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Policies, Terms and Conditions

Welcome to ChosenEngravings.com, a website owned and operated by Chosen Engravings, LLC.

The following is an Agreement between you and Chosen Engravings, LLC ("Chosen Engravings") which governs the use of this website and any web page which is a part of this website and your purchase of any service or product through the use of this website.

1. ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT

Your use of this website, including visiting any page which is a part of this website, and your purchase of any service or product through the use of this website constitute your acceptance of the terms and conditions of this Agreement. You understand and acknowledge that your use of this website and your purchase of any service or product through the use of this website are conditioned on your prior acceptance of the terms of this Agreement. You agree to use this website solely in accordance and compliance with the terms of this Agreement.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE OR VISIT ANY PAGE WHICH IS A PART OF THIS WEBSITE OR PURCHASE ANY SERVICE OR PRODUCT THROUGH THE USE OF THIS WEBSITE. This agreement contains disclaimers and limitations of warranties and liabilities and provisions.

2. MODIFICATIONS OF THIS AGREEMENT

Chosen Engravings reserves the right, in its sole discretion, to modify and amend this Agreement in any manner at any time by posting a change notice or new agreement on Chosen Engravings. Your continued use of this website and the purchase of any service or product through the use of this website constitute your prior acceptance of the terms of such change notice or new agreement.

3. ADDITIONAL TERMS

Certain features, functions, and sections of this website and the purchase of services and products through the use of this website may be subject to additional posted terms and conditions governing the use of such features, functions and sections and the purchase of such services and products. Such additional posted terms and conditions are expressly incorporated into and made a part of this Agreement. In addition, Chosen Engravings may establish guidelines, codes of conduct, and policies governing the use of this website and all such posted guidelines, codes of conduct, and policies are expressly incorporated into and made a part of this Agreement.

 4. PROPER USAGE

YOU AGREE TO USE THIS WEBSITE, AND TO PURCHASE SERVICES AND PRODUCTS THROUGH THE USE OF THIS WEBSITE, ONLY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE UNLESS YOU ARE IN AN EXPRESS BUSINESS RELATIONSHIP WITH CHOSEN ENGRAVINGS. YOU AGREE NOT TO USE THIS WEBSITE (A) IN ANY UNLAWFUL MANNER OR IN ANY MANNER THAT CREATES CIVIL OR CRIMINAL LIABILITY ON THE PART OF CHOSEN ENGRAVINGS OR IS OTHERWISE HARMFUL TO CHOSEN ENGRAVINGS; (B) IN ANY MANNER THAT COULD DAMAGE, DISABLE, OVERBURDEN, IMPAIR, IMPEDE, DISRUPT, OR ALTER THIS WEBSITE; AND (C) IN ANY MANNER THAT WOULD INTERFERE, IMPAIR, IMPEDE, OR DISRUPT THE USE OF THIS WEBSITE BY ANY THIRD PARTY.

YOU AGREE NOT TO POST ON OR TRANSMIT THROUGH THIS WEBSITE ANY MATERIAL THAT IS UNLAWFUL; LIBELOUS; CONSTITUTES AN INVASION OF PRIVACY; HARMFUL; THREATENING; ABUSIVE; HARASSING; DEFAMATORY; VULGAR; OBSCENE; SEXUALLY EXPLICIT; PROFANE; HATEFUL; RACIALLY, ETHNICALLY, OR OTHERWISE OBJECTIONABLE IN ANY MANNER; CONSTITUTES A BREACH OF YOUR CONTRACTUAL AND/OR FIDUCIARY OBLIGATIONS; INFRINGES ON ANY THIRD PARTY PATENT, TRADEMARK, TRADE NAME, CORPORATE NAME, TRADE SECRET, COPYRIGHT OR OTHER PROPRIETARY OR PROPERTY RIGHTS; OR, CONTAINS VIRUSES, TROJAN HORSES, WORMS OR OTHER CODE, SCRIPTS, ROUTINES, FILES OR PROGRAMS DESIGNED TO ALTER, INTERRUPT, IMPEDE, LIMIT OR DESTROY THE PERFORMANCE AND/OR FUNCTIONING OF ANY SOFTWARE, HARDWARE, OR OTHER EQUIPMENT.

