Heidi and Frank d/b/a heidiandfrank.com owns and operates this website (hereafter, the "Site," which shall also include any other websites owned or operated by heidiandfrank.com, services related to such operation, or any communications related to heidiandfrank.com). All references hereafter to heidiandfrank.com shall include Heidi and Frank, and, where appropriate, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Heidi and Frank.
By using the Site, you, the user of the Site ("you" or "user"), agree to the terms, conditions, notices and guidelines contained in this Terms and Conditions of Use Agreement (the "Agreement") and all modifications hereto. Heidi and Frank reserves the right, at its discretion, at any time, to change or modify the terms and conditions of this Agreement applicable to you, or any part thereof and to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately. Each time you use the Site the terms and conditions set forth in this Agreement shall apply to such use. These Terms and Conditions are supplemented by the provisions of The Plain Language Guide to the heidiandfrank.com Message Boards, the provisions of which are expressly incorporated herein.
Users of the Site should periodically check for changes to this Agreement. Your continued use of the Site following the posting of changes to this Agreement on the Site, or by other means by which you obtain notice thereof means you accept those changes.
Please e-mail any questions regarding this Agreement using the "Contact Us" section of the Site. You may have this same information sent to you by e-mail by sending a letter to firstname.lastname@example.org.
IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE THE PRODUCTS OR SERVICES PROVIDED BY THE SITE.
IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
HEIDIANDFRANK.COM RESERVES THE RIGHT TO REFUSE OR REVOKE SERVICE TO YOU OR ANY USER AT ANY TIME.
HEIDIANDFRANK.COM SHALL HAVE THE RIGHT BUT NOT THE OBLIGATION TO MONITOR THE CONTENT OF THE SITE AND USE THEREOF TO DETERMINE COMPLIANCE WITH THIS AGREEMNENT
1. Intellectual Property. The Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Heidi and Frank or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Heidi and Frank and protected by U.S. and international copyright laws. All software used on the Site is the property of Heidi and Frank or commercial software suppliers and is protected by U.S. and international copyright laws.
Subject to the terms and conditions hereof, you may view, copy, download, or print material appearing on the Site ("Site Materials") subject to the following conditions:
The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any Site Material or elements from the Site including, but not limited to, the design or layout of the Site, individual elements of the Site's design, or the Heidi and Frank logo or other "Trademarks" as defined below, without the express written permission of Heidi and Frank, or other owners of the Intellectual Property is strictly prohibited. For purposes of this Agreement, the use of any Site Materials on any other website or networked computer environment is prohibited.
- The Site Materials may only be used for your personal, non-commercial use;
- The Site Materials may not be modified
- All copyright, trademark, and other proprietary notices contained in all such Site Materials may not be altered or deleted and the following notice must appear on each copy of Site Materials: "Copyright © 2023 Heidi and Frank. All rights reserved. Protected by the copyright laws of the United States and international treaties" must appear on each copy of Site Materials.
2. User Submissions. Any messages, suggestions, materials, photos, works of art or authorship, ideas, or concepts that are submitted through the Site by Users ("Submitted Materials") shall become, and remain, the property of Heidi and Frank. You agree that any Submitted Materials, in whole or in part, may be used by Heidi and Frank or any of its affiliates for any purpose including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media, including but not limited to in connection with television and/or radio broadcasts affiliated with heidiandfrank.com. You additionally agree that Heidi and Frank is free to use any ideas, concepts, techniques, or know-how contained in any Submitted Materials you send to or post on or via the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. By submitting such Submitted Materials, you are assigning and transferring any and all right, title and interest in Submitted Materials to heidiandfrank.com, including any moral rights. You represent and warrant that Submitted Materials do not infringe any third-party intellectual property rights. You agree not to transmit any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or profane material, any material submitted without permission under another person's name, or other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. You shall not, without the express written approval of Heidi and Frank submit any materials which contains advertising or any solicitation with respect to products or services, including any on-line information services competitive with Heidi and Frank. Site shall have the right, in its sole discretion to edit or remove any material portion of Submitted Materials, which in its sole discretion, it finds to be in violation of the provisions of this agreement or otherwise objectionable.
DO NOT POST YOUR PERSONALLY IDENTIFIABLE CONTACT INFORMATION IN ANY MESSAGE BOARDS OR OTHER PART OF THE SITE ACCESSIBLE TO USERS, INCLUDING YOUR TELEPHONE NUMBER, HOME, BUSINESS OR EMAIL ADDRESS. ANY POSTING OF SUCH PERSONAL INFORMATION IS EXPRESSLY AT YOUR OWN RISK.
