Last updated October 15, 2019
Terms
By accessing the website at https://heathertovey.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
User Representations
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Products
All products are subject to availability. I reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
Commercial License
The Commercial License grants you, the purchaser, an ongoing, non-exclusive, worldwide license to make use of the digital work you have purchased. This is the grant of a license, not a transfer of title.
You may use a single digital work multiple times within one website. However, that digital work may not be used on multiple websites unless repurchased per each additional website or if repurchased as a Developer License.
You may not remove any copyright or other proprietary notations from the materials or digital work provided.
You cannot redistribute the digital work as stock, in a tool or template, or with source files. You cannot do this with a digital work either on its own or bundled with other items, and even if you modify the digital work. You cannot redistribute or make available the digital work “as is” or with superficial modifications. These things are not allowed even if the redistribution is for free.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by me at any time. Upon terminating your license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Developer License
The Developer License grants you, the purchaser, an ongoing, non-exclusive, worldwide license to make use of the digital work you have purchased. This is the grant of a license, not a transfer of title.
You may use a single digital work multiple times on as many websites for you or your client(s) for as long as you wish.
You may not remove any copyright or other proprietary notations from the materials or digital work provided.
You cannot redistribute the digital work as stock, in a tool or template, or with source files. You cannot do this with a digital work either on its own or bundled with other items, and even if you modify the digital work. You cannot redistribute or make available the digital work “as is” or with superficial modifications. These things are not allowed even if the redistribution is for free.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by me at any time. Upon terminating your license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Purchases and Payment
We accept the following forms of payment:
– Visa
– Mastercard
– American Express
– Discover
– PayPal
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Refunds Policy
All sales are final and no refund will be issued.
Disclaimer
The materials on my website are provided on an ‘as is’ basis. I make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, I do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website or otherwise relating to such materials or on any sites linked to this site.
Affiliate Marketing
Some links on this website are affiliates. These links will be marked as affiliate links and may mean that I receive a small commission on some sales. I only use affiliate links for services that I actively use and highly recommend.
Testimonials
This website may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
Limitations
In no event shall I be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on this website, even if I have been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of materials
The materials appearing on this website could include technical, typographical, or photographic errors. I do not warrant that any of the materials on its website are accurate, complete or current. I may make changes to the materials contained on this website at any time without notice. However I do not make any commitment to update the materials.
Links
I have not reviewed all of the sites linked to this website and am not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by me of the site. Use of any such linked website is at the user’s own risk.
Modifications
I may revise these terms of service for this website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Alberta, Canada and you irrevocably submit to the exclusive jurisdiction of the courts in that location.