HESTER'S HOLLOW LLC Terms of Use

Welcome to https://www.hestershollow.com! By using our website, you acknowledge that you have read and understood these terms of use (the “Terms”), which incorporate by reference our Privacy Policy, located at https://www.hestershollow.com, and agree to be bound by the Terms.It is your obligation to review these Terms before using the Website. If you do not understand orhave questions about the Terms, please stop all use of the Website and contact us atsavy@hestershollow.com.Any changes to these Terms will be effective immediately upon our posting them to the Website,unless otherwise stated. We reserve the right to change the contents of the Website at any time,with or without notice.These Terms apply only to the Website and do not apply to any websites, even those controlledby us, that are linked to the Website. For access to the terms of use or privacy policies of linkedwebsites, you should refer to the policies of those websites.If you become a customer of Hester's Hollow, these Terms and the Privacy Policy will besuperseded by the terms and conditions applicable to that relationship to the extent of anyconflicts between them.Definitions“Hester's Hollow” means , an Oklahoma sole proprietorship, who is the owner andoperator of the Website.“Website” means the website located at https://www.hestershollow.com.“Content” means any and all material, existing or having existed on the Website in anyfashion from any origin and in any form whether digital, electronic, posted, deleted,archived, embedded, or linked or contained in any subpage of the Website or existing asdata, designs, text (on every page of the Website, whether editorial, navigational, orinstructional), images, graphics (including all logos, buttons, and other graphical elementson the Website, including the color combinations and the page layout of the Website, withthe exception of trademarks and intellectual property belonging to third parties), code orprogramming (includes both client-side code and server-side code (including compiled orinterpreted code in any computer language, databases, etc.) used on the Website), andincludes all material that we have provided on or as part of the Website or which anyUsers have submitted, posted, uploaded, or otherwise provided to the Website.“Customer” means any person or entity who investigates, initiates, or completes atransaction for Services with Hester's Hollow.“Services” means any of the products, goods, or services provided by or through Hester'sHollow.“User” means any person or entity, as the case may be, who accesses the Website. As aUser, you are subject to these Terms and our Privacy Policyhttps://www.hestershollow.com and agree to abide by all terms and conditions contained inthese Terms.Usage and AccessGENERAL USE OF THIS WEBSITEWe hereby grant you a limited license to view and use the website solely as an aid to properlyengaging with the Website as a User. You may use the Website only in a manner consistent withyour bona fide personal or internal business needs.If a Customer creates an account on the Website, then Customer shall ensure that all users ofCustomer’s account, whether or not they have separate usernames or passwords, comply withthe restrictions on use and disclosure set forth in this Agreement.Customer is responsible for, including being liable to Hester's Hollow for, (1) any person’s use ofthe Website that is authorized or permitted by Customer, including any use or conduct thatviolates the AUP or other requirements of these Terms applicable to Customer; and (2) any useof the Website through Customer’s account, whether authorized or unauthorized. Customer isresponsible to, at its discretion, arrange for or establish the liability to Customer of any suchperson for their actions or omissions.Customer shall use reasonable efforts to prevent unauthorized access to the Website, includingby protecting its passwords and other log-in information. Customer shall notify Hester's Hollowpromptly following Customer’s knowledge, awareness, or good-faith suspicion that Customer’slog-in information has been compromised.Customer shall notify Hester's Hollow immediately of any known or suspected unauthorized useof the Website or breach of its security and shall use reasonable efforts to halt and remediateany such breach.The Website and any Services are not intended for the use of children under the age of 13.Children under the age of 13 may not use or submit any information to the Website, and theirguardians should not permit them to do so.Individuals older than 13 but under the age of 18 may access the Website only under thesupervision of a parent or legal guardian who agrees to be bound by these Terms andresponsible for all of the User’s actions taken on the Website. These age restrictions are basedon applicable law for the benefit of such children.RESTRICTIONS ON USE OF THE WEBSITEAny unauthorized use by you or on your behalf, including as described in this section of theseTerms, will automatically terminate the license granted by us, and you may not thereafter usethe Website for any personal or business purpose.Except as provided in these Terms or by the Website itself, you may not:use (or plan, encourage or help others to use) the Website for any purpose or in anymanner that is prohibited by these Terms or by applicable law;download (other than page caching), excerpt, summarize, copy, or create derivative worksfrom any portion of the Website;gather information from the Website from data mining, robots, spiders, or similar extractiontools;interfere with the proper operation of the Website including by attacking, hacking into, orotherwise