BY VISITING OR PURCHASING FROM HEARTENMADE.COM,
YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refer to HEARTEN MADE, LLC. The term “Site” refers to HEARTENMADE.COM. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
Use of HEARTENMADE.COM, including all materials presented herein and all online services provided by HEARTEN MADE, LLC., is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Our website is hosted by Siteground and we use WooCommerce on our store. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
01. USE OF THE SITE AND SERVICE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Information provided on the Site and in the Service related to WordPress Design & Development and other information are subject to change.
You must not transmit any worms or viruses or any code of a destructive nature.
Hearten Made, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Hearten Made, LLC. disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
02. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
All content, including images, published on this site is the property of Hearten Made, LLC. and under copyright. Any replicated site content must be authorized and clearly referenced back to the source.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
03. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are 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. WE reserve the right to modify the contents of this site at any time, but WE have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
04. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
05. PRODUCTS OR SERVICES (IF APPLICABLE)
We have made every effort to display as accurately as possible the colors and images of our products that appear in the shop. We cannot guarantee that your computer monitor’s display of any color will be accurate.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
We 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 the Service will be corrected.
06. REFUNDS & RETURNS
Due to the digital nature of WordPress themes, photo presets, and other digital goods, we do not offer refunds or returns. Digital files cannot be returned.
Install + Setup Service products can be refunded or canceled if Hearten Made has not begun the theme installation and setup process. Once the install and setup process has begun, there are absolutely no cancellations or refunds.
07. WORDPRESS.COM SITES
WordPress.com does not allow any third-party or custom themes to be uploaded. Therefore, Hearten Made themes cannot be used on WordPress.com and require a self-hosted WordPress.org site. This is noted on every theme listing page, in our FAQ, terms, and several other areas around our site. Refunds are not available for purchasers whose sites are on WordPress.com.
WordPress.com Business Plan: This plan comes with the ability to upload custom themes. However, we cannot offer customizations, installation + setup, or support to themes installed on the WordPress.com Business Plan. WordPress.com does not provide access to backend files, which makes it impossible to make theme customizations and troubleshoot issues or errors. When installing a theme on the WordPress.com Business Plan, please do so at your own risk and understand that theme support is very limited.
All Hearten Made WordPress Themes are guaranteed to function on a clean installation of WordPress.
We cannot guarantee the theme will work with all third party components, third party plugins, or browsers.
If you modify the theme files, we cannot guarantee the theme will work as expected and we are not responsible for errors resulting from such changes.
09. THEME SUPPORT
Hearten Made is here to help answer questions pertaining to any Hearten Made themes and theme setup and installation to match the demo site.
Any further customizations or code changes to themes is not covered under our provided support. This includes, but is not limited to: font changes, font sizes and styles, removing/adding any elements, structural changes, styling block elements, custom home pages, logo resizing, content width resizing, etc.
We do not provide support for:
- SEO and optimization
- Support is not provided for 3rd party plugins that were not recommended for the theme you purchased
- We do not provide support for setting up a WooCommerce shop
- We do not provide support on how to use email marketing services
- Plugins that are recommended for each theme are also not completely supported by us. This is because we do not create the recommended plugins. Hearten Made themes are only styled to match the plugins. We will try our best to help, but if an issue arises with the plugin’s functionality, support can be somewhat limited and you will be referred to that particular plugin’s support team.
If you have purchased and are setting up a theme for a client, you are responsible for providing support to the client. If your client needs support from me, they will need to purchase the theme separately.
You may make code changes to any Hearten Made theme you purchased. However, theme support is not offered for sites where the theme’s code has been altered. This includes, but is not limited to, any CSS, HTML, PHP, JS code changes.
10. RETIRED THEMES
When a theme is “retired” this means the theme will no longer be available for purchase in the Shop on the Hearten Made website, or on any other third-party selling site. There will be no theme updates for retired themes. Support is still provided for retired themes.
11. FOOTER CREDIT
You may remove the Hearten Made footer credit link from your theme footer. Although this is allowed, it would be appreciated if you linked back somewhere on your site. Hearten Made will not remove the credit link for you.
12. THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and WE 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.
We are 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 websites. 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 the third-party.
13. COPYRIGHT & LICENSURE
Permission is granted for purchaser to download and use the purchased materials on Hearten Made for personal use. This is the grant of a limited license, not the transference of copyright, a title, or any intellectual property, and under this license you may not:
- Resell, redistribute, gift, share, or transfer the materials or products to another person or entity;
- Attempt to decompile or reverse engineer any software contained on the Hearten Made website;
- Claim, suggest, or otherwise imply that any WordPress themes, graphic images, Photoshop templates, Lightroom Presets, or intellectual property that you purchased or downloaded from Hearten Made is work of your own creation, whether it is in an altered state or not.
We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
14. ACCOUNT CREATION
In order to use the Service and download your theme, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Hearten Made will always be accurate, correct, and up to date.
You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
15. LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
16. INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Hearten Made. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Hearten Made remains yours to the extent that you have any legal claims therein. You agree to hold Hearten Made harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
17. CHANGED AND UPDATED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
18. LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, HEARTEN MADE IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF HEARTEN MADE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL HEARTEN MADE’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM HEARTEN MADE, AND IF NO PURCHASE HAS BEEN MADE BY YOU HEARTEN MADE’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
You agree to indemnify, defend and hold harmless Hearten Made, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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.
20. ENTIRE AGREEMENT; WAIVER
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (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.
Last Updated: May 18th, 2021