Terms and Conditions

Last Updated 9-15-2017

AGREEMENT TO TERMS:

These terms of use constitute a legally binding agreement made between you, or you on behalf of another person or entity and Home Heart and Happiness (“we”, “our”, “us”, “I”) and its creator, concerning your access to and use of homeheartandhappiness.com, related links, and its content (collectively referred to as the “Site”). You agree that by accessing the Site, you have read, understood, and accept to be bound by these Terms of Use. If you do not agree with all of the Terms of Use, then you are strictly prohibited from using the Site.  We reserve the right to modify and the Terms of Use at any time, and without notification of users.   We will update the “Last Updated” date of the Terms of Use and you waive any right to specific notification of any such changes. Revised Terms of Use are effective immediately after being posted.

The Site is intended for users 18 years of age and older. Persons under the age of 18 are not permitted to use the Site.

INTELLECTUAL PROPERTY RIGHTS:

The Site is our proprietary property and all source code, databases, software, website design, audio, video, photographs, logos, and trademarks on the Site are owned, controlled, or licensed by us, are protected by copyright laws and other governing the United States. The content on the site is “AS IS” and is for information and personal use only. No content of this site may be copied, reproduced, uploaded, republished, sold, licensed, or publicly displayed for commercial purposes without written permission first.

Given your eligibility to the Site, you are hereby granted permission to download, print, share, or repin content of this site for personal use only and without modifying any content.

USER REPRESENTATION:

By accessing the Site, you represent that you 1) have the legal capacity to read, understand, and accept the Terms of Use, 2) you are of 18 years or older, 3) refrain from accessing the Site from an automated or non-human means,  and 4) you will not use the Site for illegal or unauthorized purposes.

If you provide any information that does not accurately represent who you are, is untrue, or incomplete, we reserve the right to terminate your access to the Site.

PROHIBITED ACTIVITES:

The Site may not be accessed for or used for any reason other than its intended purpose. The Site may not be accessed for commercial purposes unless expressly endorsed or approved by us.

As a Site user, you agree not to:

  1. Make unauthorized use of the Site, included but not limited to collecting usernames/email addresses of users for the purposes of sending unsolicited emails or creating false accounts by automated means or under false pretenses.
  2. Use a purchasing agent to buy products on the Site.
  3. Use the site to advertise or sell goods and/or services.
  4. Interfere with security-related features of the Site.
  5. Use unauthorized linking to the Site.
  6. Trick, defraud, or mislead the Site or its users in attempt to gain access to passwords and sensitive information.
  7. Use automated tools on the Site to comment or extract data.
  8. Interfere with or cause burden to the Site or services connected to the Site.
  9. Attempt to impersonate another user or a nonexistent person.
  10. Sell your profile.
  11. Use information obtained from the Site to harass, abuse, or harm another person.
  12. Use the Site or its content in order to compete with us or to create a commercial enterprise or monetary endeavor.
  13. Reverse or otherwise alter any software in any way making up a part of this Site.
  14. Bypass any features of the Site intended to restrict access to the Site, or any portion of it.
  15. Harass, annoy, threaten, or intimidated us or any other employee or contributor to the Site.
  16. Delete the copyright or any other legal notice from the Site or its content.
  17. Copy or adapt the Sites software including but not limited to Flash, PHP, HTML, and JavaScript.
  18. Attempt to upload or transmit viruses, Trojan horses, or spam that attempts to interfere with the Site or its users use and enjoyment of the Site or that disrupts the functionality of the site.
  19. Attempt to upload or transmit any entity that attempts to gather information including but not limited to cookies, gifs, or spyware.
  20. Tarnish or harm in our opinion, the Site.
  21. Use the site in a way that is not consistent with applicable laws.