attempting to penetrate any non-publicly accessible elements of the Website orits servers or network, through the use of bots, Trojan horses, Viruses, DNS attacks, orany other technology that is designed or intended to interfere with the proper operation ofthe Website or the use of the Website by any User;circumvent or attempt to circumvent any security or access control technologyimplemented on the Website or its associated servers and networks;advertise or otherwise engage in any commercial endeavor, including any pyramid,network marketing, Ponzi, or similar scheme;impersonate or misrepresent your connection to any other entity or person or otherwisemanipulate identifiers to disguise the origin of the content;disrupt the normal flow of communications or affect the ability of any User to use thisWebsite; oradvocate illegal activity or an intention to commit an illegal act or violate any applicablelocal, state, national or international law.TERMINATION OF ACCESSUse of this Website is not a legal right. We reserve the right to suspend or terminate youraccess to the Website for any reason or no reason at any time, in our sole discretion withoutconsidering the potential ramifications on you and your activities.Hester's Hollow may immediately terminate or suspend any person’s access to the Website,without advance notice, if Hester's Hollow believes in good faith that there has been a violationof these Terms or any other applicable agreement. Hester's Hollow shall use reasonable effortsto provide written notice to Customer as soon as practicable following any such termination orsuspension of access.Neither these Terms nor the AUP require that Hester's Hollow enforce the AUP or these Termsagainst Customer or any user or other person. Hester's Hollow reserves the right to take suchaction, or no action, as it may determine from time to time.Information You ProvideUser-Generated ContentThe Website may allow you to post information or data in a variety of forms to dedicatedsections of the Website, such as support forums or similar message boards. The purpose ofthese sections, unless otherwise specified, is to support the business of Hester's Hollow and therelated needs of its Users and Customers.“User-Generated Content” means any content created or publicly posted by you to the Website.You hereby irrevocably grant to Hester's Hollow a worldwide, perpetual, fully paid, royalty-free,non-exclusive, sub-licensable, transferable right to use, publish, broadcast, post online, andcopyright (1) your name, voice, picture, portrait, and likeness (“Identity Materials”) as suchIdentity Materials appear in connection with the User-Generated Content and (2) the UserGenerated Content in, and in connection with, advertising, marketing, and promoting Hester'sHollow, its products and services, or its events, in whole or in part, by any means, media,devices, processes, and technology, whether now known or hereafter developed. Youacknowledge that Hester's Hollow may modify the User-Generated Content for formatting,navigation, integration, or other purposes, provided that Hester's Hollow uses good-faith effortsto ensure that such modifications do not materially distort such User-Generated Content.You hereby waive and shall not enforce any conflicting rights in the User-Generated Content,including any moral rights that you may have under applicable law.You hereby consent to the appearance and use of the Identity Materials in any advertisement,promotional media, or other media without submitting such proposed uses to you for any furtherapproval. You hereby release Hester's Hollow from any liability to you for any distortion orillusionary effect resulting from the publication of your Identity Materials.Hester's Hollow is not required to use any of these rights granted by you to retain these rights.Representations - You represent to Hester's Hollow that:You have the necessary authority to grant the rights described in these Terms;You have created the User-Generated Content or have the necessary rights to publish the UserGenerated Content to the Website;You have the necessary rights and consents to publish the Identity Materials of any personappearing in your User-Generated Content;Your grant of rights to Hester's Hollow under these Terms will not violate the rights of any thirdparty or violate any applicable laws, including consumer protection, privacy, copyright,trademark, unfair competition, and trade laws;The User-Generated Content does not violate any provision of these Terms, including that itdoes not contain any viruses or other harmful code and is not defamatory, obscene,pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwiseunlawful.We do not assume any obligation to review or monitor the Content or other informationsubmitted to the Website by third parties. We may review some, none, or all of the informationsubmitted to the Website. We reserve the right to remove, edit, or reject any informationsubmitted to the Website for any reason or no reason. You assume the responsibility of verifyingthe accuracy of any posted information through your own independent investigation.ACCEPTABLE USE POLICY1. Unacceptable UseHester's Hollow requires that all customers and other users of the Website conduct themselveswith respect for others. In particular, observe the following rules in your use of the Website:Abusive Behavior: Do not harass, threaten, or defame any person. Do not contact anyperson who has requested no further contact. Do not use ethnic or religious slurs againstany person or group.Privacy: Do not violate the privacy rights of any person. Do not collect or disclose anypersonal address, social security