection with your use or any other party’s use or misuse of the website, even if advised in advance of such damages or losses. Your sole and exclusive remedy for dissatisfaction with the website is to stop using the website. The maximum liability of S&O for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise, shall be $100 US dollars.

We do not guarantee that the website will be or remain secure, complete or correct, that the website, the server that makes the website available, or the services are free of errors, viruses, bugs or other harmful components, or that access to the website will be uninterrupted. The website may include inaccuracies, errors and materials that violate or conflict with this agreement. Additionally, it is possible that third parties might make unauthorized alterations to the website.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on this website infringe your copyright, you (or your agent) may send S&O a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send S&O a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to legal@sycamoreandoak.com.

Access for all

S&O is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We are actively working to increase the accessibility and usability of our website and in doing so adhere to many of the available standards and guidelines. If you encounter any access issue, please bring it to our attention at access@sycamoreandoak.com.

General terms

These terms and the relationship between you and S&O shall be governed by the laws of the United States and the state of New York without regard to any conflict of law provisions. If any provision of these terms 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 these terms remain in full force and effect. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles in these terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

April 14, 2023