Terms of Service
This website is operated by Choices Pittsburgh, Inc. (hereinafter referred to as “Choices”). Throughout the site, the terms “we”, “us” and “our” refer to Choices. Choices offers this website (hereinafter referred to as the “Site”) including all information, tools and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service(s)” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing, using and/or transacting on our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes, without additional notice or reminders.
Our store Site is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS:
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site or our Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the terms will result in an immediate termination of your Services and/or access to our Site.
GENERAL CONDITIONS:
We reserve the right to refuse Services to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SPECIAL ORDERS:
All made to order pieces may take up to 8 weeks for delivery. We will notify you when your made to order piece will be shipped to you.
I understand that my special order is final and item(s) cannot be cancelled, returned, or exchanged. I agree to pay the full amount upon placing my order.
We do not do custom orders online.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION:
We are not responsible if information made available on this Site is not accurate, complete, current or warrantied. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on this Site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
MODIFICATIONS TO THE SERVICE AND PRICES:
Prices for our products are subject to change without notice.
We reserve the right, at any time, without notice, to modify or discontinue the Services (or any part or content thereof).
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
PRODUCTS OR SERVICES:
Certain products or services may be available exclusively online through this website. These products or Services may have limited quantities, styles or sizes and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors, details and functionality in the images of our products that appear on our store Site. We cannot guarantee that our pictures or your computer monitor's display of any color and other features will be accurate or that every aspect of a product will be displayed.
We reserve the right, but are not obligated to limit the sales of our products 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, styles or sizes of any products or Services that we offer.
Descriptions of products on this Site are for reference purposes only. Descriptions of products on this Site may not be full descriptions and may not be accurate and may rely on descriptions and/or representations made by designers and other third party manufacturers. All descriptions of products or product pricing are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality or origin of any products, 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 AND 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 email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on this Site. You agree to promptly update your account and other information, including your email address, correct billing address, shipping address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS:
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, reviews whether online, by posting comments, writing reviews, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we, in our sole discretion, for any reason or for no reason, determine is unlawful, offensive, threatening, libelous, defamatory, constitutes intentional interference with business relations, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION:
Your submission of personal information through the Site is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS:
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, sizing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or in the Terms of Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site or in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site, including the Service or on any related website, should be taken to indicate that all information in the Site, including the Service or on any related website has been modified or updated.
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 gender, sexual orientation, religion, ethnicity, race, color, age, national origin, disability, pregnancy status, gender identity or expression or family status; (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 Site 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 Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site or Service will be accurate or reliable.
You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site or Service, at any time, without notice to you or to any person using this site, at your direction or at your behest or in conjunction with you.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us, in writing) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, freedom from defects, fitness for a particular purpose, durability, workmanship, title, and non-infringement.
In no case shall Choices Pittsburgh, Inc. our officers, employees, affiliates, successors, assigns, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or Service and/or any products procured using the Site, or for any other claim related in any way to your use of the Site or Service and/or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any content (or product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION:
You agree to indemnify, defend and hold harmless Choices Pittsburgh, Inc. and its affiliates, successors, assigns, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY:
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION:
The obligations and liabilities of the parties incurred prior to any termination of this Site and/or the Services or any termination date cited herein shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service, except those obligations described herein that survive termination, at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT:
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision or a waiver of any other provision of these Terms of Service.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW AND VENUE:
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws and courts of the Commonwealth of Pennsylvania, United States, with regard to all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to this agreement.
CHANGES TO TERMS OF SERVICE:
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION:
Questions about the Terms of Service should be emailed to us at info@choicespittsburgh.com