number, or other personally identifiable informationwithout each person’s written permission. Do not cooperate in or facilitate identity theft.Intellectual Property: We respect the intellectual property of others, and we ask you to dothe same. Do not infringe upon the copyrights, trademarks, trade secrets, or otherintellectual property rights of any person. Do not reproduce, publish, or disseminatesoftware, audio recordings, video recordings, photographs, articles, or other works ofauthorship without the written permission of the copyright holder. We may, in appropriatecircumstances, terminate or suspend use of the Website to Users who infringe theintellectual property rights of others.Hacking, Viruses, & Network Attacks: Do not access any computer or communicationssystem without authorization, including the computers used to provide the Website. Do notattempt to penetrate or disable any security system. Do not intentionally distribute acomputer virus, launch a denial-of-service attack, or in any other way attempt to interferewith the functioning of any computer, communications system, or website. Do not attemptto access or otherwise interfere with the accounts of other users of the Website.Violations of Law: Do not violate any law.Customer Use Only: Your use of the Website is limited to your personal or internalbusiness purposes only. Do not (1) sell, re-license, rent, lease, or provide service bureauor timeshare access to the Website; (2) use the Website to provide the same or similarservices to third parties; or (3) create derivative works from, distribute, or in any wayexploit the Website. Do not permit anyone other than your authorized users to access theWebsite, whether on a for-profit, loan, gratuitous, temporary, or other basis, whetherthrough consulting, training, or other services provided by you, or in any other manner,except with the express prior written consent of Hester's Hollow.2. Consequences of ViolationViolation of this acceptable use policy (this “AUP”) may lead to suspension or termination of theuser’s account or the customer’s account or the initiation of legal action. In addition, the user orcustomer may be required to pay for the costs of investigation and remedial action related toAUP violations. Hester's Hollow reserves the right to take any other remedial action that itdetermines in good faith is necessary or advisable.3. Reporting Unacceptable UseHester's Hollow requests that anyone with information about a violation of this AUP report it atsavy@hestershollow.com.Please provide the date and time (with time zone) of the violation and any identifying informationregarding the violator, including email or IP (Internet Protocol) address if available, as well asdetails of the violation.4. DisclosureWe reserve the right to cooperate with any law enforcement authorities or court ordersrequesting or directing us to disclose the identity of anyone posting any messages or publishingor otherwise making available any materials that are believed to violate these Terms orapplicable law.You consent to our disclosure, without your further consent or notice, of your IP address,username, name, IP location or other information as required by any subpoena issued to us bya court or from a law enforcement or government agency. We may challenge any suchsubpoena on legal grounds but are not required to do so.5. Revisions to the AUPHester's Hollow may change this AUP at any time by posting a new version on this page on theWebsite. The new version will become effective on the date of such notice.Other Information You ProvideIf you choose to provide any personal information via this Website that is not User-GeneratedContent, the information will be used only for the purposes described in our Privacy Policyhttps://www.hestershollow.com. We may collect or share certain information based on yourusage of the Website, as described in, and subject to, our Privacy Policy.To facilitate communications between you and us, this Website offers you the ability to contactus. Although we strive to protect and secure our online communications, and use the securitymeasures detailed in our Privacy Policy to protect your information, you and we bothacknowledge that no data transmitted over the Internet can be guaranteed to be completelysecure and that no security measures are perfect or impenetrable. You agree to release us from(1) any liability to you for any unaccepted or unprocessed email instructions or requests and (2)from any loss or damage arising out of any unauthorized use by third parties of any informationthat you send by email. If you would like to transmit sensitive information to us, please contactus, without including the sensitive information, to arrange a more secure means ofcommunication.Prohibited InformationPlease do not send us any confidential or proprietary information or trade secrets through theWebsite. They are not protected by any confidentiality agreement, and you do so at your ownrisk.Information you submit through the Website or otherwise may not contain:commercial speech, such as links to other websites, solicit money or offer securities, orcontain any chain letters, pyramid schemes, or spam;the intellectual property of a third party, including trade secrets, except in accordance withapplicable law (that is, fair use or appropriate permission) or infringe on such IP;material that is false or misleading or impersonates another person, or misstates ormisleads as to identity, gender, or age;material that is harmful, threatening, abusive, harassing, tortious, defamatory, obscene,invasive of another’s privacy, or otherwise unlawful;viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components