1. INTRODUCTION

These Standard Terms and Conditions are written shall manage your use of this all Tender Hearts services. You agreed to accept all terms and conditions written in here. You must not use proceed further if you disagree with any of these Standard Terms and Conditions.

2. RESTRICTIONS

You are specifically restricted from all of the following

  •  Publishing our material in any other media;
  • Selling, sublicensing and/or otherwise commercializing any of our material;
  • Publicly performing and/or showing any of our material;
  •  Using our material in any way that is or may be damaging our reputation;
  •  Using this material in any way that impacts user access to this Website;
  •  Using this material contrary to applicable laws and regulations, or in any way may cause harm to the Tender Hearts or any entity;

3. YOUR CONTENT

In these Tender Hearts service Terms and Conditions, “Your Content” shall mean any audio, video text, images, address links or other material you choose to display. By displaying Your Content, you grant Tender Hearts a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

4. NO WARRANTIES

The Tender Hearts service is provided “as is,” with all faults, and Tender Hearts expresses no representations or warranties, of any kind related to this service.

5. LIMITATION OF LIABILITY

In no event shall Tender Hearts, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this service whether such liability is under contract.Tender Hearts, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

6. INDEMNIFICATION

You hereby indemnify to the fullest extent Tender Hearts from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

7. SEVERABILITY

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

8. VARIATION OF TERMS

Tender Hearts is permitted to revise these Terms at any time as it sees fit, and in this you are expected to review these Terms on a regular basis.

9. ASSIGNMENT

The Tender Hearts is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

10.FEES AND PAYMENTS

You agree to pay to Tender Hearts any fees for each Service / Subscription you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Fees paid by you are non-refundable, except as provided in these Terms or when required by law. Tender Hearts may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Tender Hearts will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

11. ENTIRE AGREEMENT

These Terms constitute the entire agreement between Tender Hearts and you in relation to your use of this service and supersede all prior agreements and understandings.

12. SERVICE DATA

You agree that we and our affiliates may use information derived from or generated by the Service Offerings to provide, maintain, protect, and improve the Service Offerings and to develop new products and services, to the extent permitted by applicable law.

13. GOVERNING LAW & JURISDICTION

These Terms will be governed by and interpreted in accordance with the laws of the State of Florence SC, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Florence SC for the resolution of any disputes.

14. DISCLAIMERS

The service offerings are provided “as is,” and neither we nor our affiliates, suppliers, or licensors make any warranties, conditions, or representations to you or any other party with respect to the service offerings, whether oral or written, express, implied, or statutory. without limiting the generality of the foregoing, we make no representation or warranty that

  •  The service offerings will satisfy your requirements, or
  • The service offerings will be uninterrupted or operate error-free or be compatible with any hardware or software not explicitly specified in the documentation. any implied warranty or condition of merchantability, non-infringement, and fitness for a particular purpose, accuracy, or system integration is expressly excluded and disclaimed.

15. LIMITATIONS OF LIABILITY

We and our affiliates or licensors will not be liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages (including, but not limited to, damages for loss of profits, goodwill, use, or data, or costs of substitute goods or services), even if a party has been advised of the possibility of such damages. in any case, our and our affiliates’ and licensors’ aggregate liability for all claims arising under this agreement will not exceed your actual direct damages, up to the amounts paid by you for the service giving rise to the claim in the 3 month period preceding the claim.

 

20 March 2019