General Terms and Conditions
The effective date of these general terms and conditions is April 5, 2021.
These terms and conditions apply to your use of our website. In these terms and conditions, “we,” “us,” and “our” refer to Goldsteins’, Rosenberg’s Raphael-Sacks, Inc., and our current and future affiliates. “You” and “your” refer to the person using this website. By using this website, including for credit card payments, you are accepting and agreeing to these terms and conditions.
Your use of our website means that you have read and agreed to these terms and conditions, which are incorporated by reference in each paper or electronic contract you enter into with us. If you do not wish to be bound by these terms and conditions, please leave our website immediately.
Accessibility. This website may become unavailable to you as a result of maintenance, malfunction of hardware or software, or for other reasons, such as cyberattacks. You acknowledge and confirm that we have no liability to you in any of these instances.
Our Intellectual Property; Our Legal Fees and Costs
- You may use our Intellectual Property solely for the purposes of informing yourself about us and our services. “Intellectual Property” means all content or information on or forming our website, including by way of example and not of limitation all trademarks, trade dress, logos, trade names, website pages, designs, graphics and text appearing on our website, whether owned by us or licensed by us from third parties.
- You are not permitted to engage in linking or framing to any portion of our website or copy any portion of the website or any Intellectual Property. Except for Intellectual Property licensed to us, all Intellectual Property is our property exclusively. For ourselves and our third party licensors, we reserve all ownership and other rights with respect to Intellectual Property. The only exceptions are for the limited purposes described in these terms and conditions. Your limited right to use the Intellectual Property does not give you any ownership or other rights in the Intellectual Property.
- If you misappropriate or use any Intellectual Property other than for these limited purposes without our prior written consent, you acknowledge and agree that we (and any third party licensors to us) may pursue any available injunctive, equitable, and monetary remedies against you to protect and enforce our rights. You agree that if you misappropriate or use any Intellectual Property other than for these limited purposes without our prior written consent, you will pay us all of our legal fees and costs for protecting and enforcing our and our third party licensors’ rights with respect to the Intellectual Property.
Inaccuracies. We attempt to ensure the accuracy of this website. However, we do not guarantee the accuracy of this website. Our website may include inaccuracies or other errors. Other individuals or businesses may add unauthorized content or otherwise make unauthorized changes to our website. If you believe an inaccuracy exists, please notify us so that we can determine whether a correction is appropriate.
Security. You agree not to attempt to interfere with or otherwise disrupt the operations of this website or assist anyone else in attempting to do so. You acknowledge that we may monitor your use of this website and terminate your access rights to this website at any time for security reasons in our sole discretion. You agree not to violate any law or regulation in using this website or using our services.
Copyright Notice. All of our Intellectual Property is Copyright © 2021 Goldsteins’, Rosenberg’s-Raphael Sacks, Inc.
Trademark Notice. We own the trademark to “Goldsteins’, Rosenberg’s Raphael-Sacks”TM in the United States. We may also own other trademarks on this website not named in the previous sentence that are also protected by law.
GOVERNING LAW; CONSENT TO JURISDICTION. YOU AGREE THAT THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA (WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES) WILL GOVERN ANY DISPUTE THAT MIGHT ARISE RELATED TO THIS WEBSITE OR SERVICES. THE UNITED NATIONS “CONVENTION RELATING TO A UNIFORM LAW ON THE INTERNATIONAL SALE OF GOODS” OR ANY SUCCESSOR CONVENTION OR LAW WILL NOT BE APPLIED. ANY ACTION RELATING TO THESE TERMS MAY ONLY BE BROUGHT AND MAINTAINED IN THE FEDERAL OR STATE COURTS SITUATED IN PHILADELPHIA COUNTY IN THE COMMONWEALTH OF PENNSYLVANIA. YOU CONSENT TO PERSONAL JURISDICTION AND VENUE SOLELY AND EXCLUSIVELY IN THE FEDERAL OR STATE COURTS SITUATED IN PHILADELPHIA COUNTY IN THE COMMONWEALTH OF PENNSYLVANIA WITH RESPECT TO ANY PROCEEDING RELATED TO THIS WEBSITE OR SERVICES. YOU ACKNOWLEDGE AND CONFIRM THAT YOU ARE WAIVING ANY RIGHT TO OBJECT TO THE STATED JURISDICTION FOR ANY REASON.