orlinks to such items; orany robot, spider, website search/retrieval application, or other manual or automatic deviceor process to retrieve, index, “data mine,” or in any way reproduce or circumvent thenavigational structure or presentation of the Website or its contents.Intellectual PropertyRightsHester's Hollow owns all intellectual property rights relating to the Hester's Hollow brand andother content including: copyright, trademark, service mark, trade name, trade dress, logo,patents and patentable subject matter, trade secrets, and data elements and other Content thathas or provides the “look and feel” of the Hester's Hollow brand image, as well as our ownContent, including the text, graphics, programming (including source and object code),photographs, video, and audio contained in the Website (the “Intellectual Property”). All otherintellectual property not owned by Hester's Hollow is the property of its respective owner orlicensee, as the case may be.We reserve all rights to all of our Intellectual Property. Your use of the Website does not grantyou any rights or licenses relating to the Intellectual Property, except as expressly provided forin these Terms.You may not display, copy, modify, create derivative works of, sell, or distribute any of theIntellectual Property, or use it in any other way for public or commercial purposes except inaccordance with these Terms and the intended purpose of the Website.Subject to the Privacy Policy, any information, materials, suggestions, ideas, or comments yousend to us (each, a “Submission”) are deemed non-confidential. By sending us a Submission,you hereby grant, will grant, and agree to grant us an irrevocable and unrestricted worldwidelicense to use, modify, reproduce, adapt, transmit, sell, license and sub-license, createderivative works from, publicly display, perform, and distribute the Submission for any purposewhatsoever (commercial or otherwise), in any form, media, or technology, whether now knownor hereafter developed, alone or as part of other works, with no payment or other compensationto you. This grant includes the right to use the Submissions and any ideas, concepts, or knowhow contained in the Submission for any purpose, including developing, manufacturing,distributing, or marketing products or services. Hester's Hollow may use any such Submissionswithout obligation.Third-Party Intellectual PropertyWe will respond to claims of copyright and trademark infringement in accordance with applicablelaw. We will promptly process and investigate notices of alleged infringement by third partiesand will take appropriate actions under applicable law, including the Digital Millennium CopyrightAct (“DMCA”), 17 U.S.C. § 512(c)(2).Reporting InfringementOnly the intellectual property rights owner may report potentially infringing items through thisreporting system. If you are not the intellectual property rights owner, you should contact theintellectual property rights owner, who can choose whether to use the procedures set forth inthese Terms.If you believe that your work is the subject of copyright infringement or a trademarkinfringement, provide our copyright agent with the following information:1. A physical or electronic signature of a person authorized to act on behalf of the owner ofan exclusive right that is allegedly infringed;2. Identification of the copyrighted work claimed to have been infringed, or, if multiplecopyrighted works at a single online site are covered by a single notification, arepresentative list of such works at that site;3. Identification of the material that is claimed to be infringing or to be the subject ofinfringing activity and that is to be removed or access to which is to be disabled, andinformation reasonably sufficient to permit us to locate the material;4. Information reasonably sufficient to permit us to contact the complaining party, such asan address, telephone number, and, if available, an electronic mail address at which thecomplaining party may be contacted;5. A statement that the complaining party has a good faith belief that use of the material inthe manner complained of is not authorized by the copyright owner, its agent, or the law;and6. A statement that the information in the notification is accurate, and under penalty ofperjury, that the complaining party is authorized to act on behalf of the owner of anexclusive right that is allegedly infringed.Send the reporting information to our agent for notice of claims of copyright or trademarkinfringement as follows:1. By email: Savy@HestersHollow.com2. By mail: 11 June Dr Sulphur, OK 73086Please note that for copyright infringements under Section 512(f) of the Copyright Act, anyperson who knowingly materially misrepresents that material or activity is infringing is subject toliability for damages.Once a proper, bona fide notification of infringement is received by the designated agent, ourpolicy is to:1. Remove or disable access to the allegedly infringing material;2. Notify the User whose material has been removed or disabled; and3. For repeat, flagrant, or bad-faith offenders, remove the allegedly infringing material fromthe Website and, in our discretion, terminate such User’s access to the Website and theServices.Responding to a Notice of InfringementIf after receiving a notice of infringement, you may elect to send us a counter-notice. To beeffective, the notice must be in writing, provided to our designated agent, and includesubstantially the following (please consult your own attorney or see 17 U.S.C. §512(g)(3) toconfirm these requirements):A physical or electronic signature of the User;Identification of the material