Catherine Pooler LLC (“Company”) welcomes you to www.shop.catherinepooler.com (“Site”).
BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
USE OF SITE
This Site is provided for the use of current and future customers of Company and to provide you with information about the Company, to permit you to place orders for our products, and to enable you to contact us with any questions or comments that you may have. Any other use of this Site is prohibited.
You may not use any features of this Site that permit communications or postings to post, transmit, display, or otherwise communicate any of the following:
- Any defamatory, threatening, obscene, harassing, or otherwise unlawful information or language;
- Any advertisement, solicitation, spam, chain letter, or other similar type document or of information;
iii. Any encouragement of illegal activity;
- Unauthorized use or disclosure of private, proprietary or confidential information of others; or
- Unauthorized use or disclosure of any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
In order to use certain features of the Site, you will need to create an account with us (“Account”), and provide certain information about yourself as prompted by the Site’s registration form. You represent and warrant that: (i) all required registration information you submit is truthful and accurate; and (ii) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. We reserve the right to suspend or terminate your Account in accordance with sections below. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, suspected unauthorized use of your Account, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You agree to provide the Company with true, accurate, current and complete information about yourself when such information is requested by us (whether by questionnaires, surveys; registration forms or other informational requests). You also agree to keep this information up to date at all times.
USER AGE REQUIREMENTS
To purchase from or become a user of the Service, you must be at least eighteen (18) years old or over.
DELETION OF INACTIVE ACCOUNTS
The Company reserves the right to delete your Account if it has been inactive for more than one (1) year. The Company will use commercially reasonable efforts to send you an email notice alerting you to the potential deletion of your Account from the Site. If your Account remains inactive for ten (10) days after the Company sends you the email notification, the Company will delete your Account, the Content contained in your account, and any personally identifiable information related to your Account.
SITE CONTENTS AND OWNERSHIP
The information contained on this Site, including without limitation, all images, designs, photographs, writings, graphs, data, courses, programs, and other content (“Materials”) are the property of Company and are protected by various copyrights, trademarks, trade secrets, and or other proprietary rights.
Permission is granted to display, copy, distribute, download, and print portions of this Site solely for the purposes of using this Site for the authorized uses described above. You must provide correct attribution to Company.
I am glad to have you share my content, but you must retain all copyright and other proprietary notices on all copies of the Materials.
You shall comply with all copyright laws worldwide in your use of this Site and prevent unauthorized copying of the Materials. Except as provided in this Agreement, Company does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
PAYMENTS AND FINANCIAL INFORMATION
Except where otherwise indicated, all sales are considered final. Company reserves the right to provide any refunds in its sole discretion.
If Company determines that you have illegally shared its MATERIALS and revokes your access to the Site, then Company will not grant to a refund.
Company charges sales tax for merchandise ordered on this Site based on the applicable state sales tax rate and the location to which the order is being shipped.
DISCLAIMER OF WARRANTY
You expressly agree that use of this Site is at your sole risk. Any warranty that is provided in connection with any of the products and services described on this Site is provided by the advertiser or manufacturer only, and not by Company.
Neither Company, nor any of its affiliates or their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Company does not warrant reliability of any statement or other information displayed or distributed through the Site.
Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Company may make any other changes to this Site, the Materials and the products, programs, services, or prices (if any) described in this Site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and defend Company, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this Site must be commenced within six months after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, Company may immediately discontinue, suspend, terminate, or block your and any user’s access to this Site at any time in our sole discretion.
As a convenience to you, we may provide on this Site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this Site. If you decide to visit any Linked Sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by COMPANY. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Company.
Except as clearly and expressly stated, Company does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Company.
Links do not imply that Company or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Company or any of its affiliates or subsidiaries.
Except for links to information authored by Company, Company is neither responsible for nor will it be liable under any theory based on
i. any Linked Site;
ii. any information and/or content found on any Linked Site; or
iii. any site(s) linked to or from any Linked Site.
If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Company reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the web masters of any Linked Sites concerning any information, goods, and/or services appearing on them.
CONTROLLING LAW, JURISDICTION,
AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of North Carolina, U.S.A., without reference to its conflict-of-law provisions.
Company makes no representation that the materials are appropriate or available for use outside the United States. If you access this Site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Wake County, North Carolina, USA for any disputes with Company arising out of your use of this Site.
If you receive a "cannot ship to your country" message at checkout, please contact us so we may assist you in getting your order processed.
Shipping times vary greatly. Please be aware that shipping can take up to 5 weeks depending on the destination. We make every effort to get your order mailed by the next business day. After that we have no control over package delivery times. Please be advised that tracking information is not available for 1st Class Mailings.
Guardian Logistics marks all custom forms with actual paid values, and is not responsible for any taxes or duties incurred by International customers, as these fees are charged to you by your individual country, and are not within our control.
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Company is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
Although the information on this Site is accessible worldwide, not all products or services discussed in this Site are available to all persons or in all geographic locations or jurisdictions. The Company and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Site is void where prohibited.
This Agreement constitutes the entire agreement between Company and you with respect to this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Company with respect to this Site.
If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this Site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Company does not and will not assume any obligation to notify you of changes to this Agreement. If you object to any such changes, your sole recourse will be to cease using the Site. Otherwise your continued use of the Site following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Agreement, inclusive of such changes.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including but not limited to any consent you give to receive communications from Company solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All content appearing on this Site is the property of Catherine Pooler, LLC
Copyright ©. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: “Copyright © Catherine Pooler, LLC. All rights reserved.”
Any reproduction of these pages for commercial purposes or for distribution to other persons is a violation of United States Copyright law and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works, or in any other way exploit any of the copyrighted works without first obtaining the Company’s written consent. All product names, trademarks, service marks, or other images in this Site are either the property of the Company, or used with permission by the Company, and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited.
All brand, product, service, and process names appearing on this site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Company. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Company or any third party, except as expressly granted herein [in our Angel Policy].
USE OF SITE
This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Company and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Company believes that customer conduct violates applicable law or is harmful to the interests of Company and its subsidiaries.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.