Welcome to heavenlyfamily.com (the “Website”), which is operated by Heavenly Family, Inc. (“Us,” “We,” “Heavenly Family”). If you continue to use this Website or purchase something from Us, you agree to comply with and be bound by the following terms and conditions of use (“Terms”) that govern your use of the Website. If you do not agree with the Terms of Service, please do not use this Website.
Please read these Terms carefully before accessing or using the Website. As the Terms may change from time to time, We recommend that you check the Terms each time that you use the Website. Any changes to the Terms will take effect upon their posting unless otherwise noted.
All materials on the Website are owned, licensed, and/or controlled by Us and are protected by United States and/or international intellectual property laws. The text, images, graphics, video files, and their arrangement (collectively, the “Contents”) on the Website are all subject to copyright, trademark, and other intellectual property protection.
The Website and its Contents are intended solely for your personal use. You may download or copy the Contents for your personal use only. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or otherwise exploit in any way any of the Contents or the Website.
You may not use the Website for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not transmit any malware, viruses, or any code or data of a destructive nature.
A breach or violation of any of the Terms may result in an immediate termination of your access to the Website and/or Our commercial relationship with you.
We reserve the right to refuse service to or to complete a business transaction with anyone for any reason at any time.
We strive to ensure that the Contents are accurate and complete. However, the information on the Website may include inaccuracies such as typographical errors or other errors or omissions that relate to product descriptions, pricing, promotions, offers, and/or availability. We reserve the right to correct any such inaccuracies, to change or update the Contents, and/or to cancel any order (regardless of whether the order has been submitted, confirmed, or charged) at any time without prior notice if We learn that any information on the Website is inaccurate or incorrect. We are not responsible for fulfilling an order that is based on inaccurate or incorrect information. If your credit card has been charged for such an order, it will be fully refunded.
We have made every effort to display as accurately as possible the colors and images of Our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
We do not warrant that the quality of any products purchased or obtained by you will meet your expectations.
Prices for Our products are subject to change without notice. We cannot guarantee that the price for a given product will be the same the next time you visit the Website.
LIMITATION OF SALES
We reserve the right, but are not obligated, to limit the sales of Our products 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 quantity of any products that We offer. We reserve the right to discontinue any product at any time. Any offer for any product made on this Website is void where prohibited.
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 restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You may create an account on the Website. If you create an account, you agree to maintain the confidentiality of user names, passwords, security questions and answers, or other account identifiers which you choose, and for all activities that occur under such account identifiers. You agree to promptly notify Heavenly Family of: (i) any loss of your user name, password, security questions and answers, and/or account identifiers, and (ii) any unauthorized use of your user name, password, security questions and answers, and/or account identifiers. Heavenly Family will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms.
You agree to provide complete and accurate billing information for all purchases you make on the Website. You agree to promptly update your billing information, including your physical address, email address, and credit card numbers and expiration dates, so that We can complete your transactions, deliver the products to the appropriate location, and contact you as needed.
The Website may contain links to other websites that are not under Our control. We have no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the Website and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information. The use of third party websites is entirely at your own risk. You agree that Heavenly Family is not responsible for any information or additional links found at such site or location, or for your use of such information.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
The Website may allow you to access user reviews or other user-generated content (collectively, “User Areas”) and may also allow you to submit photos, images, artwork, graphics, sounds, music, designs, video, audiovisual materials, product reviews, comments, questions, feedback, ideas, suggestions, or other information or content (“User Contributions”). User Contributions do not reflect the views of Heavenly Family. You are solely responsible for your use of User Areas on the Website and for any User Contributions that you post, both of which are done at your own risk. Heavenly Family takes no responsibility and assumes no liability for any User Contributions posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. In addition, although Heavenly Family has no obligation to monitor or screen User Contributions posted in any User Area, Heavenly Family may edit or remove any User Contribution at any time for any reason without notice and without recourse.
