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.
The ChapR and Other Products
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.
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
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.