that has been removed or to which access has been disabled andthe location at which the material appeared before it was removed or access to it was disabled;A statement under penalty of perjury that the User has a good-faith belief that the material wasremoved or disabled as a result of a mistake or misidentification of the material to be removedor disabled; andThe User's name, address, and telephone number, and a statement that the User consents tothe jurisdiction of the Federal District Court for the judicial district in which the address islocated, or if the user's address is outside of the United States, for any judicial district in whichHester's Hollow may be found, and that the user will accept service of process from the personwho provided notification under subsection (c)(1)(C) or an agent of such person.Send the notice to our agent for notice of claims of copyright or trademark infringement asfollows:1. By email: Savy@HestersHollow.com2. By mail: 11 June Dr Sulphur, OK 73086Please note that under Section 512(f) of the Copyright Act, any person who knowingly materiallymisrepresents that material or activity was removed or disabled by mistake or misidentificationis subject to liability for damages.Disclaimers and LimitationsYour consent and agreement to the following disclaimers and limitations is a materialinducement for us to permit you to access the Website or use the Services.DisclaimersTHE WEBSITE AND ITS CONTENT, INCLUDING ALL PRODUCTS OR SERVICES FROMHESTER'S HOLLOW, ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY. HESTER'SHOLLOW DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE MAXIMUMEXTENT PERMITTED BY LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITYAND FITNESS FOR PARTICULAR PURPOSE.HESTER'S HOLLOW DISCLAIMS THE APPLICABILITY OF ANY EXPRESS OR IMPLIEDWARRANTIES SET FORTH ON THIS WEBSITE TO ANY CUSTOMER TRANSACTION ANDMAKES ONLY THOSE WARRANTIES THAT MAY BE SET FORTH IN THE TERMS ANDCONDITIONS APPLICABLE TO A CUSTOMER TRANSACTION.HESTER'S HOLLOW DISCLAIMS ANY LIABILITY ARISING OUT OF OR RELATED TO YOURUSE OF THIS WEBSITE IF THE OFFER OR SALE OF ANY PRODUCT OR SERVICEOFFERED THROUGH THIS WEBSITE IS ILLEGAL IN YOUR JURISDICTION.HESTER'S HOLLOW DOES NOT WARRANT THAT THE CONTENT, FUNCTIONS, ORSERVICES CONTAINED IN OR ACCESSED THROUGH THE WEBSITE WILL BEUNINTERRUPTED, ACCURATE, RELIABLE, OR ERROR-FREE. YOU, AND NOT HESTER'SHOLLOW, ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, ORCORRECTION IF THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTIONWITH THE USE OF THE WEBSITE, ITS CONTENT, OR ANY SERVICES. HESTER'SHOLLOW DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THEUSE OF THE WEBSITE OR THE RESULTS OF ITS USE RELATED TO ACCURACY,RELIABILITY, OR OTHERWISE. THE WEBSITE MAY INCLUDE ERRORS (INCLUDINGTECHNICAL OR TYPOGRAPHICAL ERRORS), AND WE MAY MAKE CHANGES TO THEWEBSITE AT ANY TIME, WITH OR WITHOUT NOTICE.NEITHER HESTER'S HOLLOW NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITHTHE DESIGN OR MAINTENANCE OF THE WEBSITE WILL BE HELD LIABLE ORRESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTIONASSOCIATED WITH YOUR USE OF THIS WEBSITE OR THE SERVICES.Third Parties and Third-Party WebsitesThe Website may contain links to other websites for your convenience and information. Linksmay be contained on pages, or in blog posts, emails from us, or newsletters we make availablefrom time to time.Such links may be to advertisers, merchandise retailers, payment processors, contentproviders, social media or other companies who may use our logo or style as a result of a cobranding agreement. These websites may be operated by companies that are not affiliated withHester's Hollow and may have different privacy policies and terms of use. Notwithstanding thepresentation of, or links to, any third-party information or website on the Website, suchpresentation is not an endorsement, guarantee, representation, or warranty, either express orimplied, by us on behalf of any third party. Hester's Hollow does not control the content thatappears on these websites or their privacy practices.We hereby disclaim any liability or responsibility for the content, subject matter, or substance ofany information accessed or obtained from third-party websites accessed from or via theWebsite. Accessing third-party websites from our Website is therefore done at your own risk.These Terms apply only to the Website and do not apply to any websites, even those controlledby us, that are linked to the Website. For access to the terms of use or privacy policies of linkedwebsites, you should refer to the policies of those websites.Information Monitoring and UpdatesWe attempt to ensure that information on the Website is complete, accurate, and current.Despite our efforts, the information on this Website may be inaccurate, incomplete, or out ofdate, and we make no representation to you about the completeness, accuracy, or timeliness ofany information on the Website, such as information about the nature or characteristics of anygoods or services we provide, including pricing or terms of sale.While this Website facilitates transactions between customers and Hester's Hollow, notall terms of those transactions are available to users of the Website who are notattempting to complete such a transaction. Any terms offered or described on thisWebsite from time to time may be different from those available at any given time to anycustomer or prospective customer.VirusesHester's Hollow does not assume any responsibility or risk for your use of the Internet and themyriad of risks it presents.We cannot and do not guarantee that the materials contained on this Website will be free