HER Digital Marketing

Terms and Conditions

Hannah Rice provides the content and services available on the website, www.hannaerice.com (“Site”) to you subject to the following Terms of Use, our Privacy Policy and other terms of use and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these Terms of Use (collectively, “Terms of Use”).

You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site nor register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE OUR SITE.


Services for Personal Use

You may order services from the Site by submitting a completed order form through the check-out procedure or ever the phone/zoom consultation.

We will confirm acceptance of your order by e-mail to the address you have given and the sending of this e-mail (whether or not it is received) makes the contract between us.

The services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms of Use.


Purchase Related Policies and Procedures

To view policies and procedures related to orders placed through this Site (such as order processing, handling, returns and exchanges), click here.


Modifications To The Service And Prices

Prices for our services are subject to change without notice.

We reserve the right at any time to modify or discontinue services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


Products and Services

Our Products and services are available online through the website and you may also request them over the phone/zoom consultation with us.

We have made every effort to display as accurately as possible the colors and images of the services that appear on our website. 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 and/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 and/or service that we offer. All descriptions/pricing of products and/or services are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any products and/or service at any time.

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 Service will be corrected.


Accuracy Of Billing And Account Information

We reserve the right to refuse any order 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 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 with us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


Accuracy of Information

We attempt to be as accurate as possible when describing our service on the Site. However, we do not warrant that the service descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.

This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing, availability and scope of service, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing, availability or scope of service information. We apologize for any inconvenience.


Intellectual Property

All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is our property or the property of our subsidiaries, our affiliates, partners or licensors, and is protected by United States laws, including laws governing copyrights and trademarks.

Except as set forth below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.


Limited Licenses; Use Restrictions

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:

  • Frame or utilize framing techniques to enclose the Site or any portion thereof;
  • Use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
  • Make any use of the Site or any Content other than for personal use; modify, reverse engineer or create any derivative works based upon the Site or any Content;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • “Stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
  • Intentionally violate any applicable local, state, national or international law;
  • Transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
  • Engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.”


We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the homepage of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms of Use.


Your Obligations and Responsibilities

By accessing or using the Site or any Content, you agree that you will comply with these Terms of Use and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms of Use, if you default negligently or willfully in any of the obligations set forth in these Terms of Use, you shall be liable for all the losses and damages that this may cause to us, our subsidiaries, affiliates, partners or licensors.


Third Party Links

We are not responsible for the content of any third-party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third-party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third-party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third-party websites you visit.


Affiliate Links

We may have a financial relationship with some of the companies we mention.

The Site may contain affiliate links, which means we may get compensated at no extra cost to you if you make a purchase through a link.

Our editorial content, including the opinion we express on products, services and merchants are not influenced in any way by advertisers or affiliate partnerships.

We only endorse products, services and merchants that we have personally investigated/used/tested and consider of the highest quality standard.

Please refer to our disclaimer for further information.

 

Copyright Infringement Notices

We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Site’s use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
  • Identification of the copyrighted work(s) that you claim has been infringed;
  • A description of the material that you claim is infringing and the location of that material on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • 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.


You can contact our designated agent for notifications of claimed infringement at: hello@hannaherice.com..


Disclaimer of Warranties; Limitation of Liability

The site and its content and services are presented “as is.” we make no representations or warranties of any kind whatsoever, express or implied, in connection with these site terms of use or the site or its contents or services.

You agree that we will not be responsible or liable in contact, warranty or in tort (including negligence) for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.

Further, we will not be liable in contract, warranty, or in tort (including negligence) for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability for such claims exceed one hundred dollars ($100.00).

You agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, the use of the site or these terms of use may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you are dissatisfied with the site, termination of your use of the site is your sole remedy. We have no other obligation, liability, or responsibility to you.


Indemnification

You agree to defend, indemnify and hold us, our subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms of Use, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.


Disputes

With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms of Use shall be governed by the laws of Kentucky, as if the Terms of Use were a contract wholly entered into and wholly performed within Kentucky. Any dispute relating in any way to your visit to the site, these site terms of use, or the relationship between the parties (other than claims related to the intellectual property rights of Hannah Rice or our affiliates, subsidiaries or licensors or claims in equity) shall be submitted to confidential arbitration in Kentucky and you agree to submit yourself to the jurisdiction and proceedings thereof. Arbitration means that an arbitrator(s) will decide the claim, and you will not have the right to sue in court or to have a judge or jury decide your claim. Your rights to prehearing exchange of information and appeals may also be limited in arbitration. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.


Consent to Receive Notices Electronically by Posting on the Site and Via Email

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms Of Use refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at hello@hannaherice.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms of Use, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.


General

You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms of Use is at the bottom of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms of Use. We may, with or without prior notice, terminate any of the rights granted by these Terms of Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole but these Terms of Use shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms of Use are for convenience only and shall not be used in its interpretation.

