Terms of Service
Terms of service
ACCEPTANCE OF TERMS
We may revise the content of these terms and conditions of use at any time. By using this Site after a change, you agree to follow and be bound by all changes. The date of the current version of these terms and conditions of use is shown at the bottom of this page. Please visit this page periodically to familiarize yourself with the current terms and conditions of use. Should you have any questions concerning any of our policies, please contact us.
DESCRIPTION OF SERVICE
The Service and Site is web-based and you may choose to interact with the Site and to interact with other people through the comments section of our blog, create, edit, send, receive, share, and manage communications, purchase goods and services, communicate with our staff, and perform other function, if provided on the Service and Site. You acknowledge and agree that the form and nature of the Site and the Services which We provide may change from time to time without prior notice to You. Unless explicitly stated otherwise, any new feature that augments or enhances the current Site and Service, including the release of new tools and resources, shall be subject to these Terms.
You agree that We may for any reason, in our sole discretion and without liability to You, refuse to accept a transaction and also may cancel a transaction, delist a product and/or cancel the Site or the Service at any time.
You must provide us with true, accurate, current and complete information about Yourself as prompted by the Site’s order form, which may request information such as, but not limited to, valid names, Your address, telephone number, and any e-mail address, and a valid credit card number or other method of payment. You may be permitted to choose a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) ensure that You exit from your account (if any) at the end of each session, and (b) immediately notify us in writing of any unauthorized use of your password or account or any other breach of security. The information you provide may be shared with our third-party payment processors to complete the transaction and improve our business. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
In consideration of use of the Site or the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Site’s order form, and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your use of the Site and the Service and refuse any and all current or future use of the Site and the Service (or any portion thereof).
RIGHT OF REFUSAL
You agree that We, in our sole discretion, and without liability to You, may refuse to accept a request for purchase, or may refuse access to the Site and the Service (or any portion thereof). We also may cancel or terminate your access if you or your account is, as determined by Us in our sole discretion, in association with violations of this agreement, illegal, inappropriate or objectionable activities, including, but not be limited to: infringement of an intellectual property right of another; attempting to reverse engineer our Software; violation of, or activities designed to violate, another’s privacy or right or publicity; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass other users and/or third parties; activities prohibited by the laws of the United States and/or foreign territories in which You or We conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, inappropriate, racist, or otherwise objectionable; and activities designed to harm or use unethically minors or any other person in any way. In the event We refuse a registration, access, or transaction or cancel a transaction due to objectionable activities, We reserve the right to refuse to issue a refund.
You agree that We may, in our sole discretion and without liability to You, remove and discard any content within the Service, including, but not limited to your messages, your blog comments, your orders, etc. If for any reason, including and without limitation, the lack of use, or our unilateral determination that You violated or acted inconsistently with the letter or spirit of the Terms, we may cancel the Service and your access to the Site. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and You acknowledge and agree that We may immediately deactivate or delete your access, as applicable, and all related information and files. We reserve the right to bar any further access to such files or the Service or the Site. You agree that We shall not be liable to You or any third-party for any termination of your access to the Service or the Site.
CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. You, and not Us, are entirely responsible for all Content that You upload, post, transmit or otherwise make available via the Service (“User Content”).
You agree that You will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, inappropriate, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, racist, or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Heather McMahan, MR EATWELL, or Blanchard Creative Group employee or contractor, other user, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) disguise the origin of any Content transmitted through the Service by, for example, forging headers or manipulating identifiers;
(e) upload, post or otherwise transmit any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam." This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from You or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting Your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(k) stalk, bully or otherwise harass another user and/or any third-party;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
(m) offer for sale or sell any item, good or service;
(n) solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) exceed the scope of the Service that You have been authorized; for example, accessing and using the tools that You do not have a right to use, or deleting, adding to, or otherwise changing other people’s comments or content;
(p) make any automated use of the system;
(q) purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use the Heather McMahan name, trademarks and/or variations and misspellings thereof.
If any user is reported to be in violation with the letter or spirit of this Section 6, We retain the right to terminate such account at any time without further warning.
