Effective as of March 19, 2021
Your access to and use of the Sites is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site (collectively, "Users"). By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the Terms, then you should discontinue access or use of the Site.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND A FORETASTE OF HEAVEN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
This is a contract between you and A FORETASTE OF HEAVEN. You must read and agree to these Terms before using our Site. If you do not agree to these Terms, you may not use our Site. You may use our Site only if you can form a binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Site by anyone under thirteen (13) years of age is strictly prohibited and in violation of these Terms. If you are under eighteen (18) years of age, you may use the Site only with involvement a parent or legal guardian and their consent and agreement to these Terms. If you are under 18, you represent that you have your parent or guardian’s permission to use the Site and that your parent or guardian is agreeing to these Terms. If you are a parent or legal guardian of a User under the age of 18, by allowing your child to use the Site, you are subject to the terms of these Terms, and responsible for your child’s activity on the Site. Our Site is not available to any Users we previously removed from our Site.
- ACCESS AND USE
Subject to your compliance with the terms and conditions of these Terms, you may access and use our Site solely for your personal, non-commercial use. We reserve all rights not expressly granted by these Terms in and to our Site and our Intellectual Property (defined below). We may suspend or terminate your access to our Site at any time for any reason or no reason.
You will not, and you will not assist, permit or enable others to, do any of the following:
- 3.1 use our Site for any purpose other than as expressly set forth in the “Access and Use” section above;
- 3.2 disassemble, reverse engineer, decode or decompile any part of our Site;
- 3.3 use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record the Site;
- 3.4 copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of our Site or any of our Intellectual Property;
- 3.5 remove any copyright notices or proprietary legends from our Site;
- 3.6 use our Site in a manner that impacts: (i) the stability of our servers; (ii) the operation or performance of our Site or any other User’s use of our Site; or (iii) the behavior of other applications using our Site;
- 3.7 use our Site in any manner or for any purpose that violates any applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in our sole discretion) to us, our providers, our suppliers or Users;
- 3.8 use our Site in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage;
- 3.9 use our Site for benchmarking or competitive analysis of our Site;
- 3.10 attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running our Site;
- 3.11 transmit viruses, worms, or other software agents through our Site;
- 3.12 impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use our Site for any invasive or fraudulent purpose;
- 3.13 share passwords or authentication credentials for our Site;
- 3.14 bypass the measures we may use to prevent or restrict access to our Site or enforce limitations on use of our Site or the content therein, including without limitation features that prevent or restrict use or copying of any content;
- 3.15 identify us or display any portion of our Site on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights; or
- 3.16 identify or refer to us or our Site in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of our Site under these Terms, without our express written consent.
- USER DATA
For the purposes of these Terms, "Intellectual Property" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- OUR PROPRIETARY RIGHTS
Except for your User Content, you understand and accept that our Site and all materials therein or transferred thereby, including, without limitation, all information, data, text, software, music, sound, photographs, graphics, logos, patents, trademarks, service marks, copyrights, audio, video, message or other material appearing on this Site, including User Content belonging to other Users (collectively, “A FORETASTE OF HEAVEN Content”),and all Intellectual Property rights related thereto, are the exclusive property of A FORETASTE OF HEAVEN and its licensors (including other Users who post User Content to our Site).You are expressly prohibited from using any A FORETASTE OF HEAVEN Content without the express written consent of A FORETASTE OF HEAVEN or its licensors. Except as otherwise stated in these Terms, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of A FORETASTE OF HEAVEN, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without A FORETASTE OF HEAVEN's express written permission, 'mirror' any material contained on this Site or any other server. Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.
- SERVICE LOCATION; RESTRICTIONS
Our Site is controlled and operated from facilities in the United States. We make no representations that our Site is available for use in other locations. Those who access or use our Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use our Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
- ADDITIONAL TERMS FOR MOBILE APPLICATIONS
- 8.1 Mobile Applications We may make available software to access our Site via a compatible mobile device (“Mobile Applications”). You may incur mobile data charges from your wireless provider in connection with the Mobile Applications, and you agree that you are solely responsible for any such charges. We grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for your User Account on one or more mobile devices owned or leased solely by you, solely in accordance with this Agreement. You acknowledge that we may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof. We or our third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void.
