THESE TERMS & CONDITIONS ARE AN ENFORCEABLE CONTRACT BETWEEN US WHICH AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND DISCLAIMERS AND LIMITATIONS OF WARRANTIES AND LIABILITIES, WHICH ARE SET FORTH BELOW.
We recommend you print out a copy of these Terms & Conditions for your records. Upon request by you or EliChris Crochet, we each agree to sign and provide to each other a signed copy of these Terms & Conditions.
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
As noted above, by using this website, purchasing or licensing any products or services through this website, and/or registering with this website, you agree to be bound fully by the provisions below, without change, as are published at such time. 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 & CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE, VISIT ANY PAGE WHICH IS A PART OF THIS WEBSITE, REGISTER WITH THIS WEBSITE, OR PURCHASE ANY PRODUCT OR SERVICE THROUGH THIS WEBSITE.
2. MODIFICATIONS TO THIS AGREEMENT
These Terms & Conditions were last updated on March 8, 2024 and apply to all uses, purchases, or registrations occurring on or after that date. We reserve the right, in our sole discretion, to change these Terms & Conditions at any time by posting a change notice or new agreement on this website, but such changes shall not apply retroactively.
3. DISPUTES – THE REQUIREMENT TO ARBITRATE
EliChris Crochet, we work hard to make things right with each and every customer. On occasion, a third party may be necessary to help us resolve our disputes, and this Agreement limits us to arbitration (or small claims court, if a claim qualifies) in the following instances.
YOU AND ELICHRIS CROCHET AGREE THAT ALL DISPUTES AND CLAIMS BETWEEN US ARISING FROM OR RELATING IN ANY WAY WITH THE PERFORMANCE OF THESE TERMS & CONDITIONS, YOUR USE OF THIS WEBSITE, ANY PRODUCTS OR SERVICES SOLD OR LICENSED THROUGH THIS WEBSITE, OR THE ACTIONS OF ELICHRIS CROCHET OR ITS AGENTS THAT WE CANNOT RESOLVE INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT AS PROVIDED BELOW. YOU AND ELICHRIS CROCHET FURTHER AGREE TO WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN ANY WAY IN A CLASS ACTION/CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHERWISE TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND CHRISTIANBOOK AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
This arbitration agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under the direction of EliChris Crochet, including all affiliated companies (including, but not limited to, parents, subsidiaries, and sibling corporations). This Agreement is binding on you and EliChris Crochet, as well as our respective heirs, successors, and assigns. You and EliChris Crochet agree that any claim between us involves commerce under, governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. This Agreement, however, does not prevent you from bringing any issues to the attention of federal, state, or local agencies.
Arbitration Scope, Rules, and Requirements
There is no judge or jury in arbitration, and discovery and court review of an arbitration award are limited. However, an arbitrator under this Agreement can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms & Conditions as a court would.
The arbitrator also has the sole authority to and shall address all claims or arguments concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.
4. PRIVACY AND SECURITY
Please read our Privacy Policy which is incorporated into these Terms & Conditions and governs your use of this website. By visiting this website, registering with this website, or purchasing or licensing products or services through this website, you agree with and consent to our Privacy Policy, including the information collection, analysis, and usage practices it describes. To the extent there is a conflict between the Privacy Policy and these Terms & Conditions, these Terms & Conditions will control to the fullest extent permitted by law.
5. PRODUCT DESCRIPTIONS
We work hard to be as accurate as possible. The products and services offered for sale or license through the use of this website contain descriptions that are provided by our suppliers, vendors, and licensors. We do not warrant or represent that such descriptions are complete and accurate. Errors will be corrected when discovered and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted by you or an order confirmation has been sent by us). If a product offered by us is not as described, your sole remedy is to return it to us in unused condition. We also reserve the right to limit the order quantity on any item.
6. ADDITIONAL TERMS
Certain specific features, functions, and sections of this website and the purchase and license of products and services through the use of this website may be subject to additional posted terms including codes of conduct, governing the use of such features, functions, and sections, and the purchase of such products and services. These additional posted terms and conditions as exist at the time of your use, registration, or purchase are expressly incorporated in this Agreement. To the extent there is a conflict between these additional posted terms and these Terms & Conditions, these Terms & Conditions will control to the fullest extent permitted by law.
You agree to use this website, and to purchase products and services through the use of this website, only for your own personal, noncommercial use unless you are in an express business relationship with EliChris Crochet.