By posting User Contributions, you grant Heavenly Family a non-exclusive, royalty-free, irrevocable, worldwide, perpetual right and license to use, reproduce, modify, adapt, translate, publish, display, perform, distribute and otherwise exploit or use in Our discretion such User Contributions in any manner or in any media now or later developed, including the right to change, create derivative works, sublicense, assign, and/or commercialize. We may use your User Contributions for marketing purposes, including without limitation in catalogs, email and other customer communications, store materials, and other marketing including on social media. We may display advertisements in connection with your User Contributions or on pages where your User Contributions may be viewed by you or others, and We may use your User Contributions to advertise and promote Heavenly Family on the Website. You waive all rights in and to your User Contributions in favor of Heavenly Family, its successors, assigns, and licensees. We are and shall be under no obligation to maintain any User Contributions in confidence, to pay any compensation for any User Contributions, or to respond to any User Contributions.
You represent and warrant that: (1) you own all rights to your User Contributions or, if you don’t own all rights, then at least have the right to give Heavenly Family the rights described above; (2) you have paid and will pay in full any fees or other payments that may be related to the use of your User Contributions; and (3) your User Contributions do not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
You agree that your User Contributions and use of User Areas will comply with all applicable laws, and will not (a) contain any material which is defamatory of any person, libelous, obscene, pornographic, offensive, hateful, scandalous, hateful, threatening, or inflammatory; (b) promote or contain sexually-explicit material; (c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) advocate, promote or assist any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights of any other person; (e) contain malware, viruses, corrupted data, or other harmful, disruptive, or destructive files; (f) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (g) be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience, or needless anxiety or be likely to harass, upset, embarrass, alarm, or annoy any other person, all as determined in Our sole discretion; (h) be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity or affiliation with any person; (i) give the impression that it emanates from Us, if this is not the case; and/or (j) contain anything that, in the sole determination of Heavenly Family, is objectionable or inhibits any other person from using or enjoying the Site, or which may expose Heavenly Family or its users to any harm or liability of any kind.
Failure to comply with these contribution guidelines (“Contribution Guidelines”), as determined in Heavenly Family’s sole discretion, constitutes a breach of these Terms. If you breach these Contribution Guidelines, We may take such action as We deem appropriate, including but not limited to: (i) terminating your right to use the Website; (ii) removing any of your User Contributions; (iii) taking legal action against you, in which case you agree that We may recover reasonable costs and attorneys’ fees; and/or (iv) disclosing relevant information to law enforcement authorities.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit malware, viruses, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SITE, ALL CONTENT OF THE SITE AND ALL SERVICES OFFERED IN CONNECTION WITH THE SITE ARE PROVIDED ON AN AS-IS BASIS AND AS AVAILABLE WITH ALL FAULTS BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEAVENLY FAMILY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION THEREWITH, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, HEAVENLY FAMILY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE, OR THE OPERATION OR FUNCTION OF THE WEBSITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH: WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH HEAVENLY FAMILY ENDEAVORS TO PROVIDE CURRENT, ACCURATE, AND RELIABLE INFORMATION ON THE WEBSITE, IT DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, OR ANY USE OF INFORMATION ON THE WEBSITE.
As an express condition of your use of the Website, you agree to defend, indemnify, and hold harmless Heavenly Family, its subsidiaries and affiliates, and each of their respective officers, directors, employees, independent contractors, service providers, consultants, members, agents, agencies, third party partners, and advisors (individually and together, the “Indemnified Parties”), from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store, or otherwise transmit on or through the Website (including, without limitation, any User Contributions) or your use of or inability to use the Website, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to any User Contributions, your conduct, your violation of these Terms or any other Heavenly Family terms, policies, or agreements available on or through the Website, or out of your violation of the rights of any third party.
If any provision of these Terms is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions.
These Terms are effective unless and until terminated by either you or Us. You may terminate these Terms at any time by notifying us in writing that you no longer wish to use Our Website, or when you cease using Our Website. If in Our sole judgment you fail, or We suspect that you have failed, to comply with any term or provision of these Terms, We also 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 accordingly may deny or block your future access to Our Website (or any part thereof).
The failure of Heavenly Family to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
GOVERNING LAW AND FORUM SELECTION
The Website is controlled and operated by Heavenly Family from its offices in West Roxbury, Massachusetts. These Terms shall be governed by and interpreted in accordance with the Commonwealth of Massachusetts, without giving effect to its conflict of law principles. Any dispute shall be filed in the courts of the Commonwealth of Massachusetts.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page.
We reserve the right, at Our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to Our Website. It is your responsibility to check Our Website periodically for changes. Your continued use of or access to Our Website following the posting of any changes to these Terms constitutes your acceptance of and consent to those changes.