TheCatholicKid Marketplace – Vendor Terms & Conditions

WEBSITE TERMS OF USE AGREEMENT


SCHOMMER ENTERPRISES INC. WELCOMES YOU TO TheCatholicKid.com. WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE (AGREEMENT). BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

USE OF SITE


This website is provided solely for the use of current and future customers of SCHOMMER ENTERPRISES INC. to provide you with information about our company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate

i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;


ii. any advertisement, solicitation, spam, chain letter, or other similar type of information;


iii. any encouragement of illegal activity;


iv. unauthorized use or disclosure of private, personally identifiable information of others; or


v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

SITE CONTENTS AND OWNERSHIP


The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (Materials) are the property of SCHOMMER ENTERPRISES INC. or displayed with permission granted by the creator of the Materials and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Contents.

You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, SCHOMMER ENTERPRISES INC. nor the content creator grants you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. Products displayed for sale purposes must be theologically aligned with the “Teaching Magisterium of the Catholic Church”

COMMISSIONS/PAYOUTS TERMS

The terms and conditions for all payouts are subject to PayPal policy and procedure which shall be responsible for and process funds between SCHOMMER ENTERPRISES INC and Vendor. All Vendors shall be required to have an active and in good standing PayPal account. All payout shall be at a eighty percent (80%) marketplace payout rate after the transaction fee of fifteen cents (.15) has been deducted. Commissions/payouts and fees are subject to change pursuant to the then in effect policies of SCHOMMER ENTERPRISES INC and PayPal. Notification of any change in payout rates shall be at the associated email address then associated with their account. Payouts shall be sent out every month between the 1st and 10th day of each month. Payment may be withheld, at the sole discretion of SCHOMMER ENTERPRISES INC, if unforeseen technical issues arise or should a vendor be deemed to be in violation of the terms and conditions of this Agreement. Upon resolution of any technical issues or investigation of policy violation, SCHOMMER ENTERPRISES INC. will either refund the associated sale or complete the payout.

PRICING/DISCOUNT POLICY

Vendors may offer discount codes on their products at their discretion. All vendor discount codes will be calculated before payouts. (Example: Vendor creates a 10% off discount, and a customer purchases the vendor’s $1.00 product with the coupon for $0.90, payouts will be calculated on $0.90.)

Any site wide discount initiated by SCHOMMER ENTERPRISES INC. or by “TheCatholicKid.com” will not affect vendor payouts and will be deducted after the payout is calculated (Example: If “TheCatholicKid.com” creates a 10% off site wide coupon, and customer purchases a vendor’s $1.00 product with our coupon, the vendor’s payout will be calculated on $1.00)

Vendor shall be responsible for any fees or costs they may incur and for paying any applicable income, sales, or other taxes they may be subject to as a result of using the site’s services. SCHOMMER ENTERPRISES INC. may choose to issue 1099 forms to vendors who have more than $20,000.00 in annual sales on the marketplace. Vendors agree to provide sufficient information, upon request of SCHOMMER ENTERPRISES INC., in order to prevent delay in issuance of the Form 1099.

REFUND POLICY

Vendors agree that they have read and are familiar with “TheCatholicKid.com” refund policy and agree to adhere to such policy. (Policy: “if for any reason a customer is not satisfied with their order, they may request a complete refund within 30 days of purchase.”)

ACCOUNTS AND REVIEWS

Vendors are responsible for maintaining their accounts, managing their reviews, and answering product related questions in a timely manner and to the satisfaction of the customer. Vendors may not leave reviews of their own products or otherwise attempt to undermine the integrity of the websites review system. SCHOMMER ENTERPRISES INC. may remove reviews for any reason, at any time, without notice to vendor.

DISCLAIMER OF WARRANTY

You expressly agree that use of this website is at your sole risk. Neither SCHOMMER ENTERPRISES INC., its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, SCHOMMER ENTERPRISES INC. does not warrant reliability of any statement or other information displayed or distributed through the site. SCHOMMER ENTERPRISES INC. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. SCHOMMER ENTERPRISES INC. may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice. SCHOMMER ENTERPRISES INC. retains the absolute right to remove at any time, for any reason, without notice, the user’s products or posts. SCHOMMER ENTERPRISES INC. shall investigate and take any action deemed necessary, at the sole discretion of SCHOMMER ENTERPRISES INC., when any complaint or reported violation of the terms or conditions of this agreement are reported. Such action may include, but shall be limited to, issuance of a warning, suspension or termination of user’s account rights, denial of access to user, and/or complete removal of any user content on the site, including product listings.

SCHOMMER ENTERPRISES INC. may, at their sole discretion, close or suspend the account(s) of any vendor, at any time, for any reason, with or without notice. User shall have the right to close your account with the site at any time, without notice. Any account closed by user shall result in the immediate loss of access to the account and account information, past purchases, uploaded resources, and all other features of service that require account access.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,””WHERE IS,” AND “WHERE AVAILABLE” BASIS. SCHOMMER ENTERPRISES INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SCHOMMER ENTERPRISES INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

LIMITATION OF LIABILITIES

YOU AGREE THAT SCHOMMER ENTERPRISES INC. AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL SCHOMMER ENTERPRISES INC. OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER SCHOMMER ENTERPRISES INC. OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SCHOMMER ENTERPRISES INC., its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

PRIVACY POLICY

Click here to access SCHOMMER ENTERPRISES INC.’s Privacy Policy governing the use of information that SCHOMMER ENTERPRISES INC. obtains from you through your use of this website.

LIMITATIONS ON CLAIM

Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.

TERM AND TERMINATION

Without limiting its other remedies, SCHOMMER ENTERPRISES INC. may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion. SCHOMMER ENTERPRISES INC. may change, suspend, or discontinue offering services at any time. The suspensions or discontinuation of services could result in your account, and any resources or their material you may have purchased from out services, and any resources or communications (collectively “Content”) that may have been uploaded by you to our service becoming unavailable to you or other users. SCHOMMER ENTERPRISES INC. shall not be liable to user for any impact a change, suspension, or discontinuation of our Services may have including the loss of access to any Resources that user purchased, or for any loss of income from the temporary or permanent inability to sell Resources through our Services.

HYPERLINK DISCLAIMERS

As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by SCHOMMER ENTERPRISES INC. The content, accuracy, opinions expressed, and other links
provided by Linked Sites are not investigated, verified, monitored, or endorsed by SCHOMMER ENTERPRISES INC. SCHOMMER ENTERPRISES INC. does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by SCHOMMER ENTERPRISES INC. Links do not imply that SCHOMMER ENTERPRISES INC. or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of SCHOMMER ENTERPRISES INC.
or any of its affiliates or subsidiaries. Except for links to information authored by SCHOMMER ENTERPRISES INC., SCHOMMER ENTERPRISES INC. is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. SCHOMMER ENTERPRISES INC. reserves the right
to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.

CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. SCHOMMER ENTERPRISES INC. makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Sanilac County, Michigan for any disputes with SCHOMMER ENTERPRISES INC. arising out of your use of this site.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between SCHOMMER ENTERPRISES INC. and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and SCHOMMER ENTERPRISES INC. with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO AGREEMENT

We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. SCHOMMER ENTERPRISES INC. does not and will not assume any obligation to notify you of changes to this Agreement.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from SCHOMMER ENTERPRISES INC. solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.