Terms and Conditions
Terms & Conditions of Use
Please read these Terms and Conditions of Use (the "Agreement") carefully before using this website. By using the following Website (the "COUNTINGTHEBLESSINGS.COM WEBSITE"), you agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, please do not use the COUNTINGTHEBLESSINGS.COM WEBSITE or Products sold by CountingtheBlessings refferred to herin as COUNTINGTHEBLESSINGS.COM
Counting the Blessings reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this Agreement on the COUNTINGTHEBLESSINGS.COM WEBSITE. You should always check this Agreement prior to using the COUNTINGTHEBLESSINGS.COM WEBSITE. Your continued use of the COUNTINGTHEBLESSINGS.COM WEBSITE following the posting of changes to this Agreement will mean that you accept those changes.
The COUNTINGTHEBLESSINGS.COM WEBSITE is owned and operated by COUNTING THE BLESSINGS. The contents of the COUNTINGTHEBLESSINGS.COM WEBSITE are restricted under United States laws. Except as stated herein, none of the material on the COUNTINGTHEBLESSINGS.COM WEBSITE may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever.
- "COUNTINGTHEBLESSINGS.COM" and the other COUNTING THE BLESSINGS trademarks, trade names, service marks and logos appearing on the COUNTINGTHEBLESSINGS.COM WEBSITE are proprietary trademarks of COUNTING THE BLESSINGS. The use of any of our logo or images or any other content made available through the COUNTINGTHEBLESSINGS.COM WEBSITE, except as expressly provided in this Agreement, is strictly prohibited.
Information Submitted through the COUNTINGTHEBLESSINGS.COM WEBSITE
- You represent and warrant that any information you provide in connection with your use of the COUNTINGTHEBLESSINGS.COM WEBSITE is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete.
Registration: User Names and Passwords
- You will be required to register and/or log in COUNTINGTHEBLESSINGS.COM in order to access certain areas of the COUNTINGTHEBLESSINGS.COM WEBSITE, for example, to purchase COUNTING THE BLESSINGS products or otherwise initiate Transactions. With respect to any such action, you are responsible for maintaining the confidentiality of any username and password you may use to access the COUNTINGTHEBLESSINGS.COM WEBSITE. You are fully responsible for all Transactions (including any information transmitted in connection with).
- You agree to ensure that you "log off" and exit from transaction with the COUNTINGTHEBLESSINGS.COM WEBSITE (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Rules of Conduct
- We expect users of the COUNTINGTHEBLESSINGS.COM WEBSITE to respect the law as well as the rights and dignity of others. While using the COUNTINGTHEBLESSINGS.COM WEBSITE you agree to comply with all applicable laws, rules and regulations. In addition, your use of the COUNTINGTHEBLESSINGS.COM WEBSITE is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the COUNTINGTHEBLESSINGS.COM WEBSITE.
You agree not to post, transmit, or otherwise make available through or in connection with the COUNTINGTHEBLESSINGS.COM WEBSITE:
- Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortuous; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertisements, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation that is not expressly approved by COUNTING THE BLESSINGS in advance.
- Any personally identifiable information of another individual, without the prior consent of such individual.
- Any material, non-public information about a company, without the proper authorization to do so.
- Use the COUNTINGTHEBLESSINGS.COM WEBSITE for any fraudulent or unlawful purpose.
- Use the COUNTINGTHEBLESSINGS.COM WEBSITE to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or to harvest or collect information about users of the COUNTINGTHEBLESSINGS.COM WEBSITE.
- Impersonate any person or entity, including without limitation any Associate of COUNTING THE BLESSINGS; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the COUNTINGTHEBLESSINGS.COM WEBSITE; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of the COUNTINGTHEBLESSINGS.COM WEBSITE or the servers or networks used to make the COUNTINGTHEBLESSINGS.COM WEBSITE available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the COUNTINGTHEBLESSINGS.COM WEBSITE (including without limitation by hacking or defacing any portion of the COUNTINGTHEBLESSINGS.COM WEBSITE).
- Use the COUNTINGTHEBLESSINGS.COM WEBSITE to advertise or offer to sell or buy any goods or services for any business purpose, without COUNTING THE BLESSINGS express prior written consent.
- Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the COUNTINGTHEBLESSINGS.COM WEBSITE.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the COUNTINGTHEBLESSINGS.COM WEBSITE.
