THIS DOCUMENT CONTAINS THE TERMS AND CONDITIONS FOR ACQUIRING MATERIAL THROUGH OUR SHOP. PLEASE READ IT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AND AN ARBITRATION CLAUSE. YOUR SUBMITTAL OF ANY PURCHASE ORDER TO OUR SHOP INDICATES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
About Our Shop
Our Site has a Shop where you can purchase great offerings from us. The Materials in our Shop consist of Merchandise and Content. Merchandise means physical items that you purchase to own, such as goods, mugs, and clothing. Content means digital goods that you may or may not be able to download, including images, artwork, gift cards, and video clips. These Shop Terms and Conditions apply to your purchase of any Merchandise or Content. By clicking on the designated icon to complete your transactions, accepting delivery of any merchandise, or accessing content, you agree to and accept all of these Shop Terms and Conditions.
Our shopping cart is meant to be easy to use. When you see an item you want to purchase, add it to your cart. Follow the instructions to remove, modify or add additional items before you proceed to our secure ordering form. If you encounter problems, just contact customer support.
Prices for each item are listed in the Shop. No prices are final until actual payment and we reserve the right to change all prices without notice. We may invoice each item separately. Costs of taxes (e.g., sales tax, use tax, VAT tax), shipping and handling are extra and shown on the invoice. In the event Merchandise or Content is listed at an incorrect price or with incorrect information due to typographical error in pricing or product information received from our suppliers, the Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If our credit care has already been charged for the purchase and your order is canceled, the Company shall immediately issue a credit to your credit card account in the amount of the charge.
We only accept payment via Stripe or PayPal. You must ensure that your credit card information is current and accurate. You must promptly notify us if there is an unauthorized use of your user name or password, as you will be charged for all access under your password.
Shipment of Merchandise
We ship all items by ground delivery. If you want faster delivery an additional charge will apply. Title to Merchandise passes from us to you when we ship the Merchandise from our facility. Loss or damage that occurs during shipping is your responsibility unless you make separate arrangements with us. Ship dates are estimates only. We are not liable for delays in shipment or failure to ship by the estimated ship date.
Inspection and Return
You should inspect all Merchandise you receive promptly after its receipt. You may return any Merchandise you receive within fifteen (15) days of its shipment but only if the Merchandise is unopened, unused, and is defective and not perishable. In all other cases and especially with Content, ALL SALES ARE FINAL. Moreover, this return policy only applies to Merchandise you buy not Content you access, view or download. In order to receive a refund you must return ship the Merchandise to us unopened in its original packaging. You must prepay return shipping charges and insure the shipment or accept the risk of loss or damage during shipment and our refund credit will not include any shipping and handling charges shown on your invoice. Upon our receipt of the merchandise and confirmation it is in correct form, we will refund you the purchase price actually paid less a fifteen percent (15%) restocking fee, unless otherwise prohibited by law.
Access to Content
In case of any video-on-demand (VOD) order or other request to access any Content on-line, we will make the Content available for streaming or downloading as indicated for the item. You agree to provide a computer system reasonably capable of receiving any downloading or streaming.
Intellectual Property Rights on Our Content
The intellectual property rights in the Content in our Store are owned either by us or our affiliated companies and licensed to us for use. All our Content is protected by applicable patent, copyright, trademark and other intellectual property law. Granting you access to our Content does not grant you any ownership rights in any intellectual property. You are only granted a limited license to access the Content in conformity with these Terms and Conditions. Any other attempted use of our Content may infringe our intellectual property rights or those of our suppliers. ETXTraveler.com® is a registered trademark of Texas Forest Trail Region, Inc. There are other trademarks, logos, slogans, and product designations on our Domain. They are only authorized for use on our Domain in conjunction with the particular product or service they designate and you may not use them in any other manner. Downloading a copy of any Content does not transfer title to the copy to you unless expressly so stated in each case. You do not own title to any copy and you may only use such copy for limited periods for your private use in accordance with its terms of access.
DRM Circumvention Is Not Allowed
We may use digital rights management (“DRM”), copy protection or anti-circumvention software or devices to prevent unauthorized access to or copying or use of any of our Content. Any attempt to circumvent such software or devices is not allowed and will be a material breach of these Terms and Conditions and an infringement of our rights and those of the Content owners. You agree not to reverse engineer, decompile, circumvent, nullify or remove and such software or devices, and you waive to the fullest extent allowed by law any right or privilege you may have to do so.
Neither of us is responsible to the other for any loss either of us may experience due to computer server downtime, complications with our hosting equipment or technical errors. We will not be liable for delays in making shipment or providing access due to any cause beyond our reasonable control, such as an Act of God, civil unrest, governmental action, labor disturbance, flood, epidemic, war, riot, delay in transportation or car shortage, or lack of materials or facilities. We will notify you promptly of any delay under this paragraph and specify the revised shipment or access date as soon as practicable. Our performance will be extended for the time lost by reason of the delay.
