Disclaimer and Website Terms of Use
By using this website and/or purchasing from this website, you are agreeing to the following binding agreement: “Us” or “We” shall refer to Aspire Her, a Utah limited liability company, its board of directors, employees, officers, agents, parent company, shareholders, managers, members and affiliates.
The information contained in this website is provided by us as a free public service without express or implied warranties of any kind. By your use of this website or your purchase from this website, you expressly agree to all of the following terms and conditions:
We reserve the right to refuse service or to sell goods to any customer. We reserve the right to cancel orders.
- Informational Only. This website is for informational purposes only. We assume no responsibility for what you do with the information contained on this website. We do not endorse or guarantee the safety or service of any venue advertised on this website.
- No Claim of Accuracy or Completeness. We make no promises or warranties regarding the accuracy or completeness of any information contained in this website and/or any pages accessible from this website, nor do we make any promise or warranty to maintain or update this information.
- No Warranties of Suitability for Use. We make no express or implied warranties regarding the accuracy, currency, completeness or suitability for any purpose of any information contained on this website.
- Assumption of Risk of Use. Any person using this website assumes the risk of verifying any materials contained herein, as well as the risk of use and/or reliance on such information. We shall not be liable for any damages for viewing, distributing, copying and/or relying upon these materials, including any indirect, special, incidental or consequential damages, even if advised of the possibility of such damages.
- No Expectation of Privacy. It is expressly understood that there is no reasonable expectation of privacy in your use of this website.
- Links. This website may contain links to other websites. These are provided for your convenience. We have no control over the content of such linked sites, and we make no representations or warranties regarding them and assume no responsibility for their content, nor does inclusion of links to other websites constitute our endorsement of their content.
- Indemnification/Hold Harmless. You agree to indemnify, defend and hold us harmless and our officers, directors, employees, agents, information providers, suppliers, and website designers and maintainers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any use of this website, or as a result of damage or loss suffered by purchasing and using any of the products or services on this website, including, but specifically not limited to any accident or injury that may occur at any venue or on the premises of any business or service provider identified on the website.
- Waiver, Release and Limitation of Liability. You agree that neither us nor our officers, directors, agents, information providers or suppliers or website designers and website maintainers shall have any liability to you under any theory of liability or indemnity in connection with your use of this website or use of any product or service purchased from this website. You hereby release and forever waive any and all claims you may have against us or our officers, directors, agents, information providers or suppliers or website designers and maintainers (including but not limited to claims based upon the negligence, strict liability, infringement, intentional torts, recklessness, or other legal theories, of Us, its officers, directors, agents, information providers or suppliers or website designers and maintainers) for losses or damages you sustain in connection with your use of this website or use of any products or services purchased from this website.
- Arbitration. Any dispute arising from the use of this website or from using products or services purchased from this website, shall be submitted to a mutually selected arbitrator sitting on the AAA commercial arbitration panel. Jurisdiction for any dispute shall be exclusively in Salt Lake City, Utah.
- “As-is” Basis. We are providing this website and its contents on an “as-is” basis and make no representations or warranties of any kind, express or implied, with respect to the operation of this website, the information, content, materials or products, included on this website. To the fullest extent permitted by law, we disclaim all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice.
- Attorney’s Fees. Each party shall bear its own attorneys fees, irrespective of the outcome of that party’s case or result.
- Copyright. The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Us. The collective work includes works that are licensed to Us. No permission is granted to electronically copy or print hard copy portions of this website for any purpose. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by us. Images of people displayed on this website are either the property of, or used with permission by, us. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on this website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- Trademarks. All trademarks, service marks and trade names of Us or used on this website are trademarks or registered trademarks of Us. All trademarks, service marks and trade names of any other business, venue or service provider used on this website are trademarks or registered trademarks of the respective companies.
- Disclaimer. We do not represent or warrant that the functions contained on this website will be uninterrupted or error-free, that the defects will be corrected, or that this website or the server that makes this website available are free of viruses or other harmful components. We do not make any warrantees or representations regarding the use of the materials on this website 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.
- Use of Site. Harassment in any manner or form on this website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including of Us or other licensed employee, host, or representative, as well as other members or visitors on this site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on this website or use this website to solicit others to join or become members of any other commercial online service or other organization.
- Order Cancellation. We reserve the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the order price.
- Term; Termination. These terms and conditions are applicable to you upon your accessing this website and/or completing the registration or shopping process on the website. We may terminate or amend these terms and conditions, or any part of them, without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
- Notices. Any notice required or permitted herein may be delivered to you by means of e-mail, a general notice on this website, or by other reliable method to the address you have provided to us.
- Miscellaneous. Your use of this website shall be governed in all respects by the laws of the state of Utah, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of products or services on this website) shall be in the state or federal courts located in Salt Lake City, Utah. Any cause of action or claim you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises. Failure by us to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions and other provisions herein. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
- Revisions. We may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Please feel free to contact us at info@aspireher.com if you have any questions or concerns and our legal department will respond.