- Remove any copyright, trademark or other proprietary rights notice from the COUNTINGTHEBLESSINGS.COM WEBSITE or materials originating from the COUNTINGTHEBLESSINGS.COM WEBSITE.
- Frame or mirror any part of the COUNTINGTHEBLESSINGS.COM WEBSITE.
- Create a database by downloading and storing COUNTINGTHEBLESSINGS.COM WEBSITE content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather COUNTINGTHEBLESSINGS.COM WEBSITE content or reproduce or circumvent the navigational structure or presentation of the COUNTINGTHEBLESSINGS.COM WEBSITE without COUNTING THE BLESSINGS express prior written consent.
- Additionally, you acknowledge and agree that you (and not COUNTING THE BLESSINGS) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the COUNTINGTHEBLESSINGS.COM WEBSITE, and for paying all charges related thereto.
- Any contest or similar promotion made available through any COUNTINGTHEBLESSINGS.COM WEBSITE may be governed by specific rules that are separate from this Agreement. By participating in any such contests or promotions, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. COUNTINGTHEBLESSINGS urges you to read the applicable rules, if any, which will be linked from the particular activity.
Saved Payment Data
- COUNTING THE BLESSINGS employs Paypal powered by Braintree to provide the ability for our customers to save their payment data for a faster and easier checkout experience. All communication with Paypal is done using SSL encryption, and no confidential cardholder data is ever stored on our servers. A process called tokenization is used to run transactions with stored payment information. This enables our customers to pay with a “saved” card that is never on our server at all! The nature of this payment method allows Counting the Blessings to qualify as PCI Complaint under the scope of PCI Self-Assessment Questionnaire D (SAQ D).
- When you access this website or use this service you are solely responsible for your account, including any activity undertaken under your username and password, including the management of any saved credit / debit cards which may be used to make purchases on the website. You agree to notify Counting the Blessings promptly if there is an unauthorized use or access to your account, or any other breach of security.
Purchases and Other Transactions
- If you wish to purchase any product or service through the COUNTINGTHEBLESSINGS.COM WEBSITE (a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card and your shipping information and email address. Any such information provided through the COUNTINGTHEBLESSINGS.COM WEBSITE will be treated by COUNTING THE BLESSINGS in accordance with this Agreement and the Security and Privacy Statement. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.
- COUNTING THE BLESSINGS reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the COUNTING THE BLESSINGS.COM WEBSITE are subject to change without notice, and COUNTING THE BLESSINGS shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to COUNTING THE BLESSINGS refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the COUNTING THE BLESSINGS.COM WEBSITE, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges unless you qualify for Free Shipping promotions. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
- COUNTING THE BLESSINGS controls and operates the COUNTINGTHEBLESSINGS.COM WEBSITE from its offices located in the State of Florida, and the COUNTINGTHEBLESSINGS.COM WEBSITE is not subject to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through the COUNTINGTHEBLESSINGS.COM WEBSITE are presented solely for the purpose of promoting products available in the United States. COUNTING THE BLESSINGS makes no representation or warranty that the COUNTING THE BLESSINGS WEBSITE, in whole or in part, or any products, services, or materials made available through the COUNTINGTHEBLESSINGS.COM WEBSITE, are appropriate or available for use in other locations. Those who choose to access the COUNTINGTHEBLESSINGS.COM WEBSITE from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
Links to or From Other Sites
- Except as otherwise expressly stated by COUNTING THE BLESSINGS on the COUNTINGTHEBLESSINGS.COM WEBSITE, COUNTINGTHEBLESSINGS.COM is not affiliated or associated with operators of any third party Websites that link to or are linked from the COUNTINGTHEBLESSINGS.COM WEBSITE. COUNTING THE BLESSINGS expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party Websites that link to or that are linked from the COUNTINGTHEBLESSINGS.COM WEBSITE. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the COUNTINGTHEBLESSINGS.COM WEBSITE because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken the steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
- YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
- COUNTINGTHEBLESSINGS.COM shall have the right, at any time and at its sole discretion, to block links to the COUNTINGTHEBLESSINGS.COM WEBSITE through technological or other means without prior notice.
