Terms & Conditions
(Last Modified 8/20/2018)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
This Agreement is a legal agreement between you and Heartfelt Moments LLC the provider of this Web site’s proprietary services ("Services"). By using the Services, you are agreeing to the terms and conditions included in this Agreement (the "Terms of Service").
1. This agreement covers your use on this site only.
Your use of services on other sites will be covered by separate agreements. Our Services are available only to individuals who can form legally binding contracts under applicable law, and therefore, exclude minors.
2. Use of the Services.
You may use the Services for personal and business purposes. However, you may not sell, lease or resell the services to or on behalf of any other party. In addition, you may not use, or permit to be used, Services in violation of any applicable law, regulation or policy, or in violation of any third parties' rights.
3. Terms and Conditions of Use.
(a) Agreement to Terms. By using the information, services and products available through Heartfelt Moments LLC, you are agreeing to the terms and conditions contained herein.
(b) Modification. Heartfelt Moments LLC reserves the right to modify the Terms of Service at any time, and such modifications shall be effective immediately upon the earlier of posting of the modified Terms of Service or by e-mail notification to you.
(c) You agree to review these Terms of Service periodically to be aware of such modifications, and your continued access or use of this Web site shall be deemed your acceptance of the modified Terms of Service.
(d) You agree that these standards for notice of changes are reasonable.
(e) You acknowledge and agree that Heartfelt Moments LLC or its affiliates may deny you access to or use of all or part of this Web site without prior notice if you engage in any conduct or activities that Heartfelt Moments LLC in its sole discretion believes violates any of these Terms of Service, violates the rights of Heartfelt Moments LLC or is otherwise inappropriate for continued access and use of this Web site.
4. Your Information.
(a) By giving us your e-mail address, you are certifying in this Agreement that you have the right to use your e-mail address.
(b) By providing information to us via this Web site (such a, feedback, data, comments, questions, suggestions, plans or ideas), you agree that such information shall be non-confidential and that Heartfelt Moments LLC shall have unlimited rights to (or not to): use, distribute, reproduce, and disclose such information as Heartfelt Moments LLC deems appropriate, without compensation or acknowledgement of its source. Heartfelt Moments LLC shall be free to use any ideas, concepts, know-how or techniques contained in information you provide Heartfelt Moments LLC through Heartfelt Moments LLC Web site.
(c) In exchange for use of this Web site, you agree that any information you submit to us will be current and complete and will not violate the rights of any third parties, and you agree to defend, indemnify, and hold harmless Heartfelt Moments LLC its affiliates and content suppliers, and their successors against any claims by third-parties alleging facts in breach of these representations.
(d) While Heartfelt Moments LLC will not knowingly divulge your e-mail address or any other personal information to outside parties, you agree that Heartfelt Moments LLC will not be liable for acquisition or use of your information by any third party without Heartfelt Moments LLC knowledge or consent. In turn, you agree that Heartfelt Moments LLC will not be liable for the acquisition or use of personal information about you that is not under our control.
(e) Heartfelt Moments LLC is against unsolicited e-mail (SPAM) as a matter of policy. Therefore, we may send advertisement messages as part of the Services for our company’s promotional purposes.
(a) Heartfelt Moments LLC has and shall retain all right, title and interest in and to any software or technology used in providing the Services, and all intellectual property rights therein.
(b) All content included on this Web site, including text, graphics, logos, buttons, icons, and images, is the property of Heartfelt Moments LLC or its affiliates, content suppliers, or other licensors, with ownership as indicated by specific copyright and trademark notices and/or context, and is protected by U.S, and international copyright and trademark laws.
6. Consumer Information.
The consumer information contained here is intended, in part, to alert the reader to pertinent issues regarding this site. The information contained herein is not intended as a substitute for professional consultation. If professional assistance is required, the services of a competent professional person should be sought.
7. Pricing and Availability.
Any pricing information listed on this Web site is subject to change without notice. Certain items herein may be discontinued or may be unavailable in some areas.
(a) The availability of the Services depends on many factors, including your connection to the Internet, the availability of the Heartfelt Moments LLC Web site or services, and equipment that is not, by its nature, fault tolerant.
(b) THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO WARRANTIES ARE PROVIDED, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE AVAILABILITY OR USE OF THE SERVICES, PERFORMANCE OF THE SITE, RESULTS OBTAINED OR OPERATION WITHOUT INTERRUPTION, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, THE TRANSMISSION, STORAGE OR USE OF YOUR INFORMATION, OR ANY PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
(c) Heartfelt Moments LLC AND ITS SUPPLIERS SPECIFICALLY DISCLAIM TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THAT ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
(d) Heartfelt Moments LLC and its affiliates and content suppliers reserve the right to alter or delete the products, services and information available from this Web site at any time.
