Terms of Service
Welcome to HEARTHNEST. These Terms of Service (“Terms”) govern your access to and use of the HEARTHNEST website, mobile application, and any related services, content, or products offered by HEARTHNEST (collectively, the “Services”). By using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
1. Acceptance of Terms
By accessing or using the Services, you confirm that you have read, understood, and accept these Terms and our Privacy Policy. HEARTHNEST reserves the right to update or modify these Terms at any time without prior notice. Changes will be effective immediately upon posting. Your continued use of the Services after any changes indicates your acceptance of the new Terms. We encourage you to review these Terms periodically.
2. Eligibility
You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract.
3. Account Registration
To access certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information and to update it as necessary. HEARTHNEST reserves the right to suspend or terminate your account if we suspect any unauthorized use or violation of these Terms.
4. Orders and Payment
All orders placed through HEARTHNEST are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to pricing errors, stock limitations, or suspected fraud. Payment must be made at the time of purchase via the methods provided. Prices are in U.S. dollars and do not include applicable taxes or shipping fees, which will be added at checkout.
5. Shipping and Delivery
We ship to locations within the United States and select international destinations. Delivery times are estimates and not guaranteed. Risk of loss passes to you upon delivery to the carrier. HEARTHNEST is not responsible for delays caused by carriers, customs, or events beyond our reasonable control. Please refer to our Shipping Policy for more details.
6. Returns and Refunds
If you are not satisfied with your purchase, you may initiate a return within 30 days of delivery, subject to our Return Policy. Items must be unused, in original packaging, and in resalable condition. Refunds will be issued to the original payment method after we receive and inspect the returned item. Custom or personalized products are final sale unless defective.
7. Intellectual Property
All content on our Services, including text, graphics, logos, images, videos, and software, is the property of HEARTHNEST or its licensors and is protected by U.S. and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent. The HEARTHNEST name and logo are trademarks of HEARTHNEST.
8. Prohibited Conduct
You agree not to: (a) use the Services for any unlawful purpose; (b) interfere with the operation of the Services; (c) attempt to gain unauthorized access to any part of the Services; (d) harass, abuse, or harm others; (e) post false, misleading, or spam content; (f) engage in any activity that could disrupt or damage our systems.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HEARTHNEST DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, HEARTHNEST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless HEARTHNEST and its affiliates from any claims, liabilities, damages, losses, or expenses (including attorneys’ fees) arising from your violation of these Terms or your misuse of the Services.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Washington, without regard to conflict of law principles. Any dispute arising from these Terms or your use of the Services shall be resolved exclusively in the state or federal courts located in Seattle, Washington. You waive any objection to venue or jurisdiction.
13. Termination
We may terminate or suspend your access to the Services at any time, with or without cause, and without prior notice. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination, including intellectual property, disclaimers, indemnification, and limitations of liability, will survive.
14. Contact Information
For questions or concerns about these Terms, please contact us at:
Email: [email protected]
Address: 1111 Third Avenue, Suite 250, Seattle, WA 98101
15. Miscellaneous
These Terms constitute the entire agreement between you and HEARTHNEST regarding the Services. If any provision is found to be unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right shall not be deemed a waiver of that right. All sections of these Terms are applicable to the maximum extent permitted by law.
Last updated: January 10, 2025