Terms & Conditions
TERMS AND CONDITIONS
These terms and conditions (hereinafter referred to as the “Terms and Conditions”) are entered into by and between myself and Angela Weaver (the “Seller”). The following terms and conditions govern the use of any content and services offered by or through the Seller.
1. Rights and Obligations
a. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
b. PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU OR THOSE YOU LEGALLY REPRESENT AND THE SELLER. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. IN THE EVENT YOU ARE PLACING AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
c. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH ANGELA WEAVER; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE GOOD OR SERVICES BY APPLICABLE LAW.
d. SELLER’S SERVICES ARE CONDITIONAL UPON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OR ANY PROVISIONS HEREOF, PLEASE DO NOT ACCESS AND USE SELLER’S PRODUCTS AND/OR SERVICES.
2. Changes to Terms. Seller may revise and update these Terms and Conditions from time to time in its sole discretion without prior written notice. Any changes to the Terms and Conditions will be in effect as of the “Last Updated Date” referenced herein. You should review these Terms and Conditions before purchasing any product or services that are available from Seller. THE TERMS AND CONDITIONS MAY CHANGE SO IT IS IMPORTANT TO REVIEW THE TERMS AND CONDITIONS PERIODICALLY.
3. Prices and Payment Terms.
a. All prices, discounts and promotions posted through social media platforms (including but not limited to Instagram, Facebook, X, and TikTok) are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling, if applicable. All such taxes and charges will be added to applicable product and/or service totals and will be itemized in your shopping cart and order confirmation. Seller strives to display accurate price information, however, Seller may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Seller reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
b. To purchase products and/or services, you must provide Seller with a current and valid method of payment, such as a credit or debit card or any other payment method available on through the social media platform. Terms of payment are within Seller’s sole discretion and, unless otherwise agreed by Seller in writing, payment must be received by Seller before Seller accepts an order. You represent and warrant that (i) any credit card information you supply us is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the social media platform at the time of your order.
c. Seller reserves the right to verify credit/debit card payments prior to completing your purchase.
4. Shipments; Delivery; Title and Risk of Loss
a. In the event a physical product is ordered, Seller shall arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges and reimbursement for the costs Seller incurs in the processing, handling, packing, shipping, and delivery of your order.
b. Title and risk of loss pass to you upon Seller’s transfer of the physical product to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Seller is not liable for any delays in shipments.
5. No Refund and Return Policy. Unless otherwise specifically provided for in these Terms and Conditions, Seller shall not accept the return of any products and/or services, and the purchase of any products and/or services are non-refundable.
6. Disclaimer of Warranties. THE PRODUCTS AND/OR SERVICES PROVIDED “AS IS” AND WITH ALL FAULTS. SELLER MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SERVICES. YOU ACKNOWLEDGE THAT SELLER DOES NOT HAVE CONTROL OVER YOUR USE OF THE PRODUCTS AND/OR SERVICES, AND SELLER DOES NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE PRODUCTS AND/OR SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE PRODUCTS AND/OR SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SELLER DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, SELLER NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE PRODUCTS AND/OR SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE PRODUCTS AND/OR SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.
7. Limitation of Liability.
a. IN NO EVENT SHALL THE SELLER BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE ARISING OUT OF OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR
NOT SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES YOU HAVE ORDERED.
b. Some jurisdictions restrict or do not allow the limitation of liability in contracts (such as limitation of liability for death or personal injury caused by other party's negligence, fraud, or fraudulent misrepresentation, willful misconduct, or gross negligence). As a result, respective provisions of this Section may not apply to you. In cases where such restrictions on the limitation of liability apply, the liability of Seller shall be limited to the fullest extent permitted by certain applicable law.
8. Indemnification. You agree, at your own expense, to indemnify, defend, and hold harmless Seller, including but not limited to any affiliates and their officers, directors, employees, agents, distributors, and licensees from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys' fees, expert witness fees, and expenses) incurred in, arising out of or in any way related to (i) your breach of these Terms and Conditions; (ii) your use of the products and/or services; (iii) your violation of any applicable laws, rules, and regulations; or (iv) your negligence or willful misconduct. Seller shall not be responsible for any delay or disruption to your use of the Services, including any damages stemming therefrom, caused by circumstances falling under this Section.
9. Goods Not for Resale. You represent and warrant that you are buying products and/or services from Seller for your own personal or household use only, and not for resale, distribution, or transfer of ownership of the products to any third party. Upon purchase of a product, you agree that you will not alter, adapt, or modify the product in any way. You further represent and warrant that you will not export any products purchased from Seller.