WAIVER OF JURY TRIAL. WE AND YOU EACH WAIVE ANY RIGHT TO ASK FOR A JURY TRIAL IN ANY DISPUTE RELATED TO THESE TERMS OR THE MATTERS REFERRED TO IN THESE TERMS. tHIS MEANS THAT ONLY A JUDGE WILL HEAR AND DECIDE ANY DISPUTE BETWEEN YOU AND US.
CLASS ACTION WAIVER. NEITHER WE NOR YOU WILL SEEK TO HAVE ANY DISPUTE RELATED TO THESE TERMS OR ANY MATTERS REFERRED TO IN THESE TERMS HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH ANY INDIVIDUAL OR ENTITY SEEKS TO ACT IN A REPRESENTATIVE CAPACITY. ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
Amendment and Cancellation of Terms and Conditions. We may amend these terms and conditions at any time without giving prior notice. We may change, suspend, or terminate the availability or features of this website, including online payments, at any time, without prior notice.
Entire Agreement. Other than any paper or electronic contract you enter into with us for the Service, these terms and conditions are the entire agreement between you and us regarding our website and services. These terms and conditions supersede all oral or written prior agreements between you and us other than any such paper or electronic contracts. If there is a conflict between these terms and conditions and any such paper or electronic contracts, the paper or electronic contracts will control.
Severability. If a court finds any of these terms and conditions to be unlawful, invalid or unenforceable, that provision will be deemed severed from these terms and conditions and the severing of the provision will not affect the validity or enforceability of the remaining terms and conditions.
NO WARRANTIES; USE “AS IS”. YOUR USE OF OUR WEBSITE IS ON AN “AS IS” BASIS. WE ARE NOT PROVIDING ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING OUR WEBSITE OR THE SERVICES WE PROVIDE, INCLUDING WITH RESPECT TO THE RESULTS YOU MAY OBTAIN FROM USING THIS WEBSITE OR THE SERVICES. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT AND ANY OTHER IMPLIED WARRANTIES THAT COULD APPLY TO OUR WEBSITE OR THOSE SERVICES.
ASSUMPTION OF RISK OF LOSS. YOU ASSUME TOTAL RESPONSIBILITY FOR ANY RISKS RELATED TO USING OUR WEBSITE, INCLUDING, BY WAY OF EXAMPLE AND NOT OF LIMITATION, ANY DAMAGE TO YOUR COMPUTER, ELECTRONIC DEVICE, PHONE OR OTHER EQUIPMENT OR SOFTWARE OR OTHER PROPERTY OF YOURS, INCLUDING FINANCIAL AND OTHER PERSONAL INFORMATION (COLLECTIVELY, “YOUR PROPERTY”). IF YOU CLICK ON ANY HYPERLINKS ON THIS SITE, YOU ALSO ARE ASSUMING TOTAL RESPONSIBILITY FOR ANY DAMAGE TO YOU OR YOUR PROPERTY THAT MAY RESULT FROM USING THE HYPERLINK AND ANY WEBSITES TO WHICH YOU ARE DIRECTED.
LIMITATION ON LIABILITY. IN CONNECTION WITH ANY CARD PAYMENT OR YOUR USE OF THIS WEBSITE GENERALLY, WE AND/OR THE PAYMENT PROCESSOR ARE NOT LIABLE FOR ANY INACCURACY, ERROR OR DELAY IN, OR OMISSION OF (A) ANY DATA, INFORMATION OR MESSAGE, OR (B) THE TRANSMISSION OR DELIVERY OF ANY SUCH DATA, INFORMATION OR MESSAGE; OR (C) ANY LOSS OR DAMAGE ARISING FROM OR OCCASIONED BY ANY SUCH INACCURACY, ERROR, DELAY OR OMISSION, NON-PERFORMANCE OR INTERRUPTION IN ANY SUCH DATA, INFORMATION OR MESSAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND/OR THE PAYMENT PROCESSOR ARE NOT LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RELATED TO YOUR USE OF THIS WEBSITE GENERALLY OR THE PROVISION OF OR ANY INADEQUACY OR DEFICIENCY IN THE PROCESSING OF CREDIT CARD PAYMENTS OR RESULTING FROM UNAUTHORIZED ACCESS OR ALTERATION OF TRANSMISSIONS OF DATA OR ARISING FROM SUSPENSION OR TERMINATION OF THE SERVICE. THESE DAMAGES LIMITATIONS WILL APPLY EVEN IF YOU HAVE NOTIFIED US, OR WE SHOULD HAVE KNOWN, OF THE POSSIBILITY OF THOSE DAMAGES OR LOSSES.