Last updated: January 23, 2019
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.
You may use the Service to purchase a performance (Singing Valentine) by a barbershop quartet (Quartet) and related items (Additional Valentine Card, Additional Solitary Rose Bouquet). In the process of purchasing a Singing Valentine you will designate the person or persons (Recipient) to whom the Quartet will sing, a place (Location) at which the Quartet will sing, and a time period (Delivery Window) during which the Singing Valentine may by delivered. You may request a Delivery Window of two or more hours (Standard Delivery), or for an additional charge you may specify a Delivery Window of less than two hours (Short Delivery).
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Orange Empire Chorus.
Orange Empire Chorus 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 Orange Empire Chorus 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.
You may cancel your Singing Valentine order by 6:00PM of the day preceding your requested Delivery Window(s) and receive a full refund on your order. For cancelations after that time Orange Empire Chorus cannot guarantee that delivery will be canceled and will not refund your payment.
Orange Empire Chorus will make a reasonable effort to deliver your Singing Valentine order within your requested Delivery Window(s). If we are unable to do so, we will refund your payment.
We will consider your Singing Valentine order to have been delivered and we will not refund your payment, 1) if we arrive at your requested Location within your requested Delivery Window(s) and find that your requested Recipient(s) is/are not present or available, or 2) if, in the sole discretion of any member of the Quartet assigned to deliver your Singing Valentine order, said delivery engenders unusual risk to the property and/or persons of said Quartet.
We will refund your payment for an order that we cancel. Orange Empire Chorus reserves the right to cancel your order for any of the following reasons: 1) we are unable to schedule your Singing Valentine delivery within your requested Delivery Window(s), 2) you have purchased a Singing Valentine with Standard Delivery but have requested a Delivery Window of less than two hours, or 3) you have purchased one or more Additional Valentine Cards and/or Additional Solitary Rose Bouquets without also purchasing an accompanying Singing Valentine. We will inform you of cancelation of your delivery by 9:00PM of the day preceding the last day of your Delivery Window(s) using your telephone number and/or email address that you provided as part of the order.
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.
These Terms shall be governed and construed in accordance with the laws of United States and the State of California without regard to their 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.
Any payment dispute arising out of your Singing Valentine order shall be resolved by the payment processor, Square, Inc. or PayPal, Inc.
Any other controversy or claim arising out of your Singing Valentine order shall be resolved by means of binding arbitration before a single arbitrator in accordance with the then existing Commercial Arbitration Rules of the American Arbitration Association, including the Optional Rules for Emergency Measures of Protection. The arbitrator shall be a practicing attorney or retired judge with at least fifteen years total working experience as such. The arbitration shall be held in Orange County, California or any other place agreed upon at the time by the parties. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages
A party may apply to the arbitrator seeking injunctive relief until an arbitration award is rendered or the dispute is otherwise resolved. A party also may, without waiving any other remedy, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party pending the arbitrator’s appointment or decision on the merits of the dispute. If the arbitrator determines that a party has generally prevailed in the arbitration proceeding, then the arbitrator shall award to that party its reasonable out-of-pocket expenses related to the arbitration, including filing fees, arbitrator compensation, attorney’s fees and legal costs.
The arbitrator shall provide a standard form of award. Judgment upon the arbitrator’s award may be entered in any court having jurisdiction. The arbitration proceedings and arbitrator’s award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
The arbitrator shall require exchange by the parties of (i) the name and, if known, address and telephone number of each person likely to have knowledge of relevant information, identifying the subjects of the information, and (ii) non-privileged documents, including those in electronic form, that are relevant to the issues raised by any claim, defense or counterclaim or on which the producing party may rely in support of or in opposition to any claim, defense or counterclaim. The arbitrator shall limit such production based on considerations of unreasonable expense, duplication and undue burden. These exchanges shall occur no later than a specified date within 60 days following the appointment of the arbitrator. At the request of a party, the arbitrator may at his or her discretion order the deposition of witnesses. Depositions shall be limited to a maximum of three depositions per party, each of a maximum of four hours duration, unless the arbitrator otherwise determines. The arbitrator may allow such other discovery as he or she determines is reasonably necessary for a fair determination of the dispute. Any dispute or objections regarding discovery or the relevance of evidence shall be determined by the arbitrator. All discovery shall be completed within 120 days following the appointment of the arbitrator, unless the arbitrator otherwise determines.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking 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.
If you have any questions about these Terms, please contact us.