User
Agreement
Thank you for using Bishop Gorman High
School’s on line services. Please read this User Agreement and policy
(“Agreement”) carefully before using any of the services and/or
Website described below. By using the services and/or Website
you are acknowledging that you have read and understood this Agreement
and that you agree to be bound by the terms, conditions and policies
of the Agreement. If you do not agree to be bound by the Agreement,
promptly exit the service/Website without use of same.
This Agreement is a legally binding
contract between you and The Roman Catholic Bishop of Las Vegas and
His Successors, a corporation sole on behalf of Bishop Gorman High School
(“BGHS”) and applies to all use of on-line services relating to
BGHS, including, without limitation, the BGHS Website and any related
products and/or services purchased through the on-line bookstore (collectively
the “Website”).
Definitions/General terms.
“You” or “your” means any person
or entity using the Website (“Users” or “users”). Unless otherwise
provided, “Bishop Gorman High School,” “BGHS,” “we” or “our”
will refer collectively to BGHS. By clicking “I Agree,” “I
Accept,” and/or by using the Website in any way you agree to the terms
and conditions of this Agreement, our privacy policy, terms of use,
security precautions and any other term, condition, policy or practice
relating in any way to the Website.
Account and Registration.
You will be asked to select a password
when you set up an account. You must be at least 18 years of age.
You acknowledge and agree that you are solely responsible for maintaining
the confidentiality of your password. You agree that all information
used to create any account is/will be accurate, authentic and complete.
You agree not to create an account for anyone else. You agree you will
not impersonate any other person or use in any way a name, information
or any other data (financial or otherwise) that is not your own. It
is your responsibility to update your information to keep your account
information accurate. You agree to notify BGHS immediately, in
writing, if you suspect any unauthorized use of your account or unauthorized
access of any kind to your password. You are solely responsible for
any and all use of your account. BGHS has the right to terminate
your account for any reason at BGHS’s sole discretion.
Fees/Taxes.
All shipping and handling fees that
BGHS will charge a user will be displayed during checkout. You are responsible
for any taxes, including, without limitation, sales taxes, and any other
tax resulting from your use of the Website. Payments not paid
when due, chargebacks or other forms of nonpayment (not resulting from
an authorized return), shall be subject to late charges and collection
fees (including, without limitation attorneys fees) arising from efforts
to collect any past due amounts from you.
Order Acceptance Policy.
Your receipt of an electronic or other
form of order confirmation does not signify our acceptance of your order,
nor does it constitute confirmation of our offer to sell. BGHS reserves
the right at any time after receipt of your order to accept or decline
your order for any reason or to supply less than the quantity you ordered
of any item.
Shipping Policy.
BGHS merchants use UPS to
ship items purchased on the Website. Products usually ship the
next business day if ordered by 2:00pm PST time, or usually by the next
business day if your order is received after this time and for orders
received on Saturday, Sunday or any school recognized holiday. The shipping
charges are calculated by the actual weight based charges by using third-party
systems and will be displayed during checkout. BGHS cannot guarantee
shipment time or when an order will arrive. Consider any shipping or
transit time offered to you by BGHS or other parties an estimate only.
BGHS encourages you to order in a timely fashion to avoid delays.
You agree to not hold BGHS responsible for shipping problems that may
cause your package to be received late.
Out-of-Stock Products.
There may be times when the item(s)
you have ordered are out of stock, which will delay filling your order.
BGHS will try to keep you informed of any item(s) that you have ordered
that are out of stock and unavailable for immediate shipment. As to
out of stock products, you may cancel your order at any time prior to
shipping.
Multiple Product Orders.
For a multiple-product order, we will
make every attempt to ship all products contained in the order at the
same time. Products that are unavailable at the time of shipping
will be shipped as they become available, unless you inform us otherwise.
You will be charged for shipping at the rate quoted to you on your purchase
receipt.
Typographical Errors.
