TERMS AND CONDITIONS

This Terms and Conditions of Use Agreement (the “Terms of Use”) is a legal agreement between World CopperSmith, Inc., a Minnesota corporation whose notice address is contained below and/or any of its affiliates (“CopperSmith” or “Company”) and each user who has completed the registration process, provided information and/or is using the Company’s website (“User” or “you”) located at the domain name https://www.worldcoppersmith.com (“Website”). 

By using this Website; visiting or shopping with the Company, or utilizing any service or business offered by the Company, including, but not limited to gift cards, each User agrees to be bound by these Terms of Use. If you or any User does not wish to be bound by the Terms of Use, you or such User must exit the Website now and may not use the Website or any services offered through the Website.

Please read the terms of this Agreement carefully.

TERMS

You must be at least eighteen (18) years or older to access the Website or Company’s products and services. Company provides the Website and various related services subject to User’s compliance with these Terms of Use and all the terms, conditions and notices contained or referenced herein, including the shipping and return policy available at https://www.worldcoppersmith.com/shipping-returns/, the privacy policy available at https://www.worldcoppersmith.com/privacy-policy/, as well as any other written agreement between the Company and User and any posted guidelines or rules applicable to such services or materials which are hereby incorporated by reference into these Terms of Use.

MODIFICATION AND CHANGES

Company reserves the right to, in its sole discretion, change these Terms of Use from time to time without notice to User. User acknowledges and agrees that it is User’s responsibility to review this Website and these Terms of Use periodically and to be aware of any modifications. User’s continued use of this Website after such modifications will constitute User’s acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition is deemed severed and does not affect the validity and enforceability of any remaining condition. Company reserves the sole right to modify or discontinue the Website, including any features included, at any time with or without notice to User. Company shall not be liable to User or any third party if the Company chooses to exercise such right. Modifications may include, without limitation, changes in the pricing structure, warranty, shipping, returns, the addition of fee-based services or changes to limitations on allowable file sizes. Any new features that augment or enhance the services on the Website are also subject to the Terms of Use. The Website is provided “AS IS” with no warranty of any kind associated with the performance of the Website.

PAYMENT OF FEES

Fees due by the User for using certain services or purchasing products are either set out in a separate membership agreement or described elsewhere on the Website and are the sole responsibility of the User (“Fee”). Any such agreement is incorporated by reference. If User incurs a Fee, User agrees to pay all Fees. Company may utilize a third-party payment processor. Each User hereby authorizes Company to share any User information with third-parties for the purposes of processing payment of any Fee.

Company will bill all Fees to User’s credit card or other automatic payment options available and provided to Company by User. User agrees to provide Company with accurate and complete billing information, including valid credit card information, User’s name, address and telephone number and to provide Company with any changes in such information within five (5) calendar days of the change. If for any reason, User’s credit card company refuses to pay the Fee, User agrees that Company may require User to pay any unpaid amount due upon demand (“Default”) by other means acceptable to Company. If legal action is necessary to collect any Fees due, User agrees to reimburse Company for all expenses incurred to recover Fees due, including collection fees, attorney fees, and other expenses. 

CANCELLATION POLICY

Orders canceled within 24 hours after being placed will be 100% refunded. After the 24-hour window, orders will be subject to a minimum 10% production fee without exception. Orders canceled in the design phase (after 24-hour window, but prior to CAD drawing approval), will be refunded only 50% of the total sale price. Once the customer approves the CAD drawing, the order is placed into production and ALL SALES ARE FINAL, meaning that all order will not be eligable for cancelation or a refund.

PRIVACY 

Registration Data. In order to access some of the Services on the Website, User will require a separate account, password and/or other information and data provided to Company in connection with the use of the Website (“Registration Data”). By registering, User agrees that all information provided in the Registration Data is true and accurate, the User is at least eighteen (18) years of age and that User will maintain and update this information as required to keep it current, complete and accurate. User grants Company the right to disclose to third parties certain Registration Data about User in accordance with any privacy policy included on the Website, which is specifically incorporated by reference into the Terms of Use. User is solely responsible for maintaining the confidentiality of User’s password and account and for any and all statements made and acts or omissions that occur through the use of User’s password and account, including any mail sent and any charges incurred. Therefore, User must take steps to ensure that others do not gain access to User’s password and account. Company’s personnel will never ask User for User’s password. User may not transfer or share User’s account with anyone and Company reserves the right to immediately terminate User’s account in the event of any unauthorized transfer or sharing.

