These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”)
and
Hearth Wisdom Store Virtual Grimoire
("Company," “we,"
“us," or “our”), concerning your
access to and use of the
website as well as any
other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto
(collectively, the “Site”). We are registered in Delaware, United States and have our registered office at __________, 8
The Green STE A, Kent, DE 19901.
You agree that by accessing the Site, you have read, understood, and
agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE
WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted
on the Site from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms of Use from time
to time. We will alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any right to
receive specific notice of each such change. Please ensure that
you check the applicable Terms every time you use our Site so that
you understand which Terms apply. You will be subject to, and will
be deemed to have been made aware of and to have accepted, the
changes in any revised Terms of Use by your continued use of the
Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Site from other locations
do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are
applicable.
The Site is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your interactions would be subjected to such laws,
you may not use this Site. You may not use the Site in a way that
would violate the Gramm-Leach-Bliley Act (GLBA).
All users who are minors in the jurisdiction in which they
reside (generally under the age of 18) must have the permission
of, and be directly supervised by, their parent or guardian to
use the Site. If you are a minor, you must have your parent or
guardian read and agree to these Terms of Use prior to you using
the Site.
Unless otherwise indicated, the Site is our proprietary property
and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks,
and logos contained therein (the “Marks”) are owned or controlled
by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and
unfair competition laws of the United States, international
copyright laws, and international conventions. The Content and the
Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of
Use, no part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or
print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to
the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with
these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside,
or if a minor, you have received parental permission to use the
Site; (5) you will not access the Site through automated or non-human
means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future
use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to
keep your password confidential and will be responsible for all
use of your account and password. We reserve the right to
remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than
that for which we make the Site available. The Site may not be
used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site
to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written
permission from us.
2. Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account
information such as user passwords.
3. Circumvent, disable, or otherwise interfere with
security-related features of the Site, including
features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of
the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site.
5. Use any information obtained from the Site in order
to harass, abuse, or harm another person.
6. Make improper use of our support services or submit
false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with any
applicable laws or regulations.
8. Engage in unauthorized framing of or linking to the
Site.
9. Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and
spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and
enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features,
functions, operation, or maintenance of the
Site.
10. Engage in any automated use of the system, such as
using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering and
extraction tools.
11. Delete the copyright or other proprietary rights
notice from any Content.
12. Attempt to impersonate another user or person or
use the username of another user.
13. Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web
bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
14. Interfere with, disrupt, or create an undue burden
on the Site or the networks or services connected to
the Site.
15. Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion
of the Site to you.
16. Attempt to bypass any measures of the Site designed
to prevent or restrict access to the Site, or any
portion of the Site.
17. Copy or adapt the Site’s software, including but
not limited to Flash, PHP, HTML, JavaScript, or other
code.
18. Except as permitted by applicable law, decipher,
decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of
the Site.
19. Except as may be the result of standard search
engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Site, or
using or launching any unauthorized script or other
software.
20. Use a buying agent or purchasing agent to make
purchases on the Site.
21. Make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users
by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
22. Use the Site as part of any effort to compete with
us or otherwise use the Site and/or the Content for
any revenue-generating endeavor or commercial
enterprise.
23. Sell or otherwise transfer your profile.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the
Site, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users
of the Site and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential
and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public
display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or
moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates
these Terms of Use and may result in, among other things,
termination or suspension of your rights to use the
Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you
automatically grant, and you represent and warrant that you
have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to
host, use, copy, reproduce, disclose, sell, resell, publish,
broadcast, retitle, archive, store, cache, publicly perform,
publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any
purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media
formats and through any media channels.
This license will apply to any form, media, or technology now
known or hereafter developed, and includes our use of your
name, company name, and franchise name, as applicable, and any
of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide. You waive all
moral rights in your Contributions, and you warrant that moral
rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided
by you in any area on the Site. You are solely responsible for
your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain
from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1)
to edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or
delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your
Contributions.
MOBILE APPLICATION LICENSE
If you access the Site via a mobile application, then we grant
you a revocable, non-exclusive, non-transferable, limited right
to install and use the mobile application on wireless electronic
devices owned or controlled by you, and to access and use the
mobile application on such devices strictly in accordance with
the terms and conditions of this mobile application license
contained in these Terms of Use. You shall not: (1) except as
permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt
the application; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from
the application; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the
application; (4) remove, alter, or obscure any proprietary
notice (including any notice of copyright or trademark) posted
by us or the licensors of the application; (5) use the
application for any revenue generating endeavor, commercial
enterprise, or other purpose for which it is not designed or
intended; (6) make the application available over a network or
other environment permitting access or use by multiple devices
or users at the same time; (7) use the application for creating
a product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website
or to send any unsolicited commercial e-mail; or (9) use any
proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or
devices for use with the application.
The following terms apply when you use a mobile application
obtained from either the Apple Store or Google Play (each an
“App Distributor”) to access the Site: (1) the license granted
to you for our mobile application is limited to a
non-transferable license to use the application on a device that
utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in
the applicable App Distributor’s terms of service; (2) we are
responsible for providing any maintenance and support services
with respect to the mobile application as specified in the terms
and conditions of this mobile application license contained in
these Terms of Use or as otherwise required under applicable
law, and you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support
services with respect to the mobile application; (3) in the
event of any failure of the mobile application to conform to any
applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid
for the mobile application, and to the maximum extent permitted
by applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the mobile
application; (4) you represent and warrant that (i) you are not
located in a country that is subject to a U.S. government
embargo, or that has been designated by the U.S. government as a
“terrorist supporting” country and (ii) you are not listed on
any U.S. government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of
agreement when using the mobile application, e.g., if you have a
VoIP application, then you must not be in violation of their
wireless data service agreement when using the mobile
application; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and
conditions in this mobile application license contained in these
Terms of Use, and that each App Distributor will have the right
(and will be deemed to have accepted the right) to enforce the
terms and conditions in this mobile application license
contained in these Terms of Use against you as a third-party
beneficiary thereof.
SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the
Site ("Submissions") provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you. You hereby waive
all moral rights to any such Submissions, and you hereby warrant
that any such Submissions are original with you or that you have
the right to submit such Submissions. You agree there shall be
no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your
Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to
other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or
items belonging to or originating from third parties ("Third-Party
Content"). Such Third-Party Websites and Third-Party Content are
not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible
for any Third-Party Websites accessed through the Site or any
Third-Party Content posted on, available through, or installed
from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or
contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the
Site and access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should be
aware these Terms of Use no longer govern. You should review the
applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the
Site or relating to any applications you use or install from the
Site. Any purchases you make through Third-Party Websites will be
through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree
and acknowledge that we do not endorse the products or services
offered on Third-Party Websites and you shall hold us harmless
from any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from any losses
sustained by you or harm caused to you relating to or resulting in
any way from any Third-Party Content or any contact with
Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor
the Site for violations of these Terms of Use; (2) take
appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including
without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion
and without limitation, notice, or liability, to remove from the
Site or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Site in a manner designed to
protect our rights and property and to facilitate the proper
functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: privacy policy. By using the Site, you agree to be bound by our Privacy Policy,
which is incorporated into these Terms of Use. Please be advised
the Site is hosted in
the United States. If you access the Site from any other region of the world
with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws
in
the United States, then through your continued use of the Site, you are
transferring your data to
the United States, and you agree to have your data transferred to and processed
in
the United States.
We respect the intellectual property rights of others. If you
believe that any material available on or through the Site
infringes upon any copyright you own or control, please
immediately notify us using the contact information provided
below (a “Notification”). A copy of your Notification will be
sent to the person who posted or stored the material addressed
in the Notification. Please be advised that pursuant to
applicable law you may be held liable for damages if you make
material misrepresentations in a Notification. Thus, if you
are not sure that material located on or linked to by the Site
infringes your copyright, you should consider first contacting
an attorney.
These Terms of Use shall remain in full force and effect while
you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION
THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive
redress.
We reserve the right to change, modify, or remove the contents
of the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the
Site.
We cannot guarantee the Site will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of
the Site. Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Site are governed by and
construed in accordance with the laws of the State of Michigan
applicable to agreements made and to be entirely performed
within the State of Michigan, without regard to its conflict of law
principles.
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each
"Dispute" and collectively, the “Disputes”) brought by either
you or us (individually, a “Party” and collectively, the
“Parties”), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes
expressly excluded below) will be finally and exclusively
resolved through binding arbitration. YOU UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be
commenced and conducted under the Commercial Arbitration Rules
of the American Arbitration Association ("AAA") and, where
appropriate, the AAA’s Supplementary Procedures for Consumer
Related Disputes ("AAA Consumer Rules"), both of which are
available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules and,
where appropriate, limited by the AAA Consumer Rules. The
arbitration may be conducted in person, through the submission
of documents, by phone, or online. The arbitrator will make a
decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by
the applicable AAA rules or applicable law, the arbitration
will take place in Wayne,
Michigan. Except as otherwise provided herein, the Parties may
litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in
the state and federal courts located in Wayne,
Michigan, and the Parties hereby consent to, and waive all defenses
of lack of personal jurisdiction, and forum non conveniens
with respect to venue and jurisdiction in such
state and federal courts. Application of the United Nations Convention on Contracts
for the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) is excluded from these
Terms of Use.
In no event shall any Dispute brought by either Party related
in any way to the Site be commenced more than one (1) years
after the cause of action arose. If this provision is
found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable, and such
Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that
court.
The Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined
with any other proceeding; (b) there is no right or authority
for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any
other persons.
The Parties agree that the following Disputes are not subject
to the above provisions concerning informal negotiations and
binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim
for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that
court.
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT
PAID, IF ANY, BY YOU TO US
DURING THE six (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING
OR $400.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including
our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth
in these Terms of Use; (5) your violation of the rights of a third party, including but
not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with
whom you connected via the Site. Notwithstanding the foregoing,
we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with
our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for
the purpose of managing the performance of the Site, as well as
data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for
all data that you transmit or that relates to any activity you
have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data,
and you hereby waive any right of action against us arising from
any such loss or corruption of such data.
Visiting the Site, sending us emails, and completing online
forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or
to payments or the granting of credits by any means other than
electronic means.
If any complaint with us is not satisfactorily resolved, you
can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer
Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800) 952-5210
or (916) 445-1254.
These Terms of Use and any policies or operating rules posted
by us on the Site or in respect to the Site constitute the
entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such right or
provision. These Terms of Use operate to the fullest extent
permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused
by any cause beyond our reasonable control. If any provision or
part of a provision of these Terms of Use is determined to be
unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Terms of Use and does
not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment
or agency relationship created between you and us as a result of
these Terms of Use or use of the Site. You agree that these
Terms of Use will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute these Terms
of Use.
In order to resolve a complaint regarding the Site or to
receive further information regarding use of the Site, please
contact us at:
Hearth Wisdom Store Virtual Grimoire
These terms of use were created using
Termly’s Terms and Conditions Generator.