Conditions of Use

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Conditions of Use

Welcome to ancientwaysdm.com. AW2, LLC and/or its affiliates ("Ancient Ways" & “Ancient Ways Too”) provide website features and services to you when you visit or shop at ancientwaysdm.com, use Ancient Ways products or Web site, use Ancient Ways applications for mobile, or use software provided by Ancient Ways in connection with any of the foregoing (collectively, "Ancient Ways"). Ancient Ways provides the web site subject to the following conditions.

By using the Ancient Ways web site, you agree to these conditions. Please read them carefully.

We offer a wide range of products and Web site at Ancient Ways, and sometimes additional terms may apply. When you use an Ancient Ways (for example, Your Profile, Gift Cards, Ancient Ways Video, etc…) you also will be subject to the guidelines, terms and agreements applicable to that Ancient Ways web site.

PRIVACY

Please review our Privacy Policy, which also governs your use of ancientwaysdm.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use the Ancient Ways Web site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Ancient Ways service, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software is the property of Ancient Ways or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Ancient Ways Service is the exclusive property of Ancient Ways and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, icons, scripts, and service names included in or made available through any Ancient Ways Service are trademarks or trade dress of Ancient Ways in the U.S. and other countries. Ancient Ways's trademarks and trade dress may not be used in connection with any product or service that is not Ancient Ways's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ancient Ways. All other trademarks not owned by Ancient Ways that appear in any Ancient Ways Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ancient Ways.

PATENTS

One or more patents owned by Ancient Ways and its suppliers apply to the Ancient Ways Web site. Portions of the Ancient Ways Web site sells products under license of one or more patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use, Privacy Policy, and your payment of any applicable fees, Ancient Ways or its suppliers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Ancient Ways Products. This license does not include any resale or commercial use of any Ancient Ways Products & Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Ancient Ways Products or its contents; any downloading, copying, or other use of account information for the benefit of any third party. All rights not expressly granted to you in these Conditions of Use or Privacy Policy are reserved and retained by Ancient Ways or its licensors, suppliers, publishers, rightsholders, or other content providers. No Ancient Ways Product or Service, nor any part of any Ancient Ways, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AW2, LLC DBA Ancient Ways. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Ancient Ways without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ancient Ways's name or trademarks without the express written consent of Ancient Ways. You may not misuse the Ancient Ways Web site. You may use the Ancient Ways Web site only as permitted by law. The licenses granted by Ancient Ways terminate if you do not comply with these Conditions of Use or any Service Terms.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Ancient Ways reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Ancient Ways a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Ancient Ways and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Ancient Ways for all claims resulting from content you supply. Ancient Ways has the right but not the obligation to monitor and edit or remove any activity or content. Ancient Ways takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Ancient Ways respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact:

Ancient Ways

2420 University Avenue

Des Moines, Iowa 50311

e-mail: [email protected]

RISK OF LOSS

All purchases of physical items from Ancient Ways are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Ancient Ways does not take title to returned items until the item arrives at our physical location. At our discretion, a refund may be issued without requiring a return. In this situation, Ancient Ways does not take title to the refunded item. For more information about our returns and refunds, please see our Shipping and Returns Policy.

PRODUCT DESCRIPTIONS

Ancient Ways attempts to be as accurate as possible. However, Ancient Ways does not warrant that product descriptions or other content of any Ancient Ways web site is accurate, complete, reliable, current, or error-free. If a product offered by Ancient Ways itself is not as described, your sole remedy is to return it in unused condition.

PRICING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Ancient Ways and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Ancient Ways.

With respect to items sold by Ancient Ways, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Ancient Ways is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

SANCTIONS AND EXPORT POLICY

You may not use any Ancient Ways products if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Ancient Ways web site. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Ancient Ways Software), technology, and Web site.

OTHER BUSINESSES

Parties other than Ancient Ways operate stores, provide Web sites, or sell product lines through the Ancient Ways web site. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products offered by these businesses or individuals, you are purchasing directly from those third parties, not from Ancient Ways. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Ancient Ways does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE ANCIENT WAYS WEB SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ANCIENT WAYS WEB SITE ARE PROVIDED BY ANCIENT WAYS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ANCIENT WAYS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ANCIENT WAYS WEB SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER WEB SITE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ANCIENT WAYS WEB SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ANCIENT WAYS WEB SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, ANCIENT WAYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANCIENT WAYS DOES NOT WARRANT THAT THE ANCIENT WAYS WEB SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER WEB SITE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ANCIENT WAYS WEB SITE, ANCIENT WAYS'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ANCIENT WAYS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ANCIENT WAYS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ANCIENT WAYS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER WEB SITE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ANCIENT WAYS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Ancient Ways products, services or web site sold or distributed by Ancient Ways or through Ancientwaysdm.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), must follow the terms of these Conditions of Use and Privacy Policy as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Isaacson Law Firm, PLC 2700 Westown Pkwy Ste 230, West Des Moines, IA, 50266-1411. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Ancient Ways will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Ancient Ways Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Ancient Ways.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your use of Ancient Ways web site. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Ancient Ways

2420 University Avenue

Des Moines, Iowa 50311

https://www.Ancientwaysdm.com

 

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

Ancient Ways accepts service of subpoenas or other legal process only through our registered agent:

Isaacson Law Firm, PLC

2700 Westown Pkwy

Ste 230

West Des Moines, IA, 50266-1411

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Ancient Ways devices; and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint as outlined below. This may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to:

Ancient Ways

2420 University Avenue

Des Moines, Iowa 50311

e-mail: [email protected].

Written claims concerning copyright infringement must include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

YOUR ACCOUNT

You may need your own Ancient Ways account to use certain Ancient Ways Web site, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit https://www.Ancientwaysdm.com/cpe/managepaymentmethods?ref_=ya_d_c_pmt_mpo& to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Ancient Ways does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Ancient Ways Web site only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Ancient Ways Household. Alcohol listings on Ancient Ways are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Ancient Ways reserves the right to refuse service, terminate accounts, terminate your rights to use Ancient Ways Web site, remove or edit content, or cancel orders in its sole discretion.