Terms of Sale

Definitions.

Please see Site Terms of Service for a more extensive list of definitions.  By accepting and agreeing to the Seneca Speaks Terms of Sale, the User hereby warrants and agrees to Seneca Speaks’ Terms of Service, Privacy Policy, Disclaimer of Warranties, Shipping Policy, and all other applicable documentation and/or policy on Seneca Speaks’ Site.

1.    Any reference on this web site or any other type of documentation or representation of the name “Terms of Sale” means the Terms of Sale agreement listed on senecaspeaks.com, Seneca Speaks Site.

2.    Any reference on this web site or any other type of documentation or representation of the name “TOSa” means the Terms of Sale agreement listed on senecaspeaks.com, Seneca Speaks Site.

3.    Any reference on this web site or any other type of documentation or representation of the name “Domain of Control” means the User complete responsibility for all Submissions to senecaspeaks.com, Seneca Speaks Site; holding Seneca Speaks harmless for any duty or responsibility for the quality of production and any/all errors and omissions.

4.    Any reference on this web site or any other type of documentation or representation of the name “Date of Purchase” means the date the User purchases any Products and/or Services from Seneca Speaks Site (website).

5.    Any reference on this web site or any other type of documentation or representation of the name “Guarantee Period” means the qualified period of Product refund or replacement within ninety (30) days from the Date of Purchase.

Terms

1.  Acceptance of Terms:  By making/completing a purchase on the Site for Products and/or Services, the User hereby warrants and agrees to the Terms of Sale, Terms of Service, Privacy Policy and Disclaimer of Warranties.

2.  Errors and Omissions: 

a.   Seneca Speaks shall not check nor be responsible to check for errors (grammatical, spelling, textual, graphical, and all other kind), omissions, graphical quality, or any other variance related to User submissions; and further that User shall hold harmless Seneca Speaks for any/all errors and omissions as set forth in the “Errors and Omissions” term.

b.   Seneca Speaks does not proof or review Submissions before posting.

3.  Cancellation:  Seneca Speaks retains the sole right to cancel a purchase/sale in the event of:

a.   A User violation of the Terms of Service, Terms of Sale, Privacy Policy, Disclaimer of Warranties, and all other legally binding terms and agreements;

b.   By User Submission, the violation of any party’s privacy rights and/or intellectual property rights.

c.   The User’s use of harmful, threatening, invasive, abusive, vulgar, harassing, defamatory, obscene, inflammatory, libelous, illegal, hateful, or otherwise objectionable Content.

4.  User Content:  Seneca Speaks shall allow User to upload or provide Content for submission: User Owned intellectual property, images, text, graphics of all kinds, and the like; further that the User grants Seneca Speaks license to utilize said Content for its determined purposes.  It is the User’s sole responsibility to ensure the uploaded content is suitable for the purpose the User submitted the Content; further the User agrees and warrants that Seneca Speaks shall be free of any responsibility and/or liability regarding any/all User Submitted Content in relation to its functionality, suitability, and/or final output quality. 

The User warrants that the User possesses the copyright and/or license to utilize the Content in the manner intended by the User when submitting Content to Seneca Speaks.

5.  Product(s) Composition:  The User agrees and warrants that the Site listed Product(s) are only composed of materials noted in the Product(s) description and not any other materials.  The User further agrees and warrants that Site listed Product(s) not accompanied by a Product(s) description are not warranted and/or guaranteed to be composed of any one/or particular material; and as such cannot be guaranteed by Seneca Speaks of any measure of quality, performance, safety, or durability. 

All listed Site Product(s) material composition is accepted by the User “as is”; and said composition is understood as is commonly accepted by North American societal normative.  The User accepts and warrants that any Site listed Product(s) User purchase is legal to be purchased and possessed in their respective state, province or locality; and further the User accept any/all responsibility for any infraction and any law or ordinance by User purchase of any/all Site Product(s) purchases.

6.  Third Party Content:  Seneca Speaks shall allow User to upload or provide User licensed Third Party Content for submission: Third Party Owned and User licensed intellectual property, images, text, graphics of all kinds, and the like. It is the User’s sole responsibility to ensure the uploaded Third Party Content is suitable for the purpose the User submitted the Content; further the User agrees and warrants that Seneca Speaks shall be free of any responsibility and/or liability regarding any/all User Submitted Third Party Content in relation to its functionality and/or suitability. 

The User warrants that the User possesses the license to utilize the aforementioned Third Party Content in the manner intended by the User when submitting the Third Party Content to Seneca Speaks.

The User agrees and warrants that it shall hold harmless, indemnify, and legally protect Seneca Speaks from any/all liability of any/all kind in the event that the User violated any/all Third Party Content license terms by submitted Third Party Content to Seneca Speaks.

