BY VISITING HEARTENMADE.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refer to HEARTEN MADE. The term the “Site” refers to HEARTENMADE.COM. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
Use of HEARTENMADE.COM, including all materials presented herein and all online services provided by HEARTEN MADE, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to WordPress Design & Development and other information are subject to change. Hearten Made makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Hearten Made disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
CANCELLATIONS, REFUNDS & RETURNS
Due to the digital nature of all purchases, we do not offer refunds. Digital files cannot be returned.
WordPress.com does not allow any third-party or custom themes to be uploaded. Therefore, Hearten Made themes cannot be used on WordPress.com and require a self-hosted WordPress.org site. This is noted on every theme listing page, in our FAQ, and several other areas around our site. Refunds are not available for purchasers whose sites are on WordPress.com. If you’d like to switch from WordPress.com to self-hosted WordPress.org, click here to learn how.
WordPress.com Business Plan: This new plan comes with the ability to upload themes. However, we cannot offer customizations to themes installed on the WordPress.com Business Plan. WordPress.com does not provide access to backend files, which makes it impossible to make theme customizations and troubleshoot. When installing a theme on WordPress.com, please do so at your own risk and understand that theme support is limited.
Our support team is here to help answer questions pertaining to any Hearten Made themes and theme setup and installation.
Any further customizations or code changes to themes is not covered under our provided support.
Support is not always provided for customers who remove the Hearten Made site credit from the footer.
Support is NOT provided for 3rd party plugins that were not recommended for the theme you purchased.
We do not provide support for setting up a WooCommerce shop.
We do not provide support on how to use email marketing services.
You may remove the Hearten Made footer credit link from your theme footer. This is allowed. However, theme support is not offered for sites on which the credit link has been removed. Please remove the Hearten Made credit link at your own risk.
MAKING CODE CHANGES TO A HEARTEN MADE THEME
You may make code changes to any Hearten Made theme you purchased. However, theme support is not offered for sites where the theme’s code has been altered in any way. This includes, but is not limited to, any CSS, HTML, PHP, JS code changes.
COPYRIGHT & LICENSURE
I. Permission is granted for purchaser to download and use the purchased materials on Hearten Made for personal use. This is the grant of a limited license, not the transference of copyright, a title, or any intellectual property, and under this license you may not:
- Resell, redistribute, gift, share, or transfer the materials or products to another person or entity;
- Attempt to decompile or reverse engineer any software contained on the Hearten Made website;
- Claim, suggest, or otherwise imply that any HTML/CSS code, graphic images, Photoshop templates, or intellectual property that you purchased or downloaded from Hearten Made is work of your own creation, whether it is in an altered state or not.
All Hearten Made WordPress Themes are guaranteed to function on a clean installation of WordPress.
If you modify the theme files, we cannot guarantee the theme will work as expected and we are not responsible for errors resulting from such changes.
We cannot guarantee the theme with work with all third party components, plugins, or browsers.
In order to use the Service and download your theme, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Hearten Made will always be accurate, correct, and up to date.
You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. After purchase, you will be redirected to the Order Received page with your download link (if applicable). In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Hearten Made. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Hearten Made remains yours to the extent that you have any legal claims therein. You agree to hold Hearten Made harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Hearten Made, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, HEARTEN MADE IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF HEARTEN MADE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL HEARTEN MADE’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM HEARTEN MADE, AND IF NO PURCHASE HAS BEEN MADE BY YOU HEARTEN MADE’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Hearten Made. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Hearten Made pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Hearten Made shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Hearten Made.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Ohio as applied to contracts that are executed and performed entirely in Ohio. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be the city of Columbus, OH. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution3 or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Last Updated: Sep 15th, 2020