Each registration is for User’s personal use only and not on behalf of any other person or entity. Company does not permit (a) any other person using the registered sections under User’s name; or (b) access through a single name being made available to multiple users on a network. User is responsible for preventing such unauthorized use. 

User Data. Subject to any applicable Company privacy policy, User is solely responsible for the contents of any of User’s communications submitted, transmitted, displayed, posted or shared through the Website or to Company, whether by electronic mail or other means, for any reason (“User Data”). All User Data will be treated as non-confidential and non-proprietary. Unless otherwise established, User retains all rights in the User Data and grants Company and its designated licensees a non-exclusive, royalty-free perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such User Data for any purpose, regardless of the form or medium, whether now known or not currently known, in which it is used. User is responsible for ensuring no User Data is confidential, proprietary or in any way related to an unsolicited idea or proposal and User waives any allegation claiming otherwise.

User represents and warrants that User owns or otherwise controls all of the rights to the User Data; that the User Data is accurate; that use of the User Data does not violate this policy and will not cause injury to any person or entity; and that User will indemnify Company for all claims related to the User Data. By including an email address to Company, User consents to receive electronic communications from the Company. Company will communicate with User by e-mail or by posting notices on this Website. User agrees that all agreements, notices, disclosures and other communications that Company provides to User electronically, satisfy any legal requirement that such communications be in writing. User further agrees that by supplying the User’s e-mail to the Company, User consents to receiving e-mail communication from the Company.

When opted-in, you will receive text messages (SMS/MMS) to your mobile number. These kinds of messages may include offers, coupons, or other information.

• You can opt-out of this service at any time. Just text “STOP” to the phone number. After you text “STOP” to us, we may send you an SMS reply to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time or text “START” or “JOIN” and we will start sending SMS messages to you again.
• If you are experiencing any issues, you can reply with the keyword “HELP”. Or, you can get help directly from us.
• Carriers, such as AT&T, are not liable for delayed or undelivered messages.
• Message and data rates may apply for any messages sent to you from us and to us from you.
• If you have any questions about your text plan or data plan, please contact your wireless provider.
• If you have any questions regarding privacy, please read our privacy policy.

CONDUCT

User’s use of the Website is subject to all applicable laws and regulations. User agrees not to upload, share, post, or otherwise distribute or facilitate distribution of Content (defined below) that is, or is used, in a manner that is “Objectionable,” including, without limitation, displaying any Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties, consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam,” includes a false e-mail address, impersonates any person or entity or otherwise misleads as to the origin of a card or other content. The Company reserves the right, but not the obligation, to remove or edit such content, but does not regularly review posted content. 

User may not modify or download (other than normal page caching) any portion of the Website or content related to Company’s services unless (i) your download is for personal, non-commercial use, and (ii) you have obtained written authorization in advance from Company. User further agrees not to copy any content from the Website for the benefit of any third party, or use any data mining, scraping, or similar data gathering tools. User also agrees not to reproduce, copy, modify, display, sell, visit, or exploit any content from the Website for any purpose.

All information User provides to Company or through the Website must be accurate and truthful. If you decline to provide the requested information, provide false information, or fail to make a required payment, CopperSmith may cancel your account and deny you access to the Website or any associated goods or services at any time, without notice.

INTELLECTUAL PROPERTY

“Content” is defined as including, without limitation, information, content, design, compilation, magnetic translation, digital conversion organization, communications, software, photos, video, graphics, music, sounds and other material and services that relate to the Website or that can be viewed by Users on the Website including, without limitation, message boards, chat, other original content, text, communications, software, images, sounds, data, User Data, Registration Data or other information.