Chosen Engravings reserves the right in its sole discretion to prohibit any conduct, communications, content, or use of this website, and to remove any content or communications, which in its sole discretion it finds objectionable or unacceptable in any manner.

 

5. INTELLECTUAL PROPERTY RIGHTS

The copyright in this website, the content of this website, and software utilized in this website are owned by Chosen Engravings and its suppliers and licensors. All rights in and to such copyrights are reserved to their respective owners. No license or permission is given to you to use such copyrighted material in any manner.

You may not remove, modify, or alter in any manner any notice regarding copyright, trademark, proprietary rights, warranty information, disclaimers, or warnings which are included in or on this website or any service or product offered for use or sale through this website.

The use of this website, the content of this website, the software utilized by this website, and any service or product offered for sale through this website, except as expressly permitted, is strictly prohibited and shall constitute an infringement on the intellectual property rights and other rights of Chosen Engravings and its licensors or suppliers and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.

Chosen Engravings, the Chosen Engravings logo are trademarks or registered trademarks owned by Chosen Engravings or its affiliated companies. Other trademarks, registered trademarks, trade names, product names, corporate names, graphics and logos used on this website are owned by their respective owners. All rights in and to such trademarks, registered trademarks, trade names, product names, corporate names, graphics and logos are reserved to their respective owners. No license or permission is given to you to use such trademarks, registered trademarks, trade names, product names, corporate names, graphics or logos in any manner.

6. CONTENT SUBMITTED BY YOU

You agree that all content submitted by you for, use or distribution on this website shall be in accordance with and in compliance with the proper usage requirements contained in Section 4 of this agreement.

By submitting content to Chosen Engravings for inclusion, use or distribution on this website, you warrant, represent, and agree that (a) you have the authority to grant the rights to such content which are being granted hereunder; (b) you own and/or control all rights in and to such content; and (c) such content is in compliance with the Proper Use requirements contained in Section 4 of this Agreement.

YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY CLAIMS, COSTS, AND DAMAGES ARISING FROM ANY INFRINGEMENT OF COPYRIGHT, TRADEMARK, PATENT OR OTHER PROPRIETARY RIGHTS AND ANY OTHER CLAIMS, COSTS, AND DAMAGES ARISING FROM CHOSEN ENGRAVING'S INCLUSION, USE OR DISTRIBUTION OF ALL CONTENT SUBMITTED BY YOU. Chosen Engravings neither assumes, has, or will have any responsibility or liability for any claims, costs, and damages arising from any infringement of copyright, trademark, patent or other proprietary rights or any other claims, costs, and damages arising from Chosen Engraving's inclusion, use or distribution of all content submitted by you.

You hereby grant to Chosen Engravings, and its affiliated, subsidiary and related companies, a royalty-free, perpetual, irrevocable, unlimited, worldwide right and license to use, reproduce, publish, translate, sublicense, copy, and distribute all such content submitted by you, in whole or in part, and/or to incorporate such content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content.

 

7. CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

Chosen Engravings recognizes and respects the importance of intellectual property rights and endeavors to take all steps to protect the intellectual property rights of others. If you believe that this website, the content of this website, software utilized on this website, or any service or product available for use or sale through this website constitutes an infringement of your copyright, trademark, patent or other proprietary or contractual rights, please advise Chosen Engravings immediately by sending written notice specifying all elements of your claim of infringement to:

Chosen Engravings, LLC  Attn: Manager, P.O. Box 6, Bonsall, CA 92003

 

8. DISCLAIMER OF WARRANTY; DISCLAIMER OF CONSEQUENTIAL DAMAGES; INDEMNIFICATION; AND LIMITATIONS ON CHOSEN ENGRAVINGS’ LIABILITY

This website, the content of this website, the software utilized by this website, and any service or product offered for sale through this website are provided on an "as is" basis and Chosen Engravings makes no warranties of any kind, express or implied, regarding this website, the content of this website, the software utilized by this website, and any service or product offered for sale through this website.

Chosen Engravings hereby disclaims all warranties, expressed or implied, including, without limitation, any warranty of non-infringement, title, merchantability or of fitness for a particular purpose, and all other obligations or liabilities on Chosen Engravings’ part relating to this website, the content of this website, the software utilized by this website, and any service or product offered for sale through this website, and Chosen Engravings neither assumes nor authorizes any other person to assume for Chosen Engravings any other liabilities or obligations.