ofviruses, worms, or other code or related hazards that may have destructive properties(collectively, “Viruses”). It is your responsibility to ensure that you have sufficient procedures,firewalls, checkpoints, and safeguards within your computer system to satisfy your particularrequirements to protect against Viruses.Limitations of LiabilityIN NO EVENT WILL HESTER'S HOLLOW, ITS AFFILIATES, OR THEIR RESPECTIVEEMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL,CONSEQUENTIAL, PUNITIVE, INDIRECT, OR SPECIAL DAMAGES, (INCLUDING LOSTPROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGALTHEORY, AND WHETHER OR NOT HESTER'S HOLLOW IS ADVISED OF THE POSSIBILITYOF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THEEXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTALDAMAGES, THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. IFTHE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FORANY REASON, AND IF HESTER'S HOLLOW IS HELD RESPONSIBLE BY ANY COURT,THEN THE MAXIMUM LIABILITY OF HESTER'S HOLLOW TO YOU FOR ANY TYPE OFDAMAGES WILL BE LIMITED TO THE AMOUNT YOU PAID HESTER'S HOLLOW FORGOODS OR SERVICES.DisputesIndemnificationYou shall indemnify, defend and hold harmless Hester's Hollow, its affiliates, and their respectiveofficers, directors, managers, agents, employees, and contractors from any losses or liabilitiesincluding reasonable attorneys’ fees and costs of suit, arising out of any claims, actions,demands, liabilities, and settlements, including third-party claims and causes of action, arisingout of or related to any one or more of the following: (1) your use of the Website or the Services;(2) information, including Submissions, that you submit, transmit, or otherwise make availablevia the Website; (3) your breach of these Terms; (4) your use of the intellectual property of athird party; (5) any investigations of or involving you or your conduct by Hester's Hollow, lawenforcement, or governmental authorities; (6) your violation of any applicable law; (7) UserGenerated Content submitted by you; (8) any use of your account or credentials to the extentnot resulting from our negligence; and (9) your use of this Website to investigate, initiate, orcomplete a customer transaction, if the offer or sale of any products, good, or services offeredthrough this Website is illegal in any jurisdiction to which you are subject.ReleaseYou, on behalf of your successors and assigns or heirs and personal representatives, as thecase may be, hereby irrevocably and fully release Hester's Hollow, its affiliates, and theirrespective officers, directors, managers, agents, employees, and contractors from and againstany and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages,losses, penalties or fines known or unknown, arising out of or in connection with information orSubmissions provided by third parties to, through, or in connection with the Website or Services.If you are a California resident, you expressly waive the provisions of California CivilCode §1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMSWHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THETIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVEMATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”Dispute ResolutionGoverning Law. Oklahoma law governs your use of the Website, the Services, and all disputes,claims, actions, suits, or other proceedings arising out of or related to the Website, the Services,these Terms, or the Privacy Policy.Dispute Resolution. The parties shall first use good-faith efforts to attempt to resolve anydispute, claim, or controversy arising out of or relating to the Website, the Services, theseTerms, or the Privacy Policy by negotiation before bringing any action, other than an action forpreliminary injunctive relief.Venue. Any mediation, dispute or court proceeding based on or arising out of the Website, theServices, these Terms, or the Privacy Policy must be brought in the state or federal courts sittingin Murray County, Oklahoma.Jurisdiction. You and Hester's Hollow hereby irrevocably consent to the personal jurisdiction bysuch courts. You and Hester's Hollow represent that such courts are a convenient forum.Time period for bringing claims. Regardless of any statute or law to the contrary, any claimunder these Terms or Privacy Policy must be brought within one (1) year after the cause ofaction arises, or such claim will be forever barred and deemed released.Fees and costs. The prevailing party in any action or proceeding under these Terms will beentitled to recover legal fees and other costs reasonably incurred in that action or proceeding, inaddition to any other relief to which the party may be entitled.Additional Provisions1. Entire Agreement. These Terms, together with the Privacy Policyhttps://www.hestershollow.com, constitute the entire agreement between you and Hester'sHollow governing the Website or Services and supersede any prior agreements orunderstandings, oral or written, between you and Hester's Hollow with respect to theWebsite or the Services. Each of us represents to the other that we are not relying on anyrepresentations or promises not set forth in these Terms or the Privacy Policy. You alsomay be subject to additional contractual terms that may apply if you use or purchasecertain Services of Hester's Hollow and enter into a separate agreement.2. Waiver. The failure of Hester's Hollow to enforce any right in these Terms or the PrivacyPolicy will not constitute a waiver of any right or provision.3. Severability. If any provision of these Terms or Privacy Policy is found by a court to beunenforceable for any reason, it will not affect any other provision, and