By accepting the Terms of Use, User acknowledges and hereby agrees that unless expressly stated otherwise, all Content is solely owned and the property of Company and/or its affiliates and protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws including, without limitation COPPERSMITH and all other names, trademarks, service marks, logos, domain names, commercial symbols and styles used by Company in providing its products and/or services (collectively referred to as “Intellectual Property Rights”).

User is granted a nonexclusive revocable limited license to access the Website for its personal use. User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. User may not use any Company logo or other proprietary graphic or trademark as part of the link without Company’s express written permission. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Notwithstanding the foregoing, User may not copy, commercialize, reproduce, modify, republish, upload, post, transmit, or distribute any of the Content from the Website in any form or by any means without prior written permission from Company or the specific content provider. User may not frame or utilize framing techniques to enclose any Intellectual Property Rights of Company without the express written consent of Company. User may not use any meta tags or any other “hidden text” using Intellectual Property Rights without the express written consent of Company. User does not acquire ownership rights to any Content. Any unauthorized use of the Content is strictly prohibited and is a violation of the Company’s Intellectual Property Rights that may result in criminal or civil penalties and immediately terminates the permission or license granted by Company. Neither Company nor the Affiliates warrant or represent that User’s use of the Content or any other materials displayed on, or obtained through, the Website will not infringe the rights of third parties.

USE OF MATERIALS

User acknowledges the value of both the Company’s Intellectual Property Rights and the intellectual property rights of others. If at any time the User believes its copyright, trademark or other property rights have been infringed by a posting on the Website, the User shall immediately send a notification to the Company’s “Designated Agent” that is identified below.

DESIGNATED AGENT

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), the Company’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated. Designated Agent for Claimed Infringement via email at [email protected], or World CopperSmith, Inc., Attn: Ryan Grambart, 3500 Vicksburg Lane North #364, Plymouth, Minnesota, 55447, (888) 431-4677. User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, Company may immediately remove the identified materials from the Website without liability to User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

ADDITIONAL TERMS FOR PRODUCT PURCHASES

SHIPPING & DELIVERY

In-stock products ordered with CopperSmith have an estimated transit time of five (5) to twelve (12) business days. This does not include weekends or holidays as deliveries are conducted on business days only.

Custom or made-to-order products can take up to twelve (12) weeks for delivery from the date the CAD drawing is approved by the customer, depending on the type of product ordered. For custom or made-to-order products, production and delivery lead times are estimates. In the unlikely case of a custom or made-to-order product(s) exceeding 24 weeks from the CAD approval date, the customer has the right to cancel the custom or made-to-order product(s) for a full refund.

While the large majority of our orders arrive within the lead times shown, all delivery dates provided to the customer are good faith estimates due to multiple variables during transit and therefore are not guaranteed by CopperSmith. The handmade nature of our products does not allow us to make delivery date guarantees, only estimates. Our number one priority is quality and some orders may require more time to ensure the highest quality is met.

Free shipping does not pertain to orders being shipped to Hawaii, Alaska and Puerto Rico or any foreign countries. Standard Shipping includes delivery to, and not beyond, the threshold or lobby/service area of a high-rise building. Please note that stairs to the front door or first dry area are not included with this delivery service. 

CopperSmith is not responsible for any additional shipping charges or fees thereafter and shipping charges are subject to change without prior notification to the customer. Any additional charges accrued with the delivery company will be transferred to the customer. These include, but are not limited to, isolated zip or postal codes (e.g. back road, islands, etc.), missed attempt delivery charges, storage fees, additional delivery services and/or other potential charges to the product(s) ordered. Once an order has been set up for shipment, we cannot accept any changes to the product(s) ordered. It is the customer's responsibility to keep track of the order from shipment to delivery.

RISK OF LOSS

All items purchased from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to User upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

The Company attempts to be as accurate as possible. However, Company does not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error‐free. If a product offered by Company itself is not as described, User’s sole remedy is to return the product in unused condition.

