John Muratori Ministries Terms and Conditions of Use
PLEASE READ
THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
TERMS
AND CONDITION OF SALE
TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING,
ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY
John Muratori Ministries YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal
Contract
You agree to this
User Agreement, and all of its terms and conditions, by visiting, browsing,
shopping, accessing or otherwise using the Site. These terms and conditions are
subject to change without prior notice at any time, in John Muratori Ministries's sole
discretion. By visiting, browsing, shopping, accessing or otherwise using the
Site after a change has been posted to the Site, the Customer accepts that
change. Customers should check this User Agreement and the Privacy Pledge
frequently
Acceptance of Contract
Terms
This User Agreement,
and all of its terms and conditions, constitute a legal contract between you and
John Muratori Ministries (References to "you" or "your" shall relate to a customer of
John Muratori Ministries or other party that visits, browses, shops, accesses or
otherwise uses the Site (the "Customer"); references to "John Muratori Ministries" shall
relate to John Muratori Ministries and its affiliates.) By visiting, browsing, shopping,
accessing or otherwise using this site ("Site"), you acknowledge that you have
read, understood, and agree to be bound by this User Agreement and comply with
all applicable laws and regulations, including U.S. export and re-export control
laws and regulations. If you do not agree to this User Agreement, as it may be
changed by John Muratori Ministries from time to time, do not use this Site. The material
provided on this Site is protected by law, including, but not limited to, United
States copyright law and international treaties. This Site is controlled and
operated by John Muratori Ministries from its offices within the United States.
John Muratori Ministries makes no representation that materials in the Site are
appropriate or available for use in other locations, and access to them from
territories where their contents are illegal is not authorized. Those who choose
to access this Site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws.
Any claim relating to,
and the use of, this Site and the materials contained herein is governed by the
laws of the state of CT without regard to conflict of law rules. You
consent to jurisdiction of the federal and state courts located in DADE
County, CT to hear any such claims.
Access, Interference and
Linking
John Muratori Ministries
grants you a limited license to access and make personal use of the Site and not
to download (other than page caching) or modify it, or any portion of it, except
as provided below under "Use Restrictions," or with express written consent of
John Muratori Ministries.
The following activity on the Site is expressly prohibited:
Any non-personal or commercial use of any robot, spider, other automatic device,
or manual process to monitor or copy portions of the Site or the content
contained herein without prior written permission by John Muratori Ministries; collection
or use of any product listings, descriptions, or prices, from the Site for the
benefit of another merchant that supplies products competitive with or
comparable to those offered on the Site; and, Any use of, visits to, or other
action that imposes an unreasonable or disproportionately large load on the
Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license
granted by John Muratori Ministries.
You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of the Site so long as
the link does not portray John Muratori Ministries, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any John Muratori Ministries logo or other proprietary graphic or trademark
as part of the link without express written permission.
John Muratori Ministries does
not review or control third-party sites that link to or from the Site, and is
not responsible for the contents of any third-party sites linked to or from the
Site.
Use
Restrictions
The copyright in
all material provided on this Site is held by John Muratori Ministries or by the original
creator of the material. Except as stated herein, none of the material may be
copied, reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the prior
written permission of John Muratori Ministries or the copyright owner. Permission is
granted to display, copy, distribute and download the materials on this Site for
personal, non-commercial use only, provided you do not modify the materials and
that you retain all copyright and other proprietary notices contained in the
materials. This permission terminates automatically if you breach any of these
terms or conditions. Upon termination, you must immediately destroy any
downloaded or printed materials. You also may not, without John Muratori Ministries 's
prior written permission, "mirror" any material contained on this Site on any
other server. Any unauthorized use of any material contained on this Site may
violate copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
All trademarks and registered
trademarks are the sole property of their respective owners. Photographs
courtesy of respective manufacturers. John Muratori Ministries and the Circle of Service
logo are trademarks of John Muratori Ministries Copyright © 2002
John Muratori Ministries.
Microsoft and the Passport Logo are either
registered trademarks or trademarks of Microsoft Corporation in the United
States and/or other countries and are used under license from
Microsoft.
Limitation of
Liability
UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, SHALL John Muratori Ministries BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO
USE, THE MATERIALS ON THIS SITE, EVEN IF John Muratori Ministries OR A John Muratori Ministries
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
Arbitration
By accessing the Site and using the information therein
available and/or by purchasing any products or services made available through
this Site, you agree with John Muratori Ministries, its service providers, agents,
employees, successors, assigns, affiliates, parents, subsidiaries and any
content provider or offer or of goods or services on this Site or through any
other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT
AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR
ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING
THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY
AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The
Code is available at http://www.arbitration-forum.com or can be obtained by
calling 1-800-753-9448. Notwithstanding any choice of law provision included in
this User Agreement, this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the
Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Bristol, CT. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete
arbitration.
Privacy
Please review our Privacy Notice, which also governs
your visit to this Site.
You are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under your account or password. If you are under 18, you may use the Site only
with a parent or guardian. John Muratori Ministries reserves the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in its sole
discretion.
Communications to
John Muratori Ministries
Any communication or material
you transmit to the Site by electronic mail or otherwise, including any data,
questions, comments, suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or post may be used
by John Muratori Ministries for any purpose, including but not limited to reproduction,
disclosure, transmission, publication, broadcast, and posting. Furthermore,
John Muratori Ministries is free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to John Muratori Ministries or the Site for any
purpose whatsoever, including but not limited to developing, manufacturing and
marketing products using such information.
