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Legal Terms and Conditions

 

All sales of products and services offered by Heritage House '76, Inc. or its wholly owned divisions or subsidiaries of any name or designation and their associated web sites (hereinafter "Heritage House"}, in any medium, including, but not limited to, electronic, printed materials or catalogs, advertising, and all other forms of communication, published or unpublished, verbal or written, (hereinafter "Materials"), are subject to the legal terms and conditions outlined below (collectively, the "Terms and Conditions").

 

Your purchase of products through Heritage House constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Heritage House reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we urge you to read them carefully each time you wish to make a purchase.

 

NON-COMMERCIAL USE LIMITATION

 

Except when the express written authorization of Heritage House is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, or create derivative works from Heritage House Materials. Heritage House reserves complete title and full intellectual property rights in all Materials.

 

PROPRIETARY RIGHTS

 

Heritage House logos and trademarks, as well as certain other names, words, slogans, images, marks, trade names, and design marks used in any Materials are the properties of their respective owners. You may not use, publish, post, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, design marks, or trade names in any manner without the prior written consent of the owner.

 

All content of Heritage House Materials, including, but not limited to, all information, text, design, images, sound, photographs, video, illustrations, links to other Internet Sites, icons, graphics, headers, text, data and software (collectively, "Content") and the presentation, arrangement, coordination, enhancement and selection of such Content are subject to intellectual property rights, including copyright, trademark, design mark, or other proprietary rights or licenses held by Heritage House or a Heritage House affiliate or by third parties who have licensed their rights to Heritage House. All such rights are expressly reserved.

 

DISCLAIMER

 

PLEASE NOTE THAT ALL CONTENT IN HERITAGE HOUSE MATERIALS IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. HERITAGE HOUSE DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF HERITAGE HOUSE, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO HERITAGE HOUSE WEB SITES (OR SITES LINKED TO THEM), OR OTHER MATERIALS OR PUBLICATIONS, INCLUDING, BUT NOT LIMITED TO, ANY: IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; IMPLIED WARRANTY OF NON-INFRINGEMENT; AND CLAIM IN TORT (INCLUDING NEGLIGENCE). HERITAGE HOUSE DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN HERITAGE HOUSE MATERIALS, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US. HERITAGE HOUSE DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL HERITAGE HOUSE , ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF HERITAGE HOUSE MATERIALS OR WEB SITES OF HERITAGE HOUSE OR ANY CONTENT THEREIN, EVEN IF HERITAGE HOUSE OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH HERITAGE HOUSE MATERIALS AND THE CONTENT THEREIN, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THESE MATERIALS. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF HERITAGE HOUSE TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

"Errors, Inaccuracies or Omissions"

 

Heritage House makes every effort to ensure that the Content of its Materials is complete and current. However, Heritage House does not guarantee that the information contained in these will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Heritage House reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Heritage House reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been placed, confirmed and/or your credit card has been charged or check cashed. If your credit card has been charged or check cashed for the purchase and your order is cancelled, Heritage House shall promptly issue a refund or credit to your credit card.

 

"Return Policy"

 

Heritage House offers a "no hassle" 30 day return policy. We hope that you are completely satisfied with your purchase. If for any reason you are not satisfied, simply call about a refund or exchange. A 15% restocking fee may apply. Returns will not be accepted without prior approval. Please note that the item price and applicable taxes that were collected by Heritage House will be refunded. Shipping, handling, foreign duty, customs charges or any other charges will not be refunded unless an error occurred on our part, or merchandise is defective.

 

"Pricing Policy"

 

All prices quoted are in U.S. Dollars (USD) except as noted in the "Internet Pricing Policy" section below. Prices do not include any applicable fees, charges or taxes. Special mail order promotions, email specials, gift certificate programs, "best customer" discounts and other promotional sales are available only to non-commercial customers. Most products are available at quantity discount prices as given in the catalog and online. A quantity discount price is defined as the discounted price you qualify for when ordering a certain minimum quantity of an item. Most quantity discount prices are published in our catalog. However, if you are ordering unusually large quantities, feel free to ask us if there are lower quantity discount prices not shown in the catalog. The quantities you order of some separate items can be combined to reach the minimum number required to qualify for a lower quantity discount price. For instance, if you order 50 of 100GIL and 50 of 100SIL, you receive the 100+ price break for both items. All prices are subject to change without notice. Shipping charges will apply to all orders.

 

"Special Offers"

 

At various times and in various mediums, Heritage House offers Special Offers or coupons for discounts to its customers. No coupon or special offer can be combined with another coupon or special offer, or with any custom or special price quote that has been requested by the customer.

 

"Payment Policy"

 

Heritage House accepts payment by Visa, Mastercard, and Discover in U.S. Dollars. Checks in U.S. Dollars drawn on a U.S. bank are also accepted for payment of non-internet orders when accompanied by a valid order form, subject to acceptance by Heritage House. Payment by check may delay shipping until funds become available to Heritage House. Use of checks which are returned for insufficient funds or use of credit cards which decline or are charged back through action taken by the holder, may, at the sole discretion of Heritage House, result in money order or cashiers checks being required for all orders.

 

"Shipping"

 

Heritage House will endeavor to ship any ordered product as quickly as possible and within any time periods indicated. However, you acknowledge and agree that Heritage House will not be held responsible for any delays in shipping, out of stock conditions, or assembly time delays. Where delivery is substantially delayed, Heritage House will notify you as soon as possible. Heritage House reserves the right to determine the method of shipment for all orders. Orders sent by UPS will be delivered to street addresses only. Orders originating from customers who live outside of the United States borders are not elegible for "free shipping" offers of any type that may be in effect at the time of order placement. On all orders of this type, shipping, handling, and any additional fees will be determined before shipment.

