Revised Date: February 17, 2021
AGREEMENT TO TERMS
The Website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Website.
OUR INTELLECTUAL PROPERTY
If you register with the Website, you agree to keep your login credentials (e.g., username, password) confidential and will be responsible for all use of your account and login credentials. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
We use reasonable efforts to display the colors, features, specifications and details of the products available on the Website as accurately as possible. However, we do not guarantee that the colors, features, specifications and details of the products will be accurate, complete, reliable, current or free of other errors, and your display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be available at any particular time. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the forms of payment indicated on the Website from time to time. You agree to provide current, complete and accurate purchase and account information for all purchases made via the Website. You further agree to provide up-to-date account and payment information so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments must be in US Dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All sales are final. No refunds will be issued.
You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be for any commercial purpose unless expressly permitted by us in writing.
In the course of your use of the Website, you agree not to:
· Make any unauthorized use of the Website, including collecting information (including usernames and/or email addresses) about users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
· Systematically retrieve data or other Content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.
· Delete the copyright or other proprietary rights notice from any Content.
· Interfere with, disrupt or create an undue burden on the Website or the networks or services connected to the Website.
· Use an agent to make purchases on the Website.
· Use the Website to advertise or offer to sell goods and services.
· Circumvent, disable or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
· Engage in unauthorized framing of or linking to the Website.
· Trick, defraud or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
· Make improper use of our support services or submit false reports of abuse or misconduct.
· Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools.
· Attempt to impersonate another user or person or use the username of another user.
· Sell or otherwise transfer your profile or any Content.
· Use any information obtained from the Website in order to harass, abuse or harm another person.
· Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
· Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
· Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website or any portion of the Website.
· Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Website to you.
· Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that might interfere with any party's uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Website.
· Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware"or "passive collection mechanisms" or "pcms").
· Except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
· Disparage, tarnish or otherwise harm, in our opinion, us and/or the Website.
· Use the Website in a manner inconsistent with any applicable laws or regulations.
· Share your CMEC login information with persons outside of your household.
· Share privately or publicly, either digitally or physically, CMEC documents, videos and materials
outside of your household.
· Your Contributions are not false, inaccurate or misleading in any way.
· The creation, distribution, transmission, public display or performance and the accessing, downloading or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party.
· Your Contributions do not violate any applicable law, regulation or rule.
· Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.
· Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous or otherwise objectionable or inappropriate (as determined by us in our sole discretion).
· Your Contributions do not ridicule, mock, disparage, intimidate or abuse anyone.
· Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
· Your Contributions do not violate the privacy or publicity rights of any third party.
· Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
· Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
· Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap.
By uploading Contributions, you agree to give us a non-exclusive, non-transferable and royalty-free license to use such Contributions in furtherance of the operation of the Website. For the avoidance of doubt and notwithstanding anything to the contrary contained herein, no one (other than the originating user) shall have the right to commercialize, sublicense or sell for value any other user's Contributions without the original user's express, written consent, except to the extent such Content is used by us in furtherance of the operation of the Website.
You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We do not assert any ownership over your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Website. You are solely responsible for your Contributions to the Website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Website or the Content ("Feedback") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of all Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to Feedback, and you hereby warrant that all Feedback is your original creation or that you have the right to submit such Feedback to us. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in or to your Feedback.
THIRD-PARTY WEBSITES AND MATERIALS
We control the Website from within the United States. We make no representation that the Website or Content are appropriate or available for use in other locations. The Content is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Users who access the Website from outside the United States do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable.
We reserve the right to change, modify or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Website. We also reserve the right to modify or discontinue all or part of the Content without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Website or the Content.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
SUPPLEMENTAL TERMS; CHANGES TO TERMS
ARBITRATION; WAIVER OF JURY TRIAL; WAIVER OF CLASS OR CONSOLIDATED ACTIONS
At our sole discretion, we may require you to submit any disputes arising from these Terms, the Website or the Content, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law and taking place in Philadelphia, Pennsylvania.
ARBITRATION PROCEDURES ARE TYPICALLY SUBJECT ONLY TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN US AND YOU IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
There may be information on the Website or in the Content that contains errors, inaccuracies or omissions, including descriptions, pricing, availability and other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Website at any time, without prior notice.
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTENT WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE CONTENT AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE, THE CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR CONTENT, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE WHEN INTERACTING WITH ANY THIRD PARTY. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR ANY PARTY INVOLVED IN CREATING, PRODUCING, SUPPORTING OR DISTRIBUTING THE WEBSITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE CONTENT OR YOUR PARTICIPATION IN ANY EVENT SPONSORED OR HOSTED BY US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL, AGGREGATE LIABILITY TO YOU WITH RESPECT TO ANY CLAIM, BASED UPON ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Website, sending us emails and completing online forms constitute electronic communications. By using the Website, you consent to receive electronic communications including, without limitation, email messages, text messages (i.e., SMS and/or MMS communications) and/or telephone calls, including to your wireless telephone number(s), from us in connection with your use of the Website, including text messages and/or telephone calls that are automatically dialed and/or include pre-recorded messages. By using the Website, you also agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE FOR ALL PURPOSES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If you have any comments or questions regarding the Website or to receive further information regarding use of the Website, please contact us at:
Charlotte Mason Educational Center of Pennsylvania
PO Box 354
Devon, PA 19333