Chosen Engravings makes no warranty or representation, and hereby disclaims all warranties, expressed or implied, as to the truth, accuracy, completeness, reliability, or currency of any information contained on this website, in the content of this website, or in or on any service or product offered for sale through this website.

Chosen Engravings makes no warranty or representation, and hereby disclaims all warranties, expressed or implied, that the operation of this website will be uninterrupted or error free or that this website is free of viruses, trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment.

Chosen Engravings shall not be liable under any circumstances for any incidental or consequential damages or expense of any kind, including, without limitation, loss of profits or damage to ancillary or attached equipment or components thereof or for loss or non-recoverability of any data or stored information.

Chosen Engravings shall have no liability to any third party arising from your use of this website, the content of this website, the software utilized by this website, and any service or product offered for sale through this website.

Some states do not allow for exclusion of and/or limitations on how long an implied warranty lasts or the exclusion of incidental or consequential damages so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

YOU AGREE TO, AND HEREBY DO, INDEMNIFY AND HOLD CHOSEN ENGRAVINGS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES, TO ANY THIRD PARTY ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS WEBSITE, THE CONTENT OF THIS WEBSITE, THE SOFTWARE UTILIZED BY THIS WEBSITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THIS WEBSITE.

YOU AGREE TO, AND HEREBY DO, INDEMNIFY AND HOLD CHOSEN ENGRAVINGS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES, ARISING FROM YOUR BREACH OF OR DEFAULT UNDER THE WITHIN AGREEMENT.

 

9. APPLICABLE LAW, JURISDICTION AND VENUE

This website is created, controlled, owned and operated by Chosen Engravings in the State of California. The laws of the State of California shall govern and control this Agreement, the performance of each party under this Agreement, your use of this website, and your purchase of services and products through your use of this website. You and Chosen Engravings each hereby consent to the exclusive personal jurisdiction and subject matter jurisdiction of any of the courts in the County of San Diego, California whether federal or state, for any purpose or matter pertaining directly or indirectly to this Agreement, any purpose or matter arising from or in connection with the performance of this Agreement, any purpose or manner arising from or in connection with your use of this website, and any purpose or manner arising from or in connection with your purchase of services and products through your use of this website. You and Chosen Engravings each agree that any action or proceeding commenced for any purpose or matter pertaining directly or indirectly to this Agreement, any purpose or matter arising from or in connection with the performance of this Agreement, any purpose or manner arising from or in connection with your use of this website, and any purpose or manner arising from or in connection with your purchase of services and products through your use of this website shall be commenced and maintained only in a court in the County of San Diego, California.

 

10. THIRD PARTY CONTENT, LINKS, SERVICES AND PRODUCTS

You understand and acknowledge that this website and certain content available via the use of this website may include materials from third parties, including users, and that Chosen Engravings may provide links to certain third party websites. You acknowledge and agree that Chosen Engravings is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Chosen Engravings does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or programs of third parties. Links to other websites are provided solely as a convenience to you.

Certain services and products available for purchase and use through the use of this website are subject to separate license, terms of use and other agreements. You agree that your use or purchase of such services and products shall be and is subject to the terms and conditions of such license, terms of use or other agreement and that you shall comply with the terms and conditions of such license, terms of use, or other agreement.

11. COMPLIANCE WITH U.S. EXPORT LAWS

You agree to comply with the provisions of all applicable U.S. Customs and other laws relating to the export and re-export of certain technology and other information and materials and not to sell, export, distribute, or transfer in any manner, electronically or otherwise, any products purchased through the use of this website or any content or other materials contained on this website or employed by this website.

12. PRICING

The "Retail Price" listed for services and products offered for sale through the use of this website represents the full retail price listed on the product, the retail price suggested by Chosen Engravings' suppliers, vendors, or licensors, or the retail price as estimated in accordance with standard practice. Such "Retail Price" is a comparative estimate only and may not represent the prevailing retail price in every geographical location at a particular moment.

The purchase price for services and products offered for sale through the use of this website may increase or decrease between the time an item is placed in your shopping cart and the time the purchase of such item is actually made by completion of the check-out process. You will be responsible for the payment of the purchase price in effect at the time the purchase of an item is actually made by completion of the check-out process.