PURCHASE ORDERS AND FORM ISSUES

These Terms of Use supersede all prior proposals, negotiations, representations, agreements and understandings between the parties, including those contained in any confidentiality agreements, and all terms and conditions contained in any Customer-provided purchase orders or other provided documents and constitutes the complete and exclusive agreement between Customer and Company regarding the subject matter hereof, and the Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in these Terms of Use. 

Any reference to a purchase order or similar documentation on an invoice or other acceptance thereof is solely for Customer's convenience in record keeping, and no such reference or the provision of Services to Customer shall be deemed an acknowledgement of or agreement to any terms or conditions associated with any such purchase order or other Customer-provided documentation. Any such associated terms and conditions shall be of no force and effect, and shall not in any way be deemed to amend, modify, supersede, alter or supplement these Terms or Use.

1. Tracking and Delivery Windows: While we strive to provide precise tracking information, it’s important to note that the tracking details we receive from carriers are primarily intended for internal use and might confuse customers. Sometimes, we will provide you with an estimated arrival date instead. Rest assured, we will keep you informed every step of the way, ensuring you have a clear idea of when to expect your order.
2. Scheduling the Delivery: Depending on the carrier, you will either be contacted by phone to schedule a delivery window or provided with instructions via email to schedule your delivery online. Please be available for the call or email and present for your delivery at the scheduled time to avoid redelivery or storage fees.

DURING DELIVERY

1. Initial Inspection and Signing for Delivery: Upon delivery, you are responsible for inspecting the outside of the package for damages or missing items before the driver leaves. If you find any issues, note them on the delivery receipt by clearly writing “DAMAGED” or “MISSING ITEMS,” if possible. Regardless of the condition of the packaging, be sure to always sign the receipt “CONTENTS SUBJECT TO INSPECTION.”

AFTER DELIVERY

1. Full Inspection: Even if the package looks perfect on the outside, there may be hidden (concealed) damage inside the package due to rough handling. You are responsible for carefully removing and fully inspecting your order and reporting any damages or missing items to CopperSmith within 3 calendar days of delivery. After your inspection, your order can be safely returned to the packaging for safe storage until installation. You may need the following items to open your package:
   • A cordless drill with a Philips head attachment.
   • A heavy-duty scissors or utility knife.
   • Having another person to assist with safely removing the item from the crate may be helpful.
2. Handling Damages or Missing Items: If you discover any damage or missing items after opening the package, contact our client services team right away. We will need detailed photos of all sides of the item and packaging and close-ups of any damage, if applicable. We will also need a description of the issue. Please send this within 3 days of receiving the shipment to expedite the resolution process. Do not throw away any of the packaging or install your order. Installation is acceptance.
3. Follow-Up From CopperSmith: We will track your order until it reaches you. Once your tracking information shows that your order has been delivered, our client services team will email you to check how your experience was and ensure the inspection has been completed. Please respond to this email to confirm the inspection results.

WE'RE HERE TO HELP

If you have any questions or need assistance, please reach out to our client services team. We are here to facilitate communication with the shipping carrier and address any concerns you may have.We appreciate your business and look forward to delivering your beautiful custom metalwork to you. Thank you for choosing CopperSmith.

PRODUCT WARRANTY

CopperSmith offers a 1-year limited warranty against manufacturer defects including mechanical malfunctions, leaking, structural damage, finishes, welds and basin slopes. All products must be inspected for warranty or defects prior to installation. If a defect is found, CopperSmith will, at its election, repair, replace or make appropriate adjustments to the warranted product. We do not offer a money-back warranty. 

Normal wear and tear or damage from daily use are not warranted. Copper, bronze, steel and nickel products can be expected to naturally change over time with normal use. Products are fabricated from natural elements and are therefore subject to imperfections and/or inconsistencies, or variances in color, texture, and patina, which are not covered under our warranty. Other exclusions include damages incurred as a result of installation, misuse or abuse of the product, replacement or repair, alteration of product, and damages due to improper cleaning or neglect.

CopperSmith warranty claims cover the product only and do not cover the following: product modifications by the User, client or installer, expedited shipping or production costs, installation costs resulting from the removal of the defective product, or reinstallation costs of a replacement.

