PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION AND ACCEPT THE TERMS SET FORTH HEREIN. IF YOU ARE NOT AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION OR DO NOT ACCEPT SUCH TERMS, YOU MAY NOT ACCESS THE SITE.

BINDING ARBITRATION

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND RESERVOIR MAY HAVE AGAINST EACH OTHER WITH RESPECT TO YOUR USE OF THE SITE CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST RESERVOIR TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 11 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH RESERVOIR. 

1. Changes to Terms

The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

2. Privacy

Please review our Privacy Policy (“Privacy Policy”) which also applies to your use of the Site. 

3. Intellectual Property
   
   

The Site, and the information, files, documents, text, photographs, images, audio, video and all other content and materials which it contains, and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

4. License

Reservoir grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of Reservoir.

5. Purchases

All products offered for purchase on the Site are subject to availability. The prices stated for such products are subject to change without notice at any time, at our sole discretion. Any Reservoir publication concerning our products may include inaccuracies or typographical errors. Reservoir shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. Reservoir may make improvements and/or changes in the products described in these publications at any time without notice.

Reservoir may reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our independent third-party payment processor. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order.

Unless otherwise agreed to by Reservoir, a payment method must be provided prior to acceptance of an order. When you place an order, you agree to pay for the order using the credit card, debit card, or other payment method entered or utilized at checkout. You authorize us to submit any preauthorization or preapproval entries, submit authorization holds, and submit any charge entries and debits necessary or reasonable to process the order. 

You understand that products purchased by you and shipped to your designated location may be subject to applicable foreign, state or local sales or use tax, privilege tax, excise tax or similar transaction-based taxes (“Taxes”). The amount of Taxes is based on a number of factors, including but not limited to the amount of product purchased and your designated delivery address. Taxes and shipping costs are not included within the listed prices for products displayed on the Site but are included as a separate line items and will be displayed to you before confirmation of any purchase. You are responsible for paying the applicable purchase price for products purchased through the Site, including shipping costs, and paying applicable Taxes associated with the purchase and sale of the products. 

Payment will be processed by Reservoir’s independent third-party payment processor, using the payment method you designate or that is designated in your account. If you would like to use a different payment method, please visit your account settings to update your billing information. We may charge another stored payment method if your default payment card is declined or no longer available to us.

6. User Accounts

You may register an account on the Site. You agree that the information you provide to us during the registration process and at all other times when you use the Site is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that Reservoir has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, Reservoir has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at hello@reservoirhome.com. Reservoir will not be liable for losses, damages, liability, expenses, and fees incurred by Reservoir or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

7. Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulation; 

• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;

• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;

• Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;

• Use any device, software or routine that interferes with the proper working of the Site; or

• Otherwise attempt to interfere with the proper working of the Site.

8. Feedback

All material, information or other communication you submit, transmit, upload or post to this Site including any reviews, ideas, comments, suggestions, feedback, data, images, sounds, text or the like (“Feedback”) will be considered non-confidential and non-proprietary. Except with respect to personally identifiable information, which we will collect, use and disclose in accordance with our Privacy Policy, Reservoir will have no obligations with respect to the Feedback. You hereby assign to Reservoir all intellectual property rights, including any moral, publicity and privacy rights you have in any Feedback. By submitting the Feedback to Reservoir, you agree Reservoir is free to use the Feedback, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identified form. Without limitation, Reservoir and its designees will be free to copy, disclose, distribute, incorporate, publicly display, publicly perform, modify, create derivative works of, commercialize and otherwise use the Feedback for any and all commercial or noncommercial purposes anywhere in the world.

9. Disclaimer and Limitation of Liability

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED BY RESERVOIR ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RESERVOIR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT INCLUDED ON THE SITE. 

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL RESERVOIR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY CONTENT INCLUDED ON THE SITE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, ANY LINKED SITE, OR ANY SERVICES ACCESSED OR USED THROUGH THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND ANY SERVICES ACCESSED OR USED BY YOU THROUGH THE SITE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

Any claims arising in connection with your use of the Site or any services accessed or used through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.  

