These Terms and Conditions explain important details about your relationship with this company. By accessing, using, or viewing this website (the “site”) or any of its services, functions or contents, you agree to these terms, which govern your of use of the site and your purchase of products and services on the site. If you are unwilling to be bound by these Terms‚ you should not interact with this site.
We reserve the right to investigate and take appropriate action‚ including legal action‚ in our sole discretion‚ against anyone who violates these Terms‚ including without limitation‚ the removal of any content posted in violation of these Terms‚ and the registration termination and blocking of violators from the site.
This site is for personal use only. Commercial use is strictly prohibited without our prior written consent. You agree you will not use any trademark‚ logo‚ content or other proprietary information of this company (including images, text, layout/design, or form) without our express written consent. Further‚ you may not use meta tags or other “hidden text” using our name‚ trademark‚ or products. Any unauthorized use of the site will terminate the permission granted by these Terms.
Permitted uses of the site include:
You shall not (and you agree not to allow any other entity using your User ID to):
You must be 18 years of age or older to register or purchase merchandise on this site.
In order to access some features of the site‚ you need to register and select a password/user name. To register‚ use our registration form. If you register‚ you agree to provide us with accurate and complete information‚ and to inform us immediately of any updates or other changes to such information. In addition‚ we reserve the right to refuse or cancel a registration at our discretion.
We believe strongly in protecting the privacy of our users and customers. Our data collection and use practices are set forth in our Privacy Policy‚ which we encourage you to review.
It is your responsibility to maintain the confidentiality of your password. You assume full accountability for all activities that occur under your account‚ whether or not you authorize such activities. You agree to immediately notify us of any unauthorized use of your account of which you become aware. Further, you agree to ensure that you exit from your account at the end of each session.
We reserve the right to make changes to this site‚ our policies and these Terms at any time without prior notice. All changes are effective upon posting.
This site may display links to third party sites. We undertake no obligation to monitor or modify these links. Therefore, we are not responsible for the content therein‚ or for any other materials relating to these linked sites. The display of a link does not imply endorsement of the linked site or its content. We are not liable‚ directly or indirectly‚ to anyone for any damage or loss arising from or relating to any use‚ continued use of any linked third-party site.
You agree to indemnify and hold Orthodox Creations by Elaine and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand made by any third party due to or arising out of your breach of these terms and conditions or Your violation of any law or the rights of a third party. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
All content on this site (aside from user content) is the proprietary property of Orthodox Creations by Elaine or their respective owners. Any trademarks of third parties that appear on the Site are the property of their respective owners‚ who may or may not be affiliated with‚ connected to‚ or sponsored by us. You may not use‚ copy‚ modify or display any of the trademarks‚ service marks‚ names or logos appearing on this site without the express written permission of the owner.
Nothing in these Terms grants to you or any other user any license in or right to any patent‚ copyright‚ trademark‚ trade secret or other proprietary right of this company.
You agree that in no event shall Orthodox Creations by Elaine, its agents, representations, or licensors be liable to you or any other party for any direct, indirect, incidental, special, exemplary, or consequential damages arising out of any use of this site.
You agree that you use this site‚ and all information and products contained in or described on the site‚ entirely at your own risk. Further, you agree that all such information and materials are provided on an “as is” and “as available” basis.
To the full extent permissible by applicable law‚ we make no‚ and hereby disclaim all‚ representations or warranties of any kind‚ express or implied‚ as to the availability‚ operation and/or use of the site. In addition‚ we do not represent or warrant that the information and content accessible via the site is accurate‚ complete or current.
We are not responsible for any errors or omissions therein or for any adverse consequences resulting from use of‚ inability to use‚ or reliance on any aspect of the site‚ including but not limited to user content and all other content‚ services‚ products‚ and other information and materials contained in or described on the site. Further‚ we make no representations and warranties that the site or the user content will be uninterrupted‚ secure‚ or free of errors‚ viruses‚ or other harmful components. No advice or information‚ whether oral or written‚ obtained by any user from us or the site shall create any warranty not expressly stated herein.
Read the following arbitration provision carefully, as it limits your rights, including the right to maintain a court action. All disputes between you and Orthodox Creations by Elaine shall be governed solely by the Federal Arbitration Act, except to the extent that you have‚ in any way‚ violated or threatened to violate any company intellectual property right. You agree that by entering into these Terms‚ you and this company are each waiving the right to trial by jury and the ability to participate in a class action.
Any user seeking arbitration must first send by certified mail‚ a written Notice of Dispute (“Notice”) to Orthodox Creations by Elaine, to 504 Spring Run Drive, Monroeville, PA 15146; Attn: Arbitration Intake. The Notice must describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received‚ either party may commence arbitration.
For arbitration claims you assert against us (but not for any arbitration claim against you), we will pay all of your administrative‚ hearing‚ and arbitrator’s fees and costs for the arbitration (but not the fees‚ expenses‚ and costs of your lawyers‚ experts‚ or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful‚ we will pay our‚ and you will pay your‚ lawyers’‚ experts’‚ and witness fees‚ expenses‚ and costs with respect to all claims.
To the extent permitted by law‚ you will not agree to act as a representative or a private attorney general‚ or in any other representative capacity‚ or participate as a member of a class of claimants in any lawsuit against Orthodox Creations by Elaine in any court‚ or in arbitration‚ with respect to any claims relating in any way to this site‚ these terms‚ or your status as a user. This section (confidential arbitration) will survive the termination of the relationship between you and this company.
By visiting this site‚ you agree that the laws of the State of Pennsylvania‚ without regard to principles of conflict of laws‚ will govern these Terms and any dispute of any sort that might arise between you and Orthodox Creations by Elaine.
No agency‚ partnership‚ joint venture‚ or employment relationship is created as a result of these Terms. Further, you do not have any authority of any kind to bind Orthodox Creations by Elaine in any respect whatsoever. We may provide you with notices‚ including those regarding changes to these Terms‚ by email or postings on the site. These Terms, deemed accepted by you upon your use of the site‚ constitute the entire agreement between you and us regarding use of the site.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms are not assignable‚ transferable or sublicensable by you‚ except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate by reference the Privacy Policy for the site and any notices regarding the Site.
Please contact us with any questions regarding these Terms. Please report any violations of the Terms to elaine@orthodoxcreationsbyelaine.com.