Failure to timely pay for your purchases, including invalid credit card information, expired credit card information, or any credit card that will not accept payment may result in cancelation of your order. Further, You agree that You will provide us with updated credit card or other payment information upon our request so that we can complete your order, if you have a balance due for a good or product that has already been shipped.
You shall be responsible for payment of any taxes, levies, or duties that you owe on your purchases, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your purchases and payments made by You herein.
COPYRIGHT AND INTELLECTUAL PROPERTY
We respect the intellectual property rights of others and We prohibit users from uploading, posting or otherwise transmitting on the Heather McMahan merch website or service any materials that violate another party's intellectual property rights. When We receive proper Notification of Alleged Copyright Infringement as described herein, We promptly remove or disable access to the allegedly infringing material and terminate the access of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.
If You believe that any material on the Site infringes upon any copyright which You own or control, You may send a written notification of such infringement to our designated agent identified below.
If You believe that your own copyrighted work is accessible on the our website or Service in violation of your copyrights, You may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that We can locate the material.
Identify the URL or other specific location on the Site or Service that contains the material that You claim infringes your copyright described in Item 1 above.
Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
Include 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.
Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner's behalf.
Include your name, mailing address, telephone number and email address.
You may send your Notification of Alleged Copyright Infringement to our designated agent by fax, mail, or E-Mail as set forth below:
Copyright Agent - Jaselyn Blanchard
Blanchard Creative Group
438 East Hildebrand Avenue
San Antonio, TX 78212
We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, access to those who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and Service and/or terminate the access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Further, the goods sold on the site may be the subject of one or more pending U.S. and/or international patent applications and as such, the products may be “patent pending.” The Site is also subject to copyright protection. You agree to not use trademarks or any mark which is confusingly similar to our trademarks to provide any goods or services. Further, should you use these trademarks to describe our services, You must use them as shown above or on the Site and properly denote them as trademarks with a “TM” or “” symbol as indicated by Us and indicate that the trademarks are owned by or licensed to Heather McMahan or in the case of third-party trademarks, their respective owners.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. We have no control over and do not monitor such sites and resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to indemnify and hold Blanchard Creative Group, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, any transactions you enter through the Site or the Service, any information you provide to Us or through the Site or the Service, your violation of the Terms, or your violation of any rights of another. You are responsible for your actions when using the Site and the Service, including, but not limited to, costs incurred for Internet access.
You acknowledge and agree that the Service, Site and associated software, including all files and images, contained therein or generated thereby, and accompanying data (together referred to as "Online Resources") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that We or our licensor holds all rights, title and interest in all Online Resources and all intellectual property, including other rights related to intangible property, unless otherwise indicated.
You acknowledge that no title or interest in such intellectual property rights is being transferred to You and You agree to make no claim of interest in any such Online Resources. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to You through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Us or our advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Online Resources, in whole or in part.
No portion of the Online Resources may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the our prior written permission. Provided that You are eligible for use of the Site, You are granted a limited license to access and use the Site and the Online Resources and to download or print a copy of any portion of the Online Resources to which You have properly gained access solely for your personal, non-commercial use, provided that You keep all copyright or other proprietary notices intact. Except for User Content, You may not upload or republish Online Resources on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Online Resources is strictly prohibited. Such license is subject to these Terms and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Online Resources other than as specifically authorized herein, without the prior written permission of us, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING THE SITE AND/OR ANY CONTENT, DATA, INFORMATION, LINKS, SERVICES, FUNCTIONALITY OR ACCESSIBILITY, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, WARRANTEE, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT OR OTHER PROPERTY, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, CONTENT, OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY AND ALL CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, AND (v) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, THE MAXIMUM AMOUNT OF DAMAGES THAT BLANCHARD CREATIVE GROUP SHALL BE LIABLE FOR SHALL NOT EXCEED THE AMOUNT OF PAYMENTS THE USER HAS PAID TO BLANCHARD CREATIVE GROUP, WHICH MAY BE ZERO DOLLARS ($0.00).
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.