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TERMS OF SERVICE

OVERVIEW

 

A Terms of Service Agreement is a set of regulations which users must agree to follow in order to use a service. These Terms of Service apply to anyone who visits (the “Visitor”) of the site, including without limitation visitors who are browsers, vendors, customers, merchants, and/ or content contributors. Please read these Terms of Service carefully. If you do not agree to all the terms and conditions of this agreement, do not access the website or use any services.

 

A Privacy Policy is a legal agreement that explains what kinds of personal information online businesses gather from website visitors, how they use this information, and how they keep it safe.

 

 

ACCEPTANCE OF TERMS OF SERVICE

 

This website is operated by Honestly, Edgar. By visiting any part of the Honestly, Edgar website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). The terms “we,” “us,” and “our” are used throughout the website to refer to Honestly, Edgar. 

 

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is the Visitor’s responsibility to check this page periodically for changes. A Visitor’s continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Any new features or tools added to the store shall also be subject to the Terms. 

ELIGIBILITY

 

You represent and warrant that you are at least 18 years of age; or if you are at least 13 years old (and in certain jurisdictions at least 16 years old), that you are using the Services with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Services. If you are under 18 years of age and have not received such permission from your parent or legal guardian, you may not, under any circumstances or for any reason, use the Services. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you and the right to access the Services is revoked where these Terms of Service conflict with any applicable law, rule, or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. Moreso, we do not knowingly collect, maintain, or use Personal Information from children under 13 years of age (and in certain jurisdictions under the age of 16), and no part of the Site is directed to children under the age of 13 (and in certain jurisdictions under the age of 16). If you learn that your child has provided us with Personal Information without your consent, you may alert us at hello@honestlyedgar.com. If we learn that we have collected any Personal Information from children under 13 (and in certain jurisdictions under the age of 16), we will promptly take steps to delete such information and terminate the child’s account.

REGISTRATION OF AN ACCOUNT

 

To sign up for the Services, you must register for an individual account (“Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to mislead or impersonate that person; (ii) use as a username a name subject to any rights of a person or entity other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar, or obscene. You are solely responsible for any activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security, or unauthorized use of your Account. You should never publish, distribute, or post login information for your Account. You have the ability to delete your Account, either directly or through a request made to Honestly, Edgar.

 

CONTENT

The term “Content” includes, without limitation: artwork, products, information, data, text, photographs, illustrations, videos, audio clips, interfaces, products, written posts and comments, software, scripts, graphics, interactive features, and other content generated, provided, or otherwise made accessible on or through the Services. The Content contained in the Services is not intended to provide authority or advice on which reliance should be placed. Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
 

 

RULES OF CONDUCT

You may not:

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

  • Resell products that you purchase through our site

  • Modify, transmit, display, use, reproduce, publish, license or sell any Content without the written permission from Honestly, Edgar

  • Gather, extract, or mine for data from the Honestly, Edgar sites

  • Use any automated means to access the Content or the Honestly, Edgar site

  • Introduce or transmit any worms, Trojans, or other viruses of a destructive nature

  • Attempt to gain unauthorized access to any user accounts or databases connected to Honestly, Edgar, or modify the Honestly, Edgar site in any way

 

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

 

THIRD PARTY SITES

 

Honestly, Edgar may contain links to websites and other resources operated by third parties other than Honestly, Edgar, including social media websites. We do not control these websites, and are not responsible for the content, products, services or information that they provide. Your use of third party websites is governed by the terms and conditions and privacy policies of those third parties.


 

NO PROMISES AND WARRANTY DISCLAIMER AND RELEASE

 

Your use of our website and our Services is at your own risk. Our website is provided on an “as is” basis and offers no promises or guarantees of any kind, either expressed or implied. This includes accurate, reliable, or error-free information; that the website provider or the server are secure and free of viruses or other harmful components; or that the website will otherwise meet your needs or expectations of any kind. Our site could include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the Content of this site at any time without notice, including the prices and descriptions of any products or services. The downloading or other acquisition of any Content from this site is done at your own discretion and risk and with your agreement that you are solely responsible for any damage to your computer system or loss of any data that results from such activities. 

 

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to the Services, or how you may interpret or use the Content. You release us and our officers from all liability arising out of or relating to your having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

 

You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

 

 

ORDERING, PAYMENTS, AND BILLING

 

You may place an order for Paid Services at any time (barring any planned or unplanned downtime of the site). You may review and correct any input information up until you submit your order on the checkout page. An order that is submitted to us constitutes a legal binding offer given by you to us to purchase Paid Services in that specific order at the price and on the terms stated before you placed the order. All orders are subject to acceptance by us. Your order is not considered accepted until we have received full payment of the price prescribed in your order. After your payment has been processed, we may send you an acknowledgement of our receipt of your order to the email address provided by you so that you may keep the information for your records. Our products and services, including, without limitation, our Paid Services, are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported, or used for any other commercial purpose. The rights you have under these Terms of Service are personal to you and are non-transferable. Please note that we cannot offer refunds, exchanges, or customer service for products that have been acquired from an unauthorized reseller, including, but not limited to: any seller on Amazon, eBay, or similar online marketplaces. Because our products are made to order, we cannot offer refunds for buyer’s remorse. However, if a product that you received has a misprint, contact us and we will help to resolve the issue. 

 

We use Square, a third-party payment processor (the “Payment Processor”), to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for the Paid Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Service. By choosing to use Paid Services, you authorize us, through the Payment Processor, to charge your chosen mode of payment (“Payment Method”). You agree to make full payment using that Payment Method, and we reserve the right to correct any errors that the Payment Processor makes even after payment has been received. Generally, we will charge your card for an item when we ship the item to you or confirm its availability. However, we may preauthorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. 

 

GOVERNING LAW AND JURISDICTION

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, including its conflicts of law rules, and the laws of the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of Harris County, Texas.

 

 

NO WAIVER

 

Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

 

ENTIRE AGREEMENT

 

These Terms, along with the Privacy Policy, constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may not be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

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