10. License Terms
a. License Grant. Subject to the Terms and Conditions and provided that you comply with the Terms and Conditions, Seller grants you a limited, revocable, nonexclusive, personal, non-transferable, non-sublicensable, non-assignable, fixed-term license (the “License”) to download, install and use a copy of the product and/or service on a compatible device that you own or control. No other right or license, express or implied, of any kind is granted to you hereunder with respect to the product and/or service.
b. We Retain all Rights. The products and/or services, used pursuant to these Terms and Conditions is licensed, not sold, and you receive no title to or ownership of any copy. You receive no rights to the products and/or services other than those specifically granted in Section 10(a) above. Seller and/or Seller’s licensors retain all right, title and interest in and to the products and/or services and any portion thereof. All rights are reserved unless otherwise explicitly expressed.
11. Prohibited and Restricted Use.
a. Your access to and use of the products and/or services is subject to the Terms and Conditions and all applicable laws and regulations. Seller reserves the right, at any time, in our sole discretion, with or without notice, to suspend and/or terminate the services to any users who violate any applicable laws or these Terms and Conditions, whether repeated violation or a single instance.
b. You agree that you shall not yourself and/or enable others to use, assist, encourage, or enable others to use the products and/or services for any unlawful, illicit, illegal, criminal, or fraudulent activities, or violate, infringe, or misappropriate Seller, Seller’s licensors and/or any other third parties' copyright, other intellectual property rights, privacy, or other legal rights.
c. You also shall not take any action to jeopardize, limit or interfere in any manner with our ownership and rights with respect to the products and/or services. Except and to the extent that this is expressly permitted by applicable law and these Terms and Conditions, you receive no right to and shall not yourself or enable others to: (i) reproduce, modify, create derivative works from, distribute, make available over network, publicly display, or publicly perform services and/or products; (ii) translate, adapt, arrange, or make any other alteration of the products and/or services and reproduce the results thereof; (iii) transfer, distribute, lease, sublicense, or rent the products and/or services, and/or your rights granted under the License to any third party; (iv) use the products and/or services in any manner that is not expressly permitted pursuant to these Terms and Conditions; or (vi) remove or modify markings or any notice of proprietary rights of the products and/or services.
d. It is your responsibility to comprehend the relevant laws related to any jurisdiction or venue that concerns you, your actions and your use of the products and/or services. You access and use the products and/or services on your own initiative, and you solely are responsible for complying with your local laws and regulations and the laws and regulations of any country with which or through which you communicate, transmit, or receive data, if and to the extent such laws are applicable.
12. Governing Law and Jurisdiction. The Terms and Conditions are governed by and construed in accordance with the internal laws of the State of Montana without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Montana. You and Seller agree that any proceeding to resolve claims relating to the Terms and Conditions will be brought in the State or Federal Court within Yellowstone County, State of Montana.
13. Dispute Resolution
a. Should any dispute or disagreement arise, you shall provide written notice of dispute to [email protected] which includes your name, a detailed description of the dispute, and the relief you seek. Seller shall attempt to resolve the dispute informally by contacting you via email. If the dispute remains unresolved, such dispute shall be settled by non-binding arbitration in accordance with Section 13(b) below.
b. Any arbitration involving any dispute or matter arising under these Terms and Conditions may only be brought after the dispute resolution process outlined in Section 13(a) has been completed. Non-binding arbitration shall be conducted by a single arbitrator in Yellowstone County, Montana in accordance with the terms of the American Arbitration Association.
14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms and Conditions. Any purported assignment or delegation in violation of this Section is null and void.
15. No Waivers. The failure by Seller to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Seller.
16. No Third-Party Beneficiaries. These Terms and Conditions are not intended to confer any rights or remedies upon any person other than you.
17. Notices.
a. To You. We may provide any notice to you under these Terms and Conditions by (i) sending a message using the contact information you provided. Notices sent by email will be effective when Seller sends the email. It is your responsibility to keep your email address current.
b. To Seller. To give a notice to Seller under these Terms and Conditions, you must contact Seller by email at [email protected]. Seller may update the address for notices from time to time.
18. Severability. If any provision of these Terms and Conditions is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and Conditions and will not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.
19. Force Majeure. Seller shall not be in breach of the Terms and Conditions nor liable for delay in performing, or failing to perform, any obligations under the Terms and Conditions if such delay or failure result from unforeseen circumstances, events, or causes beyond Seller's reasonable control (including, without limitation, force majeure, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities). In such cases, Seller shall be entitled to a reasonable extension of the time for performing any such obligations under the Terms and Conditions.
No Reliance. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms and Conditions.
21. Entire Agreement. These Terms and Conditions are deemed the final and integrated agreement between you and the Seller on the matters contained herein.