Terms & Conditions

User’s Acknowledgment and Acceptance of Terms

HS Crafted provides Website Plans, the HS Crafted site and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

This Terms of Service is a contract between You and HS Crafted. You warrant that you are at least 18 years of age and agree to abide by these policies. You also warrant that you have the right and authority to bind yourself, or the company that you represent, to the terms of this Terms of Service.

By purchasing and/or using HS Crafted services, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement as well as any new, different or additional terms, modifications, conditions or policies which HS Crafted may establish and/or revise at any time, and any agreements that HS Crafted is currently bound by or will be bound by in the future.

You agree that HS Crafted may modify this Agreement from time to time and will do so by posting the new Agreement on the HS Crafted web site in place of the old. You agree to be bound by any changes HS Crafted may make to this Agreement as of the date in which such changes are made.

Description of Service

HS Crafted provides a subscription-based, website service (Website Plans) as set forth on the “Pricing” page (http://hscrafted.com/pricing/) to its customers. We provide Website Plans to you based on the description of it on our website as of the Activation Date. Should our website change subsequent to the Activation Date, we have no obligation to modify Website Plans to reflect such a change.

Some of the services of Website Plans may be provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. We will use commercially reasonable efforts to inform you of those changes. However, you may not terminate this TOS based on such a change by a third party.

Domain Name Services

HS Crafted provides Domain Registration Services as part of Website Plans upon your request. HS Crafted provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against HS Crafted for any and all damages, losses, claims or expenses arising out of, or related to the acquisition, registration and/or use of the Domain Name.

When you apply to register a domain name, your request is transmitted to GoDaddy. You agree to be bound by GoDaddy’s domain name registration policy and procedures. HS Crafted is not responsible for domain name availability, therefore, we do not guarantee a domain name will be registered.

Registration Data and Privacy

In order to access some of the services on this site, you will required to use an account and password that can be will be generated for you as part of Website Plans, which requests certain information and data (“User Account”), and maintaining and updating your User Account as required. By registering, you agree that all information provided in the User Account is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

Contact Information

You are required to provide us with accurate information when setting up your account, during the course of our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail about the services HS Crafted provides, or to respond to feedback, support ticket requests and other communication initiated by you. You agree to maintain a working e-mail address that is monitored daily. We have no responsibility, or liability, for interruptions in service(s), or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information.

Term

This TOS will begin on the Activation Date and continue indefinitely, or until cancellation by you.

Billing and Payment

The due date is the same day of the month as the Activation Date (“Due Date”). All credit cards are billed automatically on a monthly basis and will be charged on the Due Date. You are responsible for the fees and charges set out on the page describing the service you have purchased.

It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Should your account be suspended for any reason, fees will continue to accrue. To reinstate your account, you will be required to pay any fees levied on us by our financial institution plus a $25 administrative fee. You must inform us in writing of any fee disputes at least 7 days before the Due Date.

HS Crafted accepts major credit cards, debit cards, and Paypal payments. Subscribers who choose to pay with PayPal will be strictly limited to a single HS Crafted Account per PayPal account. Please note that any payment terms presented to you in the process of using or signing up for paid Services are deemed part of this Agreement.

We use third-party payment processors (the “Payment Processors”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the paid Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for error by the Payment Processors. By choosing to use Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment

Suspension of service

HS Crafted has the right to stop providing services or suspend services if payment is not received within [10] working days. If the missed payment has still not been received within [30] days HS Crafted has the right to delete the website from their servers to a point that it can not be restored.

Cancellation

You may cancel this Agreement at any time by providing a 7-day written notice to us. HS Crafted does not pro-rate and/or reimburse monthly fees. Set up, domain name registration, and other one-time fees are not refundable. Upon cancellation, your account will be closed and all files will be permanently deleted from our servers.

Termination

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, (i) breach of these Terms of Service; and/or (ii) your failure to pay any amounts due. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we exercise these rights.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Use of the Service

You agree to cooperate with us to facilitate your use of the service. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the service.