3. Trademarks. The trademarks, logos, and service marks, including but not limited to (collectively, the "Trademarks") displayed on the Site are the trademarks of Heidi and Frank and other parties. All rights reserved. Nothing contained in the Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Heidi and Frank or the third party that owns the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Agreement, is strictly prohibited. Any other trademarks appearing on Heidi and Frank which are not the property of the Site are the property of the respective owners.
4. User Responsibilities. You agree that you will provide true, accurate, current and complete information about yourself as prompted by the registration process and that you will update that information as necessary to maintain its accuracy. You agree that you will conduct yourself in a mature manner that lends itself to civil discourse, and that you shall use Heidi and Frank for lawful purposes only. Further, you agree not to use any facilities or resources available on or through Heidi and Frank to perpetrate prohibited conduct, whether against Heidi and Frank, or any other third party. Examples of prohibited conduct include, but are not limited to chain letters, pornography, unsolicited advertising, postings which are deemed excessive in number or deemed to be initiated to harm the business of Heidi and Frank, or other communication that creates a nuisance or is otherwise offensive to the recipient or the Heidi and Frank audience. If you engage in prohibited conduct and/or if your behavior leads to complaints from other users, is deemed in the discretion of the employees, management or staff of Heidi and Frank to be harassing or objectionable, or you provide any information that is untrue, inaccurate, not current or incomplete, or if Heidi and Frank has reason to believe such information is untrue, inaccurate, not current or incomplete, Heidi and Frank has the right to suspend or terminate your account and refuse you any or all current and future use of any of the Site, or the services Heidi and Frank offers, without any further obligation to you, other than as provided in Section 8 below.
5. Memberships. Payment for the service or products provided to you at and/or through this Site may be made by automatic credit card or check debit and you hereby authorize Heidi and Frank to transact such payments on your behalf.
You may elect to become a Premium Package member of Heidi and Frank ("Premium Package") by purchasing a membership to Heidi and Frank ("Premium Package") membership. You hereby agree that Heidi and Frank may immediately authorize your credit card (or other approved facility) in the amount equal to the then current membership rate ("Premium Package Membership Fee") for each period of Premium Package membership (the "Premium Package Membership Period"). Premium Package Membership Fees are earned upon receipt and are non-refundable whether or not the cancellation is at your request during a Premium Package Membership Period. By making such a purchase you also authorize Heidi and Frank to charge the then prevailing Premium Package Membership Fee amount to your credit card (or other approved facility) again during each subsequent Premium Package Membership Period. If you decide to terminate your Premium Package Membership you must do so by notifying Customer Service AT LEAST one day prior to the end of the then current Premium Package Membership Period. If you do not cancel your Premium Package Membership at least one day prior to the end of the then current Premium Package Membership Period, your Premium Package Membership shall continue until the end of the next Premium Package Membership Period following the receipt of the notice of termination. You will be charged the Premium Package Membership Fee for this final Premium Package Membership Period at the then current Premium Package Membership Fee. If you have a question about a transaction on your credit card statement please use the Customer Service link on Heidi and Frank to contact customer service.
Memberships can be cancelled at any time. To cancel, go to My Account
and click the 'Cancel Premium Package Membership' link. Alternatively, you can cancel your membership by contacting Customer Service by phone at (800) 366-1956 or by email from the Contact Us
As a Premium Package Member of Heidi and Frank you agree that your Premium Package Membership is non-transferable and may not be assigned or transferred to any other person or entity, nor may you provide any other person or entity access to your subscription, either directly or indirectly. You must keep your password strictly confidential. You agree to be personally liable for all charges you incur during or through the use of the Site. Your liability for such charges shall continue after termination of your Premium Package Membership for any reason as provided in Section 8 below.
7. Limits on Liability. You agree that at no time during or after the term of this Agreement shall Heidi and Frank be liable for:
Heidi and Frank may include links to other Internet sites, both related and unrelated to the Site. Additionally, other sites may link to the Site with or without the permission of Heidi and Frank. Descriptions of or references to individuals, companies, products, services or publications not owned by Heidi and Frank on the Site or any linked website do not imply any endorsement of such individuals, companies, products, or publications by Heidi and Frank. Heidi and Frank shall not be liable for any damages or costs arising out of or in any way connected with your use or involvement with any of the individuals, companies, products, services, or publications accessed through the Site.
