10. LIMITATION OF LIABILITY
12. REPRESENTATIONS AND WARRANTIES
13. BREACH, REVOCATION AND CANCELLATION
15. GOVERNING LAW
16. EXCLUSIVE VENUE
17. DISPUTE RELATED FEES AND COSTS
18. OTHER DISCLAIMERS
1.2. “Licensed Materials” means our intellectual property, including but not limited to, our logos, trade names, service marks, trademarks, and trade dress.
1.3. “Profile” means the customer information, including but not limited to your legal name, address, telephone, fax, email.
1.4. “Product” means each and every product we offer.
1.5. “Website” means Conscientization101.com, the Conscientization 101 Store, and all other Uniform Resource Identifier we use to provide our Products.
1.6. “System” means all of our software and hardware, whether owned or leased or otherwise contracted.
1.7. “We,” “us,” and “our” means Conscientization101, LLC a Texas limited liability company.
1.8. “You,” “your,” and “yourself” means any person, organization or business entity that seeks to use our Website and purchase our Products, as well as their agents, assigns, and successors.
2. GENERAL PROVISIONS
2.1. Please direct any questions not answered by reading this Agreement to us at firstname.lastname@example.org.
2.2. You may not access or purchase products from the Website if you are under eighteen (18)years of age or otherwise not competent to enter into a binding contract.
2.3. Before you may use our Website and/or purchase products, you must:
2.3.1. read and agree to comply with this Agreement and
2.3.2. understand and accept that this Agreement:
18.104.22.168. takes effect the moment you access the Website;
22.214.171.124. may only be amended or modified by us, unless we agree otherwise in writing with you;
126.96.36.199. may be amended or modified by us at any time and all such changes shall take full effect as soon as they are posted on the Website and your continued use of our Website shall be irrefutable proof of your consent to the terms and conditions of the most current version of this Agreement;
188.8.131.52. is the entire and only agreement between you and us;
184.108.40.206. contain all terms and conditions of your relationship with us and your use of our Website; and
220.127.116.11. shall only terminate under the conditions provided for herein.
2.4. This Agreement shall in no way create an agency, employee-employer, franchise or franchisee, joint enterprise, joint venture, or partnership relationship between you and us.
2.5. Our failure to require your performance of any provision of this Agreement shall not affect our right to require subsequent performance at any time of the same provision.
2.6. We have absolute discretion to determine if any use of our Website violates these rules, and to act as we deem appropriate in the event of any violation.
2.7. Should we determine, in our sole discretion, that you have violated any provisions of this Agreement or applicable laws, we may, with subsequent notice to you:
2.7.1. use your personal information to collect all pending and applicable fees and other amounts due;
2.7.2. charge you for all administrative costs in connection with any violation by you of any provision of this Agreement; and
2.7.3. bring legal action to enjoin violations and/or to collect all damages caused by your violations of this Agreement.
2.8. Unless otherwise provided herein, you agree that:
2.8.1. all notices from us to you shall be sent to the most recent email address on file with us and will be deemed immediately delivered even if you have allowed your email address on file to no longer be valid and
2.8.2. all notices from you to us shall be:
18.104.22.168. sent to email@example.com and deemed immediately delivered.
3.1 We value our users/customers and their privacy. All personal information is used to ensure efficient processing of your order(s). This information is used by our staff for contacting and identifying customers and their needs. We will not give, sell, rent, or loan any personally identifiable information to any third party, unless we are legally required to do so or you authorize us to do so.
3.2 Information Collection & Use:
- When completing an order, customers are required to provide contact information (like their name and email address). The customers’ contact information is used to contact the customer in the event of a problem when making a purchase in the store. For example, problems with credit card verification, troubleshooting, etc. Financial information that is collected is used to bill the user for their product purchase(s). Users have a choice of receiving future mailings during the check out process.
- Conscientization101.com uses a contact form for users to contact the editors. We collect users' contact information (like their email address) to get in touch with the user when necessary; i.e, in the event there is a problem with their account, to add to our mailing list to receive our newsletter, corporate changes, or changes in privacy practices.
3.3 Security: This Website takes every precaution to protect our users' information. When users submit sensitive information via the Website, your information is protected both online and off-line. When our registration/contact form asks users to enter sensitive information (such as credit card number), that information is encrypted and protected.
