The site and services are provided to you on an "as is, as available" basis, and your use thereof is entirely at your own risk. Except as specifically set forth in this agreement, we make no representations or warranties of any kind regarding the site and services, any products made available to you in connection therewith, or your access to or use of any of the foregoing, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, and/or non-infringement, or any warranties arising by course of dealing or custom of trade. We make no representation or warranty that any material, content, products, or services displayed on or offered through the site and/or our service are accurate, complete, appropriate, reliable, or timely. We also make no representations or warranties that the services will meet your requirements and/or your access to and use of the site and services will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise secure. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics, audio and video and are collectively referred to as ‘Content’. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. Unauthorized use of the site includes, but no exclusive to: sending, receiving, uploading, downloading, archiving, using or re-using any information or material that is defamatory, obscene, offensive, abusive, threatening, menacing, harassing, indecent or in breach of confidence, copyright, privacy or any other rights; causing annoyance, inconvenience or needless anxiety; sending or providing unsolicited advertising or promotional material or to receiving a response to any unsolicited advertising or promotional material sent or provided by any third party using the site.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another website or document without the COMPANY’S prior written consent.
To the maximum extent permitted by applicable law, neither Hearthstone Homemade, its licensors, suppliers, partners, affiliates or third-party service providers shall be liable to you or any third party for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, or any other form of damages in any manner arising out of or in connection with this agreement or your use of the site and services, regardless of the form of action or the basis of the claim or whether or not Hearthstone Homemade has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.
In the event you have any dispute with one or more third parties as a result of your use of the material or the services, or are in any way damaged as a result of any third party in connection therewith, you hereby release and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against us, our affiliates, officers, directors, employees, agents, representatives and suppliers from, for any claims, actions, demands or damages (whether direct, indirect, special, incidental or consequential), of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs, or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action, and then your corresponding indemnification obligation will end.
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Use of this website shall in all respects be governed by the laws of the state of California, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the California courts located in Los Angeles County, California, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.