Terms of Service

OVERVIEW
This website is operated by The Shop in East Liberty, L.L.C ("The Shop in East Liberty"). Throughout this website, the terms “we”, “us” and “our” refer to The Shop in East Liberty. The Shop in East Liberty offers this website, including all information, tools and services available from it to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 
 
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of our website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
 
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access our website or use our Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 
 
Any new features or tools which are added to our website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to change any part of the Terms of Service by posting them to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website following such a posting constitutes acceptance of them.  
 
Our website is hosted on Shopify Inc. It provides us with the online e-commerce platform that allows us to sell our products and services to you. 
 
 
ONLINE WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province where you reside and you give us your consent for any minor dependents to use this site.
 
You may not use our products for any illegal or unauthorized purpose.  You may not, in using the Service, violate any laws (including but not limited to copyright laws) of any applicable jurisdiction.  
 
You may not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access to our website and the Service.
 
 
GENERAL CONDITIONS
We reserve the right to refuse use of or access to the Service at any time to anyone for any reason that is not unlawful.  
 
You understand that the information you give us, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on our website through which the Service is provided, without prior written permission by us.
 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
 
 
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 
We are not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk. 
 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to change the contents of this site at any time, but we have no obligation to update any information on it.  You agree that it is your responsibility to monitor changes to this site.
 
 
CHANGES TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
 
We reserve the right at any time to change or discontinue the Service (or any part or content thereof) without notice at any time.
 
We shall not be liable to you or to any third-party for any change (including price change) or for discontinuance of the Service.
 
 
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through this website. These products or services may have limited quantities.  Your purchase of them is always subject to our Return/Exchange Policy.
 
We have made every effort to display as accurately as possible the colors and images of our products that appear on our website.  We cannot guarantee that your device’s display of any color will be accurate.
 
We have the right to limit sales (including quantities) of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.  All descriptions of products, services and prices are subject to change at anytime without notice, at our sole discretion.  We have the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
 
We do not warrant that the quality of any products or services you purchase or that any information on this website will meet your expectations.  Nor do we warrant that any errors on this website will be corrected.
 
 
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, telephone number or email address, credit card, and/or billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the telephone number, e-mail address or billing address provided at the time the order was made. We reserve the right to limit, change or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
 
You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card information, so that we can complete your transaction and contact you as needed.
 
For more information, review our Return/Exchange Policy.
 
 
OPTIONAL TOOLS
We may provide you with access to third-party tools which we do not monitor or control.  
 
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through this website is entirely at your own risk and discretion; you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
 
If we offer new services and/or features from time to time through this website (including the release of new tools and resources) they shall also be subject to these Terms of Service.
 
 
THIRD-PARTY LINKS
Certain content, products and services available through our website may include materials from third-parties.
 
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
 
 
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous, unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or anyone else.  
 
We may, but have no obligation to, monitor, edit or remove comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.
 
 
PERSONAL INFORMATION
Your submission of personal information through our website is governed by our Privacy Policy.
 
 
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and/or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or to change or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
 
We undertake no obligation to update, amend or clarify information in the Service or on any related website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. 
 
 
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using this website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state or local regulations, rules, laws or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other unlawful basis; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our website, the Service and/or any related website for violating any of the prohibitions.
 
 
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website or the Service will be uninterrupted, timely, secure or error-free. 
 
We do not warrant that the results that may be obtained from the use of our website or the Service will be accurate or reliable. 
 
You acknowledge that from time to time we may remove our website or the Service for indefinite periods of time or cancel them at any time, without notice to you.
 
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services you purchase through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
 
In no case shall The Shop in East Liberty or its directors, officers, managers, employees, interns, agents, contractors, suppliers, service providers, licensors or affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products or services purchased through the Service, or for any other claim related in any way to your use of the Service or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any product or service posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such a case our liability shall be limited to the maximum extent permitted by law.
 
 
INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Shop in East Liberty and its directors, officers, managers, employees, interns, agents, contractors, suppliers, service providers, licensors or affiliates harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
 
 
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these Terms of Service.  Such determination shall not affect the validity and enforceability of any other remaining provisions.
 
 
TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Service, or when you cease using our website.
 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice.  If we do so, you will remain liable for all amounts due up to and including the date of termination.  
 
 
ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
 
These Terms of Service and any policies or operating rules posted by us from time to time on this website or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
 
 
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide the Service shall be governed by and construed in accordance with the laws and decisions of the Commonwealth of Pennsylvania, without regard to its conflict-of-law provisions.
 
 
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. 
 
We reserve the right, at our sole discretion, to change, in whole or in part, these Terms of Service by posting changes to our website; such changes will take effect immediately upon their posting. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
 
 
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hi@theshopinel.com.