10. Indemnification

You agree to indemnify, defend and hold harmless us and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

11. Arbitration Agreement

Arbitration.  Any dispute, controversy, or claim between us arising out of or relating in any way to these Terms, our Site, services offered through our Site, your account or any purchase you make from us will be resolved by binding arbitration, rather than in court, except that you or we (1) may elect to assert claims in, or transfer claims to, small claims court if your or our claims qualify and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act (“FAA”) and federal arbitration law shall apply to this arbitration agreement.  If the FAA is found not to apply to any issue that arises under this section or the enforcement of this arbitration agreement, then that issue shall be resolved under the laws of the State of Massachusetts. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).

At least thirty (30) days before beginning an arbitration proceeding, you must send an individualized letter personally signed by you, and identifying yourself by name and address, detailing your legal claims, the requested relief and requesting arbitration to 50 Terminal Street, Building 2, Unit 719, Boston, MA 02129 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Within thirty (30) days of such notice, either party may respond to the letter with a request for an informal dispute resolution conference between the parties by video, with counsel present if the party is represented, and the parties agree to so conduct such conference personally and individually in good faith before initiating arbitration. All applicable claims or filing limitations period shall be tolled during the pendency of this pre-arbitration notice period.

The arbitration will be conducted by JAMS under its then current and applicable Comprehensive Arbitration Rules & Procedures, and where applicable its Mass Arbitration Procedures and Guidelines, unless otherwise stated herein. JAMS’ rules and a form for initiating arbitration proceedings are available on the JAMS website at https://www.jamsadr.com/. 

If you are a prevailing party, you may seek reimbursement of your fees and costs. However, we may seek our attorney’s fees and costs if the arbitrator finds your claims to be frivolous or brought for an improper purpose or otherwise not satisfying Federal Rule of Civil Procedure 11. There will be only one arbitrator, not a panel. 

You and we also agree that, if more than one dispute arises against a party regarding the same or substantially similar issues filed by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, our respective claim(s) will be arbitrated in a coordinated fashion such that JAMS (or if JAMS is not available to arbitrate, another agreed upon arbitral forum) shall (1) administer the arbitration demands together; (2) appoint one arbitrator for the coordinated demands; and (3) issue one set of filing and administrative fees due per side, one procedural calendar, and one hearing (if any) in a place to be determined by the arbitrator. To the extent the parties disagree on the application of the provisions of this paragraph, the disagreeing party shall advise JAMS (or if JAMS is not available to arbitrate, another agreed upon arbitral forum), and JAMS (or if JAMS is not available to arbitrate, another agreed upon arbitral forum) shall appoint a sole standing arbitrator to determine the applicability of this paragraph and process. The Administrative Arbitrator’s fees shall be paid by us.  This arbitration agreement will survive termination of the agreement.

Enforceability. If this arbitration agreement is invalidated in whole or in part, by either a court or by JAMS, then the entire arbitration agreement shall be null and void and either party may elect to proceed with the dispute in court. The parties agree that the exclusive jurisdiction in Section 13 (Governing Law; Jurisdiction) shall govern the claim.

Jury Trial Waiver and Small Claims Court. If for any reason a claim proceeds in court rather than in arbitration, we each acknowledge and agree that we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.

Class Action Waiver. Regardless of forum, we each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis or otherwise coordinating claims filed in arbitration.

12. Links to Third Party Sites

Our Site may contain links to third-party websites and online services. Any access to and use of such third-party websites or online services is not governed by our Privacy Policy or these Terms but is instead governed by the privacy policies and terms of use of those third-party websites or online services, and we are not responsible for the information practices of such third-party websites or online services.

13. Governing Law; Jurisdiction

These Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to any conflict of law principles. Further, you and we agree to the jurisdiction of a state or federal court in the Commonwealth of Massachusetts to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms (and any non-contractual disputes and/or claims relating to or arising in connection with it) and that is not subject to mandatory arbitration under Section 11 (Arbitration Agreement) above.

14. Miscellaneous

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you on the Site, block your access to the Site, block IP addresses. 

If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right. 

15. How to Contact Us

If you have any questions, comments or notices regarding these Terms, please contact us at:

Reservoir

50 Terminal Street

Building 2, Unit 719

Boston, MA 02129

hello@reservoirhome.com