TERMS OF SERVICE

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OVERVIEW

This Website is operated by Anne Jones. Throughout the site, the terms “I”, “me” and “my” refer to Anne Jones. Anne Jones offers this Website, including all information, tools and services available from this site to you, the user, conditioned upon my acceptance of all terms, conditions, policies and notices stated here.

By visiting my site and/or purchasing something from me, you engage in my “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who am browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using this Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these Terms of Service am considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which am added to my site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. I reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to my Website. It is my responsibility to check this page periodically for changes. My continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – SITE CONTENT TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in my state or province of residence, or that you am the age of majority in my state or province of residence and you have given us my consent to allow any of my minor dependents to use this site.

You may not use my products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in my jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of my Services.

SECTION 2 – GENERAL CONDITIONS

I reserve the right to refuse service to anyone for any reason at any time.

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 by us.

The headings used in this agreement am included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

I am not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information 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 timely sources of information. Any reliance on the material on this site is at my own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for my reference only. I reserve the right to modify the contents of this site at any time, but I have no obligation to update any information on my site. You agree that it is my responsibility to monitor changes to my site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for my products am subject to change without notice.

I reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

I shall 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 be available exclusively online through the website. These products or services may have limited quantities and am subject to return or exchange only according to my Return Policy.

I have made every effort to display as accurately as possible the colors and images of products that appear at the store. I cannot guarantee that my computer monitor’s display of any color will be accurate.

I reserve the right, but am not obligated, to limit the sales of my products or Services to any person, geographic region or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any products or services that I offer. All descriptions of products or product pricing am subject to change at any time without notice, at the sole discretion of me. I reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

I do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet my expectations, or that any errors in the Service will be corrected.

SECTION 6 – OPTIONAL TOOLS

I may provide you with access to third-party tools over which I neither monitor nor have any control nor input.

You acknowledge and agree that I provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. I shall have no liability whatsoever arising from or relating to my use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at my own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools am provided by the relevant third-party provider(s).

I may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 7 – THIRD-PARTY LINKS

Certain content, products and services available via my Service may include materials from third parties.

Third-party links on this site may direct you to third-party Websites that am not affiliated with me. I am not responsible for examining or evaluating the content or accuracy and I do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third parties.

I am not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at my request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. I am and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

I may, but have no obligation to, monitor, edit or remove content that I determine in my sole discretion am unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that my comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that my comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. I take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 – PERSONAL INFORMATION

My submission of personal information through the store is governed by my Privacy Policy. To view my Privacy Policy.

SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on my site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. I reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted my order).

I undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.

SECTION 11 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you am 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 my 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 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 Service or of any related Website, other Websites, or the Internet; (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 Service or any related Website, other Websites, or the Internet. I reserve the right to terminate my use of the Service or any related Website for violating any of the prohibited uses.

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

I do not guarantee, represent or warrant that my use of my service will be uninterrupted, timely, secure or error-free.

I do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time I may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that my use of, or inability to use, the service is at my sole risk. The service and all products and services delivered to you through the service am (except as expressly stated by us) provided “as is” and “as available” for my use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Anne Jones, my directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from my use of any of the service or any products procured using the service, or for any other claim related in any way to my use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, my liability shall be limited to the maximum extent permitted by law.

SECTION 13 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Anne Jones and my 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 my breach of these Terms of Service or the documents they incorporate by reference, or my violation of any law or the rights of a third-party.

SECTION 14 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service am effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use my Services, or when you cease using my site.

If in my sole judgment you fail, or I suspect that you have failed, to comply with any term or provision of these Terms of Service, I 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 you access to my Services (or any part thereof).

SECTION 16 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern my use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 – GOVERNING LAW

These Terms of Service and any separate agreements whereby I provide you Services shall be governed by and construed in accordance with the laws of PO BOX 928, Hendersonville, NC, 28793, United States.

SECTION 18 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

I reserve the right, at my sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to my Website. It is my responsibility to check my Website periodically for changes. My continued use of or access to my Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to me at anne@fiftyandfrustrated.com.