Copyright
Complaints
If you believe
that your work has been copied in a way that constitutes copyright infringement,
please contact:
John Muratori Ministries
P.O. Box 855
Bristol CT,
06011
Phone: 203-272-1701
Fax:
Email: store@johnmuratori.org
Disagreement with These Terms
and Conditions
If you disagree with any of the
terms and conditions of this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
John Muratori Ministries Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS
OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY
THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER
HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH John Muratori Ministries. IN WHICH
CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This
Legal Contract
This Sale Agreement is a legal
contract between the Customer and John Muratori Ministries. The Customer accepts this
Sale Agreement by making a purchase, placing an order, or otherwise shopping on
the Site. (References to "you" or "your" shall relate to the Customer;
references to "John Muratori Ministries" shall relate to John Muratori Ministries and its
affiliates.) The terms and conditions of this Sale Agreement are subject to
change without prior notice, except that the terms and conditions posted on the
Site at the time the Customer initially places or modifies an order will govern
the order in question.
This Sale Agreement constitutes the entire
agreement between the Customer and John Muratori Ministries relating to the purchase or
sale of goods or services on the Site. The Sale Agreement may only be modified
or terminated with regard to goods or services that have been purchased or sold
on the Site in a writing signed by John Muratori Ministries. Electronic records
(including signatures), that are otherwise valid, shall be accepted under the
Sale Agreement. The Customer consents to receiving electronic records, which may
be provided via a web browser or e-mail application connected to the Internet;
consumers may withdraw consent to receiving electronic records or have the
record provided in non-electronic form by contacting John Muratori Ministries at the
address provided below.
In the event of any conflict between the
terms and conditions stated on your purchase order and this Sale Agreement or
any terms and conditions on our invoice, you agree that the provisions of this
Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF CT, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
DADE COUNTY, CT FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING
ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of
Loss
Title to goods herein being purchased is
retained by the seller until goods are paid for by the purchaser and at that
time title passes to the purchaser. Loss or damage that occurs during shipping
by a carrier selected by John Muratori Ministries is John Muratori Ministries's responsibility.
Loss or damage that occurs during shipping by a carrier selected by Customer is
Customer's responsibility. Title to software will remain with the applicable
licensor(s).
Export Sales
If goods herein being purchased are being purchased for
purposes of export, the Customer must obtain from the federal government certain
export documentation before shipping to a foreign country. In addition,
manufacturers' warranties for exported goods may vary or even be null and void
for goods exported outside the United States. The Customer should inquire
further regarding any questions. Any and all liability is only for the products
purchased.
General Legal
Disclaimer
John Muratori Ministries HEREBY EXPRESSLY
DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER BY John Muratori Ministries IN NO WAY AFFECTS THE TERMS OF THE
MANUFACTURER'S WARRANTY, IF ANY.
Internet
Disclaimer
Internet connectivity requires
access services from an Internet access provider. Contact your local access
provider for rates, terms and conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
Disclaimer
All products sold by John Muratori Ministries
are third party products and are subject to the warranties and representations
of the applicable manufacturers, including but not limited to Y2K compliance.
Accordingly, John Muratori Ministries makes no representation or warranty with respect to
the Y2K compliance of products sold.
Pricing and Information
Disclaimer
All pricing
subject to change. For all prices, products and offers, John Muratori Ministries reserves
the right to make adjustments due to changing market conditions, product
discontinuation, manufacturer price changes, errors in advertisements and other
extenuating circumstances. High volume bids are welcome!
While
John Muratori Ministries uses reasonable efforts to include accurate and up-to-date
information on the Site, John Muratori Ministries makes no warranties or representations
as to the Site's accuracy. John Muratori Ministries assumes no liability or
responsibility for any errors or omissions in the content on the Site.
Limitation of
Liability
John Muratori Ministries WILL NOT BE LIABLE
FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR
PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. John Muratori Ministries
WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR
LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY
RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, John Muratori Ministries IS NOT LIABLE
OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID
BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT,
OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY,
COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to
this Sale Agreement, its interpretation, or the breach, termination or validity
thereof, the relationships which result from this Sale Agreement (including, to
the full extent permitted by applicable law, relationships with third parties
who are not signatories to this Sale Agreement), John Muratori Ministries's advertising,
or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code
of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the
claim is filed. The Code is available at http://www.arbitration-forum.com or can
be obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this Sale Agreement, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on
the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Bristol, CT. Judgment on the award rendered by the arbitrator(s)
may be entered by any court having jurisdiction. Each party shall bear its own
cost of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest;
Taxes
Orders are not binding upon
John Muratori Ministries until accepted by John Muratori Ministries. Terms of payment are within
John Muratori Ministries's sole discretion. Invoices are due and payable within the time
period noted on the invoice, measured from the date of the invoice.
John Muratori Ministries may invoice parts of an order separately. Customer agrees to pay
interest on all past-due sums at the highest rate allowed by law. The Customer
is responsible for sales and all other taxes associated with the order.
Freight Policy
Shipping and handling charges on all orders vary; contact your
John Muratori Ministries account manager for our most current and competitive rates,
options and shipping specials. For the Customer's protection, we ship only to
the verified billing address of the Customer's credit card. In some
circumstances, international shipping may be available. Call for details.
Return
Policy
If you discover any defect in the item(s) delivered to you, please notify
us. You may return any defective item within 14 calendar days of delivery for a
replacement or a full refund. Returns for minor cosmetic defects or damages
caused by your negligence will not be accepted.
No
cancellation or modification of your order is allowed and no refunds will be
issued after you submit your order.
Credit Cards
Credit card
charges are processed online after ordering the products and/or
services.