Terms and Conditions
Last updated on 6/21/2021
These Terms and Conditions govern your access to, usage of all content, Product and Services available at standfastus.com website (the “Service”) operated by StandFastUS LLC (“us”, “we”, or “our”).
Your access to our services are subject to your acceptance, without modification, of all of the Terms and Conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.
Please read these Terms and Conditions carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms and Conditions (“The/the Agreement”). If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.
THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
Intellectual Property
The Agreement does not transfer from Us to you any of Ours or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with StandFastUS LLC and its licensors.
Third-Party Services
Disclaimer of Certain Damages. STANDFAST LLC SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR FOR LOSS OF INCOME, BARGAIN, REVENUE, CONTRACTS, GOODWILL, USE, ENJOYMENT, TIME, DATA, OR ELECTRONICALLY TRANSMITTED ORDERS OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, WHETHER OR NOT STANDFAST LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:
(1) THIS AGREEMENT OR THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, PARTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR SERVICES; OR (3) ANY OTHER MATTER RELATED TO THE WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
“Authorized Customer” Accounts
Where use of any part of our Services requires an Account, you agree to provide us with complete and accurate information when you register for an account. Registered Customer:
(1) Will be solely responsible and liable for any activity that occurs under their account; (2) Is responsible for keeping their account information up-to-date and for keeping your password secure; (3) Is responsible for maintaining the security of their account that you use to access the Service; (4) Shall not share or misuse their access credentials; and (5) Must notify us immediately of any unauthorized uses of their account or upon becoming aware of any other breach of security.
Ordering Process
By pressing the “Place Order” button, “Proceed to PayPal” button, or pressing any other available “Pay…” button on the standfastus.com site that takes you through a complete ordering process, you agree to the size, color, engraving, and any other available and selected options that you (or users of your account or device) previously selected, validated, approved, and “Added To Cart.” Orders and their selected options that are final order submitted by the “Authorized Customer” and/or purchasing customer and/or individual are final and will be used to manufacturer your option(s) configured product(s) and/or solution(s).
Payment of Services
Orders that are placed through the standfastus.com site (by the “Authorized Customer” and/or purchasing customer and/or individual) are required to be paid upon “our” receipt of your order to be manufactured. Payment includes all monies due for the product(s), service(s), solution(s), shipping option selected, and applicable and required by law, applicable sales and other required taxes.
Customer Product Reviews
A product review submitted by a purchasing customer can be used for internal and/or external marketing purposes.
Termination
We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Agreement or your StandFastUS LLC account, you may simply discontinue using our Services. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer
Our Services are provided “AS IS” and on an “AS AVAILABLE” basis. StandFastUS LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither StandFastUS LLC, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Arbitration and Waivers
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the use of any product or service provided by StandFastUS LLC that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to You and StandFastUS LLC, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this Agreement.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Agreement. The AAA Commercial Arbitration Rules governing the arbitration are available online adr.org or by calling the AAA at 1-800-778-7879.
The arbitration shall be conducted by a three, neutral arbitrators. Any claims or disputes where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Five Thousand U.S. Dollars (US $5,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between You and StandFastUS LLC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND StandFastUS LLC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, then notwithstanding anything to the contrary in this Arbitration Agreement or Agreement, neither You or StandFastUS is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section “Jurisdiction and Applicable Law.”
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the State of New York. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in the State of New York.
Changes
StandFastUS LLC reserves the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms and Conditions will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.
Your continued use of our Services will be subject to the new Terms and Conditions.