USER CONTRIBUTIONS:

Users may have the opportunity to comment, post, upload, and otherwise contribute to the Site. Contributions may be viewed by third parties and through third party websites. When you make contributions, you represent that:

  1. Contributions do not infringe on proprietary rights included but not limited to copyright, patent, and trademark of any third parties.
  2. You are the creator of your contributions and have the necessary rights, licenses, and consents.
  3. You have written consent, release, and/or permission for use of each identifiable individual person in your contribution.
  4. Contributions are not false, defraud, misrepresentative in any way.
  5. Contributions are not unsolicited or unauthorized advertising, promotional ads, pyramid schemes, chain letters, or spam.
  6. Contributions are not obscene, malicious, hurtful, harmful, violent, harassing, threatening, slanderous, mocking, intimidate, or abuse as decided by us.
  7. Contributions do not violate applicable law or regulations.
  8. Contributions do not violate rights or privacy of a third party.
  9. Contributions do not solicit information from anyone under the age of 18.
  10. Your contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect health or well-being of minors.
  11. Your contributions do not contain any offensive or discriminatory content such as against age, race, gender, sexual preference, religion, or handicap.

Any violation of the User Contribution Terms makes the violated subject to suspension or termination of the Site. You are the owner and retain all responsibility for your contributions. By making a contribution, you are exonerating and releasing us from any legal action taken against your contributions on the Site. We have the right to remove, edit, to otherwise change, prescreen, and recategorize contributions as we see appropriate, without notice to the user.

GUIDELINES FOR REVIEWS:

There may be areas on the Site for you to leave reviews and ratings. When leaving a review or rating, the following criteria must comply: 1) you must have firsthand experience with the product or person being reviewed, 2) reviews should not contain offensive, abusive, discriminatory, or hate language, 3) reviews should not contain references to illegal activities, 4) if posting a negative review, you should not be affiliated with competitors of the Site, 5) your review may not contain any false or misleading information, 6) you may not campaign requesting others to post reviews.

We may accept, reject, or remove reviews at our own discretion and without notification of reviewer. Reviews do not represent us, our opinions, or those of our affiliates. We do not assume responsibility for legalities of reviews including but not limited to claims, liabilities, or losses.

SUBMISSIONS:

Any questions, comments, feedback, posts, suggestions, and related materials submitted to the Site by you are non-confidential and become our sole property. We own commercial, advertisement, and legal rights to these properties without compensation to you.

THIRD-PARTY WEBSITES AND CONTENT:

The Site may contain or you may be sent (from the Site) links to and articles, photographs, pictures, video, information, and other mediums from other websites (Third-Party Websites). Third-Party Websites are not monitored, screened, or reviewed for accuracy and appropriateness of content and we are not responsible for any discrepancies, offenses, legalities, and policies of these websites. Linking to these Third-Party Websites does not necessarily reflect the Sites approval or endorsement of their content or purpose. If you choose to follow a link to a Third-Party Website, the Terms of Use of the Site no longer apply and you do so at your own risk. Review the applicable Terms of Use and Privacy Policy of the Third-Party Website. We take no responsibility or liability for purchase or installations you make on Third-Party Websites.  You hereby release us from any harms, costs, losses, and disputes incurred by you accessing a Third-Party Website.

ADVERTISERS:

The Site allows advertisers to display their advertisements and other information on the Site. Advertisers take full responsibility for advertisements they place on the Site and services provided and products sold through those advertisements. Advertisers possess all rights to their advertisements including but not limited to contractual rights and publicity rights. We have no relationship with advertisers other than allowing them to place advertisements on the Site and may or may not receive commission from related sales.

SITE MANAGEMENT:

We reserve the right to monitor the Site for violations of these Terms of Use, take legal action against anyone who acts against the law or these Terms of Use, refuse or terminate access to the Site, and take other necessary actions to protect the Site, property, and allow its proper functionality.

PRIVACY POLICY:

By accessing the Site, you agree and are bound by the Privacy Policy posted on the Site. Please note that the Site is hosted in the United States and is governed by such laws. If you are located in another country and contribute to the Site, you are transferring your materials the United States and is governing laws. We do not knowingly accept information from, solicit to, or market to children. In accordance with the U.S Children’s Online Privacy Protection Act, if we knowingly receive personal information from a child less than 13 years old without parental consent, we will delete that information from the Site as soon as possible.

COPYRIGHT INFRINGEMENTS:

If you believe any materials on the Site infringes upon any copyrights of yours, please let us know immediately via the contact information below. We will notify the individual who posted the information on the Site, and include a copy of the original notification sent by you.