In the event that a product is listed
at an incorrect price due to typographical error or an error in pricing
information received from our suppliers, BGHS shall have the right to
refuse or cancel any orders placed for the product listed at the incorrect
price, whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is canceled, BGHS shall immediately issue a credit to
your credit card account in the amount of the incorrect price charged
to your credit card account.
Email.
You agree that any notifications or
receipts from BGHS will be delivered to you by email at the email address
you have provided to BGHS when you created your account or as later
updated. You hereby agree and acknowledge that BGHS is not responsible
to notify you in any way other than by email. You acknowledge that BGHS
will not ask you for your personal information, account username and
password, or any of your credit card information via email. BGHS will
have no responsibility for any misuse of such information if you provide
such information via email.
Payments/Processing.
Any person who desires to use any Website
and/or service must have a confirmed credit card in order to make payments
to BGHS. BGHS accepts Visa, MasterCard, and AMEX. BGHS reserves the
right to store your credit card information and to charge it if the
user has not followed all of the agreements and policies set forth in
this Agreement and on the Website. BGHS will make reasonable efforts
to process your transactions in a timely manner. You agree not to hold
BGHS responsible in the event BGHS does not credit or debit your credit
card for a period of time due to circumstances beyond BGHS’s control.
BGHS makes no guarantees regarding the processing time for charges.
Stolen Accounts.
It is your responsibility to keep your
account information private. In the event that your account is used
by an unauthorized party you may cancel it immediately, however BGHS
is not responsible for any charges that were expensed on your account.
Refunds.
BGHS will issue a refund if the refund
is requested in writing within 30 days of you receiving your order.
If the refund is for any reason other than BGHS’s error (i.e. we sent
you the wrong item, or the item was damaged) then BGHS will refund your
money minus the cost of shipping. Any refund request that is not received
within this 30 day time period will not be accepted.
Privacy.
BGHS agrees not to sell your personal
information to any third party. Please refer to the BGHS
official site for the detailed privacy policy. http://bishopgorman.org
Use of Service.
You agree not to use the Website in
any way other than what is deemed appropriate by BGHS. You may not use
in any way the Website (or any service/product), data or other information
in any form that is provided by BGHS or its vendors for anything other
than to buy items from the Website. Any other use of the Service or
information will not be allowed without BGHS’s prior written consent.
Prohibitions regarding personal
data.
Users may not collect, or otherwise
track, monitor,
• Collect personal data
We reserve the right to refuse
service or access to the Website to anyone who, in our sole
discretion, misuses the Website
in any way, including, without limitation, violates any
prohibitions, violates this Agreement
in any way, demonstrates what BGHS believes to be a
Copyright and Trademark Notice
This site is owned and operated by
BGHS. Unless otherwise specified, all materials appearing on this site,
including, without limitation, the text, site design, logos, graphics,
icons and images, as well as the selection, assembly and arrangement
thereof, are the sole property of BGHS, ALL RIGHTS RESERVED. You may
use the content of this site only for the purpose of shopping on this
site or placing an order on this site and for no other purpose. No materials
from this site may be copied, reproduced, modified, republished, uploaded,
posted, transmitted or distributed in any form or by any means without
BGHS's prior written permission. All rights not expressly granted herein
are reserved. Any unauthorized use of the materials appearing on this
site may violate copyright, trademark and other applicable laws and
could result in criminal or civil penalties.
Indemnity.
You agree to indemnify, defend and
hold harmless BGHS, its subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, from and against any loss,
liability, claim, or demand, including reasonable attorneys’ fees,
due to or arising out of your use of the Website or the Service in violation
of this Agreement and/or arising from a breach of this Agreement and/or
any breach of your representations and warranties set forth in this
Agreement.
Modifications.
BGHS may modify this Agreement from
time to time and such modification shall be effective upon posting by
BGHS on the Website. You agree to be bound to any changes to this Agreement
when you use the Website or the Service after any such modification
is posted. It is therefore important that you review this Agreement
regularly to ensure you are updated as to any changes.
