Terms & Conditions

 

Welcome to thevolta.co (the “Site”). In order to be able to make the Site available to you, The Volta River, Inc. (“The Volta”) requires you to agree to and abide by the requirements set out below (“Terms”). By using the Site, you acknowledge that you have read, understand, and expressly agree to be legally bound by these Terms and agree to follow these Terms and all applicable laws and regulations governing our services.

ELIGIBILITY

  • You must be at least 18 years of age to use the Site (or have the permission and supervision of a responsible parent or legal guardian).

  • You are a resident of the United States or lawfully consent to U.S. jurisdiction for all purposes related to use of the Site as if a resident.

  • If you are using the Site on behalf of a business, then you must have authority, and your use of the Site is a warranty that you have the authority, to bind that business to these Terms.

  • You are responsible for ensuring that your use of the Site complies with all laws, rules and regulations applicable to you. These Terms are void and use of the Site is revoked where use is prohibited.

MODIFICATIONS

  • The Volta reserves the right, in its sole discretion, to change these Terms at any time by posting a notice on the Site. You are responsible for reviewing and becoming familiar with any such modifications. If you don’t agree with the new terms, please do not continue to use the Site. Continued use of the Site after the posting of new Terms constitutes an acknowledgement that you agree to such new Terms.

  • The Volta maintains other policies, guidelines, and requirements posted on the Site from time to time. We expect that you will, and you agree to, abide by any other requirements posted on the Site. Your use of the Site is subject to all of these policies, guidelines, and other requirements which are incorporated into these Terms.

YOUR ACTIVITIES ON THE VOLTA

You are solely responsible for your conduct and activities on and regarding the Site:

You agree and understand that:

  • You are solely responsible for your conduct on the Site, including for any data, text, information, graphics, profiles, audio, and video that you post, submit or display on the Site.

  • When posting images that we host on the Site to outside websites you must include a link back to the Site and the page on which that image or content appears, and otherwise comply with these Terms.

  • Should you choose to use the community features of the Site, such as commenting, social networking, etc., please be aware that any personal information (such as name, phone number, address, email address, etc.) that you elect to share will be shown to other users of The Volta. Therefore, do not post such information unless you intend it to be available to the public.

Your use of the Site shall not:

  • Infringe upon our designers’ rights. If you reproduce, sell, modify their designs, or post their designs to other sites without a link back to The Volta, you will be infringing upon the designer’s copyright and other rights.

  • Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.

  • Modify, adapt, disassemble or otherwise change or interfere with the use of The Volta.

  • Cause the upload, posting or display of any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

  • Result in the posting, submission or display of anything that is false, inaccurate, misleading, defamatory, libelous, threatening, harassing, obscene, profane, vulgar, offensive, or otherwise inappropriate, as determined by us.

  • Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).

  • Impersonate any other user or person or entity.

  • Link to the Site in a manner that would create an association between The Volta and another site, or indicate that The Volta approves, endorses or is otherwise related to another site.

  • Interfere with or disrupt use of the Site or violate the security, servers or networks of the Site.

  • Create liability for The Volta or cause The Volta to lose (in whole or in part) the services of our ISPs or other suppliers.

OUR RIGHTS/RESPONSIBILITIES

  • The Volta will use reasonable efforts to ensure that the Site is available twenty-four hours a day, seven days a week. However, the Site may not be continuously available due to maintenance, upgrades and emergency repairs to our software, hardware or infrastructure.

  • The Volta reserves the right to refuse service to anyone for any reason at any time.

  • The Volta may need to change or discontinue certain aspects of the Site. We may do so with or without notice to you.

  • Except as noted in the Copyright Policy, The Volta may, but has no obligation to, remove content ("content" includes, for example, items, and item descriptions) that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, these Terms, the Privacy Policy, or other policy documents and community guidelines as posted on the Site.

  • If we feel that it is within our best interest, we may cooperate with law enforcement, court, third party or government investigations if we are requested or directed to comply.

