Terms of service

Please read these Terms of Service carefully and in their entirety before using cherithshoppe.com (hereinafter referred to as the "Site").

The Site and its content are owned by Cherith®.

These Terms of Service are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any product or service offered on or by us or the Site.

Important Note: By using the Site in any capacity, you voluntarily agree to these Terms of Service. You agree that you have read, understood, and consented to these Terms of Service. If you have any questions, please contact us at care@cherithshoppe.com.

You must be at least 18 years old and be able to consent to these Terms of Service. If you are under the age of 18, or you do not agree with these Terms of Service as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms of Service as stated herein, regardless of whether or not you have read these Terms of Service.

These Terms of Service contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms of Service, you agree to the Arbitration Clause and voluntarily waive your right to a jury trial.

By proceeding on the Site, you hereby agree to the following:

Definitions
"Company", "Site", "We", "Us", or "Our" means Cherith® and cherithshoppe.com.

"Content" means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Cherith® or cherithshoppe.com, and any and all written or downloadable material purchased, viewed, or otherwise offered on cherithshoppe.com, such as stationery and gift products, blog posts, graphics, designs, documents, information, templates and materials.

"Personal Information" means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, credit card information, site behavior, etc.

"Site, Services, and/or Products" means cherithshoppe.com Content, email list, social media posts, blog posts, guides, eBooks, forms, worksheets, workbooks, and/or website materials available on the Site.

"Site" means cherithshoppe.com and any and all of the Company's associated pages, tabs, landing pages, forms, or sub-pages.

"You" or "Your" means the user, customer, or viewer of the Site.

Consent
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and/or Services to you.

By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Service, our Privacy Policy, and Disclaimer.

By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms of Service and our Privacy Policy.

Site Rules
By using the Site and/or making any Purchase, you hereby agree & consent not to:
• Abuse or harass any person through or on the Site.
• Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
• Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
• Post or transmit any "spam" or unwanted, unsolicited content.
• Post copyrighted materials, photographs, or content which do not belong to you.
• Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
• Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.

Disclaimer
By using the Site, you understand that Cherith® is a Christian Stationery Company. Our Content is for informational and retail purposes only.

Changes to these Terms of Service
We reserve the right to change, amend, or otherwise alter these Terms of Service at any time without notice to you. When changes are made to these Terms of Service, we will update the "Updated on" date at the bottom of this page. If you do not agree with these Terms of Service, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.

Links to Third-Party or External Websites
The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website's privacy policy or Terms of Service.

Intellectual Property Ownership
The Site and its Content are intellectual property solely owned by Cherith®. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

Our Limited License to You
If you view, access, or Purchase the Site, Products, and/or Services, you are considered our Limited Licensee ("Licensee"). As a Licensee, you agree and understand that the Site, Products, and/or Services have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Products, and/or Services are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Products, and/or Services very seriously.

You may not use the Site, Products, and/or Services in any manner that is unauthorized, improper, against these Terms of Service, our Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.

Your License to Us
By commenting on the Site, or submitting documents to Cherith® via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.

Purchase & Access Terms
During the course of your use, Purchase, and/or Download from the Site, Products, and/or Services, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms of Service. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms of Service will be legally pursued to the fullest extent permitted by law.

Modifications to the Service or Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify 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 modification, price change, suspension or discontinuance of the Product and/or Service.

Products or Services
Certain Products and/or Services may be available exclusively online through the website. These Products and/or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products and/or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products and/or Services that we offer. All descriptions of Products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. 

We do not warrant that the quality of any Products and/or Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of Billing & Account Information 
We reserve the right to refuse any order you place 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, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Sharing the Site & Its Content
You must request and receive written permission by emailing care@cherithshoppe.com before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Cherith®.

Disclaimer - No Warrantees, Guarantees, or Representations are Being Made
We do not offer any warranties, of any variety, regarding the Site, Products, and/or Services, and/or your Purchase or Download, in any way. The Site, Products, and/or Services, and/or your Purchases or Downloads are offered "AS IS" and without warranties of any kind, neither express nor implied, to the extent permitted by law.

Your Release of Us
By using the Site or Purchasing, Downloading, or using Cherith®'s Products, and Services, you agree to release, forgive, and forever discharge Cherith®, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

Errors & Omissions
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, Cherith® does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times.

Refund Policy
We have a 5-day return policy, which means you have 5 days after receiving your item(s) to request a return. To be eligible for a return, your item(s) must be in the same condition that you received it (unused, unopened, undamaged and in its original packaging). You'll also need the receipt or proof of purchase. Customer covers return shipping cost and a 10% restocking fee will apply.

We will notify you once we've received and inspected your return, and let you know if the refund was approved or not. If approved, you'll be automatically refunded on your original payment method within 10 business days minus the cost of shipping. We do not refund shipping costs.

For more details, please review our Refund Policy. 

Arbitration Clause
If you have any complaint or should any issue arise in the use of the Site or Cherith®'s Products, and Services, please contact us directly first by email care@cherithshoppe.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Cherith® shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association's ("AAA") rules.

By agreeing to this term, you hereby agree and understand that you're waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 30 miles of Murrieta, California.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of California. The only award that can be issued to you is a refund of any payment made to Cherith® for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.

Consent to Governing Law
These Terms of Service, and any dispute arising out of it, shall be governed by the laws of the State of California.

Consent to Jurisdiction
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of California or a state court located within the State of California in connection with any matter arising out of these Terms of Service, Privacy Policy, and Disclaimer, or as a result of your use, Download, or Purchase from the Site, Products, and Services.

Consent to Service
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of California for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of California.

Payment & Purchases
When you Purchase or Download one of our Products, and Services from us or the Site, you may pay by credit card. By doing so, you give Cherith® permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records. 

If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Products, and Services. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.

We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Products, and Services, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.

Limitation of Liability
Cherith® is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Products, and Services. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

Defense & Indemnification
You shall, at all times, indemnify, defend, and hold harmless Cherith®, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Cherith® (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms of Service, or the Privacy Policy and (c) arising out of any alleged breach or negligence said to have been committed by us.

Termination of Your Use
At our sole discretion, we are permitted to terminate your use or access to the Site, Products, and/or Services, and Purchases/Downloads if you abuse, violate, or breach any of these Terms of Service, Privacy Policy, Disclaimer, or any other terms to which you have agreed to.

Entire Agreement
These Terms of Service, our Privacy Policy and Disclaimer constitute the entire agreement between you and us with respect to the Site, Products, and/or Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Products, and/or Services.

Severability
The provisions of these Terms of Service are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms of Service are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms of Service as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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 or state regulations, rules, laws, or local 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 religion, ethnicity, race, age, national origin, or disability; (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 the Service or any related website for violating any of the prohibited uses.

Contact 
Questions about these Terms of Service should be sent to us at care@cherithshoppe.com.

Updated on: 03.01.24