We will use reasonable care in the collection and storage of your personal information. We do not pass on personal information to third parties. The only use to which we may put your personal information apart from fulfilling your order, is to market our products and services to you, in which you may opt out of these communications.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all Items and products and services delivered to you through the Website are 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, quality, due care and skill, fitness for a particular purpose, durability, title, and non-infringement except to the extent that those warranties cannot be excluded under law.
We do not warrant that the quality of any Items, services, information, purchased or obtained via our Website will meet your expectations, or that any errors will be corrected.
In this section:
- a) Heaven and Earth Eco Burial Products includes its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors.
- b) Loss includes injury, loss, claim, emotional distress, 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 and whether such Loss is alleged or suffered by you or a third party.
To the maximum extent permissible by law:
- c) without limitation, you release Heaven and Earth Eco Burial Products from any responsibility or liability in respect of any Loss arising from any delays, failure or negligence in relation to the delivery of the Items or services;
- d) Heaven and Earth Eco Burial Products’ liability to you is limited to the amounts you have paid us or the cost of having the Items or services provided again, whichever is higher;
- e) Heaven and Earth Eco Burial Products will not be liable for any delay or failure to perform our obligations if such delay is due to any circumstances beyond our reasonable control;
- f) Heaven and Earth Eco Burial Products are not liable for any Loss arising from any delays or failure in relation to delivery of the Items or services, your use of the Website or any products, services or information procured using the Website, or for any other claim related in any way to your use of the Website or any services, 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 Website, even if we are made aware of their possibility; and
- g) You agree to release, indemnify, defend and hold harmless Heaven and Earth Eco Burial Products from any claim or demand, including reasonable legal fees: a. where made against you by any third party;
- arising out of your breach of these Terms or the documents they incorporate by reference; and/or
- arising out of your breach of any law or the rights of a third party.