DEFINITIONS:
In this Agreement:
"TeG" shall mean, eMerchandise, eMerchandise.com, and
eMarket Group, Ltd, an Oregon corporation.
"Customer" shall mean anyone who orders from this site, submits a credit
card number on this site for themselves or others, authorizes an order to be placed on their behalf, or otherwise uses
this site. Customer means you.
While this is the specific legalese for our agreement, all of the promises, representations, limitations and conditions listed or described throughout the site are part of any agreement between Customer and TeG.
Venue:
This Agreement shall be governed by, and construed in accordance with,
the laws of the State of Oregon. TeG and Customer agree that should
litigation occur, venue shall be solely in Multnomah County, State of
Oregon.
Arbitration and Litigation:
Any disputes under this Agreement shall be determined by binding
arbitration. If the parties cannot agree on an arbiter, each party
shall choose one arbiter, those two arbiters shall mutually choose a
third arbiter. The dispute will be resolved by that three arbiter
panel using the rules agreed upon by that three arbiter panel.
The prevailing party in any such arbitration shall be entitled to
receive from the other party the costs of such arbitration, including
reasonable attorney fees. In the event it is necessary to enforce the
terms of this contract or that arbitration, in a court of law or equity
the prevailing party shall be entitled to reimbursement of its
reasonable costs and fees, including attorney's fees, even if no case is
filed, or at trial, and on appeal.
Severability:
If any provision of this Agreement shall be found invalid, illegal or
unenforceable, in whole or in part, neither the validity of the
remaining part of such provisions nor the validity of any other
provision shall be in any way affected and shall be given full force and effect.
Liability & Warranties
TeG's liability is limited to the retail price of the item purchased.
TeG is not liable for consequential or incidental damages, even if TeG
has been informed of the circumstances. TeG does not make any warranties
of merchantability, or fitness for a particular purpose, express or
implied.
TeG reserves the right to limit quantities, or to refuse to sell items if those items have been listed with incorrect price, description, or material information.
Waiver:
Any failure by any party to enforce any provision hereof shall not in
any way affect the subsequent right of such party to enforce such
provision or any other provision.
No Returns:
No Returns will be allowed on "BLOWOUT" sale items, "SPECIAL" orders, or on wholesale orders
without prior approval. For more information, see our return policy.
Permissions Customer Grants TeG:
Under these terms and conditions Customer gives TeG permission to charge Customer's credit card for merchandise shipped or services performed consistent with Customer's order, share Customer's information as necessary to process Customer's order, contact Customer about Customer's order and contact Customer to follow up with Customer after Customer's order. |