If you would like to make a warranty claim, please contact us directly by email at [email protected] or by phone at 1-888-431-4677.

ACCOUNT SECURITY

You are responsible for all the activity on your account, and for keeping your username and password confidential. If you know or suspect that someone has used your account without permission, you must immediately report it to us [email protected].

You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. CopperSmith reserves the right to disable any account at any time and for any reason, particularly where account abuse or misuse is suspected.

THIRD-PARTY SITES AND INFORMATION

The Website may link User to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under the Company’s control, and User acknowledges that Company is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites nor is Company responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference does not imply endorsement of, or association with, the site or party by Company.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY

CopperSmith tries to keep the Website working, error-free, and safe, but cannot guarantee that the Website will be secure or that access to or use of the Website or related services will be uninterrupted or free of errors or omissions. CopperSmith uses reasonable care and skill in providing the Website, but the Website, and any services or products provided through the Website are provided without any warranties of any kind, unless otherwise expressly stated in writing.

This Website and all information, content, materials, products (including software) and services included on or otherwise made available to User through this Website are provided by Company on an “as is” and “as available” basis unless otherwise specified in writing. Company makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, products (including software) or services included on or otherwise made available to User through this Website, unless otherwise specified in writing. User expressly agrees that the User’s use of this Website is at User’s sole risk. To the fullest extent permissible by applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant that this Website; information, content, materials, products (including software) or services included on or otherwise made available to User through this Website; the servers; or e‐mail sent from Company are free of viruses or other harmful components. Company will not be liable for any damages of any kind arising from the use of this Website or from any information, content, materials, products (including software) or services included on or otherwise made available to User through this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

TRANSACTIONS WITH THIRD-PARTIES

Through User’s use of the Website, User may have opportunities to engage in commercial transactions with other users and vendors. User acknowledges and agrees that such transactions are independent and separate from these Terms of Use and that CopperSmith is not responsible for any actions of User or from any third parties. In such circumstances, CopperSmith is only providing a platform where User or other third-parties can connect with others for the purpose of entering into independent transaction. User’s use or any third party’s use of CopperSmith’s Website or other services does not constitute and shall not be construed as an endorsement, recommendation, or approval of the products or services of User or any third party.

All transactions relating to any merchandise or services offered by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between User and the seller or purchaser of such products and services. Company makes no warranty regarding any transactions executed through, or in connection with the Website, and User understands and agrees that such transactions are conducted entirely at User’s own risk. Any warranty that is provided in connection with any content, products, services, materials, or information available on or through the Website is provided solely by such third party or through a separate acknowledgment. Company does not include any express product warranty within this agreement. Related damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise whether or not Company has been advised of the possibility of such damage, and on any theory of liability, arising out of or in connection with the use of the Website or of any site referenced or linked to from the Website. Further, Company shall not be liable in any way for third party goods and services offered through this Website or for assistance in conducting commercial transactions through this Website including, without limitation the processing of orders. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to User.

INDEMNIFICATION

Upon a request by Company, User agrees to indemnify, defend and hold Company and Company’s Affiliates harmless from all liability, loss, claim, and expense, including attorney’s fees, related to User’s violation of the Terms of Use or misuse of the Website. Company hereby reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will cooperate with Company in asserting any available defenses.

PRIVACY POLICY

Company’s privacy policy, as it may change from time to time, is a part of the Terms of Use. The User is solely responsible for reviewing any privacy policy incorporated into the Terms of Use. 

INTERNATIONAL USE 

Although the Website may be accessible worldwide; Company makes no representation that materials on the Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Users who access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, services and/or information made in connection with this Website is void where prohibited.

TERMINATION OF USE

User agrees that Company may, in Company’s sole discretion, terminate or suspend User’s access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of the Terms of Use, or any law, rule, regulation, or guideline. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating User’s relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, User’s right to use the Services available on the Website immediately cease and User acknowledges and agrees that Company may immediately deactivate or delete User’s account and all related information and files in User’s account and/or bar any further access to such files or the Website. Company is not liable to User or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Company in connection therewith.

