ACCEPTANCE OF TERMS
If you disagree with any part of these terms and conditions, please do not use our website/blog “Racaire’s Workshop” and its shop.
The term “Racaire’s Workshop” or “us” or “we” or “our” refers to the owner of the website/blog and shop whose registered office is “Racaire’s Workshop”, located at 4863 Antioch Road, Cresview, Florida 32536. For further contact information please visit the About us page. The term “you” refers to the user or viewer of our website/blog.
This TOS constitutes the entire agreement between you and Racaire’s Workshop and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Racaire’s Workshop. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Racaire’s Workshop Services, affiliate Services, third-party content or third-party software.
DESCRIPTION OF WEBSITE SERVICES OFFERED
This Site is a website/blog and a shop (e-commerce) website for the purchase of Racaire’s handcrafted products. By visiting our Site and/or purchasing something from Racaire’s Workshop, you engage in our Services and agree to be bound by the TOS (Terms of Service Agreement).
Any and all visitors to our Site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual register’s for our Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Racaire’s Workshop. At its discretion, Racaire’s Workshop may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Racaire’s Workshop does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Racaire’s Workshop shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services immediately.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Racaire’s Workshop shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
The content of the pages of this website/blog and shop is for your personal information and use only. It is subject to change without notice. The author explicit reserves the right to alter, to add or to delete parts of the content, postings and pages or to shut down the whole offer temporarily or finally without special announcement.
The content of the pages of this webite/blog and shop was created with the greatest care but neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website/blog for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website/blog is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website/blog meet your specific requirements.
From time to time, this website may also include links to other websites and blogs. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s)/blog(s). We have no responsibility for the content of the linked website(s)/blog(s). We use affiliate programs when linking to books on Amazon.com or Amazon.de – when you order a book using this links, a small percentage of your purchase will be credit to our affiliate account.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of US – court of jurisdiction: Crestview / Florida.
All prices shown are exclusive tax. Sales tax will be applied where applicable to Florida tax law. All offers are without obligation. For international customers: customs and duties are the responsibility of the receiving customer.
COPYRIGHT & TRADEMARK INFORMATION
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Works, pictures, texts, documents & patterns displayed here are not to be copied or used in any way, shape or form without our explicit permission – all rights reserved.
Any retransmission for commercial purpose or on other blogs, websites, forum/news servers, other internet-platforms which include but are not limited to, facebook, pinterest, or any kind of handout or publication without our explicit permission is prohibited. Reproduction is prohibited unless stated otherwise. Excluded from this prohibition are just pictures which are shared by us on our facebook fanpage and by Anna E. Dockery on pinterest in the folder “Racaire” as long as the reference to our blog “www.racaire.com” or “Racaire’s Workshop” remains clearly stated.
You herein acknowledge, understand and agree that all of the Racaire’s Workshop trademark, copyright, trade name, service marks, and other Racaire’s Workshop logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Racaire’s Workshop. You herein agree not to display and/or use in any manner the Racaire’s Workshop logo or marks without obtaining Racaire’s Workshop’s prior written consent. If you would like to use our material – works, pictures, texts, patterns,… – you can send us a request via the contact form. We will answer every request as soon as possible.
All pictures used in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Racaire’s Workshop’s Site.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Racaire’s Workshop will always respect the intellectual property of others, and we ask that all of our users do the same. With regard to appropriate circumstances and at its sole discretion, Racaire’s Workshop may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you believe any materials accessible on or from the site (including content submitted by other users) infringe your copyrights, you may request removal of those materials, or access thereto, by contacting us via our contact page and providing following information:
A) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
B) A description of the location of the site which you allege has been infringing upon your work;
C) Your physical address, telephone number, and email address;
D) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
E) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
F) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Racaire’s Workshop’s Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, Racaire’s Workshop may collect information such as your name, e-mail address, birth date, mailing address and personal interests. You can edit your account information at any time. Once you register with Racaire’s Workshop and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Racaire’s Workshop will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Racaire’s Workshop’s Services, or any portion thereof.
It is Racaire’s Workshop’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. If you are under the age of 13, you are not permitted to use the Site. If you are at least 13 years of age, you must be using the Site under the supervision of a parent of legal guardian who has agreed to be bound by the TOS on your behalf. If you are a parent or legal guardian who has agreed to be bound by the TOS on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Racaire’s Workshop immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Racaire’s Workshop shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
While Racaire’s Workshop will use its best efforts to fulfill all orders, Racaire’s Workshop cannot guarantee the availability of any particular product displayed on the Site. Racaire’s Workshop reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
Racaire’s Workshop will track all of the purchases that you make online while logged into your account. You acknowledge and agree that Racaire’s Workshop owns all the data and information concerning your tracked purchases and will continue to own this data and information even if your account is deactivated for any reason.
All description of products or product pricing are subject to change at any time without notice, at the sole discretion of Racaire’s Workshop.
Racaire’s Workshop reserves the right to limit the quantity of items purchased per person, per account, per household, and per order as determined in its sole discretion. These restrictions may be applied to the same account, same credit card, and/or the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the TOS. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and/or services that you have requested.
