Overview

​

By visiting this site and/or making a purchase from me, you are engaging in my “service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including (without limitation) users who are browsers, vendors, customers, merchants, and/ or contributors of content.

​

Please read these Terms of Service carefully before accessing or using this website. By accessing or using any part of this site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

​

Any new features or tools which are added to this site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. I reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to this website. It is your responsibility to check this page periodically for any changes. Your continued use of or access to this site following the posting of any changes constitutes the acceptance of said changes.

​

This site is hosted by Wix. They provide me with the online platform that allows me to sell my products and services to you.

​

Section 1: Online Store Terms

​

By agreeing to these Terms of Service, you verify that you are at least the age of majority in your state or province of residence and you have given me your consent to allow any of your minor dependents to use this site.

​

You may not use my products or services for any illegal or unauthorized purpose nor may you, in the use of my service, violate any laws in your jurisdiction (including but not limited to copyright laws).

​

You must not transmit any worms or viruses or any code of a destructive nature.

​

A breach or violation of any of these Terms will result in an immediate termination of your use of services.

​

Section 2: General Conditions

​

I reserve the right to refuse service to anyone for any reason at any time.

​

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

​

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of my service, use of my services, access to my services, or any contact on the website through which the service is provided without express written permission by myself.

​

Section 3: Accuracy, Completeness, and Timeliness of Information

​

I am not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

​

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. I reserve the right to modify the contents of this site at any time, but I have no obligation to update any information on my site. You agree that it is your responsibility to monitor changes to my site.

​

Section 4: Modifications to Services and Prices

​

Prices, discounts, and/or promotions for my products and/or services are subject to change without notice.

​

I reserve the right at any time to modify or discontinue any service (or any part or content thereof) without notice at any time.

​

I am not to be held liable to you or to any third-party for any modification, price change, suspension or discontinuance of any service.

​

Section 5: Products or Services

​

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange policies.

​

I have made every effort to display as accurately as possible the colors and images of my products that appear at the store. I cannot guarantee that your computer monitor’s display of any color will be accurate.

​

I reserve the right, but am not obligated, to limit the sales of my products or services to any person, geographic region or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any products or services that I offer. All descriptions of products or product pricing are subject to change at anytime without notice, at my sole discretion. I reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

​

I do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in my service will be corrected.

​

Section 6: Accuracy of Billing and Account Information

​

I reserve the right to refuse any order you place with me. I may, at my sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that I make a change to or cancel an order, I may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. I reserve the right to limit or prohibit orders that, in my sole judgment, appear to be placed by dealers, resellers or distributors.

​

You agree to provide current, complete, and accurate purchase and account information for all purchases made at my store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that I can complete your transactions and contact you as needed.

​

Section 7: Optional Tools

​

I may provide you with access to third-party tools over which I neither monitor nor have any control nor input.

You acknowledge and agree that I provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. I shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

​

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

​

I may also offer new services and/or features through the site (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.

​

Section 8: Third-Party Links

​

Certain content, products, and services available through my services may include materials from third-parties.

​

Third-party links on this site may direct you to third-party websites that are not affiliated with myself. I am not responsible for examining or evaluating the content or accuracy and I do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

​

I am not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to that third-party.

​

Section 9: Use Comments, Feedback, and Other Submissions

​

If, at my request, you send certain specific submissions (for example contest entries) or without a request from myself you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to me. You are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

​

I may, but have no obligation to, monitor, edit, or remove content that I determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or to be violating any party’s intellectual property or these Terms of Service.

​

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of my services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead myself or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. I take no responsibility and assume no liability for any comments posted by you or any third-party.

​

Section 10: Personal Information

​

Your submission of personal information through the store is governed by my Privacy Policy. To view my Privacy Policy, please go to https://www.tamaramessner.com/privacy-policy.

​

Section 11: Errors, Inaccuracies, and Omissions

​

Occasionally there may be information on my site or in my services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. I reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in my services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

​

I undertake no obligation to update, amend, or clarify information in my services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in my service or on any related website should be taken to indicate that all information in my service or on any related website has been modified or updated.

​

Section 12: Prohibited Uses

​

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate my intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of my services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. I reserve the right to terminate your use of my services or any related website for violating any of the prohibited uses.

​

Section 13: Disclaimer of Warranties; Limitation of Liability

​

I do not guarantee, represent, or warrant that your use of my services will be uninterrupted, timely, secure, or error-free.

​

I do not warrant that the results that may be obtained from the use of the services will be accurate or reliable.

​

You agree that from time to time I may remove services for indefinite periods of time or cancel services at any time, without notice to you.

​

You expressly agree that your use of, or inability to use, my services is at your sole risk. My services and all products and services delivered to you through my service are (except as expressly stated by me) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

​

In no case shall myself or any service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using my services, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, my liability shall be limited to the maximum extent permitted by law.

​

Section 14: Indemnification

​

You agree to indemnify, defend, and hold harmless myself and my affiliates, partners, or service providers from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

​

Section 15: Severability

​

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

​

Section 16: Termination

​

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

​

These Terms of Service are effective unless and until terminated by either you or myself. You may terminate these Terms of Service at any time by notifying me that you no longer wish to use my services, or when you cease using my site.

​

If in my sole judgment you fail, or I suspect that you have failed, to comply with any term or provision of these Terms of Service, I also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to my services (or any part thereof).

​

Section 17: Entire Agreement

​

The failure of myself to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of said right or provision.

​

These Terms of Service and any policies or operating rules posted by myself on this site or in respect to my services constitutes the entire agreement and understanding between you and myself and govern your use of my services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and myself (including, but not limited to, any prior versions of the Terms of Service).

​

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

​

Section 18: Governing Law

​

These Terms of Service and any separate agreements whereby I provide you services shall be governed by and construed in accordance with the laws of 204 S Main St., Newfolden, MN, 56738.

​

Section 19: Changes to Terms of Service

​

You can review the most current version of the Terms of Service at any time on this page.

​

I reserve the right, at my sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to my site. It is your responsibility to check my website periodically for changes. Your continued use of or access to my website or services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

​

Section 20: Contact Information

​

Questions about the Terms of Service should be sent to me at tamara@tamaramessner.com.