THIRD PARTY SERVICES

The Volta may enable you to use third party services, such as Twitter, Facebook, blogging sites, email platforms, etc. The Volta may also contain links to websites outside the Site. When you use these third party services or link to another website, you are no longer dealing directly with The Volta. Before using any of these features, you should review the terms of service and privacy policies of any such third party provider.

CHECKOUT/SHIPPING/RETURNS

  • The Volta uses a third party to process payments for purchases that you make on the Site. These third party agents have separate Terms and Conditions that you must agree to as part of the checkout process. We are not responsible for their Terms and Conditions or for the security and privacy of any credit card or other personal information that you submit through them.

  • We will ship orders in accordance with your requests at checkout. All orders will be subject to our Shipping Policy.

  • Returns and refunds are governed by our Return Policy.

PRICES; COLORS; AVAILABILITY

All prices listed on the Site are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed. The availability of products and other items on the Services may change at any time, without notice.

PRIVACY

The Volta takes your privacy seriously. Please review our Privacy Policy, which describes how we handle information about you. Remember, however, as stated above, we do not process your financial or payment information. You should refer to the Terms and Conditions of our provider for how they will handle your credit card and other important information.

ORDER ACCEPTANCE POLICY

Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order is not accepted until we send you shipping information for the order. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy will be one of the following: (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.

INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the content and the services as herein described, shall remain at all times the property of The Volta and/or their respective owners. All such content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site and the Services are protected by federal and state laws, common laws and regulations and international treaty provisions. You are permitted to use the content only as expressly authorized by The Volta and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

COPYRIGHT POLICY

The Volta has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/ dmca.pdf). The address of The Volta’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

It is The Volta’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our content providers, members or users; and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements:

If you believe that material or content residing on or accessible through The Volta’s website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

  2. Identification of works or materials being infringed;

  3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;

  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;

  5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and

  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Please contact The Volta’s Designated Agent to Receive Notification of Claimed Infringement at the following address: [The Volta River Inc. 1072 Bedford Ave, PMB 124, Brooklyn, NY 11216, ATTN: LEGAL].

MISCELLANEOUS

Disclaimer of Warranties – WE PROVIDE THE SITE “AS IS, AS AVAILABLE”, AND YOUR ACCESS OF THE SITE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE OR OUR SERVICES WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY PARTICULAR OUTCOME, OR THAT THE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. OUR SERVICES AND THE SITE ARE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY). TO THE FULLEST EXTENT ALLOWED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

Liability Limitation – WE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). OUR CUMULATIVE LIABILITY RELATING TO YOUR USE OF THE SITE (REGARDLESS OF ITS BASIS), SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS THAT YOU PAY IN CONNECTION WITH A PARTICULAR PURCHASE YOU MAKE FROM THE SITE AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Choice of Law – These Terms and any legal action against The Volta shall be governed in all respects by the laws of the State of New York and as those laws apply to agreements entered into and to be performed entirely within New York, without regard to conflict of law provisions.

Disputes – In the event a dispute arises between you and The Volta, please contact us at info@thevolta.co, and we will work quickly toward a solution. Any dispute arising from or relating to the subject matter of this Agreement shall be settled by binding arbitration in Kings County, New York, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS.

Disputes with Other Users – In the event that you have a dispute with one or more users, you release us, The Volta (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Statute of Limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action not covered by the section entitled "Disclaimer of Warranties" herein arising out of or related to use of the Site, products or services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Notice – You may contact us using the various methods listed on our Contact page. If we need to contact you, we will use any contact info you have provided to us.

No Agency – Neither you nor The Volta is the agent or partner of the other. No joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

Assignment – You may not assign, transfer, delegate or sub-license any of your rights under these Terms. We may assign, transfer, delegate or sublicense any of our rights under these Terms.

Severability – If any provision of these Terms is illegal, void or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary for the rest of the agreement to remain enforceable.

No Waiver – Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms to be binding, The Volta must provide you with written notice of such waiver, provided by one of our authorized representatives.

Entire Agreement – These Terms and any policies, guidelines, and requirements that we post on The Volta state the complete understanding between you and us. No modification of these Terms will be enforceable against The Volta unless in writing and signed by an authorized representative.

Headings – The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.