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Terms & Condition

TERMS AND CONDITION

Welcome to the Shopterminology.com website (the "Site"). Shopterminology.com is owned and operated by Terminology, LLC. ("Terminology", "we", “our”, or "us"). Terminology, LLC, and/or its affiliates (“Terminology”) provide services to you on Shopterminology.com and Shopterminology.com mobile application subject to the terms set forth herein. Please read this website terms and condition (the "Terms and Condition") carefully before using this Website. By visiting our site and mobile application and/or purchasing something from us, you engage in our "Service" and  you agree to and are bound by all terms of use described herein. If you do not agree to these terms and condition contained herein, you may not access or otherwise use this Website in any manner. Terminology reserves the right to update or modify these Terms and Conditions at any time without prior notice. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of any such changes.

USE OF SITE

This Site is owned by Terminology LLC, and is available for a User's personal and non-commercial purposes only. Any use of the site or its contents, including copying or storing it or them in whole or part (book marking), other than for your own personal, non-commercial use is prohibited without the written permission of Terminology. User may not use, reproduce, redistribute or download any of our site content, including all text, pictures, headers, designs, graphics, illustrations, images, icons, buttons, code, and software, or any other content on this Site for any other purpose. User agree to not copy nor publicly display any content belonging to Terminology, any of its affiliates, or any third parties who have licensed their materials to Terminology, on any network computer or broadcast the content in any media, nor modify or alter the content in any way, or delete or alter any copyright notice. The entire content of the Shopterminology.com web site are protected by applicable copyright and trade mark law.

For any portion of the website that requires a user name and/or password you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

PURCHASE POLICIES

You will exercise and rely solely on your own judgment in using the Website for purchasing products. In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit goodwill, use, data or other intangible losses, arising out of any use or inability to use the website. If you make a purchase at the Website, your purchase will be subject to additional purchase terms and conditions (collectively, "Purchase Policies") appearing on the “Shipping” and “Returns & Exchange” pages, which are hereby incorporated into and made part of these Terms of Use.

Please review our Purchase Policies before making any such purchase. By submitting payment information in connection with any such purchase, you agree to our Purchase Policies.

PRIVACY POLICY

Use of the Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms of Use. Please carefully review our Privacy Policy. By using the Website, you agree to be bound by the terms of our Privacy Policy.

 

INTELLECTUAL PROPERTY 

You acknowledge that all materials at the Website, including the Website's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of Terminology, LLC, and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. All rights to Materials not expressly granted in these Terms of Use are reserved to their respective copyright owners. Terminology authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Terminology or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described at the Website are the sole property of Terminology and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Terminology and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of Terminology and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Terminology. Terminology reserves the right to enforce its intellectual property rights to the fullest extent of the law.

The Services as a whole and all Content thereon are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. Except as may be expressly permitted by Terminology, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, frame, transfer, or sell any Content obtained from, through or on this Services, in whole or in part. Any use of the Content, except as specifically provided in these Terms, is strictly prohibited.

 

COPYRIGHT AND TRADEMARK DISCLAIMER

The Site is owned by Terminology, LLC and is available for a User's personal and non-commercial purposes only. Terminology, Terminology ecommerce (SM), the Terminology logo, and site content, including all pictures, slogans, text, colors, designs, graphics, images, icons, buttons, code, and software, are all subject to trademark, copyright, and other applicable intellectual property rights and law. Third-party trademarks, product names, and logos on the Site are the property of their respective owners. Terminology retains sole rights for all use, production, and copy of its trademarks, and any misuse is strictly prohibited. Terminology trademarks may not be copied, reproduced, modified, downloaded, published, exploited, or transmitted without first obtaining written permission from Terminology. Permission is only granted to electronically copy and print pages from the Site solely as related to the non-commercial placement of User's personal order from shopterminology.com. Terminology retains all intellectual property rights, copyrights, and trademarks for any material that User prints for personal use. User agrees to respect all applicable intellectual property laws and not use any materials on the site to create new works.

Copyright Notice. Copyright © 2014 Terminology LLC. All rights reserved.

LINKS TO OTHER WEBSITES AND SERVICES

In an attempt to provide increased value to our customers and visitors, Terminology will occasionally provide links to various third-party web sites, sponsors, associates and friends. However, Terminology has no control over these linked sites, all of which have separate privacy and data collection practices, independent Terminology. Terminology has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. Before engaging with referred sites, we highly recommend you read and understand their associated policies and practices. These linked sites are only for your convenience and therefore you access them at your own risk. Nevertheless, the moral standard and Integrity of the Terminology brand is of the utmost importance to us and we value any feedback and comments on linked third party sites, as well as our own.

