Terms and ConditionsLast updated: September 14, 2020
Please read these Terms and Conditions carefully before using Our Website.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
DefinitionsFor the purposes of these Terms and Conditions:
- Account means a unique account created for You to access our Website or parts of our Website.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to THE LIGHTHOUSE FOR THE BLIND, 10440 TRENTON AVE, SAINT LOUIS, MISSOURI 63132.
- Device means any device that can access the Website such as a computer, a cellphone or a digital tablet.
- Goods refer to the items offered for sale on the Website.
- Orders mean a request by You to purchase Goods from Us.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.
- Website refers to Quake Kare, accessible from http://www.quakekare.com
- You means the individual accessing or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.
These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.
Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.
By accessing or using the Website, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Website.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Website.
Placing Orders for Goods
By placing an Order for Goods through the Website, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about Your right to cancel Your Order.
You will not have any right to cancel an Order for the supply of any of the following Goods:
- The supply of Goods made to Your specifications or clearly personalized.
- The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly, or where the date of expiry is over.
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Website. The Goods available on Our Website may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Website and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods We have available, such as Visa, MasterCard, Discover, or American Express.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of Your Order.
Title and right of possession to the goods purchased shall remain with Seller until all payments required under this instrument have been made in full in cash, and Buyer agrees to do all acts necessary to maintain such title in Seller.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Website.
You are responsible for safeguarding the password that You use to access the Website and for any activities or actions under Your password, whether Your password is with Our Website or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Links to Other Websites
Our Website may contain links to third-party websites or services that are not owned or controlled by the Company.
Company has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. If You use the links, You will leave the Website and Your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for Your convenience and information.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Website will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Website.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or 100 USD if You haven't purchased anything through the Website.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Website is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the State of Missouri, United States, excluding its conflicts of law rules, shall govern these Terms and Conditions and Your use of the Website. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company.
Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of arbitration shall be Missouri. Missouri law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
For European Union (EU) Users
If You are a European Union or International consumer, you will benefit from any mandatory provisions of the law of the country in which you reside.
Buyer is authorized to sell and/or distribute the Products only to customers, retailers, subsidiaries, Buyers, wholesalers, or any business entity or person (collectively, the “Customer”) located within the United States of America (the “Territory”). For purposes of this Section __(a), whether the sale or distribution is to a Customer located within the Territory shall be determined by reference to the location of the Customer’s facility or residence to which the Product is to be shipped for operation, use, storage, or resale.
Buyer hereby acknowledges that the Products are intended for sale and use only within the Territory, and Buyer solely accepts any and all liability caused by its sale or distribution of the Products to Customers outside the Territory.
If Buyer chooses to sell or distribute the Products in any way to a Customer outside of the Territory, Buyer shall, at its own expense, provide (i) clear, conspicuous warning labels in bold font or red print affixed to the Products in the language of the jurisdiction of which the Product is to be sold or used which contains all necessary hazard warnings and otherwise complies with the laws and regulations in which the Product is going to be distributed (an “International Warning Label”) and (ii) a copy of the safety manual or Safety Data Sheet set forth in Exhibit A translated to the language of the jurisdiction of which the Product is to be sold or used (an “International Safety Manual’). Any sale or distribution outside the Territory without an International Warning Label and International Safety Manual shall be explicitly prohibited and shall be a material breach of this Agreement.
The Company makes no representations or warranties as to the adequacy of the International Warning Label and International Safety Manual. The Company shall not be obligated to verify that the International Warning Label was affixed to the Products nor that the International Safety Manual was delivered and understood by the Customer. Buyer shall be exclusively responsible for these actions when partaking in a sale or other distribution to a Customer outside the Territory.
Buyer will indemnify, defend and otherwise hold harmless the Company from all costs, loss, damages, liability, or expense, including reasonable legal fees, arising from any proceeding or claim brought against the Company by a third party or Customer to the extent such proceeding or claim arises out of anything associated with the sale and/or distribution by Buyer of Products outside the Territory including but not limited to any death or injury to any person and any fines or other penalties levied for the Product’s failure to comply with any local law or regulation. The presence of an International Warning Label or International Safety Manual in Buyer’s sale to a Customer outside the Territory shall not abrogate the Company’s absolution of liability and right to indemnity for a claim under this Section __(e).
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach
These Terms and Conditions may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new Terms, in whole or in part, please stop using the Website.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: firstname.lastname@example.org
- By visiting this page on our website: https://www.quakekare.com/contact-us
- By phone number: 800-542-3697
- By mail: The Lighthouse for the Blind, 10440 Trenton Avenue, Saint Louis, MO 63132