Terms of Service

Please read these Terms of Service carefully before using this web site or ordering from it. Your use of this web site confirms your unconditional acceptance of the following Terms of Service. If you do not accept these Terms of Service, do not use this web site.  The categories below are meant to help you understand these terms and are not part of the terms themselves.Throughout these Terms of Service the word “We” and “The ChapR Team” refer to those Westlake High School students, teachers, and mentors involved with the production of this Web Site and the ChapR.

Web Site

Use of this Web Site – The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws. The contents of this Web Site are Copyright (c) 2013, by The ChapR Team, or their respective affiliates and suppliers including Westlake and Eanes Science and Technology Association (“WESTA”) and Westlake High School (“WHS”). All rights reserved. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.Accuracy of Information – We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
 
Trademarks – Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of The ChapR Team, WESTA and/or WHS. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of The ChapR Team or such other owner.
 
Third Party Links – From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by The ChapR Team or affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.
 
Inappropriate Material – You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
 
User Information – Other than personally identifiable information, which is subject to this Web Site’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

The ChapR and Other Products

Products, Content and Specifications – All features, content, specifications, products and prices of products and services described or depicted on this Web site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The ChapR Team, which operates this Web Site, makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
 
Product Payment – All payments for the products listed on this Web Site must be made as donations to WESTA.  The products you order will be shipped to you in exchange for that donation.  WESTA is a 501(c)(3) non-profit organization, so your donation may be tax deductible to the extent allowed by law and to the extent the donation is not offset by the value of the products we ship to you in exchange.  However, The ChapR Team and WESTA make no representation as to the tax deductibility of your donation.Returning Purchased Items – The ChapR Team and WESTA accept returns only for unaffected non-functioning products and only in exchange for a working product within 30 calendar days from the date of receipt of the products.  After such time, requests for return will be considered but are not guaranteed to be accepted. “Unaffected” means a device has never been re-programmed, damaged, or otherwise changed. The ChapR Team cannot accept returns on purchased items that have been re-programmed, damaged, changed, or affected.

Shipping Limitations – When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for contacting us to initiate any claim for damaged and/or lost shipments. You are responsible for paying any import duties and taxes on your order.

Disclaimers

Use at Your Own Risk – Your use of this site is at your risk. The information, materials and services provided on or through this web site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither The ChapR Team, WESTA, WHS, nor any of their affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this web site. The information, materials and services provided on or through this web site may be out of date, and neither The ChapR Team, WESTA, WHS, nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.Warranty – All products and services purchased on or through this web site are subject only to any applicable warranties of their respective manufactures, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as “consumers” in the magnuson-moss warranty-federal trade commission improvements act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

Appropriate Use – The ChapR Team does not approve of or recommend the use of our products or resources in critical life-support or medical devices, or for any use or application in which the failure of a any component could create a situation in which property damage, personal injury or death is likely to occur. By using the ChapR or other products from this Web Site you agree to absolve The ChapR Team, WESTA, WHS, and/or the manufacturer of the product in question of all damages, costs, and expenses that may be incurred, including without limitation, attorney fees and costs related to any lawsuit or threatened lawsuit arising out of the use of the products.
 
Student Assembled – The ChapR is hand-assembled by The ChapR Team which is composed of high-school students with limited experience in soldering and assembly.  The facility in which assembly occurs is not certified by any entity.  While the ChapR Team endeavors to ship quality products in working order, if your ChapR is found to be in a non-working condition (according to the specifications on this Web Site) your sole remedy is replacement.  Please refer to the section regarding Returning Purchased Items.

Limitations of Liability

Web Site Liability – The ChapR Team assumes no responsibility, nor will be liable, for any damages to, or any viruses or malware that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. In no event will The ChapR Team, WESTA, WHS, or any of its respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this web site, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this web site, any web sites linked to this web site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. In the event of any problem with this web site or any content, you agree that your sole remedy is to cease using this web site.  The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.Products and Services Liability – In the event of any problems with the ChapR, you agree that your sole remedy is replacement according to the Returns Purchased Items section of this Terms of Service. In the event of any problem with other products or services that you have purchased on or through this web site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this web site.

Miscellaneous

Revisions to these Terms of Service – These Terms of Service may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms of Service because they are binding on you. Certain provisions of these Terms of Service may be superseded by legal notices or terms located on particular pages of this Web Site.
 
Choice of Law; Jurisdiction – These Terms of Service supersede any other agreement between you and The ChapR Team, WESTA, and/or WHS, to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms of Service will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the courts of the State of Texas or the United States District Court for the District of Texas. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
 
Termination – You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
 
Additional Assistance – If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, we invite you to contact us by e-mail at TheChapR@gmail.com.