Terms and Conditions

Last updated: May 16, 2023

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with https://www.crownpeaks.com website (the “Service”) operated by CrownPeaks LLC (“us”, “we”, or “our”).

Please read these Terms and Conditions completely and carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Our store is running Woocommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Learn more here: http://www.woocommerce.com

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction including but not limited to copyright laws. You take full responsibility for understanding and adhering to the laws in your jurisdiction that may conflict with our products or services and take full responsibility for failure to comply to those laws.

A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons at anytime without notice, at the sole discretion of us.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

International Purchases

For customers located outside the USA and Canada, the following term regarding jurisdiction and venue for lawsuits filed against CrownPeaks products shall apply:

1. Jurisdiction and Venue:

1.1 The Customer acknowledges and agrees that any disputes, claims, or legal actions arising out of or related to the use, performance, or interpretation of CrownPeaks products and services shall be governed by and construed in accordance with the laws of the United States of America (“USA”), without regard to its conflict of laws principles.

1.2 The Customer expressly agrees that any such disputes, claims, or legal actions shall be subject to the exclusive jurisdiction of the courts located within the USA. The Customer hereby consents to the personal jurisdiction of such courts and waives any objections to the laying of venue or asserting the inconvenience of such forum.

1.3 In the event of any disputes, claims, or legal actions described in this term, the venue for such proceedings shall be within the USA. Specifically, any lawsuits shall be conducted in a federal or state court located within the USA, as determined by CrownPeaks.

1.4 The Customer understands and agrees that this term does not restrict CrownPeaks’ right to seek injunctive or equitable relief, or any other remedies available in any jurisdiction, to enforce its intellectual property rights or protect its confidential information.

2. Severability:

If any provision of this term is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this term shall remain in full force and effect to the maximum extent permitted by law.

3. Entire Agreement:

This term constitutes part of the agreement between the Customer and CrownPeaks regarding the subject matter herein and supplements any other relevant terms and conditions agreed upon between the parties.

By accepting the use of CrownPeaks products, the Customer acknowledges that they have read, understood, and agreed to be bound by this term regarding jurisdiction and venue.

Returns, Refunds, and Cancellations

Three days after the order is placed, it shall not be cancelled. All sales are final three days after ordering. No refunds or returns will be granted after three days from when product(s) are ordered.

Warranties

This product is sold as is and without any warranties as to performance or merchantability. No warranty or fitness for a particular purpose is offered. You accept the responsibility to test the product thoroughly before use. You shall assume the entire risk of using the product. We are not responsible for any injury that you may sustain in using our product regardless of reason.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of raservices@legalzoom.com and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of CrownPeaks LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of CrownPeaks LLC.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by CrownPeaks LLC.

CrownPeaks LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that CrownPeaks LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

Limitation Of Liability

In no event shall CrownPeaks, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, revenue, data, use, goodwill, replacement costs, similar losses, or other intangible losses, whether based in contract, tort (including negligence), strict liability or otherwise, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Since some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

CrownPeaks LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Agreement Entirety

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to check our website periodically if any terms changes have been put into effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at contact@crownpeaks.com