TERM AND TERMINATION:  

These Terms of Use remain fully active while you access the site. At our sole discretion, we reserve the right to restrict access and terminate relationship with any individual or entity at any time without notification or explanation. If you are terminated from the Site, you may not reregister or create an account via a fake identity.

GOVERNING LAW:

The Site is hosted in Missouri, and is therefore governed by Missouri laws.

DISPUTE RESOLUTION:

To expedite resolution of disputes related to these Terms of Use, both parties will agree to attempt informal negotiations for at least, but not limited to 90 days. Informal negotiations commence upon written notice from one Party to another. If unable to resolve disputes through informal negotiations, they will finally be resolved through binding arbitration. Arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) which are available at www.adr.org. Your arbitration fees and share of arbitrator compensation is governed by the AAA Consumer Rules. The arbitrator will make a decision in writing. Arbitration will take place in Howard County, Missouri. No arbitration may be joined with any previous preceding.

CORRECTIONS:

There may be information on this Site that contains typographical errors, inaccurate prices, availabilities, descriptions, or omissions. We reserve the right to make changes to, correct, or omit any part of the Sites content as deemed appropriate.

DISCLAIMER:

This Site is provided on an as-is and as-available basis.  By accessing the Site and its services you claim sole responsibility for any risks incurred. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site, including without limitation, the implied warranties of merchantability, fitness for a particular use, and non-infringement.  We make no warranties about the accuracy or completeness of the Site or Third-Party Websites and assume no liability or responsibility for any 1) inaccuracies of content, 2) personal injury or property damage resulting from access to the Site, 3) unauthorized access or use of secure servers, personal information, and/or financial information stored therein, 4) interruption of Site transmission, or 5) viruses, Trojan horses, or other spam or bugs transmitted through the Site from a third party.  We do not endorse, guarantee, or assume responsibility for any product or service advertised through or linked to the Site from a third party. We do not monitor transaction between you and a Third-Party Website. Use your best judgement and use caution.

It is also important for you to note that I am a nurse practitioner, but I am not your nurse practitioner. Any information contained on the Site is meant for informative purposes only, not to diagnose, treat, or otherwise advise you on your health. If you have questions or concerns related to your health, please seek professional help from you healthcare provider. I am hereby released of any responsibility or liability for your personal health or any parties that you represent.

LIMITATIONS OF LIABILITY:

In no circumstances will the Site, its creators, guest writers, or its affiliates be held liable or responsible for any damage incurred to you by losses of profit, loss of revenue, loss of data, or other losses arising from use of the site. Any potential liabilities will be limited to an actionable time of 90 days following the inciting event. Any amounts paid for the liability claims will be less than the costs incurred.

It is also important for you to note that I am a nurse practitioner, but I am not your nurse practitioner. Any information contained on the Site is meant for informative purposes only, not to diagnose, treat, or otherwise advise you on your health. If you have questions or concerns related to your health, please seek professional help from you healthcare provider. I am hereby released of any responsibility or liability for your personal health or any parties that you represent.

INDEMNIFICATION:

You hereby release us, including our subsidiaries, affiliates, and third parties, of any responsibility and liability of any claims made from any third party based on your 1) contributions to the Site, 2) access and use of the Site, 3) failure to comply to these Terms of Use, 4) violation of a third parties rights, 5) and any harmful acts enacted by you on another through use of this Site. We reserve the right to act in any just manner we deem fit in such circumstances.

USER DATA:

We will retain certain data that is transmitted to the Site from your use in order to monitor and improve performance of the Site. You retain sole responsibility for any data you transmit to or that generates from your use of the Site. You waive any right of action against us for any loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES:

Visiting the Site, sending us emails, and completing online forms creates electronic communication. Through this action you consent to receive electronic communication. You also agree to electronic transactions and signatures through establishing an electronic relationship. You waive any right or requirement to provide an original signature.

CONTACT US:

Please contact us regarding any complaint against the Site or for more information about its use.

EMAIL: everydaysprinkles2017@gmail.com