TERMS AND CONDITIONS
Last updated: 10/22/2015
INFORMATIONAL PURPOSES ONLY.
The data on this Website is for informational purposes only. Without limiting anything else in these Terms or otherwise, Somewhere Along The Way is not responsible for any errors or omissions in the Website or Website
Materials. Certain products may be purchased on the Website. Customer hereby acknowledges all conditions of purchase, shipping and returns.
Somewhere Along The Way owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Website (“Website Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Website Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Website Materials. Under no circumstances will you have any rights of any kind in or to the Website, other than the right to use the Website in accordance with these Terms and the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, you may download or print text and image files from this Website solely for such purposes without Somewhere Along The Way’s written permission, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with all other terms or restrictions which may be applicable to the individual file, image or text.
You agree that you will not use the Website for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) scraping, modifying, adapting or hacking into the Website or for modifying another Website so as to falsely imply that it is associated with Somewhere Along The Way; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other visitor of the Website who has not explicitly requested to be contacted; or (e) attempting to gain unauthorized access to Somewhere Along The Way’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Website or any services provided through the Website.
MATERIALS SUBMITTED TO THE WEBSITE.
The Website may allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Website (“User Content”). Upon your submission of User Content or other material or information to Somewhere Along The Way, you grant Somewhere Along The Way a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. By submitting User Content, you hereby waive any rights to claim a violation of your intellectual property rights. All submissions of User Content shall become the sole and exclusive property of Somewhere Along The Way. Somewhere Along The Way reserves the right to restrict the submission of User Content and remove any content it deems, in its sole discretion, inappropriate or contrary to Somewhere Along The Way’s Website intent, image or other reason.
PAYMENTS TO THE WEBSITE.
By purchasing products on the Website, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account. All payments must be made by Mastercard, Visa, Discover, Paypal, and/or bank wire, other methods of payment including, but not limited to, check and/or money order are NOT accepted for Website purchases. All Purchases are subject to the terms as detailed herein.
WEBSITE PURCHASE & SHIPMENT POLICY.
Completion of the online order forms is deemed acceptance of the invoice and all terms and conditions stated therein. Somewhere Along The Way hereby waives any and all liability arising out of the purchase of online products. Purchases shall be shipped through FedEx, UPS, USPS, or a third-party shipping company unaffiliated with Somewhere Along The Way. Customer is solely responsible for all packaging, shipping, delivery charges, taxes and fees associated with any and all purchases. Within forty-eight hours of purchase, a customer service representative will contact Customer to review shipping options and quote prices to create a custom plan tailored to your individual shipping needs. Somewhere Along The Way is not responsible for any lost, damaged or stolen items shipped through the third-party shipping company. Customer is solely responsible for insuring any purchase, at his or her own discretion, from the moment the purchase leaves Somewhere Along The Way’s possession and/or control. Somewhere Along The Way shall not be held liable or responsible for any shipping delays. All delivery times stated on the Website are for information purposes only and are solely used as a best-estimate of expected shipment time. Delivery times vary based upon production needs, additional production requirements and product availability and are subject to change in Somewhere Along The Way’s sole discretion. Somewhere Along The Way will charge a sales tax, totaling 6.0% of any purchase, for any and all purchases shipped within State of Florida. For purchases shipped outside of the United States of America, import taxes may apply. Customer is solely responsible for any and all taxes other than aforementioned State of Florida sales tax.
ONLINE RETURN POLICY.
Customer is entitled to reject any purchase upon receipt if there is a material error by Somewhere Along The Way or the product is delivered damaged or defective. Any purchase that Customer is entitled to reject may be returned and refunded provided Customer follows the return policy procedure as set forth herein. Within seven (7) days of the delivery of Customer’s purchase, Customer must notify Somewhere Along The Way, via e-mail, that the product was delivered damaged or defective and that Customer intends to return purchase. The purchase must be shipped back to Somewhere Along The Way within fourteen (14) days for any return to be deemed valid. Upon Customer’s email request, photographic proof of damage and Somewhere Along The Way’s receipt of the product, within the allotted fourteen (14) day time period, Somewhere Along The Way will review and inspect the product and, at its sole discretion, determine if the Customer’s rejection of delivery was valid and if a refund is due to Customer. Upon Somewhere Along The Way’s determination that a refund is due, Customer shall receive a refund of the full purchase price, including the delivery fees and all reasonable delivery charges arising out of the return of the product, provided that Customer encloses a valid receipt indicating the shipping costs associated with the return. Customer will receive an email notification when their return is received and processed. If and only if Somewhere Along The Way, at its sole discretion determines that a rejection was valid and a refund is due to Customer, Somewhere Along The Way shall process the applicable refund within thirty (30) days of receipt of the returned product.
