Terms of Service

Terms of Use & Service

Last Updated on October 27, 2020.

Occasionally Appropriate, LLC (“Occasionally Appropriate”) accomplishes its mission through offering various products online, to our customers.  These Terms & Conditions (“Terms”) apply to all of your activities engaged in with Occasionally Appropriate (e.g., purchasing products, reviewing materials, receiving purchases, etc.) (referred to collectively as “Services”).  

If you live in the United States or Canada, by agreeing to these Terms you are agreeing to waive any and all jury trials and resolve any dispute with Occasionally Appropriate through binding arbitration (see the Dispute Resolution section, below).  

  • Your Account

You may need to setup an account with Occasionally Appropriate.  You have responsibility for your Occasionally Appropriate account, and you must ensure that all the information you provide Occasionally Appropriate with is accurate, including your e-mail address.  You should hold your username and password in strict confidence.  If someone other than you obtains and uses your login credentials, Occasionally Appropriate reserves the right to disable your account, without providing you a refund.  

  • Payment for Services

You agree to pay the fees for Occasionally Appropriate’s Services that you elect to purchase, and you authorize Occasionally Appropriate to charge your debit or credit card or process other forms of payment for those fees.  Occasionally Appropriate will not provide refunds, unless Occasionally Appropriate determines, in its sole discretion, that a refund is warranted.

  • Occasionally Appropriate’s Rights

All right, title, and interest in and to Occasionally Appropriate’s online presence and its Services, including its website, its existing or future applications, its mobile applications, and its databases are and will remain the exclusive property of Occasionally Appropriate.  You cannot use the Occasionally Appropriate name or any of the Occasionally Appropriate trademarks, logos, domain names, marketing materials, intellectual property, cards, product designs, graphic designs, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Occasionally Appropriate or the Services is entirely voluntary and Occasionally Appropriate is free to use such feedback, comments, or suggestions as it sees fit and without any obligation to you.

In accessing Occasionally Appropriate’s website or utilizing its materials and Services, you agree that you shall not copy, modify, create a derivative work of, reverse engineer, or reverse assemble Occasionally Appropriate’s Services or materials.  In addition, you shall not use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Occasionally Appropriate) to others.

  • Miscellaneous Terms

You agree that by registering, accessing, or using Occasionally Appropriate’s Services, you are agreeing to enter into a legally binding contract with Occasionally Appropriate that consists of these Terms and Occasionally Appropriate’s Privacy Policy. If you do not agree to these Terms and Occasionally Appropriate’s Privacy Policy, do not register, access, or otherwise use any of Occasionally Appropriate’s Services.

You also agree that these Terms represent the entire understanding between you and Occasionally Appropriate, and they supersede all previous agreements, whether oral or written between you and Occasionally Appropriate.  No change or modification of these Terms shall be valid unless the same be in writing and published by Occasionally Appropriate on its website.  If any portion of these Terms is found to be invalid or unenforceable, it shall be severable from all other portions of these Terms.

Neither the waiver by Occasionally Appropriate of a breach of or a default under any of the provisions of these Terms, nor the failure by Occasionally Appropriate, on one or more occasions, to enforce any of the provisions of these Terms or to exercise any right or privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights or privileges hereunder.

Occasionally Appropriate’s Services and products are provided on an “as is” and “where is” basis.  Occasionally Appropriate makes no representations or warranties about the suitability, reliability, availability, timeliness, or security of the Services or Occasionally Appropriate’s products, and expressly disclaims any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Your use of the Services is entirely at your own risk.

You also agree that Occasionally Appropriate shall not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, as a result of Occasionally Appropriate’s Services or your purchase or use of Occasionally Appropriate’s products.  Occasionally Appropriate’s liability to you or any third parties under any circumstance is limited to the total amount paid by you to Occasionally Appropriate over the previous 12-month period before the event giving rise to your claim(s).  

You agree to indemnify, defend, and hold harmless Occasionally Appropriate and its members, managers, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from any actions taken by you that are intentional or negligent.  Your indemnification obligation will survive the termination of these Terms and your use of the Services.  You also agree that no joint venture, partnership, employment, contractor, or agency relationship exists between you and Occasionally Appropriate.

  • Dispute Resolution and Class Action Waiver

Your relationship with Occasionally Appropriate and use of Occasionally Appropriate’s Services and materials shall be governed by the laws of the State of North Carolina, and any disputes arising under these Terms shall be adjudicated in Mecklenburg County.

You agree that any controversy or claim arising out of or relating to these Terms or your relationship with Occasionally Appropriate and use of Occasionally Appropriate’s Services and products shall be settled by arbitration administered by the American Arbitration Association in accordance with its Expedited Procedures of the Commercial Arbitration Rules.  The arbitration hearing shall take place before a single arbitrator in Mecklenburg County, North Carolina.  This agreement to arbitrate shall be enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. Sections 1, et. seq.  In addition, no arbitration proceeding hereunder shall be filed or pursued as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated.  Moreover, no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION. 

  • Updating these Terms

When Occasionally Appropriate deems it appropriate, it may update these Terms to clarify its practices or to reflect new or different practices.  Occasionally Appropriate reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If Occasionally Appropriate makes any material change, it will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through its website.  Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.