Terms and Conditions

Last Modified: 10/1/2022

OVERVIEW

The following terms and conditions, together with any documents they expressly incorporated by reference including those additional terms and policies referenced herein, collectively, “Terms of Service” or “Terms” govern your access to and use of www.shopassistanceleague.com (the “Website”). By visiting our Website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service. These Terms are subject to change at any time by Assistance League (referred to hereafter as “us”, “we”, or “our”). Any new features, tools or items which are added to the current store are also subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website after the “Last Modified” date constitutes acceptance of those changes.

This Website is operated by Assistance League. Assistance League offers this Website and our Service to you, the user, conditioned upon your acceptance of these Terms. These Terms apply to all users of the Website, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to the Terms, then you may not access the Website or use our Service.

If these Terms are considered an offer, acceptance is expressly limited to these Terms.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state of residence to enter into a binding agreement.

You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders are subject to acceptance by us and we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

We reserve the right to refuse any order you place with us, including orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to discontinue any product at any time with or without notice. We reserve the right to limit the quantities of any products that we offer. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

All descriptions of products, product pricing, discounts and promotions are subject to change at anytime without notice, at our sole discretion. Prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We reserve the right to correct any errors, inaccuracies, or omissions on our Website at any time and to cancel any orders arising from such occurrences. We shall not be liable to you or to any third-party for any modification or price change.

There may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or Website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or Website, should be taken to indicate that all information in the Service or Website has been modified or updated.

Any offer for any product made on this Website is void where prohibited.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept the credit cards listed on the order form for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

Due to the nature of the resale market/secondhand goods, certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website.

While we strive to accurately display the colors and images of our products that appear at the store, we cannot guarantee that your computer monitor’s accurately display that color.

We may, in our sole discretion, deny you access to our Service or the Website (or any part thereof).

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available through the Service or on this Website is not accurate, complete or current. The information is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the information made available through the Service or on this Website is at your own risk. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. You agree that it is your responsibility to monitor changes to our Website.

SECTION 3 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

By placing an order You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including but not limited to your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 4 – THIRD-PARTY TOOLS

We may provide you with access to third-party tools which we neither monitor nor control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without our making any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such third-party tools. Any use by you of such third-party tools offered through the Website is entirely at your own risk and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

SECTION 5 - THIRD-PARTY LINKS

Certain content and products we make available may include links to other websites and resources provided by third parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those third-party websites, and we do not warrant and will not have any liability or responsibility for any third-party websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

If you decide to access any of the third-party websites linked by this Website, you do so entirely at your own risk and subject to the terms and conditions of use for those websites. Please carefully review the third-party websites’ privacy policies and terms of service and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party websites should be directed to those third-parties.

SECTION 6 - USER CONTRIBUTIONS, LICENSE, AND CONTENT STANDARDS

By posting or contributing of any kind, including but not limited to feedback, testimonials, suggestions, ideas, or making other submissions to us or our Website (“User Contributions”), you are granting us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, perpetual, irrevocable and worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material, in connection with the operation of the Service and for any other purpose. We have the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you. You acknowledge and agree that such rights are granted without paying you any compensation and without any further obligations or restrictions.

By posting User Contributions, you represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Service.
  • Your User Contributions do not: (i) infringe on our rights or any third party; (ii) violate any agreement with us or any third party; (iii) violate any applicable law or regulation; (iv) contain any content that is fraudulent, illegal, untrue, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, harmful, or otherwise objectionable as determined in our sole discretion, or (v) cause any damage to our business, reputation, employees, or property.

