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Terms and Conditions

Updated 5/28/2020

 


Welcome to Conrads College Gifts. The following terms of use (the "Terms of Use") contain the terms and conditions applicable to you and your access to and use of this website, www.conradsosu.com including the mobile version, and our brick and mortar retail location(s) (collectively, "Conrads", "Us", “our”, “retail store”, “Assets”, or “we”). If applicable, in each case regardless of how accessed (collectively, the Website and the mobile website are referred to as the “Website"). The Assets are owned and operated by Conrads College Gifts, Inc., an Ohio corporation.


Your use of the Website (and any other feature, content or application offered by Conrads) is at all times subject to these Terms of Use, as the same may be modified by us, and all applicable laws, rules and regulations. Please read these Terms of Use carefully.   If you are dissatisfied with these Terms of Use or the Assets or any material on the Assets, your sole and exclusive remedy is to discontinue using the Assets. (In other words, if you do not agree with these terms please do not use this website in any form.)


1. Acceptance of Terms of Use
2. Other Terms and Conditions - Promotions and Coupons
3. Your Use of the Assets
4. Unauthorized Use
5. Loyalty Programs (Clubs)
6. Third Party Sites
7. Privacy Policy
8. Products, Content and Specifications
9. Placing an Order, Limitations, Order Acceptance
10. Intellectual Property
11. User-Generated Content
12. Digital Millennium Copyright Act (DMCA) Notice
13. No Outside Ideas Accepted
14. Termination of Access and/or Account
15. Term
16. Indemnity
17. Warranty Disclaimer 
18. Limitation on Liability 
19. Third Party Transactions
20. Arbitration - No Class Action
21. Miscellaneous
22. Contact Information

 

 

1. Acceptance of Terms of Use.

BY ACCESSING AND USING THE ASSETS, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE.  If you do not agree to be bound by these terms of use, you may not access or use the Assets. These Terms of Use may be changed, modified, or altered by us in our sole discretion at any time without prior notice. If we materially change the Terms of Use, we will notify you through a notice, updated Terms of Use on the Assets or by email (sent to the email address specified in your account, if any), prior to or upon the change(s) becoming effective.  


Accordingly, when you access or use the Assets, you should check the date of the Terms of Use and be aware of any changes since the last version. Your continued use of the Assets following the posting of any changes to these Terms of Use means that you accept such changes. Your access to and use of the Assets will be governed by the Terms of Use in effect at the time of such access or use.

 

2. Other Sources of Terms and Conditions - Promotions and Coupons. 

Certain provision of the Terms of Use may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Assets, and, additionally, in order to participate in or use certain services, promotions, discounts or coupons that may be run from time to time with respect to the Assets ("Offer(s)"), you may be required to agree to additional or different terms and conditions ("Additional Terms"). Some Offers also may be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer or the exclusion of merchandise from an Offer which shall also be part of the Additional Terms. Certain merchandise, shipping methods, costs or membership programs, and/or delivery times may be modified or not available in connection with an Offer. Your redemption of the Offer or use of such pages constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms of Use and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms of Use will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms of Use or any Additional Terms does not constitute a conflict.

If an Offer does not contain Additional Terms, then only these Terms of Use apply. Under these Terms of Use, unless otherwise prohibited by law, any Offer: (a) is valid only at the Asset identified in the Offer and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one Offer per person, household, or address; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one year from the date of issue or the date required by applicable law, and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, shipping, handling or any value-added service. We reserve the right to limit, change, or cancel any Offer or associated order, without prior notice, even after you have attempted to redeem the Offer or placed your associated order.

For a BOGO (Buy One Get One) Sale the discount will be taken off the lesser-priced item. The discount will only be applied at the time of sale, and cannot be made retroactive. Manufacture-Direct (Drop-Shipped) items and Gift Cards are excluded from this promotion. If one or both discounted items are returned/refunded then the refund will be in the amount of the sale price. This promotion is valid both in-store and our website.

