BY ACCESSING OR USING ANY PART OF THE WEBSITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH RICH HONEY MONTHLY. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, RICH HONEY MONTHLY.
By using the Website, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Website with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a Minor, you hereby agree to bind the Minor to this Agreement and to fully indemnify, release and hold harmless RICH HONEY MONTHLY if the Minor breaches or disaffirms any term or condition of this Agreement. If you are not at least 13 years old, you may not use the Website at any time or in any manner or submit any information to the Company or the Website.
Using the Website and the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Website and use the Services for your personal, non-commercial use, and as we otherwise intend. In order to access certain password-restricted areas of the Website and to use certain Services and Materials offered on and through the Website, you must register with RICH HONEY MONTHLY for an account and create a password. RICH HONEY MONTHLY reserves the right to monitor the Service for the purpose of determining that your usage complies with these Terms.
By registering for an account with RICH HONEY MONTHLY, you become a “Subscriber” with access to certain password-restricted areas of the Site, to use certain Services and Materials offered on and through the Website and to purchase packages (a “Subscription”). RICH HONEY MONTHLY offers a recurring subscription service where you select a Subscription package, pay a recurring Subscription fee and receive a package of curated items based on the Subscription package you select. Each Subscription and the rights and privileges provided to a Subscriber is personal and non-transferable. All sales and payments of Subscription fees will be in US Dollars. All Subscription fees are non-refundable under any circumstances.
The fee that we will charge you for your Subscription will be the price for the Subscription package you select. RICH HONEY MONTHLY reserves the right to change prices for Subscriptions at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide when you register as a Subscriber, and you authorize RICH HONEY MONTHLY to charge your credit or debit card for any such applicable taxes.
You may pay your Subscription fee only with credit and debit card payments (Visa, MasterCard, American Express, and Discover). We will charge your credit or debit card for your first Subscription fee on the date that we process your order for your Subscription. Thereafter, we will charge your credit or debit card monthly until you pause or cancel your Subscription. If the credit or debit card information you have provided is incorrect or incomplete or if RICH HONEY MONTHLY is unable to complete the transaction due to your error or omission, we will attempt to contact you and inform you of the problem. Failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your Subscription or a particular delivery. If you do not pay the Subscription fee, you will not receive any packages. Once your credit or debit card is charged the Subscription fee, you will receive your first package within fifteen (15) business days. If you believe you have purchased a Subscription in error, please contact us immediately at firstname.lastname@example.org. In the event that RICH HONEY MONTHLY needs to change or cancel an order, we will attempt to notify you using the contact information you provided during registration. Packages may be shipped by a third party carrier. As a result, title and risk of loss for packages will pass to you upon our delivery to the carrier.
RICH HONEY MONTHLY disclaims any responsibility in connection with your use of the contents in each package, any and all such use shall be at your own risk.
RICH HONEY MONTHLY does not allow returns or substitutions of products in your package, unless there is a sizing issue wherein we will replace the product, unused and undamaged, with the correct size. We must receive notice of a sizing issue within three (3) days of receipt.
Damages and Incomplete Packages
If you receive a package with damaged or incomplete contents with any package you receive, please contact us at: email@example.com. We must receive notice of damaged or incomplete contents within three (3) days of receipt. Any replacements are made solely in our discretion.
Automatic Membership Renewal
YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU PAUSE OR CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
Subscriptions may be paused any time. In order to pause your Subscription, you must: (a) log into your Member Account, choose Pause Subscription, and follow the instructions or (b) e-mail us at firstname.lastname@example.org and indicate that you wish to pause and follow the instructions given. You must contact us regarding this request no later than the 5th of the month, before you are billed for your next package, in order for the pause to be effective in a timely fashion.
Memberships may be cancelled any time. In order to cancel your Membership, you must: (a) log into your Member Account, choose Cancel Subscription, and follow the instructions or (b) e-mail us at email@example.com and indicate that you wish to cancel and follow the instructions given. You must contact us and complete cancellation no later than the 5th of the month, before you are billed for your next package, in order for your cancellation to be effective in a timely fashion. There are no cancellation fees.
