These Terms govern use of ealdliving.com and related pages and services (the "Site"), accounts created through the Site, and purchases of physical publications from Dr. Pauline Serice & Associates, Inc. ("Company," "we," "us," or "our"). By using the Site, creating an account, or submitting an order, you agree to these Terms and our Privacy Policy.
1. Eligibility and Accounts
You must be legally capable of entering a binding agreement to make a purchase. You are responsible for providing accurate information, protecting account credentials, and promptly updating saved delivery information. You must notify us if you suspect unauthorized account use. We may suspend or terminate an account reasonably believed to be misused or to violate these Terms.
2. Site Content and Permitted Use
The Site and its text, publications, course or program descriptions, graphics, trademarks, videos, software, and other content are owned by or licensed to the Company and are protected by applicable intellectual-property laws. Except for personal, noncommercial use expressly permitted by the Site, you may not copy, distribute, modify, create derivative works from, sell, scrape, interfere with, or attempt unauthorized access to the Site or its content.
3. Google Maps Features and Content
The Site includes Google Maps Platform features and content, including Address Validation. Your use of Google Maps features and content is subject to the then-current Google Maps End User Additional Terms of Service and Google Privacy Policy. Google-provided attribution displayed with address results or other Google content must not be removed, hidden, or altered.
Google Maps End User Additional Terms | Google Privacy Policy
4. Publication Information and Pricing
We try to describe publications, availability, prices, taxes, and shipping charges accurately. Images and descriptions are illustrative, and minor variations do not create a right to a refund unless the item is materially different from what was ordered. Minor variations include, but are not limited to, variations in paper stock texture, binding trim adjustments under one-eighth (1/8) of an inch, or minor color deviations resulting from individual electronic display and screen calibrations. Prices and availability may change before an order is accepted. The total presented before payment controls for that order, subject to correction of an obvious error before shipment and a full refund if you do not accept the correction.
5. Orders and Acceptance
Submitting an order is an offer to purchase. An automated acknowledgement confirms receipt but does not necessarily mean we accepted the order. We may reject or cancel an order before shipment because of unavailability, suspected fraud, payment failure, pricing or description error, invalid delivery information, or legal restriction. If payment was completed for a canceled order, we will issue a full refund.
6. Payment Through PayPal
Payment is processed by PayPal under PayPal's applicable user agreement and privacy statement. PayPal, not the Company, receives and controls full payment credentials. We may receive transaction details needed to administer the purchase. A charge may appear under the merchant name associated with the Company's PayPal account.
7. U.S.-Only Shipping
Physical publications are shipped only to valid delivery addresses within the United States. We do not accept orders for international delivery. You are responsible for supplying a complete, accurate, and deliverable address and reviewing any address correction shown during checkout.
Unless a shorter shipment period is clearly stated on the product or checkout page, we expect to ship a properly completed order within 30 days after receiving payment and all information needed to fulfill it. "Ship" means tendering the package to the carrier; it does not mean delivery to the recipient. Delivery dates are estimates and may be affected by the carrier, weather, emergencies, address problems, or events outside our reasonable control. These events do not change the shipment-delay and refund rights stated below.
8. Shipment Delays and Cancellation Rights
If we cannot ship within the promised period, or within 30 days when no shorter period was stated, we will provide the notice and choices required by the Federal Trade Commission's Mail, Internet, or Telephone Order Merchandise Rule. Depending on the circumstances, we will either:
- ask you to consent to a revised shipment date while giving you a cost-free way to cancel for a prompt full refund; or
- cancel the unshipped order and provide a prompt full refund without requiring a request from you.
You may cancel for a full refund any time before shipment by contacting us, unless the package has already been tendered to the carrier. Refund timing is described below.
9. Returns, Replacements, and Refunds
Returns policy
To the extent permitted by applicable law, all sales are final after shipment, and we do not accept returns based solely on a change of mind or a minor, nonmaterial variation in an illustration or description. This final-sale rule does not apply when a publication arrives damaged or defective, when we send a publication different from the one ordered, or when applicable law provides a nonwaivable return, refund, warranty, or other remedy. Please report a damaged, defective, or incorrect publication within 30 calendar days after delivery by emailing pauline.serice@ealdliving.com. Include the order number, a description of the problem, and, if reasonably requested, a photograph showing the condition. Do not send payment-card information. The 30-day period is intended to allow prompt investigation; it does not shorten any longer period or eliminate any right that applicable law does not allow us to waive. We may also consider a later request when the circumstances reasonably warrant it. After reviewing an eligible request, we will provide a replacement at no additional cost or issue a refund for the affected publication and associated shipping charge, as appropriate. We may provide a prepaid return method or state that no return is required. Nothing in this policy limits any nonwaivable right or remedy under applicable law or any separate right a payment provider or card issuer may provide. Approved refunds will be sent to the original payment method. When the FTC shipment rule requires a refund, we will process it within the period required by that rule. Other approved refunds will normally be submitted to PayPal within seven working days, although PayPal or a financial institution may need additional time to post the credit.
