Terms of service

OVERVIEW

This website (the “Site”) is operated by CORE Community Organized Relief Effort (“we,” “us,” and “our”). We offer the Site, including all information, tools and services available from the Site to you, the user (“you” or “your”), conditioned upon your acceptance of all provisions of these Terms of Service (these “Terms” or “Terms of Service”). 

By accessing, visiting or using any part of the Site and/or purchasing something from us, you agree to be bound by the Terms, including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to you and all other users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using the Site. If you do not agree to all the Terms, then you may not access the website or use the Site and the Services contained therein (e.g., the sale of products and services through the online store functionality) (the “Services”).

Any new features or tools that are added to the Site or Services shall also be subject to the Terms. You can review the most current version of the Terms at any time on this Site. We reserve the right, in our sole discretion, to update, change or replace any part of these Terms by posting updates and/or changes on the Site. It is your responsibility to check the Site periodically for changes to the Terms. Your continued use of or access to the Site and Services following the posting of any changes constitutes acceptance of those changes.

The store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell products and services to you.

SECTION 1 - USE OF SITE

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or other applicable jurisdiction of residence, or that you are the age of majority in your state. (Please note that we do not ship to locations outside the United States.) We do not permit users under the age of thirteen (13) years to use the Site, nor do we knowingly collect personally identifiable information from such users. You may not use the site if you are under eighteen (18) years of age or such higher legal age as is required in your jurisdiction to enter into a legally binding agreement.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the 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 all of your rights to access and use the Site and Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred and stored using unencrypted methods and that such transfer and storage 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 Services, use of the Services, or access to the Services or any contact on the Site through which the Services are provided, without obtaining our prior, express written permission.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. 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 timely sources of information.

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.

Any reliance on any material located on this Site is at your own risk.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify, discontinue or suspend the Services (or any part or content thereof, including any particular products or services offered through the Services) without notice at any time, or to make modifications to the product and service offerings (including descriptions and pricing of such) located thereon.

We shall not be liable to you or to any third-party for any such modification, discontinuation, suspension or price change of the Services (including the products and services provided through the Services).

SECTION 5 - PRODUCTS (if applicable)

Certain products may be available exclusively online through the Services. These products may have limited quantities and are subject to return or exchange only according to our Refund and Exchange Policy. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. Please note, however, that as computer monitor displays of colors vary, we cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to certain persons, geographic regions or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer.

Any offer for any product made on this site is void where prohibited.

We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us for any reason or no reason, without obligation or liability to you. We may, in our sole discretion, limit or cancel quantities purchased, on a per-person, per-household, per-order or other basis. 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 e‑mail 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, or that appear to be fraudulently placed.

If you create an account with us, you will have the opportunity to create a username and a password to access the Site and Services. You agree that you will not provide that login information to anyone else and that you will tell us if you suspect that anyone else has obtained access to that login information. You are solely responsible for all uses of that login information and for keeping that login information confidential. We are not be liable for any use of your login information, and you may be liable to us if we suffer losses due to any use of your login information by any third party.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that your information is kept current and so that we can complete your transactions and contact you as needed.

We take reasonable measures to protect the information that we collect from or about you from unauthorized access, use, or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.

For more detail, please review our Refund and Exchange Policy.

SECTION 7 - OPTIONAL TOOLS

Through the Site, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of all terms (if any) pursuant to which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Services may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send certain specific submissions (for example contest entries) or creative ideas, suggestions, proposals, plans, or other materials, whether at our request or otherwise, whether online, 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 such 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.

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 Services, the Site, or any other websites (including those related to or integrated in the Site, referred to herein as “related websites”). You may not use a false e‑mail 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.

We may, but have no obligation to, monitor, edit or remove content on the Site (including in the Services) that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Site or Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, 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 in the Site, Services 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, Services or on any related website, including without limitation, pricing information, except to the extent required by law. For clarity, portions of the Services, the Site and other websites may be updated, but this does not mean that all information therein has been updated.

SECTION 12 - PROHIBITED USES

In addition to and without limiting the other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or Services (including any content located therein): (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, age, national origin, or disability; (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, Services 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, Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site, Services or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITYWE MAKE NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SITE AND THE SERVICES, AND DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT. THE SITE AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.We do not guarantee, represent or warrant that your use of our Site or Services will be uninterrupted, timely, secure or error-free.

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA ARISING FROM OR IN CONNECTION WITH YOUR ACCESS AND USE OF THE SITE, INCLUDING ALL SERVICES, INFORMATION, AND CONTENT YOU ACCESS THROUGH THE SITE.

We do not warrant that the results that may be obtained from the use of the Site or Services will be accurate or reliable.

