This Agreement was last updated on September 8, 2020
- Scope of Agreement
These Terms and Conditions of Use (otherwise known as the “Agreement”) is between you, (“You”), and Schaffer Partners, Inc. (“We” or Us”). Along with the Shipping Policies and any other document that is incorporated by reference in this Agreement, the Agreement governs your use of this Website and your acquisition of goods and services through this Website.
We may change the terms of this Agreement from time to time if needed, but will post a notice of such changes on the homepage of the Website or send them to a valid email address we have for You so that You know what they are.
The Website is offered to users who are 18 years of age or older. If the Website offers goods and services that you have been offered through a reward program from your employer (“Program”), then the goods and services in a Program are only offered to those who have met the eligibility requirements set by their employer. If you do not meet the above requirements, you may not use the Website.
- Registration for Use of the Website
In order to provide you with services, we may require you to establish an account with us. You are responsible to keep your username and password safe, as you are responsible for any activity which occurs through your account, including orders placed.
- Content on the Website
The content on this Site (“Content”) belongs to us or our licensees, or the provider of the goods and services made available on the Website. Content may change at any time. We do not warrant the accuracy of any third party Content on the site.
We grant You a limited, revocable, non-exclusive and non-transferable license, to access and use the Website for Your personal, non-commercial purposes, to purchase goods or services, under a Program or otherwise as indicated on the Website. We do not grant you any other rights to the Website or the Content, and you may not use the Website or the Content for any other purpose.
- Availability and Use of the Website
The availability of the Website depends on many factors, including some factors that are beyond Our control, such as Your connection to the Internet and the Internet backbone. We shall not be liable to You if You cannot use the Website for any reason. You are responsible for making sure your computer or mobile device has the right software to allow you to access and use the Website.
- Governing Law and Jurisdiction; Limit on Commencing Actions
(a) This Agreement is governed by the laws of the State of Ohio, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Cleveland, Ohio in all disputes arising out of or relating to the use of the Website.
(b) You must commence any cause of action or claim against Us within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.
- International Access
The Website may be available to be accessed from countries other than the United States. The Website may contain products or services, or references to products or services, that are not available outside of the United States. If You access and use the Website outside the United States, You are responsible for complying with Your local laws and regulations.
- Warranty Disclaimer; Limitation of Liability
(a) ALL CONTENT, SERVICES AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. SCHAFFER PARTNERS IS NOT LIABLE TO YOU FOR ANY INACCURACIES IN THE DESCRIPTION OR AVAILABILITY OF ANY PRODUCTS OR SERVICES. THE ONLY WARRANTIES WHICH APPLY TO ANY ITEMS ORDERED AND SHIPPED BY SCHAFFER PARTNERS, INC. ARE THOSE OF THE MANUFACTURER, AND, SUBJECT ONLY TO THE MANUFACTURER'S WARRANTIES.
THE WEBSITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. SCHAFFER PARTNERS, INC. DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. SCHAFFER PARTNERS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCHAFFER PARTNERS, INC., ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF SPARKWEB HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
(C) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCHAFFER PARTNERS, INC.’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO SCHAFFER PARTNERS, INC. FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE DISPUTE.
You agree to indemnify, defend and hold harmless Schaffer Partners, Inc., its parent, subsidiaries, affiliates, and their respective officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from Your access or connection to, or use of this the Website, or any claims alleging facts that if true would constitute a breach by You of the terms and conditions of this Agreement.
- Relationship of Parties
No joint venture, partnership, employment, or agency relationship is created between You and Us as a result of this Agreement or any use of the Website. You agree not to hold Yourself out as a representative, agent, or employee of Schaffer Partners, Inc. We shall not be liable for any representation, act or omission by You to the contrary.
- Contact Information
Please send any questions or comments regarding the Website by e-mail to firstname.lastname@example.org.
- Entire Agreement
This Agreement along with any documents incorporated by reference constitute the sole and entire agreement between you and Schaffer Partners, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
- Reservation of Rights
Any rights not granted to You in this Agreement are reserved by Us. Any rights not granted to Us by You in this Agreement are reserved by You.