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Terms of Use

TERMS OF USE
Welcome to the HeirloomFinds website.This website, located at www.HeirloomFinds.com (the “Site”), is provided by Heirloom Finds Inc. (HeirloomFinds "we," "our," or "us") to the person accessing this Site ("you," "your").

1. You Agree to These Terms by Using This Site
Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. HeirloomFInds may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You cannot modify these Terms of Use. These Terms of Use only can be modified in a writing signed by HeirloomFinds. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must stop your use and exit the site immediately.

2. Permitted Use of the Site; Termination
You may use the Site only for your own noncommercial personal use and in compliance with these Terms and our Privacy Policy (the "Privacy Policy") (available through the Privacy link on the main page). You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site.

You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.

You agree that HeirloomFinds may, without cause or prior notice, and without liability to you or any third party, immediately terminate your HeirloomFinds membership, any promotion, accumulated reward or virtual currency associated with your membership and/or email address, access to your membership page, access/participation in any special marketing groups, access to our blog, access to or participation in any promotions or contests, or access to any of our social networking pages, in accordance with the these Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your membership may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies HeirloomFinds may have at law or in equity.

Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Site, and/or (i) no cause at all.

Termination of your HeirloomFinds membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in HeirloomFinds’ sole discretion and that HeirloomFinds shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership.

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at: customerservice@heirloomfinds.com

3. Product Information; Limitations on Quantities
We strive to ensure that the information on the Site is complete and accurate. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.

4. Proprietary Rights
You acknowledge and agree that the content, materials, software and other components (including our graphics, images, product descriptions, logos, videos, button icons and page headers) available on the Site are the property of HeirloomFinds or our licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any content or materials on the Site.

5. Notice; Electronic Communications
When you visit this Site, send emails to HeirloomFinds, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with HeirloomFinds.

We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.

Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

6. Privacy
HeirloomFinds’ Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) you transmit to the Site by electronic mail or otherwise will be used by HeirloomFinds in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. We encourage you to read our Privacy Policy for more details.

7. Disclaimer - Warranty
THIS SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE ARE PROVIDED "AS IS” AND "AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEIRLOOMFINDS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY.

HeirloomFinds does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. HeirloomFinds does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

8. Indemnification
You agree to indemnify, defend, and hold harmless HeirloomFinds, its parent, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, in any way arising from or related to your use of the Site, your violation of these Terms of Use or the Privacy Policy or your violation of any law or the rights of a third party.

9. Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER HEIRLOOMFINDS, ITS PARENT, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF HEIRLOOMFINDS, ITS PARENT, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO HERLOOMFINDS IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

10. Third-Party Links
In an attempt to provide increased value to our visitors, HeirloomFinds may link to sites operated by third parties. However, even if the third party is affiliated with HeirloomFinds, HeirloomFinds has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of HeirloomFinds. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, HeirloomFinds specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

HeirloomFinds does not endorse the content, or any products or services available, on such sites. Nonetheless, HeirloomFinds seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Any feedback you provide shall be non confidential and non proprietary.

11. Copyright Complaints
If you believe that your copyright or other rights have been infringed, please provide the following information to our Designated Agent who can be reached at the following address:

Copyright Agent
Heirloom Finds Inc
2910 Grand Central Avenue
Vienna, WV 26105

To be effective, the notification must be in writing Or and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
(ii) a description of the copyrighted work or other work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the HeirloomFinds website;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.

12. International Use
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

13. Law and Jurisdiction
These Terms of Use and your use of the Site are governed by the laws of the State of West Virginia, USA, without regard to its choice of law provisions. The courts of general jurisdiction located in Wood County, West Virginia, USA will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

 Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

14. Assignment
HeirloomFinds may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

15. General
Unless otherwise specified herein, these Terms, together with the Privacy Policy, constitute the entire agreement between you and HeirloomFinds with respect to the Site. HeirloomFinds may deny you access to the Site at any time, immediately and without notice, if in HeirloomFinds’ sole discretion you fail to comply with any provision of these Terms. If any part of these Terms is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any waiver of any breach by you or others of these Terms, or of any provision hereof, will only be effective if in writing and signed by HeirloomFinds.

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please refer to our Contact Us page.

16. Questions and feedback
We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to customerservice@heirloomfinds.com

Last update April 15, 2015

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