Terms And Conditions
Things You Need to Know
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
THESE TERMS OF SERVICE (THE “TERMS”) GOVERN YOUR USE OF THE HEARTS IN ARMOUR LLC WEBSITE (THE “SITE”) AND CONSTITUTE A CONTRACT BETWEEN YOU (THE “USER”) AND HEARTS IN ARMOUR LLC (HIA). IF YOU DO NOT AGREE TO ACCEPT THESE TERMS IN THEIR ENTIRETY, PLEASE DISCONTINUE YOUR USE OF THE SITE IMMEDIATELY. IF YOU ARE UNDER THE AGE OF 18, YOUR PARENTS MUST REVIEW AND ACCEPT THESE TERMS BEFORE YOU USE THIS SITE FOR ANY REASON. THIS SITE IS NOT DIRECTED TO CHILDREN UNDER THE AGE OF 13.
PRODUCT VARIATIONS, STORAGE AND SHIPPING
HIA will use its commercially reasonable efforts to maintain the quality and consistency of the Products produced for Customer, including, without limitation, color, scent and viscosity. Customer agrees to abide by the information contained in the HIA Guidelines. Customer understands that it is normal to see slight variations in color, scent and viscosity from batch to batch as the raw ingredients may vary from lot-to-lot and may be affected by climate changes and conditions. Customer agrees that a Product shall be considered properly manufactured notwithstanding that a slight color, viscosity or scent variance exists over the approved sample of the Product. HIA shall not be responsible for the effects of climate changes and conditions during periods when product is outside the control of HIA. Customer shall be responsible for mitigating the effects of temperature, humidity and other weather conditions during shipment and storage by shipping and storing the Products in suitable climate-controlled conditions.
The entire content included in this Site, including but not limited to text, graphics or code is copyrighted and is the property of Hearts In Armour LLC. Hearts In Armour LLC reserves all rights it may have at law or in equity. Permission is granted to Users to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with HIA or HIA 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 HIA. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
It is the policy of HIA to terminate the privileges of any User who infringes the copyrights HIA or others upon receipt of notification to HIA by the copyright owner or the copyright owner's legal agent. If you believe that your Content has been used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with the following information: (A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you claim has been infringed; (C) a description of where the material that you claim is infringing is located on the Site; (C) your address, telephone number, and email address; (E) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (F) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. HIA Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Hearts In Armour LLC,
PO BOX 50158, Idaho Falls, IDAHO 83405-0158
All fees and pricing as well as delivery of the Products shall be based upon FOB Idaho at HIA’s facility. If Customer requests delivery at any other specified destination, all charges, taxes, and assessments for shipping, insurance, and freight shall be the responsibility of Customer. Further, if Customer requests delivery at any other specified destination, all risk of loss or damage to the Product passes to Customer upon loading at HIA’s shipping dock. Any insurance covering Products in transit shall be for an amount not less than the full invoice price of the items delivered, with HIA named as an additional insured unless HIA has been paid for the Products prior to shipping.
All trademarks, service marks and trade names of HIA used in the Site are trademarks or registered trademarks of Hearts In Armour LLC. HIA does not claim ownership in the trademarks or service marks owned by or advertises or third parties that are displayed on the Site.
DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK
THE SITE AND THE HEARTS IN ARMOUR PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND YOUR USE OF THE SITE, ANY HEARTS IN ARMOUR PRODUCTS, OR ANY COMBINATION THEREOF IS AT YOUR OWN RISK. HEARTS IN ARMOUR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, HEARTS IN ARMOUR MAKES NO WARRANTY (A) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) THAT THE INFORMATION YOU MAY OBTAIN THROUGH YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (C) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OTHERWISE OBTAINED BY YOU THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS, OR (E) THAT ANY ERRORS IN THE SITE WILL BE CORRECTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SITE IS OBTAINED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH CONTENT.
NO ADVICE OR OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEARTS IN ARMOUR OR THROUGH THE SITE WILL CREATE ANY WARRANTY WITH RESPECT TO THE SITE.
NONE OF THE PRODUCTS, TEXT OR ADVICE ON THIS SITE HAVE BEEN APPROVED OR ENDORSED BY A PHYSICIAN, THE FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATORY BODY. CONSULT YOUR PHYSICIAN IF YOU HAVE QUESTIONS ABOUT THE USE OF GOODS OR SERVICES AFTER READING THE LABEL AND ANY RELATED INFORMATION. USE OF GOODS OR SERVICES SOLD ON THIS SITE MAY TRIGGER ALLERGIES AND OTHER HEALTH RELATED ISSUES. REACTIONS MAY RESULT FROM MILD DISCOMFORT TO PHYSICAL IMPAIRMENT OR EVEN DEATH. IF YOU NEED EMERGENCY HELP RELATED TO ANY PHYSICAL OR MENTAL REACTION, PLEASE DIAL 911.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HEARTS IN ARMOUR NOR ITS AFFILIATES, OR EITHER OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR PROVIDERS, WILL BE LIABLE FOR ANY DAMAGES, INCLUDING INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY HEARTS IN ARMOUR PRODUCTS, EVEN IF HEARTS IN ARMOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT, HEARTS IN ARMOUR’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO HEARTS IN ARMOUR DURING THE YEAR IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Hearts In Armour, its affiliates, and their respective directors, officers, members, managers, employees, agents, representatives, licensors, and suppliers from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of your breach of the Terms or otherwise from your use of the Site 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 . Hearts In Armour reserves the right to assume partial or exclusive control over the defense of any matter subject to indemnification by you, in which case you agree to fully cooperate with Hearts In Armour in asserting any available defenses.
If an Hearts In Armour product is mistakenly listed at an incorrect price, Hearts In Armour reserves the right to refuse or cancel any orders placed for any product listed at the incorrect price. Hearts In Armour reserves the right to refuse or cancel any such orders whether the order has been confirmed and your credit card charged or not. If your credit card has already been charged for the purchase and your order is cancelled, Hearts In Armour shall issue a credit to your credit card account in the amount of the incorrect price.
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 thereof, may be terminated Hearts In Armour 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. We may periodically change these terms and conditions in our sole discretion, and your continued use of the Site constitutes your acceptance of the revised Terms. Please check this “Terms of Service” page for updates from time to time, as this is typically the only way we will notify you of any changes to the Terms.
Hearts In Armour 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 Hearts In Armour.
Any dispute arising out of or in connection with these Terms or your use of the Site will be governed by the laws of the State of Idaho, without regard to its conflict-of-laws principles or the United Nations Convention on Contracts for the International Sale of Goods. You agree that any cause of action or proceeding concerning any such dispute must be brought in County Circuit Court of the State of Idaho or, subject to applicable jurisdictional requirements, in the United States District Court for the District of Idaho, and you consent to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waive any objection to such venue.
You also agree that the remedy at law for your breach or threatened breach of the Terms may, by its nature, be inadequate, and that Hearts In Armour will be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance, and other appropriate equitable relief, without showing or proving that any monetary damage has been sustained. You further agree that regardless of any statute or law to the contrary, any cause of action or proceeding against Hearts In Armour and arising out of or in connection with the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. Hearts In Armour failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions Hearts In Armour may assign its rights and duties under this Agreement to any party at any time without notice to you.
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 an Hearts In Armour 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.
Hearts In Armour 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, Hearts In Armour 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, Hearts In Armour reserves the right to block or remove communications or materials that it determines in its sole discretion 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; (d) includes claims not allowed under FDA guidelines for cosmetic manufacturers; or (e) offensive or otherwise unacceptable to Hearts In Armour.