- The contents of any communication, message, or other information sent by you or third parties to Heidi and Frank, or posted by you or other third parties on any part of the Site;
- The contents of any website not controlled, owned, or operated by Heidi and Frank that is accessed from or linked to any part of the Site;
- Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
- The results of any interpersonal interactions to which you are exposed or in which you become involved through the Site or other Heidi and Frank services, and
- Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use any of the Site or related services, or download any of the software through any of the Site, even if Heidi and Frank has been advised of the possibility of such damages. If you are dissatisfied with any portion of any of the Site, any services or products, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Site; and
- Any termination or suspension of your membership subscription as provided in this Agreement, or any consequence thereof.
8. Termination. In addition and without prejudice to any other legal or equitable remedies available to Heidi and Frank, Heidi and Frank may terminate your right to use the Site and/or any Premium Package Membership at any time and for any reason whatsoever. Subject to the "Survivability" provisions of Section 12 below, you may terminate this Agreement by closing your account with Heidi and Frank, and terminating your Premium Package Membership by paying any and all outstanding balances owed by you to Heidi and Frank under that Premium Package Membership Period incurred prior to the date of such closing by you as provided in Section 5 above, and by ceasing any and all use of the Site. You agree that in the event your Premium Package Membership is terminated by Heidi and Frank, your sole remedy for damages resulting from the termination or otherwise shall be the return to you of the remaining prorated portion of your current Premium Package Membership Fee.
9. Indemnification. You agree to indemnify and hold Heidi and Frank, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Heidi and Frank harmless from all claims, liabilities, losses, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to (a) your use of any parts of the Site, Site Materials or related services or any information posted by you on the Site; (b) your use of any Submitted Materials, products or services offered by third-parties through the Site, including without limitation any damage to any software or hardware as a result of any viruses; (c) your download and/or use of any of the software available for download through any part of the Site; (d) your alleged breach of this Agreement; or (e) the suspension or termination of your Membership as provided in this Agreement.
10. Disclaimer of Warranties. The information, material, services, and products (including the products and services offered through the Site and provided by third parties) included on any part of the Site may include inaccuracies, typographical errors, and other problems.
ALL OF THE SITE MATERIALS, CONTENT, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEIDIANDFRANK.COM DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEIDIANDFRANK.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ITS CONTENT, INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITE, ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEIDIANDFRANK.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE WEBSITE AND ITS CONTENT, INCLUDING THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, NEGILGENCE, OR FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT HEIDIANDFRANK.COM IS NOT LIABLE FOR DEFAMATORY, OFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD-PARTY USERS OF HEIDIANDFRANK.COM OR ANY CLAIM FOR VIOLATION OF PUBLICTY OR PRIVACY RIGHTS.
USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
11. Choice of Law, Jurisdiction and Venue. You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. Any controversy or claim arising out of or relating to your use of the Site (including any claim involving Heidi and Frank or its employees, contractors, officers, directors, telecommunication providers and content providers) shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules conducted in Los Angeles County, California, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You consent to jurisdiction of the state and federal courts of California for enforcement of this arbitration provision.
You further agree that the exclusive resolution of disputes is through individual legal action on your own behalf instead of through any class or representative action. Even if the applicable law provides otherwise, you agree that any action against Heidi and Frank whatsoever shall be litigated by you individually and not as a member of any class or as part of a class or representative action, and you expressly agree to waive any law entitling you to participate in a class action.
Heidi and Frank com makes no representation that content on any part of the Site is appropriate or available for use in other locations. Those who choose to access any part of the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Site may contain references to products or services not available in all countries. Heidi and Frank does not market all of its products or services in all countries. Software from any part of the Site may be subject to U.S. and Canadian export controls.
12. Miscellaneous. This Agreement constitutes the entire agreement between you and Heidi and Frank and its affiliates, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Any modifications to this Agreement but be set forth in writing and acknowledged by an authorized representative of Heidi and Frank. Sections 1, 2, 3, 5, 6, 7, 8, 9 10, 11, and 12 of this Agreement shall survive any termination of Membership or use of the Site. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import. This Agreement may be assigned by Heidi and Frank at any time.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. Equal Opportunity Employer. Heidi and Frank reserves the right to post information about employment opportunities with the company on any part of the Site. Heidi and Frank is an equal opportunity employer, employing people without regard to race, sex, religion, nationality, age or disability.
14. The Site is owned and operated by Heidi and Frank. For further information about Heidi and Frank or the Site, please visit the "Contact Us" section of the Site.
Copyright © Heidi and Frank. All rights reserved.