RICH HONEY MONTHLY may offer certain promotional codes for discounts. Promotion codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotion codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotion codes cannot be replaced. Limit one promotion code per customer. Promotion codes are void where prohibited. A promotion code cannot be applied to an order or an account after it has been processed. Any promotional program may be terminated or modified by RICH HONEY MONTHLY at any time in its sole discretion.
If applicable, you agree to pay all fees or charges to your account based on RICH HONEY MONTHLY’s fees, charges, and billing terms in effect. If you do not pay on time or if RICH HONEY MONTHLY cannot charge your credit card or other payment method for any reason, RICH HONEY MONTHLY reserves the right to either suspend or terminate your access to the Website and account and terminate these Terms and you will not receive any packages. You are expressly agreeing that RICH HONEY MONTHLY is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Website and the fees will be billed to your credit card or other payment method designated on your initial registration with this Website, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that RICH HONEY MONTHLY may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
By using RICH HONEY MONTHLY’s Services, you represent and warrant that:
- All registration information you submit is truthful and accurate
- You will maintain the accuracy of such information
- You will keep your password confidential and will be responsible for all use of your password and account
- You are not a Minor, or if a Minor, you have received parental permission to use this Website
- Your use of the Services does not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current or incomplete, or RICH HONEY MONTHLY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RICH HONEY MONTHLY has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Website or RICH HONEY MONTHLY’s Services (“Submissions”) provided by you to RICH HONEY MONTHLY are non-confidential and RICH HONEY MONTHLY (as well as any designee of RICH HONEY MONTHLY) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
You may not access or use the Website for any other purpose than that for which RICH HONEY MONTHLY makes it available. Prohibited activity includes but is not limited to:
- Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website of any portion of the Website
- Attempting to impersonate another user or person or using the username of another user
- Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Website
- Deleting the copyright or other proprietary rights notice from any Website content
- Disseminating any unsolicited or unauthorized advertising, promotional materials, spam mail, or any other form of such solicitation
- Use any robot, spider, scraper, or other automated means to access the Website
- Defaming, abusing, harassing, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Harassing, annoying. intimidating or threatening any RICH HONEY MONTHLY employees or agents engaged in providing any of RICH HONEY MONTHLY’s Services to you
- Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website
- Making any unauthorized use of RICH HONEY MONTHLY’s Services, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses
- Systematic retrieval of data or other content or from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from RICH HONEY MONTHLY
- Tricking, defrauding, or misleading RICH HONEY MONTHLY and other users, especially in any attempt to learn sensitive account information such as passwords
- Using any information obtained from the Website in order to harass, abuse, or harm another person
- Using RICH HONEY MONTHLY’s Services as part of any effort to compete with RICH HONEY MONTHLY or to provide services as a service bureau
- Using the Website in a manner inconsistent with any and all applicable laws and regulations
This list of prohibitions provides examples and is not complete or exclusive. RICH HONEY MONTHLY reserves the right to terminate access to your account and/or your ability to use the Services with or without cause and with or without notice, for any reason or no reason, or for any action that RICH HONEY MONTHLY determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services.
RICH HONEY MONTHLY may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at RICH HONEY MONTHLY’s discretion, RICH HONEY MONTHLY will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website, including but not limited to documents, services, website design, text, graphics, logos, videos, images and icons (the "Materials"), as well as the arrangement thereof, unless otherwise specified in these Terms, are the sole property of RICH HONEY MONTHLY. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
THIRD PARTY WEBSITES AND CONTENT
YOU AGREE THAT RICH HONEY MONTHLY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY WEBSITES OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
RICH HONEY MONTHLY reserves the right but does not have the obligation to:
- Monitor the Website for violations of these Terms
- Take appropriate legal action against anyone who, in RICH HONEY MONTHLY’s sole discretion, violates these Terms, including without limitation, reporting such user to law enforcement authorities
- Otherwise manage the Website in a manner designed to protect the rights and property of RICH HONEY MONTHLY and others and to facilitate the proper functioning of the Website.