If you have any questions about the security at our web site, please send an e-mail to firstname.lastname@example.org.
4.1. You are responsible for making timely payment of all amounts due upon completing your transaction(s).
4.2. Your obligation to make due payments shall survive termination of this Agreement.
4.3. We accept the following credit cards: American Express, Visa, MasterCard, Discover, JCB, and Diners Club cards. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order.
4.4. We also accept PayPal, Apple Pay, and Amazon Payments.
5.1. Our Store shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes.
5.2 International customers are solely responsible for any additional taxes, levies, duties, fees, tariffs and/or any other expenses related to importing the product(s) you order. Please check with your country's customs office regarding the import of the products you intend to order. As the buyer, you are responsible for any import restrictions, prohibited import items, taxes, tariffs, fees and other duties. You are responsible for complying with international, national, or local laws regulating the importation of products. If an order is refused delivery by customs due to unauthorized contents, CONSCIENTIZATION 101 STORE is not responsible for any losses or cost incurred by you, the customer. If the shipment is abandoned or discarded by customs, you will not receive a refund or credit of any kind. By ordering, you agree to these terms.
6. RETURNS & EXCHANGES
6.1. For merchandise, WE DO NOT MAKE REFUNDS. WE DO ACCEPT EXCHANGES AS LONG AS THE BELOW CRITERIA ARE MET.
6.1.1. The exchange is initiated within 15 days of purchase.
6.1.2. No exchanges will be made on items that are damaged due to your error.
6.1.3. Exchanges will be granted only if items are defective or damaged.
6.2. You are responsible for paying your own shipping cost for returning your item. Shipping costs are non-refundable. Exchanges for international customers are not offered at this time due to the costs of shipping internationally, so be sure to order correct sizes for your item. Our store has a size chart for your reference.
If you're shipping an item over $75.00 you should consider using a track-able shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item.
6.3. There are NO REFUNDS OR EXCHANGES for digital downloads. However, if you have problems with a digital download you purchase, such as a wrong or faulty download, email us at email@example.com and we will send you a secure email with the file you purchased.
7. SHIPPING POLICY
7.1. Shipping charges are non-refundable. Customer is responsible for all freight charges for refused and/or returned shipments and this will be added to the invoice total. Freight/insurance costs are prepaid. All items are shipped via USPS. Items will be shipped within 7-10 business days of receipt of order. Out of stock items will be shipped according to availability of product. Dimensions/oversize weights are applied to freight charges when applicable.
7.2. Backorders: If your order contains a pre-ordered item, or a back-ordered item, the entire order will ship once all items are in stock.
8. COPYRIGHT & TRADEMARK NOTICE
8.1. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of this Website. You may use the content of this site only for the purpose of reading/using content, shopping on this site, or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
8.2 This policy is intended to comply fully with the requirements of the Online Copyright Infringement Liability Limitation Act and the Digital Millennium Copyright Act.
CONSCIENTIZATION 101, LLC will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Conscientization 101, LLC copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed upon
- A description of where the material that you claim is infringing is located on the site
- Your address, telephone number, and e-mail address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf
Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for this Website:
Conscientization 101, LLC
P.O. Box 1265
Fresno, Texas 77545-1265
Attn: Conscientization 101 Editors
9. NO THIRD-PARTY BENEFICIARIES
9.1 There shall be no third-party beneficiaries to this Agreement. All assignments are void unless consented to by us in writing.
10. LIMITATION OF LIABILITY
10.1. You agree that we will not be liable for any harm or loss that may occur in connection with:
10.1.1. any act or omission by you or your agent, whether authorized or unauthorized;
10.1.2. your use or inability to use our Website;
10.1.3. public or private information, whether accurate or inaccurate or fraudulent, provided by you or a third party;
10.1.4. access delays or access interruptions to our Website;
10.1.5. the failure to deliver or erroneous delivery of information and/or products;
10.1.6. any breach of contract you have with a third party, such as an employer;
10.1.7. your failure to pay us any applicable due payment;
10.1.8. the actions, orders and judgments of administrative, judicial and other governmental bodies.
