TERMS OF SERVICE
TERMS OF SERVICE
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OVERVIEW
Welcome to our website. These Terms and Conditions (“Terms and Conditions”) set forth the terms and conditions that apply to your access and use of our website: http://www.consecratedshop.com (the “Site”) and other services (collectively, “the “Services”) provided by Consecrated. Please review the following terms carefully. If you do not agree to these terms, you may not access or use the Services.
The terms “Consecrated” or “us” or “we” or “our” refer to Consecrated LLC a Wisconsin limited liability company any the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services.
Section 1: Acceptance. By accessing the Site, using our Services, or purchasing goods through the Site, you agree to these Terms and Conditions. These Terms and Conditions are the only agreement between us and you and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Services, the content, products or services provided by or through the Services, and the subject matter of these Terms and Conditions. You must be at least the legal age of majority where you live (which is currently 18 in most states) to use our Services, or you must have the permission of your parent or guardian who must agree to these terms on your behalf.
Section 2: Modifications. These Terms and Conditions may be amended at any time by us without specific notice to you. The latest version will be posted on our website, and you should review these Terms and Conditions prior to using the Services, so you are aware of any changes. Your continued use of the Services following the posting of revised Terms and Conditions means that you accept and agree to the changes.
Section 3: Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Services are protected under applicable copyright, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Services, except as allowed by these Terms and Conditions below, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Services. The posting of information or material on the Services does not constitute a waiver of any right in such information and materials. Some of the content on the Services is the copyrighted work of third parties.
Section 4: Trademarks. Consecrated’s name, logo, and all related names, logos, products and service names, designs, and slogans are trademarks of Consecrated or its affiliates or licensors. You must not use such marks without the prior written permission of Consecrated. All other names, logos, and products are the trademarks of their respective owners.
Section 5: Limited License; Permitted Use. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site and Services strictly in accordance with these Terms and Conditions. All other rights are reserved.
Section 6: Restrictions and Prohibitions on Use. You are to use the Site and Services only for purposes that are legal, proper, and in accordance with these Terms and Conditions and any applicable law, rules or regulations. You may not:
Sell or resell any products purchased and/or samples that you purchased or otherwise received from us;
Use the Services in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party’s use and enjoyment of the Site or Services;
Attempt to gain unauthorized access to the Site, the Services, or the computer systems or networks connected to the Service through hacking, password mining or any other means;
Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, including to engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
Interfere or attempt to interfere with the proper working of the Service or any activities conducted by the Services, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site’s pages, or otherwise affect the display of the Site’s pages;
Impersonate another person or entity, or falsify or delate any author attribution, legal or other proper notices or propriety designations or labels of the origin or source of any materials;
Remove any copyright, trademark or other proprietary rights notices contained in or on the Site or Services;
Use any robot, spider, site search/retrieval application, or other device to receive or index any portion of the Services or collect information about its User for any unauthorized purpose;
Use the Site or Services for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal or state laws or regulations, or equivalent laws or regulations in foreign jurisdictions;
Share or disclose with anyone with anyone any information obtained through the Service about any investment offerings; or
Use the Services for any commercial purposes whatsoever other than for your personal use.
Section 7: Content, Errors, Corrections and Changes. We aim to maintain accuracy throughout the Services, but we do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable or appropriate for your use. We may make changes to the features, functionality or content of the Services at any time. We do not routinely screen or monitor the Services, but we reserve the right in our sole discretion to edit or delete any information or Content appearing on the Services, but we do not have the obligation to do so.
Section 8: Third-Party Content. The products, content, and services from third parties that appear throughout the Services are the products, content, and services of those third parties. Consecrated does not endorse, support, represent, or guarantee the accuracy, reliability, or quality of these products, content, or services. If you access any third party’s website, service, or content, you do so at your own risk and you agree that Consecrated has no liability arising from your use or access to such third party’s website, service, product, or content. Other third-party content may appear on the Services or may be accessible via links from the Services. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Services. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
Section 9: Unlawful Activity. We reserve the right to investigate complaints or reported violations of the Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such person or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Section 10: Indemnification. You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers or information and documents, attorneys, advertisers, products and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms and Conditions or use of the Services.
Section 11: Nontransferable. Your right to use the Site and Services is not transferable or assignable. Any passwords or right given to you to obtain information is not transferable or assignable.