TERMS AND TERMINATION
These Terms shall remain in full force and effect while you use the Website or are otherwise a Subscriber of RICH HONEY MONTHLY, as applicable. You may terminate your use or Subscription at any time, for any reason, by following the instructions for terminating user accounts in your account page or by contacting us using the contact information provided.
RICH HONEY MONTHLY, IN ITS SOLE DISCRETION, RESERVES THE RIGHT TO DENY ACCESS TO AND USE OF THE WEBSITE AND/OR SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, WITHOUT NOTICE OR LIABILITY, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, AND RICH HONEY MONTHLY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND/OR SERVICES AND DELETE YOUR ACCOUNT AT ANY TIME, WITHOUT WARNING.
In order to protect the integrity of the Website and/or Services, RICH HONEY MONTHLY reserves the right in its sole discretion to block certain IP addresses from accessing the Website and/or Services at any time.
If RICH HONEY MONTHLY terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, RICH HONEY MONTHLY reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
To the Terms
RICH HONEY MONTHLY may modify these Terms from time to time. Any and all changes to these Terms will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to these Terms when you use RICH HONEY MONTHLY’s Services after any such modification becomes effective. RICH HONEY MONTHLY may also, in its sole discretion, choose to alert all users to whom it maintains e-mail information of such modifications by means of an e-mail to their most recently provided e-mail address. It is therefore important that you regularly review these Terms and keep your contact information current in your account settings to ensure that you are informed of changes. You agree that you will periodically check the Website for updates to the Terms and you will read the messages we send you to inform you of any changes. Modifications to the Terms shall be effective after posting.
To the Services
RICH HONEY MONTHLY reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that RICH HONEY MONTHLY shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that RICH HONEY MONTHLY is under no obligation to become involved. In the event that you have a dispute with one or more users, you hereby release RICH HONEY MONTHLY, its officers, employees, agents and successors in rights from claims, demands, and damages (actual and consequential) or every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or Services.
With the Company
You and RICH HONEY MONTHLY agree that any dispute that may arise between us relating in any way to your use of or access to the Website or Services, any breach, enforcement, or termination of these Terms, or otherwise relating to RICH HONEY MONTHLY in any way (“Dispute”) will be resolved in accordance with the provisions set forth in this Section.
To expedite resolution and control the cost of any dispute, controversy or claim, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org, provide a brief, written description of the dispute and your contact information and account information and allow at least forty-five (45) days to pass before initiating any arbitration or court proceeding.
Governing Law; Jurisdiction
These Terms and all aspects of the Website and Services shall be governed by and construed in accordance with the internal laws of the State of California, without regard to conflict of law provisions.
If you and RICH HONEY MONTHLY are unable to resolve a Dispute through informal negotiations, either you or RICH HONEY MONTHLY may choose to have the Dispute (except Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other.Arbitration replaces the right to go to court.
YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, RICH HONEY MONTHLY will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Los Angeles County, California or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, RICH HONEY MONTHLY may transfer the arbitration to Los Angeles County, California in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Except as otherwise provided in these Terms, you and RICH HONEY MONTHLY may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
You and RICH HONEY MONTHLY agree that any arbitration shall be limited to the Dispute between RICH HONEY MONTHLY and you individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought into a purported representative capacity on behalf of the general public or any other persons.