 

3. Use of the Assets 

The content and information posted by us on the Assets may be used only for informational, personal or other purposes authorized by us.  By accessing and using the Assets, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Assets does not violate any applicable law, rule or regulation. While we sell merchandise for children's use, this merchandise is intended for sale only to adults. The Assets are general use sites and not targeted toward children under the age of 13.  The Assets are intended for use by residents of the United States or non-residents that agree to use the Assets in accordance with U.S. laws, these Terms of Use and the Privacy Policy. By using the Assets, you further represent and warrant that you (i) are located inside the U.S. or (ii) are located outside the US and agree to be bound by U.S. laws. Use of and access to the Assets are void where prohibited.

 

4. Unauthorized Use 

You may not use the Assets for any unauthorized use or for any illegal or unlawful purpose.  Any unauthorized use or violation of these Terms of Use may immediately and automatically terminate your right to use and access the Assets and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Assets. We may remove any unauthorized content, links, etc. without notice. Some examples of unauthorized, illegal or unlawful use of the Assets include, but are not limited to:


  • Copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Assets without our prior written consent;
  • Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
  • Using a framing or similar technique without our prior written permission;
  • Creating or maintaining any link from another website to any page on the Assets without our prior written permission;
  • Criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), doxxing, sending of viruses or other harmful files, hacking or vandalism, copyright infringement, or theft of trade secrets;
  • Covering or obscuring the banner advertisements on the Assets, if any, via HTML/CSS or any other means;
  • Any automated use of any system, such as using scripts to alter content;
  • Interfering with, disrupting, or burdening the Assets or the networks, systems or services connected to the Assets;
  • Using any automated system or software to extract data from the Assets for commercial purposes (including "screen scraping");
  • Attempting to impersonate another user or person at checkout or otherwise;
  • Using the account, username, or password of another user or disclosing your password, as applicable, to any third party or permitting any third party to access your account;
  • Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Assets on behalf of that person, such as placing commercial content on the Assets; 
  • Using the Assets for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes;
  • Attempting to include any of the following in merchandise that is offered for sale through the Assets and that permits user-added content (e.g., a personalized items): (i) images that contain obscene, profane, pornographic or otherwise objectionable content; (ii) images, names or likenesses owned by any third party without such third party's authorization; (iii) any images of a person who has current or remaining collegiate athletic eligibility; or (iv) any images that include the name, image, or likeness of any celebrity, public figure or individual who has not authorized the use of his or her name, image or likeness; or
  • Using the Assets in a manner inconsistent with any applicable law, rule or regulation.


5. Loyalty Programs (Clubs)

The Conrads Club is a loyalty discount redeemable only toward future purchases on/at the Assets. No consideration is required from you to obtain a membership for the Conrads Club but in order to obtain membership status, you must create and maintain a customer account registered with a valid email address and check out while logged into that account on/ at the Assets. You are responsible for keeping your Conrads Club account, and all associated information up-to-date.  To earn and redeem Yards (store credit) you must create and maintain a customer account registered with a valid email address and check out while logged into that account. If you check out as a guest, you will not earn or be able to redeem Yards even if you have an account. Registered users logged into their accounts at checkout will automatically earn 1 Yard (point) per US dollar on all eligible merchandise purchases and have any existing balance applied as a discount on their eligible merchandise purchase. All merchandise (including sale and promotional items) is eligible for earning Yards (points) excluding gift cards. If you return merchandise for which you earned Yards (points), those Yards (points) will be deducted from your Conrads Club balance. When you log in to your account, you may view your Yards balance and other Conrads Club program information. Unless required by law, Yards are not redeemable for cash, and cannot be transferred, sold or distributed to others and cannot be applied to shipping, expenses or sales taxes. You will receive periodic emails about your Conrads Club/Yards balances and program news or promotions. Yards do not expire as long as your account is in good-standing.


