STELLA MARIS TERMS & CONDITIONS
Welcome to the Stella Maris Web site (the "Site"). Stella Maris
Books / St. Anthony's Church Supply ("Stella Maris," "us", or "we") provides the content and services
available on the Site to you subject to the following terms and conditions ("Terms and
Conditions"). By accessing or using the Site, you are acknowledging that you have read,
understand, and agree, without limitation or qualification, to be bound by these Terms and
Conditions which include our Privacy Policy,
Email and Telephone Contact Policy, and
Returns Policy .
1. Privacy Please review our Privacy Policy, which also governs your visit to the Site, so that you may
understand our privacy practices.
2. Purchase Related Policies
The products and services available on the Site, and any samples thereof we may provide
to you, are for personal use only. You may not sell or resell any of the products or services, or
samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without
notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may
result in the violation of our Terms and Conditions.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site;
however, to the extent permitted by applicable law, we do not warrant that the product descriptions,
colors or other content available on the Site are accurate, complete, reliable, current, or
error-free.
4. Intellectual Property
All content available on the Site, including but not limited to text, graphics, logos,
button icons, images, audio clips, data compilations, and the compilation thereof
(collectively, the "Content") is the property of Stella Maris, our service
providers, affiliates, partners or licensors, and is protected by United States and international
copyright laws.
Except as set forth in the limited licenses in Section 5 below, or as required under applicable law,
neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated,
copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any
purpose without our prior written consent.
5. Limited License
Stella Maris grants you, the consumer or observer, a limited, revocable, and
non-exclusive license to access and make personal use of the Site. This limited license does not
include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion
thereof; (ii) modify or download the Site or Content (except caching or as necessary to view the
Site); (iii) make any use of the Site or Content other than personal use; (iv) create any derivative
work based upon either the Site or Content; (v) collect account information for the benefit of
yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our
name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders,
crawlers, or similar data gathering and extraction tools, or take any other action that may impose
an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home
page of the Site for personal, non-commercial use only. A Web site that links to the Site (i) may
link to, but not replicate, our Content; (ii) may not imply that we are endorsing such Web site or
its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain
content that could be construed as distasteful, obscene, offensive or controversial, and may contain
only content that is lawful and appropriate for all ages; (v) may not portray us or our products or
services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or
associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and
(vii) may not link to any page of the Site other than the home page. We may, in our sole discretion,
request that you remove any link to the Site, and upon receipt of such request, you shall
immediately remove such link.
Any unauthorized use by you of the Site terminates the limited licenses set forth in this Section 5
without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
6. Your Obligations and
Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and
the special warnings or instructions for access or use posted on the Site. You shall act always in
accordance with the law, custom and in good faith. You may not make any change or alteration to the
Site or any Content or services that may appear on this Site and may not impair in any way the
integrity or operation of the Site. Without limiting the generality of any other provision of these
Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in
these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses
and damages that this may cause to Stella Maris, our service providers, affiliates, partners or licensors.
7.
Your Account
You may choose to register at our Site. If you do, you will have an Email
address/username and password for your account. You are responsible for maintaining the
confidentiality of your account, username and password and for restricting access to your computer.
You agree to accept responsibility for all activities that occur under your account, username and/or
password. You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate
these Terms and Conditions or if we decide, in our sole discretion, that it would be in
Stella Maris' best interests to do so.
8.Third Party Links
We are not responsible for the content of any off-Web site pages or any other Web sites
linked to or from the Site. Links appearing on the Site are for convenience only and are
not an endorsement by us, our affiliates or our partners of the referenced content, product,
service, or supplier. Your linking to or from any off-Web site pages or other Web sites is at your
own risk. We are in no way responsible for examining or evaluating, and we do not warrant the
offerings of, off-Web site pages or any other Web sites linked to or from the Site, nor do we assume
any responsibility or liability for the actions, content, products, or services of such pages and
Web sites, including, without limitation, their privacy policies and terms and conditions. You
should carefully review the terms and conditions and privacy policies of all off-Web site pages and
other Web sites that you visit.
9.Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy
with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or
other information you provide us (collectively, "Submissions") will be treated as
non-proprietary and non-confidential. Subject to the terms of our Privacy Policy by transmitting or posting any Submission, you hereby grant
us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable
right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works
from, distribute and display any Submission in any form, media, or technology, whether now known or
hereafter developed, alone or as part of other works. You also acknowledge that your Submission may
not be returned and we may use your Submission, and any ideas, concepts or know how contained
therein, for any purpose including, without limitation, developing, manufacturing, distributing and
marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to
your Submission. You further represent and warrant that such Submission does not constitute or
contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of
"spam." You may not use a false Email address, impersonate any person or entity, or
otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims
arising from or in connection with any claims to any rights in any Submission.
10.
Representations and
Warranties; Limitation of Liability
Stella Maris sells various products supplied by third parties. Neither
Stella Maris nor any of its affiliates, officers, directors, employees, or
agents, or any third party providers, merchants, sponsors, or licensors
guarantees the accuracy, completeness, or usefulness of any product, nor its
merchantability or fitness for any particular purpose. Under no circumstances
shall Stella Maris or any of its affiliates, officers, directors, employees, or
agents be liable for any loss or damage caused by your reliance on information
obtained through this site. It is your responsibility to evaluate the
information, opinion, advice, or other content available through this site.
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY
EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR
LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION
OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY,
MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED
AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEB SITE LINKS ON THE SITE; (E) COMPUTER
VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE,
INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEB SITES (F) ANY INACCURACIES OR OMISSIONS IN
CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED
ONE HUNDRED DOLLARS ($100.00).
11.
Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs,
including reasonable attorneys' fees, resulting from any third party claim, action, or demand
resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs,
including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers,
or similar data gathering and extraction tools, or any other action you take that imposes an
unreasonable burden or load on our infrastructure.
12.
Disputes
With respect to any dispute regarding the Site, all rights and obligations and all
actions contemplated by these Terms and Conditions shall be governed by the laws of Texas, as if
the Terms and Conditions were a contract wholly entered into and wholly performed within Texas.
Any dispute relating in any way to your visit to the Site shall be submitted to confidential
arbitration in Texas, except that, to the extent you have in any manner violated or threatened to
violate our intellectual property rights or the intellectual property rights of our affiliates,
partners or licensors, we may seek injunctive or other appropriate relief in any court and you
consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement
shall be conducted under the rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this Agreement, whether
through class arbitration proceedings or otherwise.
13. General
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy constitute the complete and exclusive agreement between us
concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other
communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by
posting the changes on the Site. Any changes are effective immediately upon posting to the Site.
Your continued use of the Site constitutes your agreement to all such terms and conditions. We may,
with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You
shall comply immediately with any termination or other notice, including, as applicable, by ceasing
all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency,
partnership, or other form of joint enterprise between us. Our failure to require your performance
of any provision hereof shall not affect our full right to require such performance at any time
thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver
of the provision itself. In the event that any provision of these Terms and Conditions shall be
unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or
court decision, such unenforceability or invalidity shall not render these Terms and Conditions
unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid
and enforceable and which achieves, to the extent possible, our original objectives and intent as
reflected in the original provision.
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