Terms & Conditions – ExploreThatStore
ExploreThatStore, LLC (“explorethatstore.com”) owns and operate this Website. This document governs your relationship with explorethatstore.com (“Website”) which is based in the United States. Access to and use of this Website and the services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and ExploreThatStore, LLC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of ExploreThatStore, LLC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by ExploreThatStore, LLC and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By paying a service bill on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Memberships will always be confirmed by email or written notice.
In order to contract with ExploreThatStore, LLC you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. ExploreThatStore, LLC retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be ExploreThatStore, LLC or may in some cases be a third party. Where a contract is made with a third party ExploreThatStore, LLC is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the services. The cost of foreign services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you pay a bill, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the services which you ordered have been dispatched to you. Only those services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any services which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the service, you will receive a full refund. Additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your VISA, Mastercard, Discover or American Express card though NPC Payments (https://www.firstlinemerchant.com/) to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the service you wish to purchase. Once the services have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of services you have purchased as listed in the confirmation email. All transactions are secured through a 128bit GeoTrust EV SSL CA-G4 Certificate for all website communications.
(d) Refunds and Returns
Refunds and returns are generally not allowed. Once a contract is in place we follow that lettering of that contract to provide service to the client. There are some exceptions to this policy but they are rare. Contracts may be reviewed if the service being provided is not being contractually provided.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law ExploreThatStore, LLC and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect ExploreThatStore, LLC’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
We, the Operators of this Website, provide it as a public service to our users.
Links to Non-Operators Web Sites
The Operators may gather aggregate information, which refers to information your computer automatically provides to us and that cannot be tied back to you as a specific individual. Examples include referral data (the web sites you visited just before and just after our site), the pages viewed, time spent at our Web site, and Internet Protocol (IP) addresses. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. For example, when you request a page from one of our sites, our servers log your IP address to create aggregate reports on user demographics and traffic patterns and for purposes of system administration.
Every time you request or download a file from the web site, the Operators may store data about these events and your IP address in a log file. The Operators may use this information to analyze trends, administer the web site, track users’ movements, and gather broad demographic information for aggregate use or for other business purposes.
Most browser software can be set up to deal with cookies. You may modify your browser preference to provide you with choices relating to cookies. You have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. If you choose to reject cookies, certain of the functions and conveniences of our web site may not work properly, and you may be unable to use those of the Operators’s services that require registration in order to participate, or you will have to re-register each time you visit our site. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. We do not link non-personal information from cookies to personally identifiable information without your permission.
The Operators’s web site also may use web beacons to collect non-personal information about your use of our web site and the web sites of selected sponsors or members, your use of special promotions or newsletters, and other activities. The information collected by web beacons allows us to statistically monitor how many people are using our web site and selected sponsors’ sites; how many people open our emails; and for what purposes these actions are being taken. Our web beacons are not used to track your activity outside of our web site or those of our sponsors. The Operators do not link non-personal information from web beacons to personally identifiable information without your permission.
Personal information is information that is associated with your name or personal identity. The Operators use personal information to better understand your needs and interests and to provide you with better service. On some of the Operators web pages, you may be able to request information, subscribe to mailing lists, participate in online discussions, collaborate on documents, provide feedback, submit information into registries, register for events, apply for membership, or join technical committees or working groups. The types of personal information you provide to us on these pages may include name, address, phone number, e-mail address, user IDs, passwords, billing information, or credit card information.
Members-Only Web Sites
Information you provide on Operators’s membership applications is used to create a member profile, and some information may be shared with other of the Operators’s individual member representatives and organizations. By providing us with your personal information on the membership application, you expressly consent to our storing, processing, your information for these purposes.
How We Use Your Information
The Operators may use non-personal data that is aggregated for reporting about the Operators’s web site usability, performance, and effectiveness. It may be used to improve the experience, usability, and content of the site.
The Operators may use personal information to provide services that support the activities of the Operators’s members and their collaboration on the Operators’s standards and projects. When accessing the Operators’s members-only web pages, your personal user information may be tracked by the Operators in order to support collaboration, ensure authorized access, and enable you to pay bills or services.
