Terms of service

Last Updated: June 13, 2022 (MB)

Langham Street, Inc., d/b/a At Present, (“Langham Street”, “we” or “us”) owns and operates the website at atpresent.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://shop.atpresent.com/policies/privacy-policy) 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.

1. 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.
2. 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 the 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.
3. 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.
4. 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.
5. 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 a 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.
6. 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.
7. 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.
8. 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.

1. 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.
2. 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.
3. NO RESALE. You represent that the Product you have offered to purchase is for your own use and not for resale.
4. RETURNS. We want you to love your Langham Street Products. You may return a Product up to 100 days after you receive it for a full refund 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 today@atpresent.com and we will provide instructions and shipping options.
5. 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.
6. 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.
7. 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.

MOBILE TERMS OF SERVICE:

The At Present mobile message service (the "Service") is operated by Langham Street, Inc. d/b/a At Present (“At Present”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to At Present’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of At Present through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with At Present. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt out of the Service at any time. Text the single keyword command STOP to At Present or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other At Present mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to At Present or email today@atpresent.com.

We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy (available at https://shop.atpresent.com/policies/privacy-policy).

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.

1. 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’ most current version of the Comprehensive Arbitration Rules and Procedures, or JAMS’ 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.
2. 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 misuses of intellectual property rights.
3. SURVIVAL OF AGREEMENT. This Arbitration Agreement will survive the termination of your relationship with Langham Street.