Right to Opt Out
Notwithstanding the above, you or RICH HONEY MONTHLY may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by e-mailing a notification to email@example.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with RICH HONEY MONTHLY through arbitration. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court. If you opt out of the agreement to arbitrate, all other parts of these Terms and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Exceptions to Informal Negotiations and Arbitration
You and RICH HONEY MONTHLY agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes to enforce or protect, or concerning the validity of any of your or RICH HONEY MONTHLY’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief. If this Section is found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and RICH HONEY MONTHLY agree to submit to the personal jurisdiction of that court.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and RICH HONEY MONTHLY specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and RICH HONEY MONTHLY must be resolved exclusively by a state, federal, or small claims court located in Los Angeles County, California. You and FabFitFun agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
Statute of Limitations
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
These Terms for Disputes shall survive the termination of your service with RICH HONEY MONTHLY or its affiliates. Notwithstanding any provision in these Terms to the contrary, we agree that if RICH HONEY MONTHLY makes any change to this Section, you may reject any such change and require RICH HONEY MONTHLY to adhere to the language in this Section if a dispute between us arises.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, availability, and various other information. RICH HONEY MONTHLY reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
RICH HONEY MONTHLY cannot control the nature of all of the content available on the Website. By operating the Website, RICH HONEY MONTHLY does not represent or imply that it endorses any blogs, contributions, or other content available on or linked to by the Website, including without limitation content hosted on Third Party Websites or provided by third party applications, or that RICH HONEY MONTHLY believes contributions, blogs, or other content to be accurate, useful or non-harmful. RICH HONEY MONTHLY is not responsible for the conduct, whether online or offline, of any user of the Website or Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND/OR SERVICES WILL BE AT YOUR SOLE RISK. RICH HONEY MONTHLY MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. RICH HONEY MONTHLY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES, (D) ANY BUGS, VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER, AND/OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. RICH HONEY MONTHLY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE AND RICH HONEY MONTHLY WILL NOT BE IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
RICH HONEY MONTHLY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RICH HONEY MONTHLY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF RICH HONEY MONTHLY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT BE MORE THAN THE AMOUNT PAID, IF ANY, BY YOU TO RICH HONEY MONTHLY FOR THE SERVICES DURING THE PERIOD OF THREE MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold harmless RICH HONEY MONTHLY, its subsidiaries, and affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third party claim brought or asserted against any of your contributed content, use of the Services, and/or arising from a breach of these Terms and/or any breach or your representations and warranties set forth above. Notwithstanding the foregoing, for which you are required to indemnify RICH HONEY MONTHLY, and you agree to cooperate, at your expense, with RICH HONEY MONTHLY’s defense of such claims. RICH HONEY MONTHLY will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Unless explicitly stated otherwise, any notices given to RICH HONEY MONTHLY shall be given by e-mail to the address listed in the contact information below. Any notices given to you shall be given to the e-mail address you provided during the registration process, or such other address as each party may specify. Notices shall be deemed to be given twenty-four (24) hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. We may also choose to send notices by regular mail.
The Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Services, as will as data relating to your use of the Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Services. You agree that RICH HONEY MONTHLY shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against RICH HONEY MONTHLY arising from any such loss or corruption of such data.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
These Terms (and all policies, terms and conditions referenced herein) constitute the entire agreement between you and RICH HONEY MONTHLY regarding your use of the Website, Services and products provided by RICH HONEY MONTHLY, and supersede any prior agreements between you and RICH HONEY MONTHLY on the subject matter. The failure of RICH HONEY MONTHLY to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. These Terms and your account may not be assigned by you without our express written consent. RICH HONEY MONTHLY may assign any or all of its rights and obligations to others at any time. RICH HONEY MONTHLY shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond RICH HONEY MONTHLY’s reasonable control. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. A party’s failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Website and Services. These Terms will not be construed against the drafter. “include(s)” or “including” means, respectively, “include(s), without limitation,” or “including, without limitation,”, unless expressly stated otherwise. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
This Website and Services are provided by RICH HONEY INC., 919 E. Slauson Ave. Los Angeles, CA 90011. In order to resolve a complaint or receive further information from RICH HONEY MONTHLY, please contact the Company as set forth below.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Rich Honey Inc.
919 E. Slauson Ave.
Los Angeles, CA 90011
Phone: (213) 905-3205
Updated on: April 1, 2017