Terms of Service

Last Updated: July 30, 2020.

Terms. Langham Street, Inc., d/b/a At Present, (“Langham Street”, “we” or “us”) owns and operates the website at extraordinarymakers.com (the “Site”), where you can find information about our products (the “Products”). These Terms and Conditions (the “Terms”) describe the rights and obligations of a website user or visitor (“user” or “you”) in connection with your use of the Site.

By accessing or using the Site in any way, you agree to our Privacy Policy (available at https://www.atpresent.com/pages/privacy) and to be bound by these Terms.  From time to time, we may make modifications, deletions or additions to the Site or these Terms. Your continued use of the Site following the posting of any changes to the Terms constitutes acceptance of those changes. 

Eligibility. The Site and services it describes are available only to individuals who are at least 13 years old, unless we specify otherwise. No one under this age may access or use the Site or provide any personal information through the Site.  The Site is only intended for use in the United States.

Intellectual Property. Langham Street and its licensors own all intellectual property rights in the Site and Products. The Site and Products are protected by copyright, trademark, patent and other United States and foreign laws. These Terms of Service don't grant you any right, title or interest in the Langham Street Site, Products, or intellectual property.  You will not use our copyrights or trademarks or any confusingly similar marks, except as permitted by law or with our prior written permission. 

Subject to these Terms, we grant each user of the Site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) the Site content solely for viewing, browsing and using the functionality of the Site. All Site content is for general informational purposes only.  In addition, you may print one copy of any site page, which you may only use for your personal (not commercial) purposes. 

Copyright Protection. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.  If you believe that anything on the Site infringes on a copyright that you own or control you may file a notification of such infringement by emailing today@atpresent.com. 

Feedback and other Submissions.  We're always working to improve our users' experience, and we appreciate hearing about your experience using our Site or Products.  However, if you submit feedback or suggestions about our Site or Products, regardless of what your submission may say, your feedback or suggestions are non-confidential and unsolicited, and we may use them without restriction or obligation to you.  This means that your submissions and their contents will automatically become the property of Langham Street without any compensation to you, and Langham Street may use or redistribute the submissions and their contents for any purpose and in any way.

Disclaimer. The Site is provided on an "as is" basis without warranties of any kind, either express or implied. To the extent permitted by law, we and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “Langham Street Parties”) disclaim all warranties, express or implied, with respect to the Site, content or services (including third party services) on or accessible through the Site, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, or arising from course of dealing, course of performance or usage in trade.  Langham Street does not represent or warrant that materials in the Site are accurate, complete, reliable, current or error-free. Langham Street does not represent or warrant that the sites or its servers are free of viruses or other harmful components. 

Limitation of Liability.  To the extent not prohibited by applicable law, in no event will Langham Street be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to the Site, an Order, a Product, these Terms, or your use of or inability to use any Product, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Langham Street has been advised of the possibility of such damages. In no event will Langham Street’s total liability to you for all damages exceed the greater of: (1) the purchase price of the product related to the claim; or (2) $100 (other than as may be required by applicable law). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Miscellaneous. These Terms shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflicts of law rules, and the United States of America. These Terms constitute the entire agreement between us regarding the Site and supersedes and merges any prior proposals, understandings and contemporaneous communications. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver. The failure of either party to enforce its rights under these Terms at any time for any period will not be construed as a waiver of such rights. 

Contact. If you have any questions, complaints, or claims with respect to the Site, you can contact us at today@atpresent.com.

PURCHASES

If you choose to purchase a Langham Street product (an “Order”), you agree to the following additional terms.

Payment. You agree to be charged the purchase price for the Product, including estimated shipping costs and taxes at the time you place your Order.  We will not store or process your payment information; we use Shopify to do this.  Please review their terms (available at https://www.shopify.com/legal/terms-payments-us) for additional information.  Unless we explicitly tell you on your order that we are withholding sales tax, all taxes, import duties, and other charges are not included in the purchase price. These charges are your responsibility.

Shipping. We will provide an estimated shipping date, however these dates are estimates only and the actual shipping date may vary. Langham Street may allocate its supply of the Product in any manner Langham Street deems appropriate, and we may choose to refund any amounts paid in lieu of delivery.  If you experience issues with your shipment, such as damages or lost packages, today@atpresent.com and we will work with you to file a claim with the shipping company or otherwise resolve your issues. 

No Resale. You represent that the Product you have offered to purchase is for your own use and not for resale.

Returns. We want you to love your Langham Street Products.  You may return a Product up to 14 days after you receive it for a full refund, minus shipping fees, so long as the Product is in its original packaging, with all tags attached, and otherwise in the same condition as when you received it.  To start a return, email info@langhamstreet.com and we will provide instructions and shipping options.

Otherwise As Is.  EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTY OF ANY KIND, AND LANGHAM STREET HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO ORIGIN, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Arbitration. IF YOU ARE A U.S. RESIDENT, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS.  Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Langham Street and limits the manner in which you can seek relief from us.   If you do not agree with this Arbitration Agreement, you should not place your Order, or cancel it immediately.

Applicability of Arbitration Agreement. You agree that any dispute or claim relating to your use of the Products, or these Terms, including this Arbitration Agreement, will be resolved by binding arbitration, rather than in court, except as set forth in the Exceptions to Arbitrate section below.  You and Langham Street hereby waive any constitutional or statutory rights to sue in court and have a trial in front of a judge or jury.

NO CLASS ACTIONS

You may only resolve disputes with Langham Street on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

Arbitration Rules, Forum, and Fees. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  The arbitration will be conducted by JAMS, and subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, or JAMS’s most current version of the Streamlined Arbitration Rules and Procedures if the dispute involves claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.

Exceptions to Arbitrate.  Either you or Langham Street may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and you or Langham Street may bring a lawsuit solely for injunctive relief to stop infringement or other misuse of intellectual property rights.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Langham Street.