Welcome to realandinspiring.com. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE.
GENERAL OVERVIEW
This website www.realandinspiring.com is owned and operated by Real & Inspiring, LLC. Throughout the Site, the terms “we”, “us”, “company”, and “our” refer to Real & Inspiring, LLC. Real & Inspiring, LLC offers this website (this “Site"), including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
USAGE
By visiting our Site, registering your email, purchasing something from us or engaging in any other transaction, whether automated or otherwise, you engage in our “Service” and agree that you are acting as an individual to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. The use of this Site is for personal use only. In using this Site, you agree not to:
- Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us;
- Infringe upon any intellectual property rights or the intellectual property rights of others
- Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, insulting, defamatory, threatening, vulgar, sexually explicit, hateful, discriminatory or otherwise objectionable material of any kind;
- Submit false or misleading information, misrepresent your identity or affiliation in any way;
- Violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- Collect or track the personal information of others through any means, including but not limited to spamming, phishing, pharming, pretexting, spidering, crawling, or scraping for any purpose;
- Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
- Assist, solicit or permit any persons in engaging in any of the activities described above.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
INTELLECTUAL PROPERTY RIGHTS
This Site and all the materials available on the Site, including but not limited to the design, images, text content, trademarks, service marks, logos, and overall layout, whether registered or unregistered, are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The Site is provided solely for your personal noncommercial use. Anyone who claims, displays, distributes, reproduces copies, modifies, republishes, posts, transmits, translates, sells, exploits, distributes, creates derivative works, or the like for commercial or noncommercial purposes without the prior written permission of Real & Inspiring, LLC is in violation of intellectual property laws and is liable for infringement. You may, however, on occasion, print one copy of individual pages of the Site or download the use of one copy for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If you establish a hypertext link to the Site, you may not state or imply any sponsorship of your Site by us or by the Site.
You may not frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property without our prior written permission.
Permission for all uses of materials must be obtained in advance. Requests should be submitted via an email to hello@realandinspiring.com.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Real & Inspiring, LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
If, at our request, you send certain specific submissions (for example story entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You are responsible for any material you transmit to or through the Site, including but not limited to, posts, verbal or electronic submissions, emails, comments, blog entries, photos and videos. You agree, represent and warrant that any information you transmit to or through the Site or to us as described, is accurate, truthful, not misleading, and offered in good faith. You also agree to the following:
- You are the owner of the material or have the consent of the owner of the material to use or submit the material to us.
- You are at least 13 years of age.
- You are granting us and anyone authorized by us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, exploit, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. You grant Real & Inspiring, LLC and sublicenses the right to use the name that you submit in connection with such content, if we choose.
- You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
The information you submit or that is otherwise collected from you, is subject to Real & Inspiring, LLC's privacy policy.
ECOMMERCE
Our products and services are offered on an “as is,” “where is,” and “where available” basis, with no warranty of any kind — whether express, implied, or statutory — including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular purpose. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
Except as specifically provided in this agreement or where the law requires a different standard, you agree that we are not responsible for any loss, property damage, or bodily injury, caused by the use of our products. To the maximum extent permissible under applicable law, we will not be responsible to you or any third party claims through you for any direct, indirect, special or consequential, economic or other damages arising in any way out use of our products.
All orders placed through this Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you, or anyone else. If your payment method has already been charged for an order that is later cancelled, we shall issue you a refund.
PRODUCTS & SERVICES
Real & Inspiring, LLC attempts to be as accurate as possible on product or service descriptions. However, Real & Inspiring, LLC does not warrant that product or service descriptions or other content of any product or service is accurate, complete, reliable, current, or error-free. Occasionally there may be information on our Site or in the product or service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the product or service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Terms of Service.
We have made every effort to display as accurately as possible the colors and images (if applicable) of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the product or service will be corrected.
The prices of our products are those specified on the Site at the time of order. You shall also be responsible for the payment of all sales tax and shipping fees associated with our products.
