Last updated December 1, 2009
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from Share the Son, LLC (dba, Heaven is Better.) named on the invoice and represented in this document as (“HEAVEN IS BETTER”) that will be provided to you ("Customer") on orders for products sold in the United States and the use of the Heaven is Better website. By accepting delivery of the products described on that invoice and by using the Heaven is Better website, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, at the sole discretion of HEAVEN IS BETTER.
1. OTHER DOCUMENTS / ALTERATIONS. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and HEAVEN IS BETTER.
2. PRODUCT TRANSACTIONS.
a. Order Changes or Cancellation. 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 we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail address given at the order was made
c. PAYMENT TERMS. Payment Terms. Terms of payment are within HEAVEN IS BETTER sole discretion, and unless otherwise agreed payment must be received by HEAVEN IS BETTER prior to acceptance of an order. Payment for the products will be made by credit card or some other prearranged payment method. Orders are not binding upon HEAVEN IS BETTER until accepted by same.
d. SHIPPING CHARGES; Shipping Charges; TAXESTaxes. Separate charges for shipping and handling will be shown on HEAVEN IS BETTER invoice(s). Unless Customer provides HEAVEN IS BETTER with a valid and correct tax exemption certificate applicable to the product ship-to location prior to HEAVEN IS BETTER’S acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order.
e. Title; Risk of Loss. Title to products passes from HEAVEN IS BETTER to Customer on shipment from HEAVEN IS BETTER’S facility. Loss or damage that occurs during shipping by a carrier selected by HEAVEN IS BETTER is HEAVEN IS BETTER’S responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
f. Not for resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale, unless agreed upon by specific terms set forth by HEAVEN IS ETTER.
3. TITLE; RISK OF LOSS. Title to products passes from HEAVEN IS BETTER to Customer on shipment from HEAVEN IS BETTER’S facility. Loss or damage that occurs during shipping by a carrier selected by HEAVEN IS BETTER is HEAVEN IS BETTER’S responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
4. REGISTRATION AND PASSWORDS. You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
5. YOUR CONDUCT. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video, downloads, software, ebooks, podcasts or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not: (a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law; (b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; (c) collect or harvest any data about other users; (d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent; (e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
6. DISCLAIMER. The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. HEAVEN IS BETTER expressly disclaims any duty to update or revise the materials on the Site, although HEAVEN IS BETTER may modify the materials at any time without notice. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. HEAVEN IS BETTER shall not be liable for any damages of any kind related to your use of the Site.
7. LINKS TO OTHER WEB SITES/SERVICES. The Site may contain links to other Web sites that are not under the control of HEAVEN IS BETTER consequently they have no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site’s users.
8. PRODUCTS: SITE CHANGES. HEAVEN IS BETTER’S policy is one of on-going product update and revision. HEAVEN IS BETTER may revise and discontinue products at any time. HEAVEN IS BETTER reserves the right to limit order quantity at anytime without notice. Prices and promotions are subject to change without notice. We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
9. COLORS; STYLES. We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
10. LIMITATION OF LIABILITY. HEAVEN IS BETTER DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. You agree to defend, indemnify and hold HEAVEN IS BETTER harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
11. DISPUTE RESOLUTION. Because of the high cost of arbitration or litigation, not only in dollars but also in time and energy, both you and HEAVEN IS BETTER agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent HEAVEN IS BETTER, at the current address listed on the customer service section of this Site.(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and HEAVEN IS BETTER agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating arbitration according to the following paragraph.
12. ARBITRATION. Arbitration procedure. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against HEAVEN IS BETTER its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, SHARE THE SON, LLC.) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), HEAVEN IS BETTER’S advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and HEAVEN IS BETTER. The arbitration shall be held in Williamson County, Tennessee at a location designated by HEAVEN IS BETTER, by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
13. GOVERNING LAW. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF WILLIAMSOM COUNTY IN THE STATE OF TENNESSEE, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
14. APPLICABLE LAW; NOT FOR RESALE. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale, unless agreed upon by specific terms set forth by HEAVEN IS ETTER.
15. ACCEPTANCE; TERMINATION. By ordering any product from HEAVEN IS BETTER, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms" contained elsewhere in the HEAVEN IS BETTER terms of use. These terms are effective unless and until terminated by either you or HEAVEN IS BETTER. You may terminate this Agreement at any time. HEAVEN IS BETTER also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.