Terms and Conditions

The following text outlines the terms and conditions of use of the Andrew.Industries’ social marketing website (Andrew.Social) and its services. Before using any of the Andrew.Industries (“Andrew.Industries”, “Andrew.Social” “us”, “our” or “we”) services, you are required to read, understand, and agree to these terms and conditions. The “summary” at the bottom of each section provides a short explanation of the terms of use and is not legally binding.

Last Updated: January 28, 2019

Introduction

Welcome to Andrew.Social. Andrew.Social, run by Andrew.Industries, is a social media marketing agency focused on spreading awesome marketing to small businesses and brands. These terms and conditions shall govern your use of Andrew.Social. By using Andrew.Social, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use Andrew.Social.

Andrew.Social uses cookies; by using Andrew.Social or agreeing to these terms and conditions, you consent to our use of cookies.

At the end of the day, by using Andrew.Social you agree to all of the terms listed above and below.

License to Use Website

You may:

(a)     view pages from Andrew.Social in a web browser;

(b)     download pages from Andrew.Social for caching in a web browser;

(c)     print pages from Andrew.Social;

(d)     stream audio and video files from Andrew.Social; and

(e)     use Andrew.Social services by means of a web browser, subject to the other provisions of these terms and conditions.

Except as for other provisions of these terms and conditions, you must not download any material from Andrew.Social or save any such material to your computer. You may only use Andrew.Social for your own personal purposes, and you must not use Andrew.Social for any other purposes. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on Andrew.Social.

Unless you own or control the relevant rights in the material, you must not:

(a)     republish material from Andrew.Social (including republication on another website, unless given permission for editorial purposes);

(b)     sell, rent or sub-license material from Andrew.Social;

(c)     show any material from Andrew.Social in public;

(d)     exploit material from Andrew.Social for a commercial purpose; or

(e)     redistribute material from Andrew.Social.

Notwithstanding, you may redistribute our newsletter in print and electronic form to any person.

Andrew.Industries reserves the right to restrict access to areas of Andrew.Social, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on Andrew.Social.

At the end of the day, you can print our webpage and share it with all your friends, but you cannot sell our content to make money.

Acceptable Use

You must not:

(a)     use Andrew.Social in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)     use Andrew.Social in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)     use Andrew.Social to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Andrew.Social without our express written consent;

(e)     access or otherwise interact with Andrew.Social using any robot, spider or other automated means;

(f)      violate the directives set out in the robots.txt file for Andrew.Social; or

(g)     use data collected from Andrew.Social for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing). 

You must not use data collected from Andrew.Social to contact individuals, companies or other persons or entities. You must ensure that all the information you supply to us through retiellc.com, or in relation to Andrew.Social, is true, accurate, current, complete and non-misleading.

At the end of the day, you cannot use our site to hack other people, do anything illegal, send spam, or any other illicit actions. Just be respectful, chat about creative marketing, and everything will be great.

No Warranties

Andrew.Industries provides our products "as is" and without any warranty or condition, express or implied. We specifically disclaim the implied warranties of title, merchantability, and fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

More specifically, Andrew.Industries does not warrant or represent:

(a)     the completeness or accuracy of the information published on Andrew.Social;

(b)     that the material on the website is up to date;

(c)     that the website or any service on the website will remain available; or

(d)     that anything shipped by Andrew.Industries will arrive on the date projected.

Andrew.Industries reserves the right to discontinue or alter any or all of Andrew.Social services, and to stop publishing Andrew.Social, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if Andrew.Industries stop publishing the website.

To the maximum extent permitted by applicable law, Andrew.Industries excludes all representations and warranties relating to the subject matter of these terms and conditions, Andrew.Social and the use of Andrew.Social.

At the end of the day, our products do not come with a warranty. They're digital and shouldn't be need one, but contact our wonderful customer service team with any needs and they will set things right.

Limitations and Exclusions of Liability

You understand and agree that, to the maximum amount permitted by law, the entire risk result from your access to and use of our site, products, services and site content remains with you, the user.

