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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
[email protected] 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 ([email protected]; 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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