All sales are billed in United States Dollars (“USD”) as required by law.
You shall pay by either Credit Card or PayPal.
REFUND POLICY
A) Physical Products. We agree that there are no refunds for physical products purchased. For physical products, you shall be responsible for the full payment price and understand that your payments are non-refundable.
B) Digital Products. All digital products and/or services offered by the Site contain their own Refund Policy. Please refer to each digital product or service’s individual refund policy for that relevant information.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
In the event that one of our products sold is mistakenly listed at an incorrect price, we may, at our discretion, either contact you for instructions before shipping/delivering or cancel your order. If your payment method has already been charged for the purchase and your order is cancelled, we shall issue a credit to your payment method account.
We reserve the right to refuse any order or submission you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made.
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates when applicable, so that we can complete your transactions and contact you as needed.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
This Site is provided on an "as is" basis without warranties of any kind. To the fullest extent permissible pursuant to applicable law, Real & Inspiring, LLC disclaims all representations and warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Real & Inspiring, LLC does not endorse, warrant or guarantee any product or service offered by a third-party through this Site and will not be a party to or in any way monitor any transaction between any user and third-party providers of products or services.
We do not guarantee, represent or warrant that your use of our Site or service(s) will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Site or service(s) for indefinite periods of time or cancel the Site or service(s) at any time, without notice to you. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Real & Inspiring, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, 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, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
PERSONAL INFORMATION
If you elect to sign-up for a particular feature of the Site, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name, email address, and mailing address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Your submission of personal information through the store is governed by our Privacy Policy.
THIRD-PARTY LINKS
The Site may provide links and pointers to Internet websites maintained by third parties. If you use these links, you will leave this Site. Real & Inspiring, LLC is not responsible for the content on these other websites, or for any viruses or other potentially damaging elements encountered in linking to the third-party websites. Our linking to such third-party websites does not imply an endorsement or sponsorship of such websites, or the information, products or services offered on or through the websites. The terms of this Site do not apply to any other websites not owned or controlled by Real & Inspiring, LLC.
THIRD-PARTY CONTENT
This Site contains content supplied by third-parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third-parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Real & Inspiring, LLC. Neither Real & Inspiring, LLC, nor any third-party provider of information, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. The content available through Real & Inspiring, LLC represents the opinions and judgments of the respective third-party information provider or user, and not of Real & Inspiring, LLC.
THIRD-PARTY ORDERS
The Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a website linked to by the Site, the information obtained during your visit to that merchant’s online store or website, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services.
INDEMNIFICATION
You agree at all times to indemnify, defend and hold harmless Real & Inspiring, LLC and subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
DISPUTES
Any dispute or claim relating in any way to your use of any Real & Inspiring, LLC product or service, or to any products or services sold or distributed by Real & Inspiring, LLC will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these conditions of use as a court would.
To begin an arbitration proceeding or to send a subpoena, you must send a letter to our registered agent. Send letters to United States Corporation Agents Incorporated, C/O Real & Inspiring, LLC, 7300 Hudson Blvd North Suite # 200, Oakdale, MN 55128.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
GOVERNING LAW
This Site is controlled and operated by Real & Inspiring, LLC from its office within the State of Minnesota, United States of America. Real & Inspiring makes no claim or representation that the Site or materials on the Site are appropriate or available for use in other locations. Users who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to hello@realandinspiring.com. We respond quickly to the concerns of rights owners about any alleged infringement.
Please provide us with this information:
- Contact person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that is in question;
- Location of the Site in which the copyrighted work is in question;
- Contact information, including address, telephone number, and e-mail address;
- A statement by you that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
See the Disputes section for more detailed information.
CONTACT INFORMATION
If there are any questions regarding these Terms of Service, you may contact us at:
Real & Inspiring, LLC
14870 Granada Avenue #1025
Apple Valley MN 55124
612-315-9877