Credit card information may be collected to facilitate service applications; or if you purchase a service from our website, such information will not be kept longer than necessary for providing the services requested. Credit card numbers are used only for processing payment and are not used for other purposes. Payment processing services are handled by a third-party payment service NPC Payments. the Operators may share your personal information with its partners to facilitate these transactions.
In keeping with our open process, the Operators may maintain publicly accessible archives for the majority of our activities. For example, posting an email to any of the Operators’s-hosted public mail lists or discussion forums, subscribing to one of our newsletters or registering for one of our public meetings may result in your email address becoming part of the publicly accessible archives.
On some sites, anonymous users are allowed to post content and/or participate in forum discussions. In such a case, since no user name can be associated with such a user, the IP address number of a user is used as an identifier. When posting content or messages to a Operators site anonymously, your IP address may be revealed to the public.
If you are a registered member of an Operators’s website or email list, you should be aware that some items of your personal information may be visible to other members and to the public. The Operators’s member databases may retain information about your name, e-mail address, company affiliation (if an organizational member), and such other personal address and identifying data as you choose to supply. That data may be visible to other of the Operators’s members and to the public. Your name, e-mail address, and other information you may supply also may be associated in the Operators’s publicly accessible records with the Operators’s various committees, working groups, and similar activities that you join, in various places, including: (i) the permanently-posted attendance and membership records of those activities; (ii) documents generated by the activity, which may be permanently archived; and, (iii) along with message content, in the permanent archives of the Operators’s e-mail lists, which also may be public.
Please remember that any information (including personal information) that you disclose in public areas of our web site, such as forums, message boards, and news groups, becomes public information that others may collect, circulate, and use. Because we cannot and do not control the acts of others, you should exercise caution when deciding to disclose information about yourself or others in public forums such as these.
If you do not want your personal information collected and used by the Operators, please do not visit the Operators’s web site or apply for membership of any of the Operators’ websites or email lists.
Access to and Accuracy of Member Information
The Operators are committed to keeping the personal information of our members accurate. All the information you have submitted to us can be verified and changed. In order to do this, please email us a request. We may provide members with online access to their own personal profiles, enabling them to update or delete information at any time. To protect our members’ privacy and security, we also may take reasonable steps to verify identity, such as a user ID and password, before granting access to modify personal profile data. Certain areas of the Operators’s web sites may limit access to specific individuals through the use of passwords or other personal identifiers; a password prompt is your indication that a members-only resource is being accessed.
The Operators make every effort to protect personal information by users of the web site, including using firewalls and other security measures on its servers. No server, however, is 100% secure, and you should take this into account when submitting personal or confidential information about yourself on any web site, including this one. Much of the personal information is used in conjunction with member services such as collaboration and discussion, so some types of personal information such as your name. The Operators assume no liability for the interception, alteration, or misuse of the information you provide. You alone are responsible for maintaining the secrecy of your personal information. Please use care when use access this web site and provide personal information.
From time to time the Operators may email you electronic newsletters, announcements, surveys or other information. If you prefer not to receive any or all of these communications, you may opt out by following the directions provided within the electronic newsletters and announcements or by submitting an electronic request to: https://www.exploredigital.com/support/open.php
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with ExploreThatStore, LLC and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the service and is in no way an assertion that such services are endorsed by or connected to ExploreThatStore, LLC.
You agree to indemnify, defend and hold harmless ExploreThatStore, LLC, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
ExploreThatStore, LLC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. You can contact us directly by email at [email protected], by phone at 619-383-2014, online at https://www.exploredigital.com/support/open.php or fax at 619-930-9133
You can also write a letter to:
2870 5th Ave, Suite 107
San Diego, CA 92103
ATT: Ryan Saucerman
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and ExploreThatStore, LLC. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of ExploreThatStore, LLC.
Customer Service Contact
You can contact us directly by using one of the following methods;
Email: [email protected]
2870 5th Ave, Suite 107
San Diego, CA 92103
ATT: Ryan Saucerman