 

"Special Products"

 

Due to customers altering or otherwise misusing the "Precious Feet" items in the past, and that these products are the foundation of the success of Heritage House, the following terms and conditions have been adopted to insure that Precious Feet are used as designed to further Pro-Life ideals by all customers of Heritage House.

 

  1. Precious Feet items ("Precious Feet") are those items which incorporate the design of Precious Feet into jewelry pieces or other types of promotional items. They consist of jewelry or other items and may include as a part of the product an explanatory information card ("romance card").
  2. Precious Feet may not be used for purposes other than promoting accepted Pro-Life ideals. Specifically, they may not be used for such things as sales rewards at shoe stores, podiatrist "give-aways" for children, or any other use not primarily and properly promoting the Pro-Life cause.
  3. Precious Feet may not be distributed, whether sold or given away, without the attached, unadulterated romance card provided. No additional attachments, labels, stickers, or any other informational processes may be attached to or placed around the jewelry or other items or the romance cards. These restrictions may be waived only at the sole discretion of Heritage House. for special approved purposes.
  4. Violating any of the above restrictions characterizes the misuse of Precious Feet. Misuse of Precious Feet may, at the sole discretion of Heritage House, result in the immediate and permanent withdrawal of the customer's privilege of purchasing (or returning) Precious Feet.
  5. All effort will be made to respond to requests for special price quotes within 3 business days of receipt by an account representative. Business volume, absences, or other unforeseen circumstances may cause additional delay. Quotes will be provided in writing and are valid as of the day issued and one additional business unless otherwise indicated. Quotes are processed in the order received.
  6. By purchasing Precious Feet, you, the customer, are acknowledging the validity of the copyright of the design of Precious Feet and the Trademark of Precious Feet.
  7. These terms and conditions may change at any time. By purchasing Precious Feet you agree to be bound by these terms and any subsequent changes made to them from time to time.

 

INTERNET ONLY

 

The following terms and conditions "A" through "E" in this section are specific to sales of products and services offered by Heritage House in its Materials through any internet site owned, managed or controlled by Heritage House (hereinafter "Internet Site").

 

A. DISCLAIMER

 

HERITAGE HOUSE DOES NOT REPRESENT OR WARRANT THAT ANY INTERNET SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT ANY INTERNET SITE OR THE SERVER THAT MAKES AN INTERNET SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

 

B. LINKS TO OTHER INTERNET SITES ARE NOT ENDORSEMENT

 

Heritage House Internet Sites may contain links to other internet sites which are provided to you for your convenience. Please note that the provision of any links to other internet sites does not constitute an endorsement by Heritage House of such linked internet sites. All such other internet sites are wholly independent from this Internet Site and from Heritage House and Heritage House has no control or power over such other internet sites including their content. If you visit any of the linked internet sites, we urge you to review their respective terms and conditions of use as well as their policies on privacy and security and suitability for your purposes.

 

C. PROHIBITED OR UNLAWFUL USE

 

You warrant to Heritage House that you will not use any Internet Site for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to use this Internet Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person's use and enjoyment of this Internet Site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Internet Site.

 

D. ONLINE SHOPPING

 

In order to purchase through this Internet Site you have to be 18 years old or older and you agree to pay for all charges noted on this Internet Site as payable by you. Furthermore, any product ordered or purchased from this Internet Site may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted. Heritage House reserves the right to limit the quantities of certain products which you can purchase through the facilities of this Internet Site. Purchases that require special price quotations or that are regulated by court order may not be made on this Internet Site.

 

E. INTERNET PRICING POLICY

 

All prices quoted are in U.S. Dollars (USD) except for any Canadian portions of the Internet Site which are in approximate Canadian dollars (CAD), and are shown for illustration only. Canadian orders using the prices shown in the Canadian portion of the Internet Site may be updated using the most current exchange rate before acceptance of the order by Heritage House as a credit card order. You will be notified and asked for approval of any such adjustments before shipment. Prices do not include any applicable fees, charges or taxes. All prices are subject to change without notice. Shipping charges will also apply, and may vary from those listed on the Internet Site. Prices which have been changed on the Internet Site are effective immediately. If items are placed in a customer's "cart" before a price change, but the order is not actually placed until after the change, Heritage House reserves the right to correct the pricing of your order before filling it. You will be notified and may approve the change, or remove some or all items from your order. Weekly Specials generally expire as of Monday morning at 8AM, but may be extended, shortened, or canceled at any time at the sole discression of management. Heritage House reserves the right to refuse an order for Weekly Special items after expiration of the offer, even if the offer has not yet been removed from the Internet Site. Orders for Weekly Special items will not be accepted after the expiration date for any reason without the express approval of Heritage House. Where inventory is exhausted during a special, Heritage House may substitute a similar item in its place. You will always be given the opportunity to accept the substition or cancel the order. No coupon or special offer can be combined with another coupon or special offer, or with any custom or special price quote that has been requested by the customer.

 

ENTIRE AGREEMENT

 

These Terms and Conditions constitute the entire agreement between Heritage House and you regarding the subject matter of this agreement, and supersede all prior or contemporaneous communications, whether electronic, oral or written, except as required by law, between Heritage House and you with respect to such subject matter.

 

SEVERABILITY

 

These Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

GOVERNING LAW

 

The Terms and Conditions as well as the use of Heritage House Materials including any order or purchase made through use of the Materials shall be governed by the laws Arizona.

 

Copyright 2003 Heritage House '76, Inc. and its licensors. All rights reserved.

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