The following content standards apply to any and all users of our Website. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. You are solely responsible for any User Contributions you make including for their accuracy. We take no responsibility and assume no liability for any User Contributions posted by you or any third party. Without limiting the foregoing, User Contributions must not:

  • Violate any right of any other person, including copyright, trademark, privacy, personality or other personal or proprietary right.
  • Contain unlawful, abusive, defamatory, indecent, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable content.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Contain any computer virus or other malware that could in any way affect the operation of the Service or our Website.
  • Use a false email address, pretend to be someone other than the user, or otherwise mislead us or third parties as to the origin of any User Contributions.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

SECTION 7 - PERSONAL INFORMATION AND PRIVACY

We respect your privacy and are committed to protecting it. The processing of personal information collected from you in connection with your purchase of products through the store is governed by our Privacy Policy. Our Donor Privacy Policy may be found at this link.

SECTION 8 - PROHIBITED USES AND ACTIVITIES

We reserve the right to refuse Service to you for violating any of the following prohibited uses and activities. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content:

  • For any unlawful purpose;
  • To solicit others to perform or participate in any unlawful act;
  • To violate any international, federal, provincial or state regulation, rule, law, or local ordinance;
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others, including but not limited to any copyright or trademark;
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • To submit false or misleading information;
  • To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or Website, or of any related website, other websites, or the Internet;
  • To collect or track the personal information of others;
  • To spam, phish, pharm, pretext, spider, crawl, or scrape;
  • For any obscene or immoral purpose;
  • To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
  • To reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us; or
  • To copy, reproduce, republish, upload, post, transmit, or distribute Assistance League’s trademarks, service marks, graphic or text without the prior written consent of Assistance League. Except as expressly provided in separate writing by Assistance League, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.

SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant that the quality of any products, information, or other material purchased or obtained by you through our Service or on our Website will meet your expectations, or that any errors in the Service or on our Website will be corrected. We do not guarantee, represent or warrant that your use of our Service or our Website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service or our Website will be accurate or reliable. You agree that from time to time we may remove the Service or our Website for indefinite periods of time or cancel the Service or our Website at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service or our Website is at your sole risk.

We do not manufacture or control any of the products offered through our Service or on our Website. The availability of products through our Service or on our Website does not indicate an affiliation with or endorsement of any product or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered through our Service or on our Website.

THE SERVICE AND ALL PRODUCTS SOLD TO YOU THROUGH THE SERVICE OR THE WEBSITE ARE (EXCEPT AS EXPRESSLY PROVIDED IN WRITING BY US) PROVIDED “AS IS” AND “AS AVAILABLE“ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (A) ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND MERCHANTABLE QUALITY, (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (C) WARRANTY OF DURABILITY, (D) WARRANTY OF TITLE, AND (E) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU.

IN NO CASE SHALL ASSISTANCE LEAGUE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INDEPENDENT CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR WEBSITE OR ANY PRODUCT SOLD THROUGH THE SERVICE OR THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR WEBSITE OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR INABILITY TO USE THE SERVICE OR THE WEBSITE OR AND PRODUCT SOLD THROUGH THE SERVICE OR THE WEBSITE, ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE OR THE WEBSITE, EVEN IF ADVISED OF SUCH POSSIBILITY IN ADVANCE.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT YOU ORDERED THROUGH OUR WEBSITE THAT GAVE RISE TO THAT CLAIM. ALL CLAIMS MUST BE BROUGHT WITHIN SIX (6) MONTHS FROM THE DATE OF SALE.

Because 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.

SECTION 10 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Assistance League and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 11 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be invalid, 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 remaining provisions of these Terms.

SECTION 12 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our Website. 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.

SECTION 13 - WAIVER

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of past or future enforcement of such right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Assistance League.

SECTION 14 - GOVERNING LAW

This Website is operated from the United States. All matters arising out of or relating to these Terms of Service and any separate agreements whereby we provide you the Service shall be governed by and construed in accordance with the laws of  the State of California without giving effect to any choice or conflict of law provision or rule (whether under the State of California or any other jurisdiction) that would case the application of the laws of any jurisdiction other than those of the State of California.

SECTION 15 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]

SECTION 16 - ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this Website or in respect to The Service constitutes the final and integrated 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.