7.  Binding Arbitration:  User waives any/all rights to a jury trial in relation to the Site, Service, and the Terms of Sale, connect to any/all disputes where User makes any/all Claim(s) against Seneca Speaks; and further that said disputes shall be exclusively resolved under confidential binding arbitration held exclusively in Ravalli County, Montana in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Montana law.  The arbitrator’s determination and award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Said arbitrator’s determination shall not, under any circumstances, be enjoined with any other party arbitration, class action, or legal action with any other party(s) in relation to Seneca Speaks, Site and/or Service.  By agreeing to seek remedy for any/all disputes or claims with Seneca Speaks exclusively by binding arbitration, the User, under no duress or coercion, knowingly and voluntarily waives all right to sue Seneca Speaks in any court of law or by jury resolution (jury trial) from any/all claims related to Seneca Speaks, Site, and/or Service.  Any claim against Seneca Speaks, the Site, and/or Service must be asserted individually by the User. 

8.  Return/Refund Policy:  Seneca Speaks does not warrant or guarantee any/all Products perform as intended or under any prescribed conditions.  Seneca Speaks explicitly does not warrant or guarantee its Products are free of production/manufacturing deficiencies or shall remain durable; and as such shall provide for designated Products a qualified return or replacement for thirty (30) days (Guarantee Period) after the Date of Purchase.  In the event of Product failure in relation to production/manufacturing deficiency within the Guarantee Period, User agrees, at Seneca Speaks’ sole discretion, to: replace the deficient Product with a Product of equal or lesser value; or fully refund the purchase price—replacing Product or refunding purchase price only after the following actions have been taken by the User, submitted to Seneca Speaks, and certified valid by Seneca Speaks:

a.   User photographs Product deficiencies;

b.   User provide date, time and location of the Product when it failed;

c.   User submits a full description of circumstances regarding the Product failure due to manufacturing and/or production;

d.   User describes use of Product at the time and date of Product failure;

e.   User describes the condition of the Product at the time and date of Product failure;

f.    User provided any other applicable or pertinent information regarding the Product failure.

9.  Order Changes:  The User warrants and agrees that the User has experienced ample opportunity through the Seneca Speaks Site listings viewing experience and shopping cart checkout to make changes to the User Site purchase.  The User further warrants and agrees that it is the User’s sole responsibility to review, revise, or cancel the User’s order; and by the User completing the purchase of the listed Seneca Speaks Product(s) and/or Service(s) the User warrants and agrees that the User’s order purchase is final.  The User warrants and agrees that Seneca Speaks shall not, under any circumstances be required to refund a User reviewed and completed order purchase.

Version: TOSa 1.0  Effective Date: March 1, 2023

Shipping Policy

Packages are generally dispatched within 2 business days after receipt of payment and are shipped via US Mail with tracking and drop-off without signature, and or other 3rd party shipping carrier servicers. If you prefer delivery with required signature, an additional cost will be applied, so please contact us before choosing this method.

Additional shipping fees, include handling and packing fees may be assessed for specialty orders require special handling. Handling fees are fixed, whereas transport fees vary according to total weight of the shipment. We advise you to group your items in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them. Your package will be dispatched at your own risk, but special care is taken to protect fragile objects.

Boxes and shipping envelopes are amply sized and your items are well-protected.

Version: SP 1.0  Effective Date: March 1, 2023

Return & Refund Policy

Seneca Speaks does not warrant or guarantee any/all Products perform as intended or under any prescribed conditions.  Seneca Speaks explicitly does not warrant or guarantee its Products are free of production/manufacturing deficiencies or shall remain durable; and as such shall provide for designated Products a qualified return or replacement for thirty (30) days (Guarantee Period) after the Date of Purchase.  In the event of Product failure in relation to production/manufacturing deficiency within the Guarantee Period, User agrees, at Seneca Speaks’ sole discretion, to: replace the deficient Product with a Product of equal or lesser value; or fully refund the purchase price—replacing Product or refunding purchase price only after the following actions have been taken by the User, submitted to Seneca Speaks, and certified valid by Seneca Speaks:

1.  User photographs Product deficiencies;

2.  User provide date, time and location of the Product when it failed;

3.  User submits a full description of circumstances regarding the Product failure due to manufacturing and/or production;

4.  User describes use of Product at the time and date of Product failure;

5.  User describes the condition of the Product at the time and date of Product failure;

6.  User provided any other applicable or pertinent information regarding the Product failure.

Shipping fees include handling and packing fees as well as postage costs. Handling fees are fixed, whereas transport fees vary according to total weight of the shipment. We advise you to group your items in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them. Your package will be dispatched at your own risk, but special care is taken to protect fragile objects.

Boxes are amply sized and your items are well-protected.

Version: RP 1.0  Effective Date: March 1, 2023