- THE COUNTINGTHEBLESSINGS.COM WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. COUNTING THE BLESSINGS MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE COUNTINGTHEBLESSINGS.COM WEBSITE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. COUNTING THE BLESSINGS DOES NOT GUARANTEE (A) THAT THE COUNTINGTHEBLESSINGS.COM WEBSITE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE COUNTINGTHEBLESSINGS.COM WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT THE COUNTINGTHEBLESSINGS.COM WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE COUNTINGTHEBLESSINGS.COM WEBSITE ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- While we try to maintain the integrity and security of the COUNTINGTHEBLESSINGS.COM WEBSITE and the servers from which the COUNTINGTHEBLESSINGS.COM WEBSITE is operated, third parties may not make unauthorized alterations to the COUNTINGTHEBLESSINGS.COM WEBSITE. If you become aware of any unauthorized third party alteration to the COUNTINGTHEBLESSINGS.COM WEBSITE, contact us at MONICASILCOX@COUNTINGTHEBLESSINGS.COM with a description of the material(s) at issue and the URL or location on the applicable COUNTINGTHEBLESSINGS.COM WEBSITE where such material(s) appear.
Limitation of Liability
- IN NO EVENT SHALL COUNTING THE BLESSINGS OR ANY OF THEIR RESPECTIVE EMPLOYEES OR OFFICERS OR ASSOCIATES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "COUNTINGTHEBLESSINGS ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE COUNTINGTHEBLESSINGS.COM WEBSITE, (C) YOUR USE OF OR INABILITY TO USE THE WHOLESALEBOUTIQUE.COM WEBSITE, IN EACH EVENT, EVEN IF WHOLESALE BOUTIQUE LLC OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. COUNTINGTHEBLESSINGS IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. COUNTING THE BLESSINGS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL COUNTINGTHEBLESSINGS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN AGREEMENT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE COUNTINGTHEBLESSINGS.COM WEBSITE, OR YOUR USE OF OR INABILITY TO USE THE COUNTINGTHEBLESSINGS.COM WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE COUNTINGTHEBLESSINGS.COM WEBSITE.
- You will indemnify and hold COUNTING THE BLESSINGS harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your use of, inability to use, or activities in connection with the COUNTINGTHEBLESSINGS.COM WEBSITE; (b) any violation of this Agreement or any other COUNTING THE BLESSINGS terms, conditions or policies by you or through any account you may have with any COUNTING THE BLESSINGS; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the COUNTINGTHEBLESSINGS.COM WEBSITE infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (d) your violation of any rights of any COUNTINGTHEBLESSINGS.COM WEBSITE visitor, user, or customer, or any other third party; and you agree to reimburse COUNTING THE BLESSINGS on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).
Termination and Enforcement
- This Agreement is effective until terminated by COUNTING THE BLESSINGS You agree that COUNTING THE BLESSINGS, at its sole discretion, may terminate your access to or use of the COUNTING THE BLESSINGS.COM WEBSITE, at any time and for any reason, including without limitation if COUNTING THE BLESSINGS believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the COUNTING THE BLESSINGS WEBSITE will immediately cease. You agree that any termination of your access to or use of the COUNTINGTHEBLESSINGS.COM WEBSITE may be effected without prior notice and that COUNTING THE BLESSINGS may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that COUNTING THE BLESSINGS shall not be liable to you or any third party for any termination of your access to the COUNTINGTHEBLESSINGS.COM WEBSITE or to any such information or files, and shall not be required to make such information or files available to you after any such termination. COUNTING THE BLESSINGS reserves the right to takes steps that COUNTING THE BLESSINGS believes are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the COUNTINGTHEBLESSINGS.COM WEBSITE and/or a third party claim that your use of the COUNTINGTHEBLESSINGS.COM WEBSITE is unlawful or violates such third party's rights).
- This Agreement shall be governed by the laws of the State of FLORIDA, U.S.A. without regard to its conflicts of laws principles. You agree that any dispute or claim arising out of or relating to this Agreement shall be resolved only in the courts located in the City of PENSACOLA, State of FLORIDA, U.S.A. and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such dispute or claim.
- If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and COUNTING THE BLESSINGS. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and COUNTING THE BLESSINGS relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and COUNTING THE BLESSINGS relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to the COUNTINGTHEBLESSINGS.COM WEBSITE, by email, or by regular mail, at COUNTING THE BLESSINGS discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.