TERMS OF SERVICE
This website is operated by Heavenlyme LLC. Throughout the site,
the terms “we”, “us” and “our” refer to Heavenlyme LLC.
Heavenlyme LLC offers this website,
including all information, tools and services available from this site to you,
the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us,
you engage in our “Service” and
agree to be bound by the following
terms and conditions (“Terms of Service”, “Terms”),
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 our website.
By accessing or using any part of the 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.
If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store 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.
We reserve the right to update,
change or replace any part of these Terms of Service by
posting updates and/or changes to our website.
It is your responsibility to check this page periodically for changes.
Your continued use of or access to the website following the posting of
any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc.
They provide us with the online e-commerce platform
that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
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).
You must not transmit any worms or viruses or
any code of a destructive nature.
A breach or violation of any of the Terms will result
in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We 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 variousnetworks;
and (b) changes to conform and adapt to
technical requirementsof 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 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.
The headings used in this agreement are included for convenience
only and will not limit or otherwise affect these Terms.
SECTION 3 - 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.
SECTION 4 - 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.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
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 only according to our Return Policy.
We have made every effort to display as accurately as possible the colors
and images of our products that appear at the store.
We cannot guarantee that your computer monitor's display of
any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of
our products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve
the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at
anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time.
Any offer for any product or
service made on this site is void where prohibited.
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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may,
in our 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 we make a change to or cancel an order, we may attempt to notify
you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit or
prohibit orders that, in our 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 our store. You agree to
promptly update your account and other information, including your
email address and credit card numbers and expiration dates, so that
we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which
we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to
such tools ”as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement.
We 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).
We may also, in the future, offer new services and/or features through
the website (including, the release of new tools and resources).
Such new features and/or services shall also be subject to these
Terms of Service.
SECTION 8 - 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
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions
(for example contest entries) or without a request from us you send
creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise
(collectively, 'comments'), you agree that we may,
at any time, without restriction,
edit, copy, publish, distribute, translate and otherwise use in
any medium any comments that you forward to us. We 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.
We may, but have no obligation to, monitor, edit or remove content
that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable
or violates 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 the Service or
any related website. You may not use a false
e-mail address, pretend to be someone other than yourself,
or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments
you make and their accuracy.
We 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
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate
to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website
is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in
the Service or on any related website, including without limitation,
pricing information, except as required by law.
No specified update or refresh date applied in the Service or on
should be taken to indicate that all information in the 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 our 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 the Service 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. We reserve the right
to terminate your use of the Service or any related website for violating
any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service
will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of
the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time,
without notice to you.
You expressly agree that your use of, or inability to use,
the service is at your sole risk.
The service and all products and services delivered to you
through the service are (except as expressly stated by us) 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,
In no case shall Heavenlyme LLC, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers, 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 service or any products procured using
the service, 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,
our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Heavenlyme 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.
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
These Terms of Service are effective unless and until terminated by
either you or us. You may terminate these Terms of Service at any time
by notifying us that you no longer wish to use our Services, or when you
cease using our site.
If in our sole judgment you fail, or we suspect that you have failed,
to comply with any term or provision of these Terms of Service,
we 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
our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
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 beconstrued against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby
we provide you Services shall be governed by and construed
in accordance with the laws.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service
at any time at this page.
We reserve the right, at our sole discretion, to update, change or
replace any part of these Terms of Service by posting
updates and changes to our website. It is your responsibility
to check our website periodically for changes.
Your continued use of or access to our website or the Service
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 us at