Returns will ONLY be accepted if shipped back via the same company used to ship to the customer, direct signature required, and/or personal delivery to Somewhere Along The Way. In the event a return is shipped by any other means, Somewhere Along The Way reserves the right to reject the shipment and the Customer’s attempt at returning the product. Somewhere Along The Way shall not be held liable or responsible for any returns until they are received and the package has been signed for by a Somewhere Along The Way employee or agent. Returns must be packaged in the original packing materials and properly protected for the return to be deemed valid. Failure to properly package the product will result in additional damage and shall void any attempt of Customer to receive a refund.
THIRD PARTY WEBSITES AND CONTENT.
Somewhere Along The Way does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party Websites or the transactions you conduct or enter into with third parties. Your use of third party websites is at your own risk, and subject to the terms and conditions of such other websites. Somewhere Along The Way does not endorse any product, service, or treatment provided on a third party website or advertised on the Website.
LINKS AND INFORMATION
This Website may contain links to other sites. Somewhere Along The Way is not responsible for the privacy practices or the content of such web sites and disclaims any liability for any damages that may result from the use of such sites. From time to time, users have the opportunity to participate in special programs and will be able to opt in to programs that will transfer their information to other services. This will occur only with prior permission from the user. The Website uses an order form for customers to request information, products, and services. Somewhere Along The Way collects visitor’s unique identifiers and financial information (like their account or credit card numbers). Financial information that is collected is used to bill the user for products and services. Unique identifiers are collected from web site visitors to verify the user’s identity and for use as account numbers in our record system. Somewhere Along The Way expressly disclaims any liability that may arise from the provision of any information whatsoever to this site. You, the user, do hereby agree to hold Somewhere Along The Way harmless regarding any liability that may arise from the provision of any information on this site or gained through this site. By using this site, you also represent and warrant that you have read, understood and agree to the terms stated in the Agreement, which is incorporated herein by reference. Pursuant to the Agreement, you agree that all information provided to Somewhere Along The Way, shall become the property of Somewhere Along The Way, subject to any exclusions so stated herein.
The Website may create chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. Somewhere Along The Way expressly disclaims any liability that may arise from the provision of any information whatsoever to or in these forums. You, the user, do hereby agree to hold Somewhere Along The Way harmless regarding any liability that may arise from the provision of any information to these forums.
The Website has security measures in place to protect the loss, misuse and alteration of the information under our control. This includes a customer record manager and other technical systems. Somewhere Along The Way is not responsible, however, for any loss or misuse of any information you may submit to this site. You do hereby agree to hold Somewhere Along The Way harmless regarding any damages that may result from the use of this site. The submission of information to this site is done solely at the user’s own risk.
The Website provides users the opportunity to opt-out of receiving communications from our partners and us. (Please see below for further details). This site gives users the option to remove their information from our database, to not receive future communications or to no longer receive our service. Simply email us at Info@SomewhereAlongTheWay.biz.
COOKIES, AND SOMEWHERE ALONG THE WAY’S USE THEREOF
Cookies are part of the technology implemented by your browser. Most browsers are initially set up to accept cookies. You can reset your browser either to notify you when you have received a cookie, or to refuse them all together.
Somewhere Along The Way relies on cookies to preserve the Somewhere Along The Way identity you have created while logged on. If you choose to not accept cookies, you cannot participate as a registered, signed-in member. By using this site, you do hereby agree to be bound by the terms set forth in this Agreement.
SOMEWHERE ALONG THE WAY’S USE OF MEMBER INFORMATION
Two things drive Somewhere Along The Way’s decisions regarding the use of information collected from Somewhere Along The Way members: (1) improving user experience by offering personalized services and content, and (2) market research.
Somewhere Along The Way may analyze information provided directly by you, or obtained through cookies or third parties to direct services and content based on your interests. Somewhere Along The Way reserves the right to collect market research data in order to generate sales to corporate clients. However, market research data may be used at the aggregate level to:
(1) improve the likelihood of a sale to a group of Somewhere Along The Way members, (2) increase the likelihood that a group’s experience on Somewhere Along The Way is relevant to its interests as a whole, and (3) Formulate group-level statistical models that are used to accomplish goal (2) (above). Somewhere Along The Way’s market research may be collected through general use of the site.
INFORMATION LOGGED BY SOMEWHERE ALONG THE WAY
When you surf the Internet, your browser automatically transmits information to the sites you visit throughout every visit. Examples of such information include referral data (URL of the web page you were on before coming to Somewhere Along The Way), IP address and your browser version. We collect this information to help improve our services and moderate the site. All the information that is automatically submitted by your browser is considered anonymous. Somewhere Along The Way also logs information you submit through registration, forms for optional programs, surveys and other entries, cookie data and communications transmitted through Somewhere Along The Way applications. Only authorized Somewhere Along The Way staff has access to your information in its entirety. Other employees may have access to bits and pieces of this information if it pertains to their job duties.
