Terms of Use
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE AGREEMENT. BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 08/03/17.
Acceptance of Terms
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with The Cherry Tree, located at 320 E Jasper St, Ste A, Paris, Illinois 61944, which includes The Cherry Tree website, www.thecherrytree217.com, (the “Site”) and it’s Services, which shall be defined below.
Description of Website Services Offered
The Site is an e-commerce website, an online boutique, which is intended for the selling of The Cherry Tree merchandise to online costumers. Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms, are the sole property of The Cherry Tree. At its discretion, The Cherry Tree may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. The Cherry Tree does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that The Cherry Tree shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes and/or modifications shall constitute your acceptance of such updates, changes, or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such The Cherry Tree shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
Privacy Policy
Every member’s personal information is strictly protected by The Cherry Tree Privacy Policy (see the full Privacy Policy at thecherrytree217.com/privacy/).
Commercial Reuse of Services
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to The Cherry Tree’s site.
Modifications
The Cherry Tree shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Links
The Cherry Tree may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that The Cherry Tree shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
Release
In the event you have a dispute, you agree to release The Cherry Tree from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
Notices
The Cherry Tree may provide you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
Trademark Information
You herein acknowledge, understand and agree that all of The Cherry Tree trademarks, copyright, trade name, service marks and other logos, any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of The Cherry Tree. You herein agree not to display and/or use in any manner The Cherry Tree logo or marks without obtaining The Cherry Tree’s prior written consent.
Entire Agreement
This TOS constitutes the entire agreement between you and The Cherry Tree and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to The Cherry Tree Services.
Choice of Law and Forum
It is at the mutual agreement of both you and The Cherry Tree with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Illinois without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes arising out of or relating to the TOS, or the relationship between you and The Cherry Tree, shall be filed within the courts having jurisdiction within Edgar County, Illinois or the U.S. District Court located in said state. You and The Cherry Tree agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and the venue in such courts.
Waiver and Severability of Terms
At any time, should The Cherry Tree fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
Violations
Please report any and all violations of this TOS to The Cherry Tree as follows:
Email: thecherrytree@frontier.com