The Alumni Advantage Club is a discount program offered by Conrads College Gifts to members of official alumni organizations of The Ohio State University. There is no purchase necessary to become a member, and there is no membership fee.  To become a member of the Alumni Advantage Club you must be a valid member of an officially recognized alumni club by The Ohio State University. After verification, you will be sent a unique code for 10% off all future online and in-store orders. This discount cannot be used with any other coupons or promotions. 

By joining the Alumni Advantage Club you agree to receive communication from us including but not limited to promotional events, sales, updates, and account updates. 

Conrads reserves the right to cancel, modify, or change the rules and rewards of the Alumni Advantage Club at any time. Conrads also reserves the right to cancel any customer’s or entire club's enrollment in the Alumni Advantage Club at any time for any purpose.

You are responsible for using your unique code to redeem Alumni Advantage Club discounts during checkout.  Unless required by law, Alumni Advantage Club discounts are not redeemable for cash, and cannot be transferred, sold or distributed to others and cannot be applied to shipping, expenses or sales taxes.

 

6. Links to Third Party Sites

The Assets may provide you with links or other access to other websites, services, products or content of third parties, including the Other Platforms, as defined in Section 11 below ("Third Party Sites"). We have no control over and do not necessarily endorse any Third Party Site's services, products or content. You acknowledge and agree that you access such Third Party Sites at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend that you read the terms of use and privacy policies of each Third-Party Site that you access.  Third party sites may operate under different terms than Conrads. By using these Assets, you agree that Conrads will not be held responsible for any issues arising from your use of Third party sites.

 

7. Privacy Policy

You agree to our collection, use and sharing of your information, including personal information, as set forth in our Privacy Policy ("Privacy Policy"). All provisions of the Privacy Policy are incorporated by reference herein.

 

8. Products, Content and Specifications 

The inclusion of any products or services on the Assets does not imply or warrant that these products or services will be available at any particular time or that the listed attributes are accurate or complete. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate.   We do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Assets by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products and services sold through the Assets, and product packaging and material may contain additional or different information. Always read labels, warnings, directions or other materials provided with the product before using. In addition, we may make changes to information about price, availability or other product attributes without notice. In the event a product is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and/or your credit card or other payment method has been charged.  If your credit card has already been charged for the purchase and your order is canceled, we will refund any such charges within a commercially reasonable period of time after cancellation (the time it takes for your financial institution to process the refund may vary and is governed by your agreement with them).

 

9. Placing an Order, Limitations, Order Acceptance 

By placing an order, you agree that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law and that you have the right to use any payment method that you provide to use.  You may not order products with the intent to resell them in any form by any means. 


We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, for any reason including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.   We accept your order only upon shipment of the product. With respect to the shipment of products and services sold through the Assets, risk of loss and title for items purchased from the Assets pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession or use of any item purchased from the Assets.

 

10. Intellectual Property

All content of the Assets (including, without limitation, text, graphics, icons, images, clips and software) is protected by copyright, trademark, and other laws. Names, logos, tag-lines, icons and marks on the Assets are the exclusive property of Conrads College Gifts, Inc. and/or one of its affiliates, all rights reserved, and may not be used by you without our prior written permission. Unless otherwise indicated, all other intellectual property appearing on the Assets is the property of its respective owner. We reserve all rights not expressly granted in and to the Assets' content and services.

 

11. User-Generated Content

Users may be able to post content in certain areas on the Assets or on other websites or platforms that we own or operate, including on social media platforms such as Facebook and Instagram ("Other Platforms"). You are solely responsible for any content (including, without limitation, photos, artwork, videos, text, graphics, and other information) you upload, post, display or otherwise provide to us through the Assets or Other Platforms ("User Content"). Any User Content you post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary. By sharing User Content with us, you grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell, and create derivative works of, the User Content, and to grant and authorize sub-licenses of the foregoing. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and services which incorporate such User Content. You further agree that this means that any User Content may appear on sites other than the Property through which you submitted your User Content including but not limited to Other Platforms. You represent and warrant that: (a) you own the User Content posted by you on the Assets or otherwise have the right to grant the license set forth in this Section 10; (b) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; (c) your posting of User Content on the Assets does not violate any of the applicable terms and conditions in this document; and (d) the posting of User Content on the Assets does not result in a breach of any contract between you and a third party. You agree that you will not use a false or misleading email address, impersonate another person or entity or otherwise mislead with respect to any User Content. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the Assets. We are under no obligation to screen or monitor User Content but may review User Content from time to time at our sole discretion to review compliance with these Terms of Use. We may reject, refuse to post, edit or remove any User Content at any time without notice, for any or no reason. 

