Welcome to www.heavenlyham.com. These Terms of Use apply to all websites operated by Heavenly Ham Franchise Co. (“Us,”, “Our” “We”, or the “Company.”), and constitute a legal agreement between you and Us. For purposes of this agreement the term “Website” refers to this site regardless of whether you accessed it directly through heavenlyham.com or through some other Web address.
IMPORTANT! PLEASE READ CAREFULLY. These Terms of Use constitute a legal agreement between you and Us governing your use of this website (the “Website”). YOUR AFFIRMATIVE ACT OF USING THE WEBSITE SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS AS WELL AS (i) THE HEAVENLY HAM PRIVACY POLICY AND (ii) ANY SUPPLEMENTAL TERMS OF THE APPLICABLE WEBSITE, ALL OF WHICH ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS OF USE.
IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE!
B. Changes to the Terms of Use
We may change these Terms of Use at any time. You are responsible for checking the Terms of Use from time to time. Your continued use of this Website signifies your acceptance of the most recent Terms of Use then in effect.
C. Electronic Communications
When you visit our Website or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all notices, disclosures, and other communications that we make electronically satisfy any legal requirement that such communications be in writing. If you want to withdraw this consent, you must stop using this Website.
D. Changes To This Website/Right To Terminate/Sale of Company
We may change or discontinue this Website or any feature on it at any time with or without notice. We may, in our sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Websites for any or no reason, including, without limitation, breach of these Terms of Use or the infringement of copyrights owned by third parties.
In the event that the Company is sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume the obligations as to these Terms of Use and associated Privacy Policy.
E. Access and Availability of Services and Links
This Website may contain links to other World Wide Web Internet sites. Interactions that occur between you and other websites are strictly between you and such third-party websites are not the responsibility of the Company. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party website, and we encourage you to read those third party website’s applicable Terms and Conditions and Privacy Policies.
F. Entire Agreement
These Terms of Use are the entire agreement between you and Us for your use of the Website. The Company’s failure to enforce any term shall not waive it. Any term found invalid or unenforceable by a court shall not affect the validity and enforceability of other terms.
G. Indemnification
To the extent that you violate any of these Terms of Use, you agree to indemnify and hold harmless the Company as to the civil and/or criminal consequences of your actions, including costs and attorney fees where relevant.
H. Choice Of Law; Arbitration
These terms of use shall be governed by the law of the State of Georgia, and subject to binding arbitration by a three-person panel, under the rules of the American Arbitration Association, which shall have exclusive jurisdiction over all claims between you and Us relating to or arising out of your use of this Website. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. However, nothing in this mandatory arbitration clause shall limit a party from seeking any equitable relief from a court of proper jurisdiction in Georgia.
II. YOUR RESPONSIBILITIES
A. Access To This Website Is By License Only
The Company grants to you a limited license to access the Website for personal use and enjoyment. Unless otherwise stated, all materials published on the Website (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by the Company. See Section IV, “Intellectual Property” below.
Except as indicated on the Website, this license does not permit you to copy, modify, or distribute any part of the Website. You may not use data-mining, robots, or any other data-gathering and extraction tools. You may not use webpage frames to enclose any part of the Website. You may not use any metatags or other hidden text that includes Company trademarks or trade name. You may not use the Website for any unlawful purpose.
You agree that any information, feedback, questions, and /or comments (“Submissions”) that you make to us via this Website may be considered non-proprietary and non-confidential. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques, without attribution. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
B. Prohibited Conduct
You may use this Website for lawful purposes only. You may not submit or transmit through the Website any material or engage in any conduct that:
· violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
· is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortiously interferes with another, or contains explicit or graphic descriptions, or accounts of, sexual acts;
· is libelous, obscene, threatening, defamatory, pornographic, profane, sexually explicit, abusive, is otherwise objectionable, or which otherwise violates any law, rule or regulation or the rights of a third party;
· forges e-mail headers or otherwise disguises the origin of any communication;
· victimizes or harasses, degrades, or intimidates any individual or group of individuals;
· impersonates any person, business or entity including Us and our employees or agents;
· contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telephonic (including cable) equipment and/or is likely to harm Ours or a third party’s computer system;
· allows for you or any third party to unlawfully access the computer of a third party or a computer network;
· encourages conduct that constitutes a criminal act or that gives rise to civil liability;
· violates these Terms of Use or any policy posted on this Website or otherwise interferes with the rights of others.