WHAT IS SOMEWHERE ALONG THE WAY’S INFORMATION RETENTION POLICY?
SOMEWHERE ALONG THE WAY SECURITY OF COLLECTED INFORMATION
Your Somewhere Along The Way Profile is password-protected so that only you and authorized Somewhere Along The Way employees have access to your account information. In order to maintain this protection, do not give your password to anyone. If someone who says they are Somewhere Along The Way staff asks for any personal account information, including your password, contact Info@SomewhereAlongTheWay.biz to confirm this as it is highly unlikely after the initial sign-up period. Also, if you share a computer, you should sign out of your Somewhere Along The Way account and close the browser window before someone else logs on. This will protect your information on public terminals.
WITH WHOM DOES SOMEWHERE ALONG THE WAY SHARE INFORMATION?
When you submit information to Somewhere Along The Way, it is generally collected, processed and maintained solely by us. Sometimes we may allow partner companies to collect information about members from us or directly from you (through their web site). When Somewhere Along The Way is the source, it is usually so that we can provide a service with a partner. We choose to work with upstanding companies that will treat your information responsibly. But, since we don’t own these companies, we can’t speak for them on privacy issues. Before telling them about yourself, check out their privacy statements. If you are not satisfied with their information practices, you can choose to not use their service.
Below is a summary of some of the situations in which Somewhere Along The Way might share information:
Some of our services are offered in conjunction with partner companies. In order to provide these services, Somewhere Along The Way may choose to share some of your user data (e.g., including, but not limited to, user name and email address).
Some Somewhere Along The Way content is “sponsored by” or “presented by” other companies. Somewhere Along The Way typically shares market research data collected on the site or via email surveys with these partners. This information is typically aggregate and not linked to specific users.
Finally, Somewhere Along The Way reserves the right to disclose user information from both private and public areas of the site at our discretion to anyone or no one at all, if required by law or if given reason to believe, at our sole discretion, that someone is causing injury to or interference with the rights of Somewhere Along The Way members or the general public, or with Somewhere Along The Way’s rights of property. Please be advised, however, that all information submitted by you to Somewhere Along The Way becomes the property of Somewhere Along The Way. By submitting this information, you do hereby agree to allow Somewhere Along The Way to use such information at its sole discretion pursuant to the terms of the User Agreement.
Specifically, we may also share certain information about you with those of our vendors who are responsible for handling your account or performing other necessary services that you require. Although we may share sensitive financial information (i.e., credit card numbers, banking information), security information (e.g., account passwords) and personal communications (e.g., personal e-mail messages or message board postings) with such vendors where necessary and appropriate, we will not share such information with other third parties, except in response to formal requests (e.g., subpoena or court order) made in connection with litigation or arbitration proceedings directly relating to the services we provide.
SOMEWHERE ALONG THE WAY’S OPT-IN/OUT POLICY
During registration you agree to receive correspondence from either Somewhere Along The Way or its partners. This information remains on your profile where you can, at any point, easily edit it to indicate that you have changed your mind. Simply email us at Info@SomewhereAlongTheWay.biz. If you purchase anything through Somewhere Along The Way , we may occasionally contact you with information about special events, sales, and activities. You always have the option to ask Somewhere Along The Way not to contact you with this information again. If you receive unsolicited email from, or apparently from, the Somewhere Along The Way domain, please contact us at Info@SomewhereAlongTheWay.biz.
HOW CAN SOMEWHERE ALONG THE WAY MEMBERS EDIT THEIR INFORMATION?
Somewhere Along The Way believes in giving you the ability to access and edit your personal information. Mailing list preferences can be edited from the navigation bar. There you can view, update and correct your account information. You may edit your profile at any time — all you need is your user name and password. Any changes/requests for further information should be directed to Info@SomewhereAlongTheWay.biz.
So that we can protect the integrity of sensitive data, there are certain pieces of information, such as your age, that you cannot alter. For example, since children under 18 are not allowed to register as Somewhere Along The Way members, we need to take reasonable measures to preserve the accuracy of our members’ ages. Our databases automatically update any personal information you edit in your profile, or that you request we edit. Information transmitted through boards, chats, polls or through any other means remain in our databases and become the property of Somewhere Along The Way upon submission. Keep this in mind if you decide to communicate personal information through any of these applications.
