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"Mary Queen of Heaven,
Protector of the Unborn,
Pray for Us." |
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Terms
and conditions of sale
PLEASE READ THIS DOCUMENT CAREFULLY!
IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS,
AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT
CONTAINS A DISPUTE RESOLUTION CLAUSE.
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This Agreement contains the terms and
conditions that apply to purchases by customers from The St. John Fisher
Forum entity named on the invoice ("The St. John Fisher Forum") that will
be provided to you, the customer, on orders for books and/or related products
sold by The St. John Fisher Forum in the United States. By accepting delivery
of the books and/or other products described on that invoice, you agree
to be bound by and accept these terms and conditions. If for any reason
you are not satisfied with your product(s), you may return the product(s)
under the terms and conditions outlined below.
THESE TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE
PURCHASE AGREEMENT WITH THE ST. JOHN FISHER FORUM, IN WHICH CASE THE SEPARATE
AGREEMENT SHALL GOVERN.
These terms and conditions are subject to change without prior written
notice at any time, at the sole discretion of The St. John Fisher Forum.
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Other
documents
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Other than as specifically provided
in any separate formal purchase agreement between you and The St. John
Fisher Forum, these terms and conditions may NOT be altered, supplemented,
or amended by the use of any other document(s). Any attempt to alter,
supplement or amend this document or to enter an order for product(s)
which are subject to additional or altered terms and conditions will be
null and void, unless otherwise agreed to in a written agreement signed
by both you and The St. John Fisher Forum.
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Governing
law
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THIS AGREEMENT AND ANY SALES THEREUNDER
SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD
TO CONFLICTS OF LAWS RULES.
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Payment
terms; orders; quotes; interest
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Terms of payment are within the sole
discretion of The St. John Fisher Forum, and unless otherwise agreed to
by The St. John Fisher Forum, payment must be received by The St. John
Fisher Forum prior to the acceptance of an order. Payment for the products
may be made by credit card, phone/fax order, or some other prearranged
payment method. Orders are not binding upon The St. John Fisher Forum
until accepted by The St. John Fisher Forum.
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Shipping
charges; taxes
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Separate charges for shipping will be
shown on the invoice(s). The St. John Fisher Forum may invoice parts of
an order separately, in which case shipping charges will apply only to
that part of the order shipped first. Unless you provide The St. John
Fisher Forum with a valid and correct tax exemption certificate applicable
to the product ship-to location prior to The St. John Fisher Forum's acceptance
of the order, you are responsible for sales and all other taxes associated
with the order, except for taxes on The St. John Fisher Forum's net income.
If applicable, a separate charge for taxes will be shown on the invoice.
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Title;
risk of loss
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Title to products passes from The St.
John Fisher Forum to you on shipment from The St. John Fisher Forum's
bookstore facility. Loss or damage that occurs during shipment by a carrier
selected by The St. John Fisher Forum is The St. John Fisher Forum's responsibility.
Loss or damage that occurs during shipment by a carrier selected by you
is your responsibility.
The St. John Fisher Forum may at any time revise these Terms of Use by
updating this posting. By using this Site, you agree to be bound by any
such revisions and should therefore periodically revisit this page to
determine the current Terms of Use to which you are bound.
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Warranties
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THE ST. JOHN FISHER FORUM MAKES NO EXPRESS
WARRANTIES EXCEPT THOSE STATED IN THE ST. JOHN FISHER FORUM'S APPLICABLE
WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES
WILL BE EFFECTIVE, AND THE ST. JOHN FISHER FORUM WILL BE OBLIGATED TO
HONOR ANY SUCH WARRANTIES, ONLY UPON THE ST. JOHN FISHER FORUM'S RECEIPT
OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
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Videos,
tapes, and CDs
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All videos, tapes and CDs are provided
subject to the license agreements that are part of their packages. Customer
agrees to be bound by those license agreements once the package is opened
or its seal is broken. The St. John Fisher Forum does not warrant any
videos, tapes or CDs under this Agreement. Warranties, if any, for the
videos, tapes and CDs are contained in the license agreements that govern
their purchase and use.