Acceptable Use Policy

You agree to maintain your website in full compliance with the terms set forth in the Terms of Service. Failure to so comply is cause for immediate suspension and/or termination of your account at the sole discretion of HS Crafted.

HS Crafted uses a third party to run security and vulnerability audits of their network. These audits include, but are not limited to, port scans, server configuration audits and other security and vulnerability checks that help ensure that the network HS Crafted manages is as secure as possible. HS Crafted prohibits you as well as third parties from running any type of security audit or check of the HS Crafted network, apart from those audits or checks that are initiated by HS Crafted or that have prior written approval from HS Crafted. Unauthorized scans or checks of the HS Crafted network will be treated as an attack against the HS Crafted network and will be dealt with accordingly, including, but not limited to, immediate account termination and/or any legal recourse available.

As a provider of web site services, HS Crafted offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. HS Crafted respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, HS Crafted reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, HS Crafted has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when using HS Crafted’ services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information,  they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that HS Crafted cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because HS Crafted cannot monitor or censor the Internet, and will not attempt to do so, HS Crafted cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

HS Crafted does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over the HS Crafted network and may reach a large number of people, including both subscribers and non-subscribers of HS Crafted, subscribers’ postings to the Internet may affect other subscribers and may affect HS Crafted goodwill, business, reputation or operations. For these reasons, subscribers violate HS Crafted policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Large File Policy:

HS Crafted is not for file hosting and distribution – as such, customers may not host any files larger than 2MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail hello@hscrafted.com.

Illegal or Unauthorized Access to Other Computers or Networks:

Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Other Illegal Activities:

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:

Engaging in activities, whether lawful or unlawful, that HS Crafted determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

You shall also agree to the following:

  • You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
  • You agree not to post any of the following types of content on your website, nor use your account in furtherance of any of the following: pornographic, obscene or excessively profane content, gambling, illegal drugs or illegal drug use.
  • You agree not to take any action which threatens, encourages or causes any harm to minors of any kind or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so.
  • You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property or assists any other person or group in doing so.
  • You agree not to use your account to encourage, facilitate, promote and/or include hate speech, racially offensive, ethnically offensive to groups of various sexual orientations and/or any other content or activity deemed inappropriate by HS Crafted, at its sole discretion, for any reason whatsoever.
  • You agree not to make or attempt any unauthorized access to any HS Crafted website or the website of any HS Crafted customer.
  • You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
  • You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express consent. You shall maintain records of any such consent throughout the term of any agreement that you have with HS Crafted and for three years thereafter.
  • You agree that the HS Crafted website including configurations made on your behalf are the sole property of HS Crafted. Further, HS Crafted does not claim ownership of files uploaded to the servers by you or within the space occupied by your account when you use the services provided by HS Crafted. Your limited licenses to use the service is not subject to lease, sublease or any other sharing or transfer without the specific, express consent of HS Crafted . You may not make your account available to any third party in any way, or by any other means.
  • You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise (a) any other customer of HS Crafted (b) any other person or (c) any employee or contractor of HS Crafted.
  • You agree at all times to comply with all International, Federal, State and local laws including those related to content, copyright, and trademark including but not limited to the Digital Millennium Copyright Act (“DMCA”).
  • You agree that HS Crafted will make the sole determination whether this policy has been violated. This policy may be amended by HS Crafted at any time without notice to you by posting the new policy in this location. Such new policy shall become effective immediately upon such posting for all accounts. It shall be your obligation to check this page regularly for updates to this policy.
  • HS Crafted reserves the right to refuse to provide service to anyone at their sole discretion, for any reason whatsoever.

Licenses

HS Crafted grants to you a non-exclusive, non-transferable, worldwide, royalty-free license to use technology provided by HS Crafted solely to access and use the service. This license terminates on the expiration or termination of this TOS. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in HS Crafted’s technology shall remain with HS Crafted or HS Crafted’s licensors. you are not permitted to circumvent any devices designed to protect HS Crafted, or its licensors’, ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.