USE OF IMAGE ON BLOGS               

Images from shopterminology.com may be used if credit for the origin of the images is acknowledged.  Credit all styling, images, or written content to shopterminology.com.

COLORS

We have done our best to display as accurately as possible the colors of the products shown on the Shopterminology.com

web site. However, because the colors you see will depend on your individual monitor, we cannot guarantee that your monitor's display of any color will be accurate.

CORRECTION OF ERRORS AND INACCURACIES OR REVISIONS AND ERRATA 

Although providing accurate and clear description is the utmost importance to us, Shopterminology.com does not offer assurance that the information or material on this site is error-free, complete or current. For example, such typographic errors, system error, inaccuracies, or omissions may involve, but are not limited to color, product description, stock availability and price. We therefore reserve the right to revise, correct any information, errors, inaccuracies or omissions and to change and update information at any time without prior notice, including during and/or after your transaction has been submitted, which may result in your final payment being revised and adjusted.

In addition, Shopterminology.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged, due to suspicion of fraudulent intent, inability to authorize a payment, incorrectly priced merchandise, or any other reason deemed appropriate by Shopterminology.com. If payment has already been made or if the credit card has already been charged for the purchase and the order is cancelled, Terminology credit the credit card account in the amount of the incorrect price.

All prices shown on this site are available for a limited time only and subject to change at any given time without prior notice. Current promotions, sales, and discounts are not valid towards previously purchased merchandise. We apologize for any inconvenience this may cause you.

If you are not fully satisfied with your purchase from Shopterminology.com please contact info@shopterminology.com and the Terminology staff will be able to answer any questions you have.

TERM; TERMINATION

These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by Shopterminology.com without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE

Terminology may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by mail to your address on record in shopterminology.com account information. By using this site, User agrees to all notices, disclosures and other communications we provide. Read more on our privacy policy here.

ENFORECEMENT OF TERMS AND CONDITIONS

By accessing and using the Shopterminology.com web site, you agree that your access to and use of the Shoptemrinology.com web site is subject to these Terms and Conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of North Carolina, United States of America.

USE OF SITE

Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.

INTERNATIONAL USE

We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

WARRANTIES

Terminology makes no warranties of any kind regarding any non-Terminology sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Terminology makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Terminology sites. Terminology does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

DISCLAIMER

This Web site, and any information or content on this Web site, are provided "as is" with all faults. The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, you or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

LIMITATIONS OF LIABILITY    

IN NO EVENT SHALL TERMINOLOGY, ITS AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF TERMINOLOGY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF TERMINOLOGY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO TERMINOLOGY IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. 

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Shopterminology.com, its officers, subsidiaries, directors, employees, agents, licensors, affiliates and suppliers (collectively the "Service Providers") from and against any and all claims, losses, liabilities, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and , the privacy policy or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

SEVERABILITY

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

DISPUTES

Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding arbitration in Raleigh, North Carolina, except that, to the extent you have in any manner violated or threatened to violate Terminology’s intellectual property rights, Terminology may seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

 

APPLICABLE LAW AND JURISDICTION 

These Terms and Condition shall be governed by and construed in accordance with the laws of the State of North Carolina in the United States of America, without regard to its choice of law provisions. You agree that the North Carolina courts located in Wake County, North Carolina, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

CUSTOMER RATINGS/COMMENTS AND REVIEWS TERMS AND CONDITION 

Anything posted or otherwise submitted to Terminology, whether on the Shopterminology.com website, through a mobile application, blog or via any form of social media, will be treated as public and nonproprietary. By submitting said comments or other materials to Terminology, you grant Terminology a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become Terminology sole and exclusive property. In addition, when you post reviews or comments to Shopterminology.com or on any of Terminology’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to any content submitted to Terminology.

COPYRIGHT INFRINGMENT

Terminology deeply respects the intellectual property rights of others and request users not to post on the site any content that violates the intellectual property of others. If you believe that your work has been improperly copied in a way on shopterminology.com that constitutes copyright infringement, please contact us at info@shopterminology.com

CONTACT US

We are always ready to address your questions and concerns regarding these terms and condition and our privacy practices. Please contact us through one of the following methods:

 

By Email: info@shopterminology.com

By Mail: Terminology, LLC

            ATTN: Terms & Condition

            P.O. BOX 91328

            Raleigh, NC 27675-1328

 

© 2014 Terminology, LLC.  All rights reserved.

 

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