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MY HEART & HOME, LLC WEBSITE TERMS OF USE STATEMENT
This document was last updated on August 10, 2007.
To benefit you and all other visitors with continued great service from
MyHeartAndHome.com it is required that you read the following disclaimer:
Note: By proceeding to use this website you hereby agree to and accept all of
the terms and conditions that follow. As owner of the this website,
MyHeartAndHome.com reserves the right to title every visitor to this website as
a "user". From hereto forth, every visitor who connects to MyHeartAndHome.com is
classified as a "User".
I. Site Abuse will not be tolerated
MyHeartAndHome.com reserves the right to remove and prevent any content that is
considered to be offensive, distasteful, discriminatory, unlawful and or of any
such similar relevance. Removal of such content will consist of the inactivation
of the User's account without a refund.
II. Affiliations
MyHeartAndHome.com is not affiliated with any organizations or individuals who
use this site.
MyHeartAndHome.com is not affiliated with or responsible for any transactions
that occur within any of the services operated and owned by the User.
III. Separation from MyHeartAndHome.com and the "User"
The User of MyHeartAndHome.com acknowledges that he/she utilizes the offered
services for their own purposes.
The User acknowledges that the Internet is neither owned nor controlled by any
one entity; therefore, MyHeartAndHome.com can make no guarantee that any given
reader shall be able to access MyHeartAndHome.com's server at any given time.
MyHeartAndHome.com shall make every good faith effort to ensure that its server
is available as widely as possible and with as little service interruption as
possible.
IV. Financial Arrangements
Renewal prices are subject to change. Renewal of services by User indicates
agreement to this entire Policy.
Taxes:
MyHeartAndHome.com shall not be liable for any taxes or other fees to be paid in
accordance with or related to purchases made from User or MyHeartAndHome.com's
server. User agrees to take full responsibility for all taxes and fees of any
nature associated with such products sold.
Material and Products:
1. User will provide MyHeartAndHome.com with material and data in a condition
that is "server-ready", which is in a form requiring no additional manipulation
on the part of MyHeartAndHome.com. MyHeartAndHome.com shall make no effort to
validate this information for content, correctness or usability.
2. MyHeartAndHome.com will exercise no control whatsoever over the content of
the information passing through the network. MyHeartAndHome.com makes no
warranties or representations of any kind, whether expressed or implied for the
service it is providing. MyHeartAndHome.com also disclaims any warranty of
merchantability or fitness for particular purpose and will not be responsible
for any damages that may be suffered by the User, including loss of data
resulting from delays, non-deliveries or service interruptions by any cause or
errors or omissions of the User. Use of any information obtained by way of
MyHeartAndHome.com is at the User's own risk, and MyHeartAndHome.com
specifically denies any responsibility for the accuracy or quality of
information obtained through its services. Connection speed represents the speed
of a connection to your ISP and does not represent guarantees of available end
to end bandwidth. MyHeartAndHome.com is not responsible for damages to the User
for any non-accessibility time or other down time to the prorata monthly, 6
monthly or yearly charge during the system unavailability. MyHeartAndHome.com
specifically denies any responsibilities for any damages arising as a
consequence of such unavailability. In the event that this material is not
"Server-ready", MyHeartAndHome.com may, at its option and at any time, reject
this material, including but not limited to after it has been put on
MyHeartAndHome.com's Server. If the User fails to modify the material, as
directed by MyHeartAndHome.com, within a reasonable period of time, which shall
be determined between the parties themselves, the Agreement shall be deemed to
be terminated.
V. Hardware, Equipment & Software:
The User is responsible for and must provide all telephone, computer, hardware
and software equipment and services necessary to access MyHeartAndHome.com.
MyHeartAndHome.com makes no representations, warranties or assurances that the
User's equipment will be compatible with the MyHeartAndHome.com service.