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Replacing
defective, damaged or incorrect products
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All videos, tapes and CDs are provided
subject to the license agreements that are part of their packages. Customer
agrees to be bound by those license agreements once the package is opened
or its seal is broken. The St. John Fisher Forum does not warrant any
videos, tapes or CDs under this Agreement. Warranties, if any, for the
videos, tapes and CDs are contained in the license agreements that govern
their purchase and use.
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If you receive defective products, or
if the products you receive are not what you ordered, The St. John Fisher
Forum will replace them, and will reimburse you for all shipping costs,
including the cost of returning the products to The St. John Fisher Forum.
Note concerning damaged videos, CDs or tapes: We will not replace damaged
videos, CDs and tapes that have been opened.
Please refer to our Replacement
Policy for more information, including where to ship your damaged,
defective or incorrect products.
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Returning
products to The St. John Fisher Forum
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If you receive defective products, or
if the products you receive are not what you ordered, The St. John Fisher
Forum will replace them, and will reimburse you for all shipping costs,
including the cost of returning the products to The St. John Fisher Forum.
Note concerning damaged videos, CDs or tapes: We will not replace damaged
videos, CDs and tapes that have been opened.
Please refer to our Returns
Policy for more information, including where to ship your damaged,
defective or incorrect products.
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Exchange
policy
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From time to time, The St. John Fisher
Forum may, in its sole discretion, exchange products or portions of a
product. Any exchanges will be made in accordance with The St. John Fisher
Forum's exchange policies in effect on the date of the exchange. This
exchange policy does not apply to opened videos, tapes, music CDs, or
products that have been custom-made for you (e.g., heirloom rosaries).
If you think you would like to exchange a product, please send us an email
at sjff@stjohnfisherforum.org.
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Products
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The St. John Fisher Form continually
updates and revises its product offerings, including product prices. The
St. John Fisher Forum may revise and discontinue products at any time,
or adjust their prices, without prior notice to customers. The St. John
Fisher Forum will ship products that have the functionality and appearance
of the products ordered, but changes between what is shipped and what
is described in an online description are possible.
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Limitation
of liability
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THE ST. JOHN FISHER FORUM DOES NOT ACCEPT
LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY
FOR PRODUCTS NOT BEING AVAILABLE FOR USE. THE ST. JOHN FISHER FORUM WILL
NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL,
SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY
PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE
PURCHASE OF PRODUCTS, THE ST. JOHN FISHER FORUM IS NOT LIABLE OR RESPONSIBLE
FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER
FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT.
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Binding
arbitration
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ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER
IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE,
AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS)
AGAINST THE ST. JOHN FISHER FORUM, its agents, employees, successors,
assigns or affiliates (collectively for purposes of this paragraph, "the
Forum") arising from or relating to this Agreement, its interpretation,
or the breach, termination or validity thereof, the relationships which
result from this Agreement (including, to the full extent permitted by
applicable law, relationships with third parties who are not signatories
to this Agreement), the Forum's advertising, or any related purchase SHALL
BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED
BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then
in effect (available via the Internet at http://www.arb-forum.com, or
via telephone at 1-800-474-2371). The arbitration will be limited solely
to the dispute or controversy between Customer and the Forum. Any award
of the arbitrator(s) shall be final and binding on each of the parties,
and may be entered as a judgment in any court of competent jurisdiction.
Information may be obtained and claims may be filed with the NAF at P.O.
Box 50191, Minneapolis, MN 55405.
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Applicable
law; not for resale or export
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You agree to comply with all applicable
laws and regulations of the various states and of the United States. You
agree and represent that you are buying for your own internal use only,
and not for resale or export.
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Headings
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The section headings used herein are
for convenience of reference only and do not form a part of these terms
and conditions, and no construction or inference shall be derived therefrom.
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