TERMS AND CONDITIONS OF USE

Terms of Use

 

1. Welcome to HER JUNCTION  Website.  Please review the following that govern your use of our Website ("Terms of Use"). Your continued use of our Website constitutes your agreement to follow and be bound by the Terms of Use.


2. Definitions


HerJunction.com is the interactive online service operated by Her Junction, Inc. and its affiliates (collectively, "we" or "The Company") on the World Wide Web of the Internet.


3. General


As we continue to develop our Website, we may from time to time, modify, alter or update these Terms of Use. Your use of our Website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. We therefore encourage you to refer to these Terms of Use on an on-going basis.


4. Website Contents


Unless otherwise noted, the design of this Website, the Website as a whole, and all materials, including images, illustrations, and designs, that are part of the Website (collectively, "Contents") are copyrights, trademarks, trade dress and / or other intellectual properties owned, controlled, or licensed by The Company. The Contents of our Website are intended solely for personal, noncommercial use by the users of our Website. You may download or copy the Contents displayed on our Website for your personal, noncommercial use only so long as your copy retains any copyright and trademark notices appearing on our Website. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Website.


Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).


5. Colors


We have made every effort to display as accurately as possible the colors of our products that appear at the Website. However, since the actual color you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.


6. Comments, Feedback and Other Submissions


We welcome your comments and feedback regarding our Website, our products, and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions disclosed, submitted or offered to The Company using this Website (including the chat room) or otherwise (collectively, "Comments"), are not confidential and will become and remain The Company's property. The disclosure, submission or offer of any Comments constitutes an assignment to The Company of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.


You will not post any Comment that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity,


All Comments must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, The Company reserves the right to cancel or suspend your account. Furthermore, The Company reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using The Company for improper purposes, or any purpose inconsistent with its business.


7. CHILDREN


The Company does not accept Comments from persons under the age of 13 ("Child" or "Children"). Furthermore, The Company does not accept any user who is a Child. You are ineligible to use this Website if you are under the age of 13. If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these terms. If you are under the age of 18, your parent or legal guardian's consent to these terms is ongoing and they hereby warrant that they will review these terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these terms. Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants The Company all rights to utilize the copyright and image / likeness embodied therein as further enumerated in these Terms of Use.


8. Monitoring


The Company shall have the right, but not the obligation, to monitor the content of the Website, including chat rooms and e-mail, to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, The Company shall have the right to remove any material that The Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.


9. User Conduct


The Company Website shall be used for lawful purposes only. Any conduct by you that in The Company's discretion restricts or inhibits any other user from enjoying this Website will not be permitted.


10. LIMITATION OF LIABILITY


TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED $1,000.00. IN NO EVENT SHALL THE COMPANY OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED "INDEMNITIES".

11. LICENSES FROM THE COMPANY

 

You are being granted solely a revocable, limited license, in compliance with these Terms of Use.

 

12. LICENSES FROM YOU

 

You grant to The Company and its third party providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, Content or other materials, provided to The Company by you in the course of accessing and/or using the Website. Notwithstanding the foregoing, The Company's sole obligations regarding identification and other information concerning your personal information shall be governed by the terms of the Privacy Policy. The terms of the Privacy Policy are expressly incorporated herein as though set forth in full.

 

13. BILLING AND PAYMENT

 

To the extent you purchase any goods and/or services through the Website, you agree to pay for all goods and services ordered from The Company and/or its third party providers except as set forth in a writing signed by an authorized representative of The Company.

 

14. REPRESENTATIONS AND WARRANTIES

 

15. Each party represents and warrants that it has the power and authority to enter into these Terms. The Company warrants that it will provide the Website and all goods and services in a manner consistent with its business practices, as The Company, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into these Terms of Use their behalf.

 

16. DISCLAIMER OF WARRANTIES

 

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY THE COMPANY, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, THE COMPANY AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. THE COMPANY AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER THE COMPANY NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY THE COMPANY, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN "AS IS" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.

 

17. INDEMNITIES

 

You shall defend and indemnify The Company and its third party providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) finally awarded against The Company or its third party providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. The Company shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website and/or the goods, services or materials associated with the Website other than in accordance with these Terms of Use; (b) the combination of the Website and/or the goods, services or Materials associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.

 

18. YOUR RESPONSIBILITIES

 

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which The Company controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

 

19. INTELLECTUAL PROPERTY NOTICES

 

Elements of the Website are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by The Company relating to the subject matter addressed herein.

 

 

20. LEGAL CONTACT INFORMATION

 

If you have any questions about these Terms of Use, or if you would like to request permission to use any materials, please contact our Customer Service Department.

 

21. Termination

 

These Terms of Use constitute an Agreement which is effective unless and until terminated by either you or The Company. You may terminate this agreement at any time by e-mailing customerservice@herjunction.com. The Company may also terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to this Website, if in The Company's sole discretion, you fail to comply with any term or provision in this Agreement. Upon any termination of this agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as copies of such materials. These Terms of Use constitute the entire Agreement between you and The Company relating to the subject matter addressed herein.


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