- 8.2 App Store Terms If you acquire any Mobile Applications from any third-party app store: (i) you acknowledge that these Terms are between you and us only, and not with such third party; (ii) your use of such Mobile Applications must comply with such third party’s then-current app store terms and conditions; (iii) such third party is only a provider of the app store where you obtained such Mobile Applications; (iv) we, and not such third party, are solely responsible for our Mobile Applications; (v) such third-party has no obligation or liability to you with respect to such Mobile Applications or these Terms; and (vi) you acknowledge and agree that such third-party is a third-party beneficiary to these Terms as they relate to such Mobile Applications.
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our commercially reasonable security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- A FORETASTE OF HEAVEN'S COMMUNICATIONS TO YOU
You agree that A FORETASTE OF HEAVEN may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of A FORETASTE OF HEAVEN's products or services, or for such other purpose(s) as A FORETASTE OF HEAVEN deems appropriate.
- PROMOTIONS AND CONTESTS
Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that A FORETASTE OF HEAVEN may use your information for marketing and promotional purposes.
- PRODUCT INFORMATION
Most A FORETASTE OF HEAVEN products displayed at the Site are available in select A FORETASTE OF HEAVEN stores while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in A FORETASTE OF HEAVEN stores. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
- LINKS TO OTHER WEB SITES AND SERVICES
- WARRANTIES; DISCLAIMER
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM A FORETASTE OF HEAVEN OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, A FORETASTE OF HEAVEN, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF OUR SERVICE. WE ATTEMPT TO ENSURE THAT INFORMATION PROVIDED ON OR IN CONNECTION WITH THE SERVICE COMPLETE, ACCURATE AND CURRENT. DESPITE OUR EFFORTS, SUCH INFORMATION MAY OCCASIONALLY BE INACCURATE, INCOMPLETE OR OUT OF DATE. ACCORDINGLY, WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENTNESS OF SUCH INFORMATION, INCLUDING ALL DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS AND SERVICES DESCRIBED OR DEPICTED ON THE SERVICE. SUCH INFORMATION IS ALSO SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
FURTHER, A FORETASTE OF HEAVEN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND A FORETASTE OF HEAVEN WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- INACCURACY DISCLAIMER
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Price and availability information contained on this site is subject to change without notice. A FORETASTE OF HEAVEN shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site. All materials and information presented by A FORETASTE OF HEAVEN on the Site are intended to be used for informational purposes only.
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL A FORETASTE OF HEAVEN OR ITS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM A FORETASTE OF HEAVEN), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO A FORETASTE OF HEAVEN'S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES; (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; AND/OR (E) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT SHALL A FORETASTE OF HEAVEN, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF A FORETASTE OF HEAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- CHANGE IN TERMS
- ENTIRE AGREEMENT/SEVERABILITY.
These Terms, together with any amendments and any additional agreements you may enter into with us in connection with our Site, shall constitute the entire agreement between you and us concerning our Site. Please NOTE: THESE TERMS AND ENTIRE AGREEMENT MAY BE AMMENDED BY AFORETATE OF HEAVEN AT ANY TIME WITHOUT PRIOR NOTICE.
Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us or your use of our Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
- NO WAIVER
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and A FORETASTE OF HEAVEN’S failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
REFINED DESIGN is a registered trademark, service mark, and/or trade name of A FORETASTE OF HEAVEN, LLC. All other trademarks, service marks, and trade names contained in the Site are the properties of the respective owners. A FORETASTE OF HEAVEN disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorization of A FORETASTE OF HEAVEN, LLC, except as necessary to accurately identify the products or services of A FORETASTE OF HEAVEN.
- CALIFORNIA RESIDENTS
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
- CONTACT US
You may reach us at: firstname.lastname@example.org