IMPORTANT NOTE: IF YOU LIVE IN THE UNITED STATES, SECTION 26.1 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE BETWEEN YOU AND HOLY GROUND COMMUNITY CHURCH. PLEASE READ IT.
Welcome to the Holy Ground Community Church Store at www.holygroundcc.ecrater.com. The Holy Ground Community Church Store is a website operated by Holy Ground Community Church (“Holy Ground Community Church,” “We,” “Us,” “Our”), located at 3425 MLK Jr. Way South, Seattle, WA 98144, USA.
HOLY GROUND COMMUNITY CHURCH STORE OR SERVICES IF YOU DO NOT AGREE TO THE HOLY GROUND COMMUNITY CHURCH STORE POLICIES.
Please note that if we have a Holy Ground Community Church Store located in your country, it may have different or additional policies and that Holy Ground Community Church may update or amend any policies without notice at any time.
Terms Relating to Your Use of the Holy Ground Community Church Store
1.Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Holy Ground Community Church Store and Services are for your personal and non-commercial use. You may not commercially distribute, publish, license, or sell any information or services obtained from the Holy Ground Community Church Store or Services.
Terms Relating to the Sale of Products to You
The Holy Ground Community Church Store is intended for use by customers who reside in the country/region serviced by this Website and there may be limits on where we can ship products as set forth in our shipping policies. To complete your purchase, you must have a valid billing and shipping address within that country/region.
9.End Users Only
You must be an end user to purchase products from the Holy Ground Community Church Store. Resellers are not eligible to purchase unless Amazon or Barnes and Noble.
Products purchased from the Holy Ground Community Church Store (including hardware, software and software downloads) may be subject to customs and export control laws and regulations. You agree to comply with all international and national laws and regulations that apply to you in relation to such products.
11.Accuracy of Billing and Account Information
You agree to provide current, complete, and accurate purchase and account information for all purchases made at the Holy Ground Community Church 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 in connection with your transactions.
12.Product Availability and Quantity and Order Limits
Product prices and availability are subject to change at any time and without notice. Holy Ground Community Church may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household
Holy Ground Community Church may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for obvious errors on the Website or made in connection with your order. If we are unable to supply the products or services that you ordered, we will contact you and may offer you an alternative product to consider instead. If you do not choose to purchase the alternative product, we will cancel your order. In the event of obvious errors on the Website or made in connection with your order, we reserve the right to correct the error and charge you the correct price. In that situation, we will contact you and offer you the option of purchasing the product at the correct price or canceling your order.
Credits or refunds will be made to the same method of payment and account used to place the order.
Other Terms and Conditions
15.Price and Payment
Prices at the Holy Ground Community Church Store will be as stated on the Website. If we have a Holy Ground Community Church Store in your country/region, the prices, product selection and promotions offered there may be different from those on the Website. Holy Ground Community Church does not guarantee that a price, product or promotion offered online will also be available or honored at a Holy Ground Community Church Store or vice versa.
Pricing is for individual consumers. If you want to purchase for a commercial, educational or government organization, please ask for information about our volume licensing programs.
The Holy Ground Community Church Store does not have a price match guarantee. We will not match the advertised price other retailers offer for the same items.
We may offer you the opportunity to pre-order a product from our Website before it is available for purchase. If you do, we may place a hold on your credit or debit card at the time of pre-order but will not charge your card until the product is available for download or we ship it. If the advertised price of the product decreases between the date you pre-ordered and the date the product is available for download or shipping, we will charge you the lower price. You may cancel your pre-order before the product is shipped or available for download by calling our customer support number located on our Sales and Support page. Once your pre-order is shipped or available for download, our normal return policies apply. We will indicate on the Website if different pre-order terms apply to a specific product.
Prices shown on the Website exclude all taxes or charges (“Taxes”) that may apply to your purchase. Prices shown on the Website also exclude delivery costs. Taxes and delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review the taxes and delivery costs before you confirm your purchase. Each item in your Shopping Cart is shown at the current price.
The Holy Ground Community Church Store offers different payment options as identified on our Website. We reserve the right to change our payment options at any time and for any reasons.
The Holy Ground Community Church Store’s return policy is in addition to any statutory return rights you may have under law.
ALL SALES ARE FINAL for items marked with a designation such as “Final Sale” or “Non-Returnable.”
• Items ordered from the Website cannot be returned to or exchanged at Holy Ground Community Church Stores. Similarly, items purchased at Holy Ground Community Church Stores cannot be returned or exchanged at the Website.
19.Limitations on Use by Minors
You must have reached the age of majority in your province/territory of residence to purchase products from the Holy Ground Community Church Store.
20.Privacy and Protection of Personal Information
Your privacy is important to us. We use certain information that we collect from you to operate and provide the Holy Ground Community Church Store and the Services. Additionally, we may also automatically upload information about your machine, your use of the Services and Service performance. Please read our Privacy Statement to learn about how we use and protect your information.
