We (Hanging on Hope) exist to share the hope we have with women diagnosed with cancer. We hope you love our products and services as much as we love creating them. These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.
We have adapted these Terms thanks to Automattic, who made them available under a Creative Commons Sharealike license.
Terms of Service
These Terms govern your access to and use of HangingOnHope.com, as well as all content and Hanging on Hope products and services available at or through this website (collectively, “Services”). Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time by Hanging on Hope (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
1. Who’s Who
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. Your Agreement is with Susan L Hutchinson LLC DBA Hanging on Hope, referred to as “Hanging on Hope” or “we” throughout these Terms.
2. Your Account
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create a HangingOnHope.com account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. If you are no longer interested, you can always opt out of any marketing communication, whether it's an email, phone call, or text message by contacting email@example.com.
3. Minimum Age Requirements
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
4. Responsibility of Visitors and Users
Users have a personal, non-transferable right to access and use the Content of this Website subject to these Terms and Conditions, including all information, text, images, data, links, or other material accessible through the Website or Services, whether created by us or provided by another personal for display on the Website or through the Services.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:
- The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
- The Content may not be modified.
- Copyright, trademark, and other proprietary notices may not be removed.
Additionally, you are responsible for all of the content you post to our Services (“Content”). So, for example:
- If you post Content, comment, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
- We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
- Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
5. Fees, Payment, and Renewal
Fees for Paid Services. Some of our Services are offered for a fee, such our monthly subscription box and gift boxes (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees or recurring fees. For recurring fees, we’ll bill or charge you for in regular automatically-renewing intervals (such as monthly, quarterly, or annually) on a pre-pay basis until you cancel, which you can do at any time by emailing firstname.lastname@example.org. Please include “Cancellation” in the subject line.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
Payment. The price of services and/or good is payable in full before delivery. If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase an annual subscription, you will be charged each year for the following 12-month period (see cancelling automatic renewal below). It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. For more information about how Hanging on Hope subscriptions work, please contact email@example.com.
Cancelling Automatic Renewal.
If you would like to cancel your subscription before you are billed for the next shipment, contact firstname.lastname@example.org or login to your account and cancel your subscription prior to the 15th of the last month of your membership.
We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
Shipping and Risk of Loss.
Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Hanging on Hope will ship a package to each subscriber once a month between the 2nd and the 4th with a selection of products that may change. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Hanging on Hope within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of Products and credits to your account are subject to investigation and your account will be adjusted at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
If your membership has already renewed and you’d like to cancel an upcoming shipment, you must request cancellation by the 20th of the prior month to be eligible for a refund. If you do not cancel prior to the 20th day of the prior calendar month, you cannot be refunded. We do not offer refunds on boxes that have already been shipped.
If you use a third-party payment gateway (such as Stripe) their terms and conditions also apply. Please refer to their websites for more details.
6. General Representation and Warranty
You represent and warrant that your use of our Services:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden Hanging on Hope’s systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is - or that facilitates or operates in conjunction with - malware, spyware, adware, or other malicious programs or code.
7. Prohibited Content
By accessing our Website or any chat room, online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
- Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Hanging on Hope.
- Use a name or language that Hanging on Hope, in its sole discretion, deems offensive.
- Post defamatory statements.
- Post hateful or racially or ethnically objectionable Content.
- Post Content which infringes another’s copyright, trademark or trade secret.
- Post unsolicited advertising or unlawfully promote products or services.
- Harass, threaten or intentionally embarrass or cause distress to another person or entity.
- Impersonate another person.
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
- Exploit children under 18 years of age.
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
- Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
- Obtain unauthorized access to any computer system through the Website.
- Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
- Solicit personal information from children under 13 years of age.
- Violate any federal, state, local, or international law or regulation.
- Encourage conduct that would constitute a criminal or civil offense.
8. Specific Service Terms
You own all content you post to our website. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your website.
License. By submitting Content to Hanging on Hope for inclusion on our website, you grant Hanging on Hope a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting our website, products, and services. This license also allows Hanging on Hope to make any publicly-posted Content available to third parties so that these third parties can analyze and distribute (but not publicly display) the Content through their services. Hanging on Hope will be entitled to use any content you submit without incurring obligations of confidentiality, attribution, or compensation to you.
Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view (or in the case of a private website, from view by the authorized visitors) on HangingOnHope.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Prohibited Uses. By using HangingOnHope.com, you represent and warrant that your Content and conduct do not violate the responsibilities of visitors and users (see Section 4).
9. Copyright Infringement Policy
If you believe that material located on or associated with a Hanging on Hope product or service violates your copyright, please notify us by contacting us at email@example.com. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Hanging on Hope or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
10. Intellectual Property
The Agreement does not transfer from Hanging on Hope to you any Hanging on Hope or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Hanging on Hope. The Hanging on Hope logo and all other trademarks, service marks, graphics, and logos used in connection with HangingOnHope.com or our Services, are trademarks or registered trademarks of Hanging on Hope. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Hanging on Hope or third party trademarks.
11. Third Party Services
If you use any Third Party Services (such as stripe or WooCommerce) via Hanging on Hope, you understand that:
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Hanging on Hope, or by the posting by Hanging on Hope of a revised version. If we make changes that are material, we will let you know by posting a notification on our website or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Hanging on Hope policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your HangingOnHope.com account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Disclaimer of Warranties
Our Services are provided “as is.” Hanging on Hope and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Hanging on Hope, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You download from, or otherwise obtain content or services through, our Services at your own discretion and risk. You are solely responsible for determining if the products are suitable for your use and consumption. We are not able to provide any assurances regarding allergies. Under no circumstances will we be liable for any loss or damage caused by your use of the products or your reliance on information in any Content on this Website. In no event shall any reference or link to any third party or third party product or service be construed as an approval or endorsement by Hanging on Hope of that third part or of any product or service provided by a third party. You agree that your sole and exclusive remedy related to any product will be its replacement or a credit toward another monthly shipment, subject to Hanging on Hope’s discretion.
15. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Pennsylvania, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Bucks County, Pennsylvania.
16. Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Bucks County, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
17. Limitation of Liability
In no event will Hanging on Hope, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Hanging on Hope under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Hanging on Hope shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Hanging on Hope, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services and Content that you post.
19. US Economic Sanctions
You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
The Agreement constitutes the entire agreement between Hanging on Hope and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Hanging on Hope may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
21. Additional Information
If you have any questions about these Terms and Conditions, please contact firstname.lastname@example.org.
Hanging on Hope, LLC
132 N State St
Newtown, PA 18940
Copyright © 2020, Hanging on Hope, LLC. All Rights Reserved.