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Choir and Clergy operates a service which allows you to buy high quality graduation products, apparel and accessories using our website located at www.choirandclergy.com (“Website”). The Website is owned and operated by RB International LLC (“we” or “us”).
This document and any document that is referred to herein (collectively, the "Terms of Service of Use") set out the terms of your use of our Website. By accessing or using our Website, you agree to enter into the Terms of Service of Use with us and agree to all of the terms, conditions and notices contained or referenced herein. If you do not agree to these Terms and Conditions of Use please do not use this Website. We reserve the right to amend and modify the Terms of Service of Use from time to time without prior notice to you. Your continued use of the Website is your consent to such such amendments and modifications. Please ensure that you read the Terms and Conditions of Use carefully prior to your use of our Website.
Purchases
If you wish to purchase any product made available through the Website, you may be asked to supply certain relevant information including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information (please refer to the Choir and Clergy Privacy Policy)
You represent and warrant that:
- You have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that
- The information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. Furthermore, we reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Available Stock, Errors and Inaccuracies
Product offerings are constantly being updated on our Website. The products or services available on our Website may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on our Website and in our promotions and advertising on other third party websites.
We do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update at any given time without prior notice to you.
Proprietary Rights
You acknowledge and agree that our Website and all content and materials available on our Website are protected by copyrights, trademarks, service marks, patents, trade secrets, our goodwill and other proprietary rights and laws. Except as expressly authorized by us through written permission, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
Permission is granted only when certain limited criteria are met. E-mail hello@choirandclergy.com for information and to request such permission.
Accounts
When you create an account on our Website, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Service of Use, which may result in immediate termination of your account on our Website and other lgal remedies available to us by law.
You are responsible for safeguarding the password that you use to access our Website and for any activities or actions under your password, whether your password is with our Website or a third party service.
Content
We allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to our website, including its legality, reliability, and appropriateness. You represent and warrant that you have the legal authority to post, link, store, share and othereise make available Content and that it does not infringe the proprietary or legal rights of any third party and it is not material that is illegal, defamatory, malicious or sexual in nature. We reserve the right to remove any Content from our Website at any time without prior notice to you.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms of Service of Use.
Third Party Sites and links
We maintain and actively collects links that will send you to other sites on the Internet. Our Website has no control over such sites and resources, and therefore you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such third party sites. The inclusion of such a link does not imply endorsement of the site by us or any association with its operators.
Dealings with advertisers
Your business dealings or correspondence with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our Website.
Disclaimer of warranties
You expressly understand and agree that:
- Your use of our Website is solely at your own risk.
- All products, software, information and services (the “Materials”) are provided “as is” and “as available” for your use
- The Materials are provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement
- No advice, information, or communication whether written of oral, obtained by you from Graduationworld.com shall create any warranty not expressly stated in the terms and conditions of use.
- Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Limitation of Liability
Under no circumstances shall we or our affiliates, or our licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the Service. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Graduationworld.com’s liability in such jurisdictions shall be limited to the extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold harmless us and our directors, officers, employees, affiliates, affiliated companies, co-branders, other partners, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your breach of your representations and warranties contained in this Terms of Service of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
International use
We make no representation that materials on our 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. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Choice of Law and Forum
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service Use or your use of this site shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to this site. If any part of these Terms of Service of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Note: This Terms of Service of Use was last modified on 6/28/16