Entire Agreement.
This Agreement sets forth the complete,
final and exclusive agreement between the User(s) and BGHS (also referred
to jointly as “parties”)with respect to the subject matter hereof,
and all of the covenants, promises, agreements, warranties, representations,
conditions and understandings between the parties hereto with respect
to such subject matter, and supersedes and terminates all prior agreements
and understandings between the parties with respect to such subject
matter. There are no covenants, promises, agreements, warranties, representations,
conditions or understandings, either oral or written, between the parties
with respect to such subject matter other than as are set forth herein
and therein.
Governing Law, Jurisdiction and
Venue.
This Agreement will be governed and
construed in accordance with the laws of the State of Nevada. No lawsuit
pertaining to any matter arising under or in any way related to, or
growing out of, this Agreement shall be instituted in any jurisdiction
other than in the courts located in the State of Nevada, and the parties
consent to exclusive jurisdiction before the federal or state courts
of the State of Nevada.
Changes, Amendment and/or Modifications.
Should the terms of this Agreement
be changed, in BGHS’s sole discretion, we will post these changes
on the Website and such change, amendment or modification will be effective
upon posting. You agree to be bound by any such change, amendment
or modification when you use the Website after any such posting.
Headings.
The headings for each article and section
in this Agreement have been inserted for convenience of reference only
and are not intended to limit or expand on the meaning of the language
contained in the particular article or section.
Limitations of Liability/User’s
Exclusive Remedy.
YOU ARE ENTIRELY RESPONSIBLE FOR AND
ASSUME ALL RISK FOR USE OF THE WEBSITE.
BGHS IS NOT RESPONSIBLE FOR TRANSMISSION
ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS
LINES. THIS WEBSITE IS PROVIDED AS-IS, WITHOUT WARRANTY OF ANY
KIND. BGHS SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED
OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY AND
TITLE/NONINFRINGEMENT. IN NO EVENT SHALL BGHS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, NEGLIGENCE,
INFRINGEMENT, LOSS OF DATA OR BUSINESS INFORMATION) WHATSOEVER WHETHER
ARISING IN CONTRACT OR TORT ARISING OUT OF OR CONNECTED OR RELATED IN
ANY WAY TO THE USE OR INABILITY TO USE THE WEBSITE AND/OR SERVICE, EVEN
IF BGHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE
THAT BGHS’S ENTIRE AND EXCLUSIVE LIABILITY UNDER THIS AGREEMENT SHALL
NOT EXCEED, IN THE AGGREGATE, $1.00.
Release and Waiver.
User, jointly and severally, does hereby
fully release, waive and discharge BGHS, its respective affiliated and/or
subsidiary entities, together with any and all past and present trustees,
receivers, board/council members, employees, officers, directors, agents,
representatives, subsidiaries, unincorporated divisions, insurance carriers,
sureties, consultants, attorneys, successors, assigns, heirs, executors,
administrators, members, servants, invitees, other licensees, and related
persons, predecessors, entities and companies of and from all claims,
actions, causes of action, judgments, demands, rights, debts, agreements,
promises, liabilities, losses, damages, costs and expenses of every
nature, character, description and amount including attorneys fees and
costs, either known or unknown, without limitation or exception, whether
based on theories of contract, breach of contract, breach of the covenant
of good faith and fair dealing, tort, violation of statute or ordinance,
or any other theory of liability or declaration of rights whatsoever,
which User may now have or may hereafter acquire, whether asserted or
not, arising directly or indirectly from or based on any cause, event,
transaction, act, omission, occurrence, condition or matter, of any
nature or kind whatsoever, which has occurred to date, or may hereafter
occur and which is in any manner or to any event related to any act,
omission, failure to act, breach to be done or omitted to be done by
Licensor, relating to or arising out of User’s use of Website.