We may provide technical support, implementation, customer service or administrative information to you. This information is not confidential. We may use this information, as well as aggregate information gleaned from the operation of our business in general, to improve, or offer or create new products and services. We shall be the exclusive owners of this intellectual property. You waive any rights you may have in this intellectual property, and assign all right, title and interest in it to us.

You grant HS Crafted, and any third parties used by HS Crafted to provide the service, a non-exclusive, non-transferable, worldwide, royalty-free license to use, disseminate, transmit and cache content, technology, and information provided by you and, if applicable, End Users, in conjunction with the service. This license terminates on the expiration or termination of this TOS. All right, title and interest in your technology shall remain with you, or your licensors.

Intellectual Property

Copyright (c) 2019 HS Crafted All Rights Reserved.

For purposes of these Terms of Service, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.

By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of HS Crafted and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

Unauthorized Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send a notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
  3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
  4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  7. Sign the paper.
  8. Send the communication to the following email address: hello@hscrafted.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Your Representations and Warranties

You represent and warrant to HS Crafted that: (i) you have the experience and knowledge necessary to use the service; (ii) you understand and appreciate the risks inherent to you, your business and your person, that come from using the service in particular, and doing business on the Internet in general; (iii) you will provide us with material that may be implemented by us to provide the service without extra effort on our part; and/or (iv) you have sufficient knowledge about administering, designing and operating the functions facilitated by the service to take advantage of the service.

Warranty & Disclaimers

HS Crafted makes every reasonable effort to maintain operation of the HS Crafted service however because as many events and circumstances are beyond the control of HS Crafted, HS Crafted does not in any way warrant or otherwise guarantee the availability of the HS Crafted system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of HS Crafted.

HS CRAFTED SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT HEREIN, HS CRAFTED MAKES NO WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. WE DO WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. HS CRAFTED IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY US. HS CRAFTED SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO HS CRAFTED SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.

THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM HS CRAFTED, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that HS Crafted has no liability, of any sort, for content you or your customers access from the Internet and has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. HS Crafted accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal.

HS Crafted provides no guarantee that the service will be uninterrupted, or continuous, that you will be able to access HS Crafted’s network at a particular time, that any data transmitted by HS Crafted is accurate, error-free, virus-free, secure, or inoffensive. HS Crafted is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.

You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.

THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO HS CRAFTED IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL HS CRAFTED BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

Indemnity

You agree to fully defend and indemnify and hold harmless HS Crafted and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the HS Crafted service or any portion thereof.

HS Crafted shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that a product or service provided by HS Crafted hereunder infringes any patent, copyright, or trademark. This indemnification provision is expressly limited to products or services which are fully owned by HS Crafted. It does not extend to products or services provided by third parties. If set out in its agreements with third-party suppliers, HS Crafted shall flow down similar intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying HS Crafted promptly in writing of the claim and giving HS Crafted full authority, information, and assistance for the defense and settlement thereof. You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in HS Crafted’s opinion is likely to occur, you agree to permit HS Crafted, at its option and expense, either to: (i) procure for you the right to continue using the product or service; (ii) replace with a product or service, regardless of manufacturer, performing the same or similar function as the infringing product or service, or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate HS Crafted’s obligations (and your rights) under this TOS with regard to such product or service, and, refund the Fee charged by us for the period in which the services were unavailable.

Notices

Any notice under this agreement shall be given by HS Crafted to you via email at the address provided by you to HS Crafted at the Activation Date or as HS Crafted is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email.

Force Majeure

Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including without limitation acts of God, bandwidth interruptions, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten days from the beginning of the event.

Choice of Law, Jurisdiction, and Venue

This site (excluding any linked sites) is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this site both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Texas with respect to such matters.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

Miscellaneous

In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorney’s fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Service.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

Severability

In the event that any of the terms of this TOS become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this TOS. All remaining terms of this Agreement shall remain in full force and effect.

HS Crafted Contact Information

Except as explicitly noted on this site, the services available through this site are offered by HS Crafted, located Austin, Texas. Our telephone number is (512) 222-7568. If you notice that any user is violating these Terms of Service, please contact us at hello@hscrafted.com