SOMEWHERE ALONG THE WAY AND THE PROTECTION OF CHILDREN’S PRIVACY
Somewhere Along The Way is intended for people 18 or over. Our registration process is intentionally designed to identify children under 18 years of age. We have also made an effort to specifically limit Somewhere Along The Way to appeal to people of age 18 and older. Somewhere Along The Way will not knowingly collect any information from children under 18.
If it comes to our attention that a member has revealed, on Somewhere Along The Way, that they are under 18, a member of Somewhere Along The Way’s staff will immediately close their account.
Note to parents:
If your child is under 18 and has become a Somewhere Along The Way member using a false age, please notify us at info@SomewhereAlongTheWay.biz so that we can immediately close the account and nullify all personally identifiable information collected from them. If your child is under the age of 18 and you would like to know more about our site, information practices, stored information on your child, or how to close your child’s account, contact Somewhere Along The Way’s staff at Info@SomewhereAlongTheWay.biz. In both instances, you will need to provide your full name, address, phone number, e-mail address and your child’s user name.
NOTIFICATION OF CHANGES:
Somewhere Along The Way and its officers, directors, shareholders, employees, agents, assigns subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Content, Website Material, links, advertisements or other items contained within the Website. Somewhere Along The Way reserves the right to immediately remove any User Content or Website Material for any reason or for no reason. Somewhere Along The Way cannot and does not review all communications made on or through the Website, but, although not obligated to, may review, verify, make changes to or remove any Website Material, User Content, the Website or the products or services made available in connection with the Website with or without notice in its sole discretion.
THE WEBSITE, THE WEBSITE MATERIALS, USER CONENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE WEBSITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. SOMEWHERE ALONG THE WAY AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE WEBSITE, THE WEBSITE MATERIALS, USER MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. 11. LIABILITY. SOMEWHERE ALONG THE WAY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS EMPLOYEES, AGENTS, ASSIGNS, AFFILIATES, SUBSIDIARIES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE, THE WEBSITE MATERIALS, USER MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR SOMEWHERE ALONG THE WAY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF SOMEWHERE ALONG THE WAY AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE WEBSITE, THE WEBSITE MATERIALS OR USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE WEBSITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE WEBSITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF SOMEWHERE ALONG THE WAY AND ITS AFFILIATES, SUBSIDIARIES OR ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).
If you are dissatisfied with the Website, or with any of these Terms, or feel Somewhere Along The Way has breached these Terms, your sole and exclusive remedy is to discontinue using the Website.
You shall indemnify Somewhere Along The Way and its members, shareholders managers, directors, officers, employees, agents, contractors and licensors (“Somewhere Along The Way Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Website and your use of the Website or services obtained through the Website, your fraud, violation of law, negligence, willful misconduct, or any other use of the Website, the Website Materials, User Materials, the services, products, information and other materials on, in and made available through the Website, (except to the extent attributable to Somewhere Along The Way), or any breach by you of these Terms and shall indemnify and hold Somewhere Along The Way Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or incurred in connection with such Claims.
For notice of any violation, breach or claim arising out of the use of this Website, please send to Somewhere Along The Way at Info@SomewhereAlongTheWay.biz, a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
CHANGES TO THESE TERMS
Somewhere Along The Way reserves the right at any time to modify, alter or update these Terms. Your use of the Website following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Website before the change was made. Somewhere Along The Way reserves the right to suspend or terminate your access to this Website and/or ability to use the services with or without notice for failure to comply with these Terms, for providing Somewhere Along The Way with untrue or inaccurate information about yourself, for infringement upon Somewhere Along The Way’s proprietary rights, or for any other reason whatsoever or for no reason.
GOVERNING LAW AND JURISDICTION
By accessing this Website, you agree, and supersede any and all prior agreements, express and implied between you and Somewhere Along The Way, that you consent to the express jurisdiction of the Courts of the State of Florida, County of Alachua. The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties under this Agreement shall be governed by the internal laws of the State of Florida, without regard to conflicts of law rules. The parties hereto agree that the state and federal courts sitting in the State of Florida and County of Alachua shall be the proper forums for any legal controversy arising out of or in connection with this Agreement, and the parties hereby irrevocably and unconditionally consent to the exclusive jurisdiction of such courts for such purposes and to venue therein.
WAIVER OF JURY TRIAL EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.
The invalidity or unenforceability of any provision or provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision(s) of the Terms and Conditions, which shall remain in full force and effect.
The Website is not intended for children under the age of 18. The Website is controlled and operated from within the United States. Without limiting anything else, Somewhere Along The Way makes no representation that the Website, Website Materials, User Materials, services, products, information or other materials available on, in, or through the Website is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of Somewhere Along The Way to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”