Section 12: Linked Sites. The Site may contain links to other internet sites, applications and resources. Links found on the Site may let users leave the Site and go to sites operated by parties other than us. We do not endorse, and are not responsible or liable in any way for, any content, advertising, services or goods on or available from such sites, applications or resources. The linked sites are not under the control of use and we are not responsible for the contents of any linked site or any link contained in a linked site that is not owned and operated by use, or any changes or updates to such sites. Such links to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by us, or any of our affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between us, or any of our affiliates, and any linked third party or their content. We do not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their sites. Third parties’ sites are not subject to our Terms and Conditions and Privacy Policy. You should carefully review their privacy statements and other conditions of use.
Section 13: Disclaimer. You understand that the processing and transmission of communications relating to the use of the Site or the Services, including your data, may involve transmissions over various networks and changes to confidentiality and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that we will not be liable for the timeliness, deletion, misdelivery, or failure to store any data, information or content transmitted by you through the site. WE PROVIDE THE SITE AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTEIS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We make no representation or warranty that (i) the Site or the Services will meet your expectations or requirements, (ii) the Site or the Services will be uninterrupted, timely, accurate, secure, complete or error-free, (iii) any results or information that may be obtain from the use of the Site or the Services will be accurate, timely, complete or reliable and (iv) any errors in any software used on the Site or in connection with the Services will be corrected. Operation of the Site may be interfered with by numerous factors outside of our control including, but not limited to, telecommunications network disruptions. We are not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Services. While we have endeavored to create a secure and reliable Site, we are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. We and our affiliates shall not be liable damages as a result of any delay or other failure of performance due to causes beyond our reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, pandemic, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time for maintenance or other reasons.
Section 14: LIMITATION OF LIABILITY. IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR LICENSORS, TOGETHER WITH EACH OF OUR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTNCE IS LIMITED TO THE GREATER OF (A) THE AGGREATE OF THE FEES PAID BY YOU OR US FOR THE SERVICES DURING THE TWELEVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT MAY CLAIM ARISES, OR (B) $100.
Section 15: Use of Information. We reserve the right to, and you authorize us, to use and share, in any manner consistent with our Privacy Policy, all information regarding your use of the Site and Services. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential and will not be liable for the use of any ideas provided by you (including without limitation, product, service or advertising ideas). We will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to any Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Section 16: Enforceability. If any provision of these Terms and Conditions is found invalid or unenforceable pursuant to judicial decision, the remainder of these Terms and Conditions will remain valid and enforceable according to its terms.
Section 17: Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, and regulations regarding your use of the Site and Services provided therein.
Section 18: Content Information. If you have any questions or concerns about these Terms and Conditions, please email us at support@consecratedshop.com.
ARBITRATION, JURY WAIVER, AND CLASS ACTION WAIVER
Please Read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Consecrated and limits the manner in which you can seek relief from Consecrated.
Section 19: General. The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms and Conditions promptly by negotiation between individuals who have the authority to settle the controversy. If good faith negotiations do not lead to an amicable resolution within thirty (30) business days of commencing negotiations, any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, shall be determined by arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules. The tribunal will consist of one arbitrator. The arbitrations will take place in the city and country where Consecrated’s headquarters is located. If this location is not feasible, the arbitration shall occur in a location of Consecrated’s choosing. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Section 20: Waiver of Jury Trial. YOU AND CONSECRATED WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Consecrated are instead choosing to have claims and disputes resolved by arbitration. Arbitration proceedings are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Consecrated over whether to vacate or enforce an arbitration award, YOU AND CONSECRATED WAIVE ALL RIGHTS TO A JURY TRIALS, and elect instead to have the dispute be resolved by a judge.
Section 21: Waiver of Class or Consolidated Actions. YOU AND CONSECRATED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. If, however, this waiver of class or consolidated action is deemed invalid or unenforceable, neither you nor Consecrated is entitled to arbitration, and all claims and disputes will be resolved pursuant to Section 19
Section 22: Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt-out to the following address: 4081 N 88th Street, Milwaukee, Wisconsin 53222, postmarked within thirty (30) calendar days of first accepting these Terms and Conditions. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms and Conditions’ arbitration provisions.
Section 23: Exclusive Venue. If you send the opt-out notice in Section 22, and/or in any circumstance where the forgoing arbitration agreement permits either you or Consecrated to litigate any dispute arising out of or relating to the subject matter of this arbitration agreement or these Terms and Conditions in court, then the foregoing arbitration agreement will not apply to either party, and both you and Consecrated agree that any judicial proceeding will be brought in the state or federal courts located in Wisconsin.
This arbitration agreement will survive any termination of your relationship with Consecrated.
Section 24: Contact Information.
Questions about the Terms of Service should be sent to us at support@consecratedshop.com
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