21.Product Display and Colors
Holy Ground Community Church attempts to display product colors and images accurately but we cannot guarantee that the color you see on your monitor will exactly match the product’s color.
22.Errors on Site
We work hard to publish information accurately, update the Website regularly and correct errors when discovered. However, any of the content on our Website may be incorrect or out of date at any given time. We reserve the right to make changes to the Website at any time, including to product prices, specifications, offers and availability.
HOLY GROUND COMMUNITY CHURCH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO PRODUCTS OR SERVICES SOLD ON THE MICROSOFT STORE. THEY ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY THAT MAY ACCOMPANY THEM. YOU UNDERSTAND THAT YOUR PURCHASE AND USE IS AT YOUR OWN RISK AND THAT WE PROVIDE PRODUCTS AND SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE MICROSOFT STORE OR SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE MICROSOFT STORE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.
25.Limitation of Liability
If, despite the other sections of this Contract, Holy Ground Community Church is found liable to you for any loss or damage that arises out of or is in any way connected with your use of the Holy Ground Community Church Store, the Services, or any product or service offered, you agree that your exclusive remedy is to recover from Holy Ground Community Church or any affiliates, resellers, distributors, and vendors direct damages up to (1) an amount equal to the price or fee for one month of any service, subscription or similar fee (not including the purchase price for hardware, software, support, or extended warranties), or (2) US $100.00 if there was no service, subscription or similar fee.
YOU AGREE THAT YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF YOU INCUR DAMAGES AND EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING RELATED TO THE HOLY GROUND COMMUNITY CHURCH STORE, THE SERVICES, THIS CONTRACT, OR ANY PRODUCT OR SERVICE OFFERED, INCLUDING LOSS OF CONTENT; DELAYS OR FAILURES IN STARTING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS; CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; CONSUMER PROTECTION; DECEPTION; UNFAIR COMPETITION; STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION, OMISSION, TRESPASS OR OTHER TORT; VIOLATION OF STATUTE OR REGULATION; OR UNJUST ENRICHMENT.
26.General Legal Terms Including Binding Arbitration and Class Action Waiver26.1. ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES. This Section 26.1 applies to any dispute EXCEPT THAT IT DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, MICROSOFT’S, OR EITHER OF OUR LICENSOR’S INTELLECTUAL PROPERTY RIGHTS. “Dispute” means any dispute, action, or other controversy between you and Holy Ground Community Church concerning the Holy Ground Community Church Store, the Services, this Contract, or any product or service offered, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.26.1.1. Notice of Dispute. In the event of a dispute, you or Microsoft must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Holy Ground Community Church, ATTN: LCA ARBITRATION, 3425 MLK Jr. Way South, Seattle, WA 98144. Holy Ground Community Church will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your e-mail address. You and Holy Ground Community Church will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Holy Ground Community Churchmay commence arbitration.
26.1.2. Small Claims Court. You may also litigate any dispute in small claims court in your county of residence or King County, Washington, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
26.1.3. Binding Arbitration. IF YOU AND HOLY GROUND COMMUNITY CHURCH DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION OR IN SMALL CLAIMS COURT, ANY OTHER EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
26.1.4. Class Action Waiver. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR MICROSOFT WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
26.2. Interpreting the Contract
All parts of this Contract apply to the maximum extent permitted by the relevant law; you may have greater rights in your jurisdiction of residence. If it is determined that we can’t enforce a part of this Contract as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Contract won’t change. Section 26.1.8 says what happens if parts of Section 26.1 (arbitration and class action waiver) are found to be illegal or unenforceable, and prevails over this Section 26.2 if inconsistent with it. Other terms may apply if you purchase products from other Holy Ground Community Church websites.
We may assign, transfer or otherwise dispose our rights and obligations under this Contract, in whole or in part, at any time without notice to you. You may not assign this Contract or transfer any rights under it.
26.4. No Third-Party Beneficiaries
This Contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns.
26.5. Notices and Communication
For customer support inquiries, please see the Sales and Support page on the Website. For disputes, follow the notice procedure in Section 26.1.
26.6. Governing Law
The laws of the state or province where you live govern the interpretation of this Contract, claims for breach of it, and all other claims (including claims for breach of contract, breach of warranty, consumer protection, unfair competition, and tort claims), regardless of conflict of law principles. If you live in the United States, you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA, for all disputes arising out of or relating to the Holy Ground Community Church Store, the Services, this Contract, or any product or service offered, that are heard in court (not arbitration and not small claims court). “State” means a State, the District of Columbia, and any other United States territory or possession. “The United States of America” includes all of them.
Notifications of claimed copyright infringement should be sent to Holy Ground Community Church's designated agent. For details and contact information, see Notice and Procedure for Making Claims of INQUIRIES THAT ARE SUBMITTED BUT ARE NOT RELEVANT TO THE PROCEDURE WILL RECEIVE NO RESPONSE.