ASSIGNMENT

This Terms of Use Agreement and all incorporated agreements and Registration Data may be automatically assigned by Company in its sole discretion. User may not resell, assign or transfer any of its rights or obligations under the Terms of Use, in whole or in part, without Company’s prior written consent and any attempt to so resell, assign or transfer will be null and void.

ATTORNEY’S FEES

In any action, formal or informal, initiated by Company to enforce the Terms of Use, the Company will be entitled to costs and attorneys’ fees.

INTERPRETATION

If a court finds any provision of the Terms of Use invalid or unenforceable, the remainder of the Terms of Use shall be interpreted so as to best effect the intent of the Parties or the Parties agree that the maximum period or scope legally permissible under such circumstances will be substituted for the period or scope stated herein.

AMENDMENT

The Terms of Use may be amended at any time by Company without specific notice to User. The latest Terms of Use will be posted on the Website, and User should review these Terms of Use prior to using the Website.

APPLICABLE LAW

By using the Website, User agrees that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Terms of Use and any disputes relating in any way to Company, the Website, or any products or services sold or distributed by Company. Company and User agree and irrevocably submit to the exclusive personal jurisdiction and venue of the state or federal court in Hennepin County, Minnesota for any dispute, action, proceeding, suit or other legal action arising out of or related to these Terms of Use, the Website, or Company.

CUSTOMER RATINGS AND REVIEWS TERMS OF USE

These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by CopperSmith (the “CRR Service”). To the extent of any conflict between CopperSmith’s Privacy and Security Statement and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

By submitting any content to CopperSmith, you represent and warrant that:

• you are the sole author and owner of the intellectual property rights to any content you submit as part of the CRR Service;
• all “moral rights” that you may have in such content have been voluntarily waived by you;
• all content that you post is truthful, accurate, and not misleading;
• you are at least 18 years old;
• use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

• that is known by you to be false, inaccurate or misleading;
• that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party to create;
• that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
• that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold CopperSmith (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant CopperSmith a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at CopperSmith’s sole discretion. CopperSmith reserves the right to change, condense or delete any content on CopperSmith’s website that CopperSmith deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. CopperSmith does not guarantee that you will have any recourse through CopperSmith to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, CopperSmith reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not CopperSmith, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of CopperSmith, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers, and employees.

CopperSmith may require you to provide certain information or data in order to submit a review. By submitting a review, you agree and consent to CopperSmith’s promotional use and display (whether online or offline) of all such information or data you provide with, or as part of, your review (including, but not limited to, any name, user name, screen name or other identifier, and any age, location, or other personal information you choose to provide).

By submitting your email address in connection with your rating and review, you agree that CopperSmith and its third-party service providers may use your email address to contact you about the status of your review and other administrative purposes.

WRITING GUIDELINES

CopperSmith is interested in publishing product reviews that you provide, so please comply with the following guidelines:

• Keep your review focused on the product.
• Avoid writing about customer service, contact us instead if you have issues requiring immediate attention.
• Refrain from mentioning competitors or the specific price you paid for the product.
• Do not include any personally identifiable information, such as full names.

Because this is a public site, we moderate all reviews before posting them. Reviews containing any of the following types of content may be rejected or removed:

• Reviews that are not about the product. Feedback about customer service or shipping issues is not a product review and should instead be handled by our Customer Service Team. Please contact us, or call 1-888-431-4677 for assistance.
• Please contact us directly at 1-888-431-4677 if you have safety concerns about a product you are reviewing. We flag reviews with these concerns and share them with our Product Safety Team to investigate and react accordingly.
• Reviews that contain offensive or inappropriate content: Profanity, obscenities, discriminatory language or other languages not suitable for public forums.
• Advertisements, “spam” content or references to other products, offers or websites.
• E-mail addresses, URLs that take customers off worldcoppersmith.com, phone numbers, physical addresses or other forms of contact information.
• Critical or spiteful comments on other reviews posted on the page or their author.
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