Terms and Conditions

Welcome to Hearts.com. Hearts.com ("Hearts") provides website features and other products and services to you when you visit or shop at Hearts.com (collectively, "Hearts Services"). Hearts provides the Hearts Services subject to the following conditions.

By using Hearts Services, you agree to these conditions.

Privacy

Please review our Privacy Policy, which also governs your use of Hearts Services, to understand our practices.

Electronic Communications

When you use any Hearts Service, or send e-mails to us, you are communicating with us electronically. You are also consenting to receive electronic communications from us. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and were sent with your consent.

License

Subject to your compliance with these Terms of Use, Hearts or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Hearts Services. This license does not include: (i) any resale or commercial use of any Hearts Service, or its contents; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of any Hearts Service or its contents; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Hearts or its licensors, suppliers, publishers, rights holders, or other content providers.

No Hearts Service, nor any part of any Hearts Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hearts. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hearts without express written consent. You may not use any meta tags or any other "hidden text" utilizing Hearts' name or trademarks without the express written consent of Hearts. You may not misuse the Hearts Services. You may use the Hearts Services only as permitted by law. The licenses granted by Hearts terminate if you do not comply with these Terms of Use.

Accounts

If you create an account with Hearts, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Hearts offers products that can be used/worn by both children and adults, but only sells to adults. If you are under 18, you may use the Hearts Services only with involvement of a parent or guardian. Hearts reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

Copyright

All content included in or made available through any Hearts Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Hearts or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Hearts Service is the exclusive property of Hearts and protected by U.S. and international copyright laws.

Notice and Procedure for Making Claims of Copyright Infringement

Hearts respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at hello@hearts.com with the written information specified below. Please note that this procedure is exclusively for notifying Hearts that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A 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;
  • 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.
Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Hearts Service are trademarks or trade dress of Hearts in the U.S. and other countries. Hearts' trademarks and trade dress may not be used in connection with any product or service that is not Hearts, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hearts. All other trademarks not owned by Hearts that appear in any Hearts Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hearts.

Reviews and Other Content

Visitors may post reviews, comments, photos, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. Hearts reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Hearts a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hearts for all claims resulting from content you supply. Hearts has the right, but not the obligation, to monitor, edit and remove any activity or content. Hearts takes no responsibility and assumes no liability for any content posted by you or any third party.

Product Descriptions

Hearts attempts to be as accurate as possible in describing its products. However, as Hearts’ products are handmade by local artisans around the world, the products may vary from the description found on this website. Hearts does not warrant that product descriptions or other content of any Hearts Service is accurate, complete, reliable, current, or error-free. If a product offered by Hearts itself is not as described, your sole remedy is to return it in unused condition.

Disclaimer of Warranties and Limitation of Liability

THE HEARTS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HEARTS SERVICES ARE PROVIDED BY HEARTS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HEARTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HEARTS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HEARTS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HEARTS SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HEARTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEARTS DOES NOT WARRANT THAT THE HEARTS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HEARTS SERVICES, HEARTS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HEARTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEARTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HEARTS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HEARTS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Disputes

Any dispute or claim relating in any way to your use of any Hearts Service, or to any products or services sold or distributed by Hearts or through Hearts.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent ST Service Co, 4250 North Drinkwater Boulevard, 4th Floor, Scottsdale, AZ 85251. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law and Jurisdiction

By using any Hearts Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Hearts. You further agree that any arbitration or lawsuit that may take place must be conducted in Phoenix, Arizona or the federal or state courts located in Phoenix, Arizona.

Contact Us

Hearts.com, Inc.
4400 North Scottsdale Road, Suite 9539
Scottsdale, AZ 85251
888-943-2787
http://www.hearts.com

Hearts.com
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