In no event will Andrew.Industries’ collective liability result from or in connection with these terms or from the use of or inability to use our site, products, services or site content exceed one hundred dollars ($100). The limitations of damages set forth above are essential features of the agreement between Andrew.Industries and you, the user. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Nothing in these terms and conditions will:

(a)     limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)     limit any liabilities in any way that is not permitted under applicable law; or

(d)     exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that Andrew.Social and the information and services on Andrew.Social are provided free of charge, Andrew.Industries will not be liable for any loss or damage of any nature.

Andrew.Industries will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control. The Andrew.Industries will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. Andrew.Industries will not be liable to you in respect of any loss or corruption of any data, database or software. The Andrew.Industries will not be liable to you in respect of any special, indirect or consequential loss or damage. Some of our items may contain edible goods and small contents. Please ensure our items are used responsibly by keeping them out of reach of small children. Andrew.Industries is not responsible for any illness or death that occurs from consuming the edible goods or illness or death that occurs from small children placing the small contents of our items in their mouths.

You accept that Andrew.Industries has an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that Andrew.Industries is a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

At the end of the day, we are not liable if something wrong unfortunately occurs, but we may pay you $100 if one of our podcasts turns into a ninja and breaks your grandmother’s antique vase. Also, please keep any of our products away from small children, they contain small articles that could be chocked on.

Breaches of These Terms and Conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if Andrew.Industries reasonably suspects that you have breached these terms and conditions in any way, Andrew.Industries:

(a)     send you one or more formal warnings;

(b)     temporarily suspend your access to Andrew.Social;

(c)     permanently prohibit you from accessing Andrew.Social;

(d)     block computers using your IP address from accessing Andrew.Social;

(e)     contact any or all your internet service providers and request that they block your access to Andrew.Social;

(f)      commence legal action against you, whether for breach of contract or otherwise; and/or

(g)     suspend or delete your account on Andrew.Social.

Where Andrew.Industries suspends or prohibits or blocks your access to Andrew.Social or a part of Andrew.Social, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

At the end of the day, don’t do anything to breach these terms or we may need to block you from our site. Just be chill and tell us about your creative marketing.

Variation

Andrew.Industries may revise these terms and conditions from time to time.

The revised terms and conditions shall apply to the use of Andrew.Social and all purchases/content from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. Andrew.Industries will give you notice of any revision of these terms and conditions through either email notification if you are a newsletter subscriber or a post on the Andrew.Social site, and the revised terms and conditions will apply to the use of Andrew.Social from the date that Andrew.Industries posts and/or changes the “last updated” section at the beginning of these terms and conditions; if you do not agree to the revised terms and conditions, you must stop using Andrew.Social and our products and services.

If you have given your express agreement to these terms and conditions, Andrew.Industries will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as Andrew.Industries may specify, Andrew.Industries will disable or delete your account on the website, and you must stop using the website.

At the end of the day, we may update our terms and conditions from time to time, but we will let you know through our super-cool chatbot notifications or a blurb on our website.

Assignment

You hereby agree that Andrew.Industries may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third Party Rights

These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

At the end of the day, we do not share your information with third parties except for Squarespace, Wave, and our chatbot site because we use their services to host our site, handle payments, and run our stunningly beautiful chatbot notifications.

Entire Agreement

These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and Andrew.Industries in relation to your use of Andrew.Social, our products, and services and shall supersede all previous agreements between you and Creativity Killed the Andrew.Industries in relation to your use of Andrew.Social, our products, and services.

Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the state of Ohio law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the state of Ohio.

Statutory, Regulatory, Product Disclosures

Andrew.Industries does not own any of the copyrights or trademarks associated with the third-party manufacturers/brands that we include in our boxes. Andrew.Industries is not an official dealer or reseller for any manufacturers/brands. We do not misuse any logos or restricted material when selling our products. The images used are either taken by Andrew.Industries or used with permission from a third-party entity. The products seen in our images are owned and/or managed by Andrew.Industries.

At the end of the day, this just shows that we own our merchandise and don't have any ownership over third party content.

Our Details

This website is owned and operated by Andrew.Industries. You can contact us at Andrew.Social or on any social media at @andrewchwalik.

At the end of the day, please contact us with any questions and we will be happy to answer them! Make sure to sign up for our (soon-to-be) award-winning chatbot notifications!