 

12. Digital Millennium Copyright Act (DMCA) Notice

Materials (including User Content) may be made available via the Assets by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Assets for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Assets.

If you believe any materials on the Assets infringe a copyright, you should provide us with written notice that at a minimum contains: 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Conrads College Gifts
4191 Worth Ave
Columbus, Ohio 43219
Attn: Legal and Claims Department

OR

info@conradsosu.com with the subject line “DMCA”

 

13. No Outside Ideas Accepted

We do not accept any unsolicited ideas to this Website from outside Conrads College Gifts including without limitation suggestions about advertising or promotions or merchandising of any products, additions to our services, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You hereby grant us an irrevocable, perpetual, worldwide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

 

14. Termination of Access and/or Account 

YOUR USE OF THE ASSETS IS AT YOUR SOLE RISK.  YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE ASSETS.   EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THESE ASSETS ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.  WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE ASSETS, THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE ASSETS. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.  

 

15. Term

These Terms of Use shall remain in full force and effect while you use or access the Assets or have an account with the Assets.  Sections 2, 7 and 12-21, together with all other terms that reasonably may be interpreted as surviving, shall survive any termination of these Terms of Use.

 

16. Indemnity

You agree to defend, indemnify and hold us, our subsidiaries, affiliates, suppliers, and licensors and each of our respective officers, agents, partners and employees (the "Conrads College Gifts Parties") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of (1) your use of the Assets in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein) (2) any allegation that any content or other material you have submitted or transmitted to the Assets infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other rights of any party; (3) your violation of applicable law, and / or (4) your activities or omissions in connection with the Assets.

 

17. Disclaimer of Warranties

YOUR USE OF THE ASSETS IS AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE ASSETS.   EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, THESE ASSETS, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE ASSETS, ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.  FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE ASSETS, THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE ASSETS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ASSETS OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ASSETS OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR THE USE OF THE ASSETS, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

 

18. Limitation on Liability

IN NO EVENT SHALL THE CONRADS COLLEGE GIFTS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE ASSETS, YOUR INABILITY TO USE THE ASSETS, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE ASSETS, EVEN IF THE CONRADS COLLEGE GIFTS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CONRADS COLLEGE GIFTS PARTIES BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO US FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.

 

19. Third Party Transactions

Through your use of the Assets, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our Assets. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE ASSETS FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.

 

20. Arbitration - No Class Action

PLEASE READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. 

Use or accessing the Assets or Offers constitutes your acceptance of this Arbitration provision.

As a condition of using the Assets, you and we agree that any and all disputes, claims and causes of action (collectively, "Claims") arising out of or connected with the Assets (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT.  ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. Although a court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.


You may seek arbitration of a Claim by contacting our registered agent at:  Saris Corporation, 35 North Fourth Street Suite 200, Columbus, Ohio 43215. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Ohio, or the United States District Court for the Southern District of Ohio.

For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of Ohio (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims.

 

21. Miscellaneous

We may give you notice of certain events from time to time. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Assets or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use and your account on the Assets are personal to you and may not be transferred or assigned. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Assets or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is deemed to be illegal, invalid, void or for any reason unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable.  These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including the Privacy Policy and/or additional terms applicable to various parts of the Assets), constitute the entire understanding between you and us. For the avoidance of doubt, these Terms of Use apply solely to the extent permitted by law.

 

22. Contact Information

Conrads College Gifts
4191 Worth Ave
Columbus, Ohio 43219


614-269-7901 / info@conradsosu.com