The purchase price for services and products offered for sale through the use of this website may be incorrectly stated on the website. In the event the purchase price for an item is incorrectly stated, Chosen Engravings may, in its sole discretion, (i) contact you for instructions before shipping the item and charging you for such item; (ii) cancel the order and notify you of the cancellation; or (iii) ship the item to you at the lower of the incorrectly stated price or the actual purchase price.

This Pricing Policy only applies to services and products sold and shipped directly by Chosen Engravings. Services and products sold by third parties through the use of this website are subject to the pricing policies of such third parties.

13. DESCRIPTIONS OF SERVICES AND PRODUCTS

The services and products offered for sale through the use of this website contain descriptions that are provided by Chosen Engraving's suppliers, vendors, and licensors. Chosen Engravings does not warrant or represent that such descriptions are complete and accurate.

IF A SERVICE OR PRODUCT PURCHASED BY YOU THROUGH THE USE OF THIS WEBSITE IS NOT AS DESCRIBED ON THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT USE SUCH SERVICE OR PRODUCT AND TO RETURN ANY SUCH UNUSED PRODUCT IN RETURN FOR A REFUND TO YOU OF THE PURCHASE PRICE.

14. RISK OF LOSS

The risk of loss for and title to all products purchased by you through the use of this website passes to you upon our delivery to the carrier.

15. AGE OF USER

If you are under the age of eighteen (18) years, you may use this website and purchase services and products through the use of this website only with the involvement and under the supervision of a parent or legal guardian.

16. TERMINATION OF USAGE

Chosen Engravings shall have the right at any time, with or without cause, and with or without notice to you to (a) cancel any order; (b) terminate or suspend your right to use or access this website; or (c) terminate or suspend your right to purchase any service or product through the use of this website.

17. YOUR ACCOUNT

In order to purchase products or services through the use of this website, you must establish an account with Chosen Engravings. You are solely responsible for (a) maintaining the security and confidentiality of your account and your account password; (b) restricting access to your computer and your account; and (c) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of services and products through the use of this website that occur under your account or your account password.

You acknowledge and agree that Chosen Engravings may access, preserve, and disclose your account information, all content submitted by you, all communications to and from you, all information relating to your use of this website, and all information relating to the use of this website under your account or account password if Chosen Engravings is required to do so by law or legal process or if Chosen Engravings determines, in its sole discretion, that such action is necessary to protect the rights of Chosen Engravings, third parties, and other users of this website or for purposes of responding to your request for customer service.

18. ELECTRONIC COMMUNICATIONS

You consent to receive electronic communications from Chosen Engravings either in the form of email sent to you at the email address listed on your account or by communications posted on this website. You acknowledge and agree that any electronic communication in the form of such email or posting on this website shall satisfy any legal requirement that such communication be in writing.

19. NOTICES

All notices to you will be sent by email to the email address listed on your account or by first class mail, postage prepaid, to you at the mailing address listed on your account. All notices to Chosen Engravings shall be sent by email to contact@ChosenEngravings.com or by first class mail, postage prepaid, to:

Chosen Engravings, LLC  Attn: Manager, P.O. Box 500075, San Diego, CA 92150

20. MISCELLANEOUS PROVISIONS

All terms, covenants, and conditions contained herein are severable and in the event any of them shall be held to be invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid term, covenant, or condition were not contained herein.

Headings used in this Agreement are for convenience only and shall not affect the interpretation or construction of this Agreement.

Any failure by Chosen Engravings to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of Chosen Engravings to enforce the provision at any subsequent time.

The remedies reserved in this Agreement shall be cumulative and in addition to any other remedies provided in law or equity.

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REFUNDS ARE PROVIDED ONLY FOR DEFECTIVE PRODUCTS.  REFUNDS REQUIRE A MRA#.  CHOSEN ENGRAVINGS MUST BE NOTIFIED BY EMAIL (contact@chosenengravings.com; subject: "REFUND") WITHIN 10 DAYS OF POST MARKED MERCHANDISE IN ORDER TO RECEIVE  A MRA#.  CHOSEN ENGRAVINGS IS NOT RESPONSIBLE FOR MAILING COSTS OF RETURNED MERCHANDISE.

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