WEBSITE TERMS OF USE

Last Modified: July 20, 2024


These terms and conditions (“Terms of Use” or “ToU”) govern the use of www.ashleyeaster.com (the “Website”).  This Website is owned and operated by Ashley Easter, LLC, headquartered in North Carolina (“We”, “us”, or “our”).  Owner contact email: support@ashleyeaster.com

          

By accessing and using this Website, you indicate that you have read and understand these ToU and agree to abide by them at all times.  Acceptance of these ToU is a portion of the consideration required for your right to use our Website.  Only by accepting these ToU do you have the right to use our Website.  Accessing, visiting, viewing, using, or communicating with our Website is construed as your acceptance of these ToU.  If you do not agree with these ToU, please do not engage any further with our Website.  


These ToU cover all users of this Website.  In the event that a person is excluded from our Website under these ToU or under our Program Terms of Service or from a denial of service by the Website, who nevertheless unlawfully visits the Website, that person remains subject to these ToU.  


THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

1. Persons Under 18 Years of Age Are Restricted From This Website.  

The minimum age to use our Website is 18 years old.  By using this Website, users agree that they are over 18 years of age and/or have the explicit consent of their parent(s) or legal guardian to use this website.  If you are under 18, do not use this Website without the explicit consent of your parent(s) or legal guardian.  We do not assume any legal responsibility for false statements regarding age or parental consent.


2. Intellectual Property.

All content published and made available on our Website is the property of Ashley Easter, LLC and its creators.  This includes, but is not limited to images, text, logos, documents, downloadable files and anything else that contributes to the composition of our Website.


3. Acceptable Use.    

As a user of our Website, you agree to use our Website for legal purposes only, and you agree not to:

  1. Harass or mistreat other users of the Website;

  2. Violate the rights of other users of the Website;

  3. Violate the intellectual property rights of the Website owners or any third party to the Website;            

  4. Act in any way that could be considered fraudulent; 

  5. Act in any way that would compromise the security of the Website; 

  6. Post or submit any comments, communications, suggestions, ideas, questions, or other information that may be deemed as inappropriate, offensive, trolling, spam, or as unauthorized advertising or commercial solicitation;

  7. Post or submit any material that is threatening, objectionable, illegal, obscene, defamatory (to us or anyone else), invasive of privacy or intellectual property rights, or otherwise injurious to us or third parties; 

  8. Post or submit any material that contains malware, software viruses, or spam, including political campaign material, chain letters, or mass mailings; or

  9. Use false e-mail addresses, impersonate anyone, or otherwise mislead.

If we believe you are using our Website illegally or in a manner that violates any of these ToU, we reserve the right to limit, suspend, or terminate your access to our Website.  We also reserve the right to take any necessary legal steps to prevent you from accessing our Website. 

4. Privacy.

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.


5. Visitors, Registered Users, and Clients.

Any user who voluntarily signs up for more information (e.g., newsletters, promos, bonus materials, etc.,) or who purchases a product, service or program through the Website, is agreeing to these ToU, our Privacy Policy and our Program Terms of Service (PToS), as well as any other additional terms agreed to when purchasing our products, services or programs.


6. Third-Party Goods & Services, Affiliate Links, and Compensation Disclosure. 

Our Website may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Website. 

We may enter into affiliate relationships with third parties and may provide links to third-party services or products on our website and in our email marketing.  We may receive compensation through these affiliate relationships, including when our Website users purchase services or products via such links. 


7. Links to Other Websites. 

Our Website contains links to third-party websites or services that we do not own or control. We explicitly disclaim any responsibility for the accuracy, completeness or availability of the information, content, and materials found on sites that link to or from our Website.  We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Website.  It is your responsibility to read the terms and conditions and privacy policies of third-party websites before using those sites. 

8. Limitation of Liability and Disclaimer of Warranties. 

ASHLEY EASTER, LLC AND OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY ACTIONS, CLAIMS, LOSSES, DAMAGES, LIABILITIES AND EXPENSES INCLUDING LEGAL FEES FROM YOUR USE OF OUR WEBSITE.  YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY CONTENT HEREIN IS AT YOUR OWN RISK. 

THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS.”  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.  WE DO NOT WARRANT OR REPRESENT THAT THE CONTENT (INCLUDING USER-GENERATED CONTENT) ON OUR WEBSITE IS ACCURATE OR COMPLETE OR CURRENT.  WE DO NOT WARRANT OR REPRESENT THAT WE HAVE A DUTY TO UPDATE ANY CONTENT; THAT THE CONTENT IS FREE FROM ERRORS OR DEFECTS; THAT THE CONTENT IS FREE FROM CHANGES CAUSED BY THIRD PARTIES; OR THAT YOUR ACCESS TO OUR WEBSITE WILL BE FREE FROM INTERRUPTIONS, ERRORS, COMPUTER VIRUSES, OR OTHER HARMFUL COMPONENTS.  WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE, OR ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.  WE DO NOT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVERS THAT HOST SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.  WE DO NOT ASSUME ANY LIABILITY FOR THESE MATTERS, AND UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.  

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT, OR MATERIALS YOU MAY TO GIVE TO ANY THIRD PARTY LINKED TO OUR WEBSITE.  YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT, AND MATERIALS CONTAINED ON THE WEBSITE OR ON THIRD-PARTY WEBSITES, AND ANY PERSONAL INFORMATION, CONTENT, AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD-PARTY WEBSITES.  PLEASE TAKE CARE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY. 

THE WEBSITE AND PRODUCTS, SERVICES OR PROGRAMS CONTAINED HEREIN ARE NOT SUBSTITUTES FOR ANY PROFESSIONAL ADVICE OR TREATMENT.  ASHLEY EASTER, LLC  PRODUCTS AND SERVICES MAY NOT BE SUITABLE FOR EVERYONE.  WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY ACTION TAKEN BY A USER OF OUR WEBSITE FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE, AND SHALL NOT HAVE ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH.  FOR SPECIFIC CONCERNS, QUESTIONS, OR SITUATIONS REQUIRING PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD, WITHOUT DELAY, CONSULT WITH AN APPROPRIATELY TRAINED, QUALIFIED, AND LICENSED PROFESSIONAL. 

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.  YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTIONS AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.  

YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND SHALL NOT BE IN ANY WAY BE RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE INTERNET, THIS WEBSITE, AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU. WE WILL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE, WHETHER BY US OR ON OUR BEHALF, FOR ANY ECONOMIC LOSS, ANY LOSS OF GOODWILL OR REPUTATION, ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY LOSSES OR DAMAGES, IN ANY CASE, WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE WITHIN THE CONTEMPLATION OF EITHER PARTY AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. 

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM THE USE OF OR ANY INABILITY TO USE THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF, OR FROM ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.  

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.  WHERE CERTAIN STATE LAWS DO NOT ALLOW CERTAIN EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

9. Indemnity. 

Except where prohibited by law, by using this Website you indemnify and hold harmless Ashley Easter, LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Website or your violation of these ToU. 


10. Applicable Law. 

These ToU are governed by the laws of the State of North Carolina.

11. Dispute Resolution. 

Subject to any exceptions specified in these ToU, if you and Ashley Easter, LLC are unable to resolve any dispute through informal discussion, then you and Ashley Easter, LLC agree to try in good faith to settle the dispute through mediation administered by the American Arbitration Association (“AAA”).  If the dispute cannot be settled through mediation, it shall be settled by arbitration administered by the AAA, and judgment on the award rendered by the arbitrator(s) shall be final and may be entered in any court having jurisdiction thereof.  You agree that should mediation and/or arbitration take place, it will be held in North Carolina. 

In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled to costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. 

Notwithstanding any other provision in these ToU, you and Ashley Easter, LLC agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement. 

12. Severability. 

If at any time any of the provisions set forth in these ToU are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these ToU.  All other provisions will not be affected by the removal and the rest of these ToU will still be considered valid.  If the Court finds that any provision of these ToU is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

13. Waiver.

No waiver of any of the provisions in this ToU by Ashley Easter, LLC shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 

14. Miscellaneous.

The subject headings in this ToU are provided for convenience only and shall not alter the construction or interpretation of any of its terms or provisions.

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these ToU or your use of the Website. 

Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. 

The Website is based in the United States. Whether you are located inside or outside of the United States, you are solely responsible for ensuring compliance with all applicable laws of your specific jurisdiction.

You agree that communications that we send electronically may be provided to you by email (which may include attachments), on our Website, and/or by text message.  You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

15. Changes to the Website and Terms of Use. 

We reserve the right to modify or take down, temporarily or permanently, the Website (or any part of it) with or without notice to you.  We shall not be liable to you or any third party for any change to or retirement of the Website.  You will not be eligible for any compensation because you cannot use any or all parts of the Website.

These ToU may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Website and the way we expect users to behave on our Website.  We will notify users by posting a notice of these changes on our Website.  If you do not agree to any changes made to these ToU, you may not further engage with our Website. 

16. Contact Details 

Please contact us by email to support@ashleyeaster.com if you have any questions or concerns regarding these Terms of Use.