You agree that from time to time we may remove the Site or Services for indefinite periods of time or cancel the Services at any time, without notice or liability to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) 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, fitness for a particular purpose, durability, title, and non-infringement. YOU ASSUME THE ENTIRE RISK ACCESS TO AND USE OF THE SITE AND SERVICES (INCLUDING YOUR PURCHASE of any products or services through the Site and Services AND ALL INFORMATION AND CONTENT LOCATED THEREIN).

In no case shall we or CORE Community Organized Response Effort ("CORE"), and our and CORE’s respective directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, volunteers 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 Services or any products procured using the Services, or for any other claim related in any way to your use of the Service 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 Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. In the event 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. IN THE EVENT YOU ARE LOCATED IN A STATE OR OTHER JURISDICTION THAT DOES NOT PERMIT THE EXCLUSION OF SUCH LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND IN SUCH EVENT, OUR AGGREGATE LIABILITY TO YOU SHALL BE ONE HUNDRED DOLLARS ($100).

YOU AGREE THAT ANY CLAIM AGAINST US MUST BE INITIATED WITHIN TWELVE (12) MONTHS AFTER SUCH CLAIM AROSE, OR SUCH CLAIM IS FOREVER BARRED.

YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 13 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold us and CORE, and our and CORE’s respective parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, volunteers, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your access or use of the Site or Services, or 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 (including any claims brought by a third party in connection with any of the foregoing).

SECTION 15 - 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, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities incurred by you (including without limitation all amounts due to us) prior to the termination date under these Terms of Service shall survive the termination of these Terms of Service 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 at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

We may terminate your access to the Site and Services and these Terms of Service at any time, with or without reason, without notice to you (including in the event that, 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).

SECTION 17 - GENERAL

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.

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, 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.

These Terms of Service are entered into between you and us, and there are no third-party beneficiaries to these Terms of Service. These Terms of Service are binding on you, your successors, representatives, and assigns.

Our failure to enforce our exercise any of the rights or remedies available to us, whether in law or in equity, is not a waiver of any such rights or remedies, and we retain all such rights and remedies. The waiver by us of any right or remedy must be in writing and signed by a duly authorized representative of us in order to have the legal effect of a waiver.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

Any actions relating to these Terms of Service, the Site, the Service, or any information or content contained therein, including any dispute involving any of our directors, officers, employees, or affiliates (each, a “Dispute”) shall be governed by the laws of the State of California, without regard to its conflict of law provisions.

You agree to submit to the exclusive jurisdiction and venue of the relevant state or federal courts located in Los Angeles County, California with respect to such Dispute, except that with respect to imminent harm that requires injunctive relief, you agree that we may seek such an injunction in any court with applicable jurisdiction. You irrevocably consent to the personal jurisdiction of any and all such courts.

You acknowledge that our ability to provide the Site and Services at the prices set forth herein is made possible due to your agreement to this provision, and you agree that with respect to any Dispute, you acknowledge and agree that:

(a)       YOU WAIVE ANY RIGHT TO A TRIAL BY JURY; AND

(b)       YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, AND YOU GIVE UP ANY RIGHT TO SERVE AS A PRIVATE ATTORNEY GENERAL, IN ANY REPRESENTATIVE CAPACITY, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS IN ANY ACTION INVOLVING ANY SUCH DISPUTE

SECTION 19 - Digital Millennium Copyright Act.

We respond to each notice of suspected copyright infringement that we receive in accordance with applicable law. (See 17 U.S.C. 512(c)(3) within the U.S. Copyright Act for more information.) Our response may include removing access to allegedly infringing content and terminating the ability of certain users to access the Site and Services.

If you believe in good faith that a copyright belonging to you or another person have been infringed by the Site or Services, please let us know by providing the Designated Agent listed below a notice that complies with the requirements of 17 U.S.C. 512(c)(3) and the regulations promulgated thereunder, as such provision and regulations may be amended from time to time. Any notice we receive that does not comport with these requirements will be returned unprocessed to the sender. Further, please do not send notices containing attachments via email, as due to security concerns we are unable to process such.

Please note that the address listed below is provided solely so that you can send us the notices described in this section. Any correspondence you provide regarding any other topic, such as requests for technical support, general questions or comments, or requests to be unsubscribed from mailings, will not receive a response.

Designated Agent and Address:
CORE Community Organized Relief Effort
Attn: DMCA Agent – Legal Department
6464 Sunset Blvd., Suite #530
Los Angeles, CA 90028

SECTION 20 - CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS.

California users of the Site are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted via telephone at (800) 952-5210 or (916) 445-1254 or in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

SECTION 21 - CONTACT INFORMATION

If you have any questions about the Terms of Service, the Site or the Services, you may contact us at shop@coreresponse.org.