Changing Our Shop Terms and Conditions
We may change these Shop Terms and Conditions from time to time. The must current version of these Terms and Conditions at the time you complete your purchase of merchandise or access to Content will apply to your transaction.
Our Warranty Disclaimers
All merchandise purchased through our store is sold “as is” and “without warranty.” It is your responsibility to evaluate the merchandise along with any descriptions and safety data information provided by the manufacturer or supplier to determine their suitability and safety for any particular purpose. Any content accessed through our store is provided “as is,” “with all faults” and “as available.” The entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent allowed by law we disclaim all warranties, express, statutory or implied, including warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, title, exclusivity, quiet enjoyment and non-infringement, and warranties that your access to or use of our store will be uninterrupted or error-free. There are no warranties of any kind that extend beyond the face of this agreement or that arise as a result of course of performance, course of dealing or usage of trade.
Our Additional Liability Disclaimers
In purchasing any Merchandise or accessing any Content from our Store you agree we are not liable for: (1) any information, comments or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, invasive of privacy or illegal; (2) any unauthorized access to or alterations of your account, transmissions or data; (3) any viruses or other disabling code that may infect your computer or your other services, hardware or software; or (4) any delays or failures you may experience in initiating, conducting or completing any transmissions to or transactions with our Store.
Our Damages Limitation
To the maximum extent allowed by Law, our total liability for any claim arising from any Materials acquired from our Shop is a refund to you of the total purchase price you paid for any Merchandise or Access Fee you paid for any content, plus any incidental costs of shipping and return. We disclaim any liability for any other damages of any kind arising out of these Terms and Conditions or your use of our Store. To the greatest extent allowed by law your right to a refund is exclusive of any other remedy. In no event will either of us be liable for any special, consequential or punitive damages arising out of or related to these Terms and Conditions or any Materials you acquire from our Store. This exclusion of special, consequential and punitive damages is independent of your exclusive remedy and survives even if such remedy fails of its essential purpose or is otherwise unenforceable. To the maximum extent allowed by Law the limitations on liability in this paragraph apply without regard to the claim for which they arose, whether due to strict liability, breach of warranty (express or implied), beach of contract, or any tort or negligence, active or passive.
The Scope of Our Disclaimers
The disclaimers, exclusions and limitations in paragraphs in these Shop Terms and Conditions apply to the maximum extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, or liability for consequential damages, or other matters, some or all of such disclaimers, exclusions or limitation may not apply to you.
A Claim means any assertion that either of us has breached any obligation or impaired any right of the other arising under or with respect to these Terms and Conditions. If you have any Claim against us, please let us know! Contact us as indicated on our Site. We would like to try to resolve all Claims in a fast and friendly manner to ensure your continued satisfaction.
Forum for Resolving Claims
The Forum for resolving all Claims will be in the state or federal courts in Marshall, Texas. We both agree to submit to the personal jurisdiction of the state and federal courts in the Forum for resolving all Claims. We also both agree to the full extent allowed by law that the Forum is the exclusive venue for resolving all Claims and we each waive any right to seek another venue due to an improper or inconvenient Forum.
Resolution of Claims by Arbitration or Court Action
If the total amount sought the party asserting any Claim does not exceed US$5,000, then either of us may elect to resolve the Claim by neutral, binding arbitration in the Forum under the Commercial Arbitration Rules of the American Arbitration Association in effect as of the Effective Date of these Terms and Conditions (the “AAA Rules”). As of the Effective Date, you can read these rules at http://www.adr.org/arb_med. The Claim may only be resolved by arbitration if the submission to arbitration occurs before filing any legal action in court, otherwise the Claim must be resolved by court action not arbitration. The arbitrator will have authority to award all damages or other remedies under applicable law. All Claims not subject to arbitration will be resolved by court action. The prevailing party in any arbitration or court action will be entitled to recover all costs of suit, including reasonable attorney’s, expert and professional fees.
Printing These Terms and Conditions
You may copy these Terms and Conditions or send them to your printer for printing. If you are having trouble printing a copy, please contact use at email@example.com and we will be happy to send you a copy.
No Verbal Amendment
These Terms and Conditions may only be amended in a record, such an e-mail or writing duly authenticated by the party to be charged. None of our agents or customer service representatives are authorized to waive any or modify any provision of these Terms and Conditions, and any allegation that they have done so will be ineffective.
These Terms and Conditions will be governed by and interpreted under the laws of the State of Texas except only to the extent applicable consumer protection laws in your state of residence in the United States specifically supersede Texas law and require their application instead.