(e) The information contained in this World Wide Web site is provided for informational purposes only. While Heartfelt Moments LLC has tried to provide accurate and timely information, there may be inadvertent inaccuracies and typographical errors. We reserve the right to make changes and corrections at any time, without notice. In the event that a Heartfelt Moments LLC product is mistakenly listed at an incorrect price, Heartfelt Moments LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Heartfelt Moments LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Heartfelt Moments LLC shall issue a credit to your credit card account in the amount of the incorrect price.
(f) Heartfelt Moments LLC does not warrant the accuracy, completeness or usefulness of the information, text, links or other items contained on this Web site and Heartfelt Moments LLC expressly disclaims liability for errors or omissions in these materials.
(g) Heartfelt Moments LLC makes no commitment to update the information contained on this Web site.
(h) Third party Web sites listed as hypertext links herein are not under the control of Heartfelt Moments LLC. Accordingly, Heartfelt Moments LLC can make no representation concerning the content of these Web sites nor can the fact that Heartfelt Moments LLC has included this link serve as an endorsement by Heartfelt Moments LLC of any of these Web sites.
(i) Nothing contained in this Web site constitutes investment advice.
(j) All sales of products listed herein are subject to our usual terms and conditions of sale.
All trademarks, company names, and product names are the property of their respective owners.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Heartfelt Moments LLC. The collective work includes works that are licensed to Heartfelt Moments LLC. Copyright 2018, Heartfelt Moments LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Heartfelt Moments LLC or purchasing Heartfelt Moments LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Heartfelt Moments LLC or to purchase Heartfelt Moments LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Heartfelt Moments LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
11. Limitation of liability.
IN NO EVENT WILL Heartfelt Moments LLC, ITS SUPPLIERS, LICENSEES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE OUT THE SERVICES, THE AVAILABILITY OR USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, ANY OTHER PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES, OR ANY TRANSMISSION OR USE OF YOUR INFORMATION. IN NO EVENT SHALL Heartfelt Moments LLC, ITS SUPPLIERS' OR ITS LICENSEES' AGGREGATE LIABILITY TO CUSTOMER OR ANY PARTY ARISING OUT OF THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100). Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
(a) You agree to indemnify, defend and hold harmless Heartfelt Moments LLC, its affiliates, officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your use of this Web site and the Services provided under this Agreement, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account; the violation of these terms and conditions by you, or the infringement by you, or other users of Heartfelt Moments LLC Web site through the use of your computer or your infringement of any intellectual property or other right of any person or entity.
(b) Heartfelt Moments LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
13. Termination of Service.
(a) Either you or Heartfelt Moments LLC may terminate this Agreement and the Services at any time and for any reason, but until that time it remains in full force and effect.
(b) These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Heartfelt Moments LLC site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise.
(c) These terms will terminate immediately without notice from Heartfelt Moments LLC if, in Heartfelt Moments LLC sole discretion, you fail to comply with any term or provision of this Agreement.
(d) Upon termination, you must destroy all materials obtained from the site and any and all other Heartfelt Moments LLC site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
(e) The terms of this Section and Sections 4, 5, 8, 11 and 12 will survive any termination of this Agreement.
14. Term; Termination.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Heartfelt Moments LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Heartfelt Moments LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Heartfelt Moments LLC.
16. Use of Site.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Heartfelt Moments LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
17. Participation Disclaimer.
Heartfelt Moments LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Heartfelt Moments LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Heartfelt Moments LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Heartfelt Moments LLC in its sole discretion.
18. Third-Party Links.
In an attempt to provide increased value to our visitors, Heartfelt Moments LLC may link to sites operated by third parties. However, even if the third party is affiliated with Heartfelt Moments LLC, Heartfelt Moments LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Heartfelt Moments LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Heartfelt Moments LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
(a) Entire Agreement. This Agreement constitutes the entire agreement between you and Heartfelt Moments LLC with respect to the Services and supersedes all other agreements, contemporaneous and prior, between you and Heartfelt Moments LLC with respect to the Services.
(b) Non waiver. Heartfelt Moments LLC failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right.
(c) Amendment. Heartfelt Moments LLC can revise these Terms and Conditions by updating this posting. No amendment or modification hereof will be valid or binding upon either party unless assented by Heartfelt Moments LLC
(d) Severability. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
(e) No Estoppel. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
(f) Act of God. Heartfelt Moments LLC will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
(g) No Obligation to Monitor. Heartfelt Moments LLC does not have any obligation to monitor use of the Services, but Heartfelt Moments LLC may do so and may also disclose information regarding your use of the Services to satisfy laws, regulations or other government requests.
(h) Louisiana Agreement. As you are accessing the information on the Heartfelt Moments LLC Web site, the information contained on the Heartfelt Moments LLC Web site shall be deemed subject to Louisiana law. These Terms and Conditions will be governed and interpreted pursuant to the laws of Louisiana, notwithstanding any principles of conflicts of law.
20. Contacting Us.
You can contact us by email firstname.lastname@example.org.
THANK YOU FOR VISITING AND USING OUR WEB SITE. WE APPRECIATE YOU AS A CUSTOMER. © Copyright 2018 All Rights Reserved. For questions or comments, contact the webmaster.