Terms Of Use
OVERVIEW
This web site is operated by Eva Stelljes. Throughout the site, the terms "we", "us" and "our" refer to Eva Stelljes. Our website, including all information, tools and services available from this site to you, the user, is subject to your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing anything from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use", "Terms"), including those additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the Site, including but not limited to users who are browsers, providers, customers, merchants and/or content contributors.
Please read these Terms of Use carefully before accessing or using our Website. By accessing or using any portion of the Site, you agree to be bound by these Terms of Use. If you do not agree to all of the terms and conditions of this Agreement, you may not access the Website or use any Services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools added to the current store will also be subject to the Terms of Use. You may review the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use or access of the Site following the posting of changes constitutes acceptance of those changes.
Our store is hosted by Squarespace, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS AND CONDITIONS
By agreeing to these Terms of Use, you represent that you are at least of legal age in your state or province, or that you are of legal age in your state or province and have given us your consent, you are permitting your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) while using the Service.
You may not transmit any worms or viruses or codes of a destructive nature.
Violation or breach of any of the Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service at any time for any reason.
You understand that Your Content (excluding credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided without express written permission from us .
The headings used in this Agreement are for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information provided on this website is not accurate, complete or current. The material on this website is for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information is necessarily not current and is provided for your information only. We reserve the right to change the content of this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to monitor any changes to our website.
SECTION 4 - CHANGES IN SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online through the Website. These products or services may have limited quantities and may only be returned or exchanged in accordance with our return policy.
We have made every effort to represent as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that the color display on your computer monitor will be accurate.
We reserve the right, but have no obligation, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for products or services on this website is void where prohibited.
We do not warrant that the quality of any products, services, information or other material purchased or received by you will meet your expectations or that errors in service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These limitations may include orders placed from or under the same customer account, the same credit card, and/or orders placed with the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete your transactions and contact you as needed.
For more details, please refer to our Return Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without endorsement. We assume no liability arising out of or in connection with your use of optional third-party tools.
Any use of optional tools offered through the Site is solely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which tools are provided by the applicable third party providers.
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). These new features and/or services will also be subject to these Terms of Use.
SECTION 8 - LINKS TO THIRD PARTIES
Certain content, products and services available through our Service may contain materials from third party providers.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant or assume any liability or responsibility for, any Third Party Materials or Third Party Sites or any other Third Party Materials, products or services. We are not liable for any damages or harm related to the purchase or use of goods, services, resources, content or other transactions made in connection with third party websites. Please read the third-party provider's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions about Third Party Provider products should be directed to the Third Party Provider.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, in response to our request, you submit certain specific submissions (e.g., contest entries) or, without a request from us, you submit creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by mail or otherwise (collectively, "Comments"), you agree that we may edit, copy, publish, distribute, translate and otherwise use any Comments you submit to us in any medium at any time without restriction. We are not and will not be obligated (1) to keep any Comments confidential; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove any Content that we, in our sole discretion, deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms of Use . You agree that your comments do not violate any third party rights, including copyright, trademark, privacy, personal or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, or computer viruses or other malware that could interfere in any way with the operation of the Service or any related website. You may not use a false email address, impersonate yourself, or mislead us or any third party as to the origin of any Comments. You are solely responsible for all comments you make and their accuracy. We assume no responsibility or liability for any Comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the Store is subject to our Privacy Policy. To view our privacy policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our Site or Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update any information or cancel any order if any information on the Service or on any related website is inaccurate at any time without prior notice (including after you have placed your order). . We assume no obligation to update, change or clarify any information in the Service or on any related website, including, but not limited to, pricing information, unless required by law. No stated update or refresh date applied in the Service or on any related website should be construed as an indication that all information in the Service or on any related website has been changed or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or engage in any unlawful activity; (c) in violation of any international, federal, state or local regulation, rule, law or ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, injure, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to transmit false or misleading information; (g) to upload or transmit viruses or other types of malicious code that are or may be used in any way to interfere with the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) spam, phish, pharm, pretext, spider, crawl or scrape; (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may remove the Service from time to time for indefinite periods of time or terminate the Service at any time without notice to you.
You expressly agree that your use or inability to use the Service is at your sole risk. The Service and all products and services provided to you through the Service are provided (except as expressly stated by us) "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Live The Stream, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive or special , or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, cost of replacement or similar damages arising in contract, tort (including negligence), strict liability or otherwise arising out of your use of any of the Service or any Products purchased through the Service, or for any other claim related in any way to your use of the Service or any Product, including but not limited to errors or omissions in Content, or loss or damage of any kind incurred as a result of your use of the Service or any Content (or Products) posted, transmitted or otherwise made available through the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Eva Stelljes and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they contain, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY CLAUSE
In the event that any provision of these Terms of Use is found to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Use Service, such provision shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties arising prior to the Termination Date shall survive termination of this Agreement for all purposes.
These Terms of Use will continue in effect until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or if you discontinue using our website.
If, in our sole discretion, you fail to comply with any term or provision of these Terms of Use, or we suspect that you have failed to do so, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or may accordingly deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this Site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals , whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Use).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Austria.
SECTION 19 - CHANGES TO THE TERMS OF USE
You may review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Website or the Service following the posting of changes to these Terms of Use constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to: info@healing-states.com