10.2. We shall not be liable to you or anyone else for delays in or failures to perform our obligations under this Agreement that directly or indirectly result from events or causes beyond our reasonable control including, but not limited to: hardware or software failures, other equipment failures, electrical power failures, hurricanes, fires, floods, storms, acts of god, explosions, war, governmental actions, orders of domestic or foreign courts or administrative bodies, or the non-performance of third parties.
10.3. We shall not be liable for any direct, indirect, consequential, incidental, special or exemplary damages of any kind, including but not limited to lost: profits, goodwill, use, data or other intangibles whether in contract, tort or negligence even if you we are aware of the possibility or probability of such damages.
10.4. If a competent court deems us liable to you, our maximum possible liability to you for any reason shall not exceed $100.
11.1. You agree to defend, indemnify and hold us and our members, officers, employees, affiliates and agents harmless from and against any and all liabilities, losses, damages or costs, including all attorney fees, collection fees and court costs, related to any demand or litigation in any way related to:
11.1.1. your use of our Website;
11.1.2. your breach of this agreement;
11.1.3. inaccurate or fraudulent information provided by you;
11.1.4. the cancellation or limitation of your ability to use our System, including but not limited to our Website;
11.1.5. infringement of any third-party rights arising from your use of our System, including but not limited to our Website.
12. REPRESENTATIONS AND WARRANTIES
12.1. You represent and warrant that:
12.1.1. all Profile information you provide to us is accurate and none of the Profile information or documents you provide to us contain fraudulent or otherwise inaccurate information;
12.1.2. you will immediately update your Profile information after it becomes inaccurate;
12.1.3. you will not directly or indirectly infringe the legal rights of third parties or our Licensed Materials;
12.1.4. you have not entered into this Agreement and will not enter into any additional agreements with us in bad faith; and
12.1.5. you are at least legally competent to enter into a binding contract with us.
12.2. We make no representations or warranties of any kind in connection with this Agreement.
12.3. With regard to the Website:
12.3.1. We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
12.3.2. We do not warrant that our content and products will meet your requirements, be uninterrupted or error free.
12.3.3. We do not make any warranties or representations regarding use, correctness, accuracy, or reliability.
12.4. You agree that:
12.4.1. you use the Website and our Products at your own risk;
12.4.2. you use the Website and our Products on an “as-is” and “as available” basis and at your own risk and discretion;
12.4.3. you alone are responsible for any damage to your hardware and software or loss of data in any way related to your use of the Website;
12.4.4. neither we nor our members, officers, employees or agents shall have any liability to you; and
12.4.5. no advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in this Agreement.
13. BREACH, REVOCATION AND CANCELLATION.
13.1. In the event that you breach any provision of this Agreement, you agree that we may immediately terminate your use of our System, including but not limited to our Website.
13.2. In the event such a breach occurs by you, we may post on the Website that you have violated our terms and conditions of service.
14.1. In the event that one or more provisions of this Agreement is deemed unenforceable or invalid, the unaffected provisions of this Agreement shall continue in effect, and the unenforceable or invalid provisions shall be amended or replaced by us with a provision that is valid and enforceable and which achieves, to the greatest extent possible, the objectives and intent of the original provisions.
15. GOVERNING LAW
15.1. This Agreement shall be governed by the federal laws of the United States and the laws of the State of Texas, without regard to any conflict of law's provisions.
16. EXCLUSIVE VENUE
16.1. Any actions relating to or arising out of this Agreement or any use of our Website that include us as a party shall be brought exclusively in the federal and state courts for Harris County, Houston, Texas, and you consent to the exercise of personal jurisdiction over you by these courts in all such actions.
16.2. You agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of your domicile and Harris County, Houston,Texas.
17. DISPUTE RELATED FEES AND COSTS
17.1. If we reasonably decide to retain an attorney or a collection agency to enforce this Agreement, the prevailing party will be entitled to an award of all reasonable fees and costs, regardless of whether a judgment is rendered or suit is ever filed.
18. OTHER DISCLAIMERS
18.1. Links provided to external locations or Websites are made available for your convenience only and do not indicate endorsement by Conscientization 101, LLC of the content or sponsor of the external site. Conscientization 101, LLC is not responsible for the content of any external sites. Conscientization 101, LLC does not guarantee the accuracy of information obtained from any external links posted on this site. Links do not imply any sponsorship, affiliation or association with sites; nor authorization to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol reflected in linked sites.