Terms and Conditions

Last updated: September 19, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

Words that start with a capital letter have the meanings described below. These definitions apply to both singular and plural forms.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Country refers to: Washington, United States

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to itsnotallcherry.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

• Service refers to the Website.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• Website refers to itsnotallcherry, accessible from http://www.itsnotallcherry.com

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These Terms and Conditions outline how you can use this Service and the rules between you and the Company. They explain your rights and responsibilities as a user. To access and use the Service, you must accept these Terms. They apply to everyone who uses the Service. If you do not agree with any part, you cannot use the Service. You must be at least 18 years old; the Company does not allow anyone under 18 to use the Service. Your access to the Service also depends on agreeing to the Company's Privacy Policy, which details how your personal information is handled. Please read the Privacy Policy carefully before using the Service.

Intellectual Property

The Service and its original content, excluding what you or others provide, are owned by the Company and its licensors. The Service is protected by copyright, trademarks, and other laws in this country and abroad. You cannot use our trademarks or branding with any product or service without written permission from the Company.

Your Feedback to Us

You give the Company full rights to any Feedback you share. If that doesn't work, you let the Company use, share, and modify your Feedback without limits, forever, for free, worldwide.

Links to Other Websites

Our service may include links to websites or services not owned by us. We do not control or take responsibility for their content, privacy practices, or what they do. You agree that we are not liable for any damages or losses related to these third-party sites or services. We recommend that you read the terms and privacy policies of any third-party sites you visit.

Termination

We can stop or pause your access right away, without warning or responsibility, for any reason, especially if you break these Terms and Conditions. When we terminate it, you will instantly lose your right to use the Service.

Limitation of Liability

If you suffer any damages, the Company's total responsibility and your only solution will be limited to the amount you paid for the Service or $100 if you haven't made any purchases.

To the fullest extent allowed by law, the Company and its suppliers are not responsible for any special or indirect damages, including loss of profits, data, business interruptions, personal injury, or privacy issues related to using or not being able to use the Service or any third-party software or hardware. This applies even if the Company or suppliers were warned about the possibility of such damages or if the solution does not work.

Some states don't allow waiving implied warranties or limiting liability for unexpected damages, so some of the above limits might not apply. In those states, each party's liability will be limited as much as the law allows.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE," with no guarantees. To the fullest extent allowed by law, the Company and its partners do not promise anything about the Service, including quality or suitability for your needs. There’s no assurance that the Service will meet your needs, work with other software, run smoothly, or be free of errors, or that any issues will be fixed.

The Company and its providers do not guarantee anything about the Service, including: (i) whether it works or is available; (ii) whether it will run smoothly or without errors; (iii) the accuracy or reliability of any information provided; or (iv) that the Service, its servers, content, or emails are free from harmful software.

Some places do not allow limiting certain warranties or consumer rights, so some exclusions may not apply to you. However, in that case, the exclusions and limitations here will be enforced as much as the law allows.

Governing Law

The laws of the country, except for its conflict of law rules, will apply to these Terms and your use of the Service. Your use of the Application may also follow other laws at local, state, national, or international levels.

Disputes Resolution

If you have any concerns or issues with the Service, please try to resolve them by contacting the Company first.

For European Union (EU) Users

If you live in the European Union, you will receive the legal protections required by your country.

United States Legal Compliance

You confirm that (i) you are not in a country blocked by the United States or labeled as supporting terrorism, and (ii) you are not on any U.S. government list of banned or restricted individuals.

Severability and Waiver

Severability

If any part of these Terms is found to be invalid, it will be adjusted to meet its purpose as much as possible by law, and the rest will still apply fully.

Waiver

If a party doesn't enforce a right or demand an obligation under these Terms, it doesn't lose the ability to do so later. Also, waiving one breach doesn't mean that future breaches are waived as well.

Translation Interpretation

These Terms and Conditions may be translated if we provide them on our Service. In case of a dispute, the original English text will take priority.

Changes to These Terms and Conditions

We can change these Terms whenever we want. If it’s a big change, we’ll try to let you know at least 30 days before it happens. What counts as a big change is up to us. If you keep using our Service after the changes, you agree to the new terms. If you don’t agree, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

·         By email: lorelee@itsnotallcherry.com