10. Risk of Loss and Delivery Problems
Except where applicable law provides a nonwaivable rule to the contrary, each order requiring delivery by a third-party carrier is a shipment contract, not a destination contract. The shipment term is F.O.B. the Company's shipping point. For a conforming publication that is properly packaged and addressed, the Company completes its delivery obligation, and title and risk of loss pass to the customer, when the Company duly tenders the package to the carrier. This allocation does not apply to loss caused by the Company's breach, including shipment of a nonconforming publication, and it does not limit the shipment-delay and cancellation rights in Section 8, the remedies in Section 9, or any nonwaivable consumer right.
If tracking shows delivery but the package cannot be located, if a package is lost or damaged in transit, or if the carrier returns it because the address was incomplete, inaccurate, refused, or undeliverable, contact us promptly. We may assist with a carrier claim, replacement, or refund as required by applicable law or as we otherwise determine appropriate. Reshipment charges may apply when the delivery failure resulted from information supplied by the customer, except where prohibited by law.
These Terms do not determine whether a transaction qualifies for PayPal Purchase Protection or Seller Protection; PayPal applies its own program terms and evidence requirements.
11. Marketing Communications
If you choose to receive marketing email, you may unsubscribe using the link in the message. Unsubscribing from marketing does not stop transactional messages concerning an account, order, shipment, refund, security issue, or legal notice.
12. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM WARRANTIES CONCERNING UNINTERRUPTED OR ERROR-FREE SITE OPERATION. PUBLICATIONS ARE SUBJECT TO ANY EXPRESS DESCRIPTION PROVIDED AT PURCHASE AND TO NONWAIVABLE WARRANTIES OR CONSUMER RIGHTS UNDER APPLICABLE LAW. NOTHING IN THESE TERMS EXCLUDES A WARRANTY OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM SITE USE OR A PURCHASE. THE COMPANY'S AGGREGATE LIABILITY FOR A CLAIM RELATING TO A PURCHASE WILL NOT EXCEED THE AMOUNT PAID FOR THE ORDER GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO FRAUD, WILLFUL MISCONDUCT, PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY LIABILITY THAT LAW DOES NOT ALLOW US TO LIMIT.
14. Dispute Resolution and Governing Law
Before filing a lawsuit, the person asserting a dispute should send written notice describing the claim and requested resolution to the contact information in Section 16. The parties will then attempt in good faith to resolve the dispute informally for 30 days after the notice is received. This informal process does not prevent either party from seeking urgent injunctive relief, filing an eligible claim in small-claims court, meeting a legal deadline, or using a remedy that applicable law does not allow these Terms to restrict.
To the maximum extent permitted by applicable law, you and the Company agree that any dispute resolution proceedings, whether in court or small-claims court, will be conducted solely on an individual basis and not in a class, consolidated, collective, or representative action. You expressly waive any right to file or participate in a class action lawsuit or class- wide arbitration.
These Terms do not require arbitration. Texas law governs these Terms, without regard to conflict-of-law principles, except that mandatory consumer protections of the customer's state of residence continue to apply when they cannot lawfully be waived. Subject to those protections, an unresolved dispute may be brought in a state or federal court of competent jurisdiction located in Harris County, Texas, and each party consents to personal jurisdiction and venue there. A customer may bring a claim in another forum when applicable law gives the customer a nonwaivable right to do so.
15. Changes; Severability; No Waiver
We may update these Terms prospectively by posting a revised version and effective date. If we make material changes to these Terms, we will notify you by posting a prominent notice on the Site or by sending an email to the address associated with your account prior to the effective date of the changes. The Terms in effect when an order is submitted govern that order unless a change is required by law or you expressly agree otherwise. Your continued use of the Site, maintenance of an account, or submission of an order after the effective date of any updated Terms constitutes your binding acceptance of those updates. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective. Failure to enforce a provision is not a waiver.
16. Contact and Customer Service
Questions, cancellations, shipping problems, and refund or return requests may be sent to: Dr. Pauline Serice & Associates, Inc.
Email: pauline.serice@ealdliving.com
Telephone: +1 (832) 558-6885
Website: https://ealdliving.com