VI. Age:
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
MyHeartAndHome.com services such as Classifieds, Yard Sale Ads, etc... all have
expectations regarding subject area and appropriate etiquette for posting. Users
of these services should be considerate of the expectations and sensitivities of
others on the network when posting material for electronic distribution. The
network resources of MyHeartAndHome.com may not be used to impersonate another
person or misrepresent authorization to act on behalf of others or
MyHeartAndHome.com. All messages transmitted via MyHeartAndHome.com should
correctly identify the sender; users may not alter the attribution of origin in
electronic mail messages or posting. Users must not attempt to undermine the
security or integrity of computing systems or networks and must not attempt to
gain unauthorized access.
VIII. Limited Liability:
1. User expressly agrees that use of MyHeartAndHome.com's Server is at User's
sole risk. Neither MyHeartAndHome.com, its employees, affiliates, agents, third
party information providers, merchants licensers or the like, warrant that
MyHeartAndHome.com's Server service will not be interrupted or error free; nor
do they make any warranty as to the results that may be obtained from the use of
the Server service or as to the accuracy, reliability or content of any
information service or merchandise contained in or provided through the
MyHeartAndHome.com Server service, unless otherwise expressly stated in this
Agreement.
2. Under no circumstances, including negligence, shall MyHeartAndHome.com, its
offices, agents or any one else involved in creating, producing or distributing
MyHeartAndHome.com's Server service be liable for any direct, indirect,
incidental, special or consequential damages that result from the use of or
inability to use the MyHeartAndHome.com Server service; or that results from
mistakes, omissions, interruptions, deletion of files, errors, defects, delays
in operation, or transmission or any failure of performance, whether or not
limited to acts of God, communication failure, theft, destruction or
unauthorized access to MyHeartAndHome.com's records, programs or services. User
hereby acknowledges that this paragraph shall apply to all content on
MyHeartAndHome.com's Servers.
3. Notwithstanding the above, User's exclusive remedies for all damages, losses
and causes of actions whether in contract, tort including negligence or
otherwise, shall not exceed the aggregate dollar amount which User paid during
any given monthly period not exceeding $250 or equivalent monthly amount if paid
yearly, whichever is less. MyHeartAndHome.com will not be responsible for any
attorney's fee and court costs.
IX. Lawful Purpose:
User may only use MyHeartAndHome.com's Server for lawful purpose. Transmission
of any material in violation of any Federal, State or Local regulation is
prohibited. This includes, but is not limited to copyrighted material, material
legally judged to be threatening or obscene, pornographic, profane, or material
protected by trade secrets. This also includes links or any connection to such
materials.
X. Indemnification:
User agrees that it shall defend, indemnify, save and hold MyHeartAndHome.com
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorneys' fees, ("Liabilities") asserted against
MyHeartAndHome.com, its agents, its customers, servants officers and employees,
that may arise or result from any service provided or performed or agreed to be
performed or any product sold by User, its agents, employees or assigns. User
agrees to defend, indemnify and hold harmless MyHeartAndHome.com against
Liabilities arising out of (i) any injury to person or property caused by any
products sold or otherwise distributed in connection with MyHeartAndHome.com's
Server; (ii) any material supplied by User infringing or allegedly infringing on
the proprietary rights of a third party; (iii) copyright infringement and (iv)
any defective product which User sold on MyHeartAndHome.com Server.
XI. Discriminatory Content
MyHeartAndHome.com is not liable for any User content that is considered to be
offensive, distasteful, discriminatory, unlawful and or of any such similar
relevance.
XII. Vendor Copyrights
MyHeartAndHome.com is not liable for the User's copyright infringements towards
any or all of the Vendor's patterns. Legal action may be taken by the vendor
whose copyrighted pattern has been illegally used.
CONTACTING US
If you have questions regarding our Terms of Use Statement, its implementation,
failure to adhere to this Terms of Use Statement and/or our general practices, please
submit an email through our contact us page or send your comments to :
My Heart & Home, LLC
P.O. Box 828
Farmington, UT 84025
My Heart & Home, LLC will use commercially reasonable efforts to promptly
respond and resolve any problem or question. |