these Terms orPrivacy Policy will be construed without regard to the unenforceable provision.4. Local Laws. The materials on the Website may not be appropriate or available for use inyour location. Persons who choose to access the Website do so on their own initiative andat their own risk and are responsible for compliance with local laws, rules, and regulationsapplicable to them. Hester's Hollow may limit the Website's availability, in whole or in part,to any person, geographic area, or jurisdiction.5. Relationship. These Terms do not create any partnership, joint venture, employeremployee, agency, or franchisor-franchisee relationship between the parties.6. Assignment. Hester's Hollow may assign these Terms or Privacy Policy and delegateany of its obligations.Updated: November 16, 2024Terms and Conditions of SaleThese terms and conditions of sale (the “Sale Terms”) are between you and , an Oklahoma soleproprietorship (“Hester's Hollow”) and effective as of the date of your purchase transaction (the“Purchase”).It is your obligation to review these Sale Terms before completing your Purchase. If you do notunderstand or have questions about the Sale Terms, please stop your Purchase and contact usat Aaron@HestersHollow.com.1.Sale. By completing your Purchase, you purchase from Hester's Hollow, and Hester'sHollow sells to you, the Products, subject to these Sale Terms.1.1.Cancellations. Your ability to cancel the Purchase depends on the specific details ofyour Purchase. Some Purchases may not be able to be canceled. To cancel, pleasecancel by signing into your account or contacting us at Aaron@HestersHollow.com.1.2.Definitions1.0.1.“Website” means the Hester's Hollow website located athttps://www.hestershollow.com.1.0.1.“Products” means the products that are the subject of the Purchase.2.Payments2.1.You shall pay the purchase price for the Products, plus all applicable sales taxes,shipping and handling fees, and other applicable fees or charges that have beendisclosed to you in connection with the Purchase during the checkout process.2.0.1.If you are exempt from sales taxes, or the Purchase is otherwise exempt fromsales taxes, you must provide Hester's Hollow with appropriate documentation,and Hester's Hollow shall use reasonable efforts to avoid collecting sales taxesfrom you.2.1.Shipping fees. Your Purchase is subject to the shipping fees set forth in your orderduring the checkout process. Additional shipping fees may apply if you are unable toaccept delivery or refuse delivery, or if the shipping address is incorrect. Hester'sHollow cannot calculate such potential additional fees in advance for every situation.2.2.We will charge your method of payment as disclosed to you and agreed to by youduring the Checkout Process.3.Warranties3.1.Warranty.3.0.1.The Products have a 30-day warranty for defects in materials or workmanship.3.0.1.If you have a warranty claim or you are otherwise dissatisfied with the Productsfor something not covered by the warranty, please contact us atAaron@HestersHollow.com, and we’ll see what we can do to help you.3.0.1.Disclaimers3.0.1.THE PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT ANYWARRANTY EXCEPT AS EXPRESSLY PROVIDED IN THESE SALETERMS. HESTER'S HOLLOW DISCLAIMS ANY OTHER EXPRESSAND ALL IMPLIED WARRANTIES TO THE MAXIMUM EXTENTPERMITTED BY LAW, INCLUDING THE WARRANTIES OFMERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.3.0.1.HESTER'S HOLLOW DISCLAIMS ANY LIABILITY ARISING OUT OFOR RELATED TO YOUR PURCHASE OR USE OF THE PRODUCTS IFTHE OFFER OR SALE OF THE PRODUCTS IS ILLEGAL IN YOURJURISDICTION.3.1.Returns/exchanges3.0.1.Damaged3.0.1.If your Products are damaged at the time of delivery, we will repair orreplace them free of additional charge.3.0.1.Please contact us at Aaron@HestersHollow.com, and we will coordinatethe return and repair/replacement process with you.3.0.1.If, however, risk of loss transferred to you before shipping, then you willbe responsible for arranging compensation for damages with the shippingcompany. Hester's Hollow shall use reasonable efforts to assist you inproving that the Products were not damaged when transferred to theshipping company.3.0.1.Defective3.0.1.If the Products are defective and still within the warranty period, we willrepair or replace them free of charge.3.0.1.The Company will pay shipping to return a defective product. Pleasecontact us at Aaron@HestersHollow.com, and we will coordinate thereturn and repair/replacement process with you.3.0.1.Wrong item3.0.1.If you received one or more incorrect items instead of the Products, wewill replace them free of additional charge.3.0.1.Please contact us at Aaron@HestersHollow.com, and we will coordinatethe return and replacement process with you.3.1.Exchanges and Returns. In some cases, you may be able to exchange a product orreturn it.3.0.1.For Products that are returned within 30 days days of purchase, you willreceive store credit for the returned Products.3.0.1.Please contact us at Aaron@HestersHollow.com, and we will coordinate thereturn and replacement process with you.3.0.1.Custom or personalized products may not be returned unless they aredamaged or defective.3.0.1.Products not returned in like-new condition may be subject to an adjustment inthe applicable refund amount for wear and tear.3.0.1.Products not returned in their original packaging, if applicable, may be subjectto an adjustment in the applicable refund amount for repackaging.3.0.1.The customer will pay shipping for a non-warranty return or exchange.4.Intellectual Property4.1.Rights4.0.1.Hester's Hollow owns all intellectual property rights relating to the Hester'sHollow brand and other content