· You further agree that you will not post or transmit any photograph of another person without that person’s consent.
· You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party’s use and enjoyment of the Website.
· You may not attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process. We may take any legal and technical remedies to prevent the violation of this provision and to otherwise enforce these Terms of Use.
C. Information Provided On The Website
The Website provides information about Company products and services, news, recipes, nutritional information, and other content. Please note that despite our efforts to keep this information current and accurate, we do not warrant that all content is current, complete or accurate and reserve the right to reject any request or order based on inaccurate or out of date information. If you have questions about any particular information, please contact us for further details.
D. Privacy Policy
Please read our Privacy Policy, incorporated here by reference, which also governs your visit to our Website.
E. Children
The Company encourages parents and guardians to monitor and participate in their children's online activities. No information should be submitted to this site by users under 13 years of age, and users under 13 years old are not allowed to register for newsletters, clubs or activities. Users under 18 years of age are not allowed to make purchases or participate in contests. Where appropriate, the Company may ask you to indicate your age to verify compliance with these policies.
III. ORDERING ONLINE
A. The Online Store
The Website offers you the opportunity to buy Company products and services.
We take reasonable precautions in order to ensure the safety and security of our customer’s online transactions. Credit-card numbers that you enter on our billing webpage are stored in encrypted form and then transmitted through SSL (Secure Sockets Layer) technology. SSL is the industry standard for securing Web-messaging transactions.
B. Terms and Conditions
By placing an order, you certify that you are able to pay for the item(s) in your order. By placing an order you agree to be bound by the conditions of sale included in the item's description. You are responsible for the accuracy of any purchase placed.
We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical.
We reserve the right to limit quantities of items sold. Unless otherwise stated, all prices are quoted in U.S. Dollars. In addition to the shipping and handling charges we add at the time of checkout, you are solely responsible for any and all duties, taxes, tariffs and/or levies, which may be incurred in connection with the shipment of your ordered item(s), regardless of when such additional charges are assessed.
We attempt to describe all of the products as accurately as possible. However, the Company does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current or error-free. If a product offered is not as described, your sole remedy is to return it in unused condition.
No contract will exist between you and Us for products until we accept your order by a confirmatory e-mail or other appropriate means of communication. All prices are stated in U.S. dollars and are valid unless mistakenly posted or until altered by Us. Prices do not include delivery charges or any import or export duties that may be added by the applicable jurisdiction. Shipping charges will be added to your order during the check-out process. If you order products and the published price was incorrect, we will contact you with the correct price and ask whether you still wish to order at the correct price. Any dates specified for delivery of any products are only an estimate.
C. Return Policy
Returns are subject to each store's individual return policy.
IV. INTELLECTUAL PROPERTY
A. Copyright
Unless otherwise stated, all content on this Website, such as text, images, logos, button icons, audio clips, data compilations, and software, is the property of the Company or third parties. These contents are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. The Company grants to you a limited license to copy its content for your personal use, for example by downloading, printing, or saving to your individual storage medium. You must not remove or alter any proprietary notice included in the content.
This limited license does not apply to any copyrighted materials on this Website that are owned by third parties. You are solely responsible for determining whether and under what conditions you may download, print, or otherwise use the copyrighted material of third parties.
B. Trademarks
The Company trademarks, trade name, and trade dress may not be used in connection with any non-Company product or service, in any manner likely to cause confusion for customers, or to blur or tarnish the distinctiveness of our trademarks, or in any manner that disparages the Company. Trademarks not owned by The Company that appear on this Website are the property of their respective owners, who may or may not be affiliated with or sponsored by Us.
V. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT THE CONTENT OF THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF THIS WEBSITE IS RELIABLE OR ERROR-FREE, OR THAT TRANSMISSIONS FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. THE COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES.
SOME STATE LAWS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. THOSE LAWS MAY GIVE YOU ADDITIONAL RIGHTS UNDER THE DISCLAIMERS ABOVE.
VI. CONTACTING US
If you have questions or comments about these Terms of Use, please contact:
Attn: Robin Bayless
Heavenly Ham Franchise Co.
5445 Triangle Pkwy., Ste. 400
Norcross, GA 30092