All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such purchases passes to you upon Racaire’s Workshop’s delivery of the items or products to the carrier. For international customers: customs and duties are the responsibility of the receiving customer.
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Racaire’s Workshop Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Racaire’s Workshop.
Furthermore, you herein agree not to make use of Racaire’s Workshop Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Racaire’s Workshop officials, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
j) interfering with or disrupting any Racaire’s Workshop Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Racaire’s Workshop herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
Racaire’s Workshop herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Racaire’s Workshop, its visitors, users and members, including the general public.
Racaire’s Workshop herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Racaire’s Workshop or any other content providers supplying content services to Racaire’s Workshop. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations, as well as the sanctions control program of the United States. Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Racaire’s Workshop shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Racaire’s Workshop the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Racaire’s Workshop’s Site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Racaire’s Workshop’s Site, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Racaire’s Workshop’s Site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Racaire’s Workshop’s Site and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Racaire’s Workshop’s Site, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Racaire’s Workshop’s Site are those areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
Racaire’s Workshop provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Racaire’s Workshop shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) Racaire’s Workshop shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of Racaire’s Workshop; and
e) Racaire’s Workshop is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or members herein agree to insure and hold Racaire’s Workshop, our subsidiaries, affiliates, members, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Racaire’s Workshop Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Racaire’s Workshop may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Racaire’s Workshop, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Racaire’s Workshop’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that Racaire’s Workshop has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Racaire’s Workshop shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Racaire’s Workshop shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of Racaire’s Workshop, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request.
As a member, you agree that Racaire’s Workshop may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your Racaire’s Workshop account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with Racaire’s Workshop shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within Racaire’s Workshop;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Racaire’s Workshop shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Racaire’s Workshop or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Racaire’s Workshop shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Racaire’s Workshop’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Racaire’s Workshop or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Racaire’s Workshop Services (e.g. Content or Software), in whole or part.
Racaire’s Workshop herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Racaire’s Workshop for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF RACAIRE’S WORKSHOP SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. RACAIRE’S WORKSHOP AND OUR SUBSIDIARIES, MEMBERS, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) RACAIRE’S WORKSHOP AND ITS SUBSIDIARIES, MEMBERS, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) RACAIRE’S WORKSHOP SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) RACAIRE’S WORKSHOP SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE RACAIRE’S WORKSHOP SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF RACAIRE’S WORKSHOP SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM RACAIRE’S WORKSHOP OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT RACAIRE’S WORKSHOP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MEMBERS, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release RACAIRE’S WORKSHOP (and its officers, directors, members, agents, affiliates, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
Racaire’s Workshop may furnish you with notices, including those with regard to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
It is at the mutual agreement of both you and Racaire’s Workshop with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Florida. By using this site, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Crestview, Florida in all disputes (i) arising out of, relating to, or concerning the TOS, the Site and your use thereof; (ii) in which the Site and/or the TOS is an issue or a material fact; or (iii) in which the Site or the TOS is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the TOS, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Racaire’s Workshop has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site in unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Racaire’s Workshop fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
With the prior agreement of Racaire’s Workshop, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or the TOS shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Crestview, Florida. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered in any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
When you order, we need to know your name, e-mail address, mailing address, phone number, credit-card number and expiration date. This allows us to process and fulfill your orders, and notify you of your order status. Your phone number is necessary for UPS and International shipping. It will also be used to contact you if there is a question regarding your order. Phone numbers will not be used for sales calls.
When you enter a give-away, contest or other promotional feature, we may ask for your name, address, phone number and e-mail address, so we can administer the give-away, contest or other promotional feature and notify winners.
The information collected by our website may include: Any details you enter and submit, such as name, address, email address, etc. Your IP address, referrer, web pages you visit and other data normally stored in website logs. Session information stored in cookies that are used to ensure accurate data is extracted from our systems. These cookies do not include any personal data. Under no circumstances will we hold sensitive payment details such as your credit card number, expiry date and security code.
Any information we collect will be used in accordance with applicable laws for the following purposes: To comply with legal requirements. In certain cases, we may use your email address to send you information about products, services, or in support of a transaction – completed or otherwise. In such a case, you will be offered the option to opt in/out.
Personal information is collected when an account is set up for a purchase transaction. Only that information which is needed to complete the transaction is required. Your account is password protected, and you can access it at anytime.
Racaire’s Workshop maintains a strict “no-spam” policy. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems. We restrict access to personal information to Racaire’s Workshop and agents who need to know that information in order to operate, develop or improve our services.
Our cookies do not contain any personally identifying information, but they do enable us to provide features such as storring your items in your shopping cart between visits. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.
Third party links – occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Access to your personal information – all users of our site may make any changes to their information at any time by logging into their control panel and going to the ‘my Account’ page.
EFFECTIVE DATE AND UPDATES
The effective date of these TOS is April 1, 2019. You agree that Racaire’s Workshop may update the TOS at any time in its sole discretion and without notice to you. When it is updated, the updated TOS will be made available here, on the Site for your convenience.