including: copyright, trademark, service mark,trade name, trade dress, logo, patents and patentable subject matter, tradesecrets, and data elements and other Content that has or provides the “lookand feel” of the Hester's Hollow brand image, as well as our own content,including the text, graphics, programming (including source and object code),photographs, video, or audio contained in, displayed on, or embodied in, theProducts (the “Intellectual Property”). Any other intellectual property not ownedby Hester's Hollow is the property of its respective owner or licensee, as thecase may be.4.0.1.We reserve all rights to all of our Intellectual Property. Your Purchase does notgrant you any rights or licenses relating to the Intellectual Property, except asexpressly provided for in these Sale Terms.4.0.1.You may not display, copy, modify, create derivative works of, sell, or distributeany of the Intellectual Property, separately from a resale of the entire Productas a single whole, or use it separately in any other way for public orcommercial purposes except in accordance with these Sale Terms.4.1.Submissions. Any information, materials, suggestions, ideas, or comments you sendto us (each, a “Submission”) that are not User Generated Content under the Terms,are deemed non-confidential. By sending us a Submission, you hereby grant, willgrant, and agree to grant us an irrevocable and unrestricted worldwide license touse, modify, reproduce, adapt, transmit, sell, license and sub-license, createderivative works from, publicly display, perform, and distribute the Submission forany purpose whatsoever (commercial or otherwise), in any form, media, ortechnology, whether now known or hereafter developed, alone or as part of otherworks, with no payment or other compensation to you. This grant includes the rightto use the Submissions and any ideas, concepts, or know-how contained in theSubmission for any purpose, including developing, manufacturing, distributing, ormarketing products or services. Hester's Hollow may use any such Submissionswithout obligation.5.Additional Terms5.1.Limitation of Liability. IN NO EVENT WILL HESTER'S HOLLOW, ITS AFFILIATES,OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTSBE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, ORSPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ONWARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, ANDWHETHER OR NOT HESTER'S HOLLOW IS ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOTALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIALOR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS SECTIONMAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELDINAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, AND IF HESTER'SHOLLOW IS HELD RESPONSIBLE BY ANY COURT, THEN THE MAXIMUMLIABILITY OF HESTER'S HOLLOW TO YOU FOR ANY TYPE OF DAMAGES WILLBE LIMITED TO THE AMOUNT YOU PAID HESTER'S HOLLOW FOR GOODS ORSERVICES.5.2.Indemnification. You shall indemnify, defend and hold harmless Hester's Hollow, itsaffiliates, and their respective officers, directors, managers, agents, employees, andcontractors from any losses or liabilities including reasonable attorneys’ fees andcosts of suit, arising out of any claims, actions, demands, liabilities, and settlements,including third-party claims and causes of action, arising out of or related to any oneor more of the following: (1) information, including Submissions, that you submit,transmit, or otherwise make available to us; (2) your breach of these Sale Terms; (3)any investigations of or involving you or your conduct by Hester's Hollow, lawenforcement, or governmental authorities; (4) your violation of any applicable law;and (5), if the offer or sale of the Products is illegal in your jurisdiction, your use ofthe Website to investigate, initiate, or complete a customer transaction.5.3.Dispute Resolution5.0.1.Governing Law. Oklahoma law governs your Purchase and all disputes, claims,actions, suits, or other proceedings arising out of or related to your Purchase orthese Sale Terms.5.0.1.Venue. Any mediation, dispute, arbitration, or court proceeding based on orarising out of the Purchase or these Sale Terms must be brought in the state orfederal courts sitting in Murray County, Oklahoma.5.0.1.Jurisdiction. You and Hester's Hollow hereby irrevocably consent to thepersonal jurisdiction by such courts. You and Hester's Hollow represent thatsuch courts are a convenient forum.5.0.1.Fees and costs. The prevailing party in any action or proceeding under theseSale Terms will be entitled to recover legal fees and other costs reasonablyincurred in that action or proceeding, in addition to any other relief to which theparty may be entitled.5.1.Entire Agreement. These Sale Terms and the terms of your Purchase chosen duringthe checkout process (the “Checkout Terms”) constitute the entire agreementbetween you and Hester's Hollow. These Sale Terms supersede the Hester's HollowTerms of Use and Privacy Policy to the extent of any conflicts between them andthese Sale Terms. Each of us represents to the other that we are not relying on anyrepresentations or promises not set forth in these Sale Terms or the CheckoutTerms.5.2.Waiver. The failure of Hester's Hollow to enforce any term in these Sale Terms willnot constitute a waiver of any term.5.3.Severability. If any provision of these Sale Terms is found by a court to beunenforceable for any reason, it will not affect any other provision, and these SaleTerms will be construed without regard to the unenforceable provision.5.4.Assignment. Hester's Hollow may assign these Sale Terms or the Checkout Termsand may delegate any of its obligations.