Terms of service
TERMS OF SERVICE
This website is operated by Hummingbird Momma. Throughout the site, the terms “we”, “us” and “our” refer to Hummingbird Momma. Hummingbird Momma offers this website, including all information 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 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.
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.
GENERAL CONDITIONS
You understand that your content 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. Note: This does not include credit card information. Credit card information is ALWAYS encrypted during transfer over networks.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The material on this site is provided for general information 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.
PRODUCTS
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. All descriptions of products or product pricing are subject to change at anytime without notice. We reserve the right to discontinue any product at any time.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We reserve the right to limit or prohibit orders. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, without restriction, edit, copy, publish, distribute and use in any medium any comments that you forward to us. We 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.
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 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. We take no responsibility for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site 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).
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; or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
All products delivered to you through the service are provided 'as is' 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, and non-infringement.
In no case shall Hummingbird Momma, directors, employees, contractors, 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. 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.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Hummingbird Momma and its parent, officers, service providers, subcontractors, suppliers, harmless from any claim or demand.
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.
GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Illinois.
CHANGES TO TERMS OF SERVICE
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.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to: thehummingbirdmomma@gmail.com.