If you have any questions regarding these Terms of Use, please email us at hello@hannaherice.com.

Notification of claimed non-compliance with either the GDPR or CCPA should be sent via email to the designated Data Protection Officer at hello@hannaherice.com or via U.S. Mail addressed to Hannah Rice – Data Protection Officer, 147 E 42nd Street Unit 1, Covington, KY 41015, United States of America.

Last Update: May 2023.

Spam Policy

Hannah Rice (also referred to as “us”, “we”, “Site”, “Website” or “the Company”) does not condone nor support spam (i.e., unsolicited commercial e-mail) because it wastes precious time and resources. Spam also diminishes the overall value and effectiveness of e-mail communications. As a result, neither us nor any website, affiliate, member or customer is permitted to send unsolicited e-mail communications to people who have not requested them to do so or to whom a preexisting relationship does not exist by using, harvesting or otherwise obtaining information associated with www.hannaherice.com (the “Website”) in order to transmit any e-mail communication. It shall be a violation of this Spam Policy and the Terms of Use (“TOU”) for any customer, member, website or affiliate to do so. Violation of this Spam Policy and/or the TOU can, at our sole and absolute discretion, result in account termination and/or the restriction of access rights to the Website.

 

Why you may have received unsolicited e-mails or e-mails from unfamiliar senders?

On occasion, you may receive what appears to be an unsolicited e-mail or an e-mail from a sender you do not know. Depending on the circumstances, these e-mails may or may not violate this Spam Policy or the TOU. For instance, the following are examples of permissible circumstances under which a potentially unsolicited e-mail or an e-mail from an unknown may have been received by you:

  • You may have signed up for an associated website’s and/or affiliate’s newsletters, promotions or services and have forgotten having done so;
  • You have an existing relationship (i.e., purchased something or use certain services) with an associated website and/or affiliate; and/or
  • Someone may have signed you up to receive an associated website’s and/or affiliate’s newsletters, promotions, services or e-mail communications without permission to do so.

Under the foregoing scenarios, the e-mail communication received would not violate the Company’s Spam Policy or TOU because it would have been authorized, or at least appear to have been authorized, by you or there is an existing relationship between you and the sender. Despite these circumstances, however, you may wish to stop receiving these e-mail communications.

 

What you can do to stop receiving unwanted e-mail communications

The first thing you can do is see if the unwanted e-mail communication contains a hyperlink at the bottom of the message for opting out of or removing your e-mail address from future e-mail transmissions. If so, click on the hyperlink at the bottom of the message that is designated for opting out or removing you from further e-mail transmissions from the sender in order to stop receiving them in the future. If you click on the “unsubscribe” link at the end of a message sent by the Company or an associated website, you will be automatically removed from the customer subscriber list used to generate the e-mail communication.

Circumstances may arise where you have received spam in violation of this Spam Policy and the TOU. To report abusive e-mail activity, please send an e-mail to hello@hannaherice.com that provides a description of the e-mail content, subject matter and sender’s identity so the Company can investigate the matter and, if warranted, appropriate action can be taken.

 

How the Company protects against spam originating from its servers

The Company takes several steps to protect its online community from spam originating from its servers. To begin with, the Company only sends e-mail communications those who have provided their e-mail address and have indicated an interest in receiving future offers, newsletters, promotions and other information. Next, the Company carefully guards the information provided by its members and customers. For instance, e-mail addresses provided to the Company are securely maintained and access to this information is restricted. Furthermore, the Company endeavors to personalize its e-mail communications with information that demonstrates an existing relationship with those who receive e-mail messages from it.

The Company also does not allow any associated website or affiliate to send offers, newsletters, promotions and other information to those who have not requested them. Any such e-mail communications violate this Spam Policy and the TOU.

Moreover, the Company uses specific tools to make sure no one is signed up to a newsletter against their wishes. The Company additionally provides opt out or removal hyperlinks at the bottom of its outgoing e-mail communications.

The Company takes every reported spam incident seriously. In doing so, the Company carefully considers each reported spam incident in view of the customer or member’s cumulative behavior while using the Website and its related services or features.

 

What happens when an associated website or an affiliate is accused of spamming?

The Company takes the following steps if it receives a spam complaint involving an associated website or an affiliate:

1) The Company immediately checks to see if the associated website or affiliate is receiving an inordinate number of spam complaints, which may indicate a breakdown in protocol or some other procedure that requires corrective action;

2) If, after reviewing the spam complaints, the Company finds a mailing list to be compromised or questionable, it will restrict access by the website or affiliate in question until it is provided with an affidavit sufficiently attesting that the website or affiliate is in compliance with the Company’s Spam Policy and that it is not sending spam. An authorized representative of the website or affiliate must sign the affidavit and its contents must be approved by the Company before any services or access is reinstated; and

3) The Company will not do business with any website or affiliate that refuses to agree to the Spam Policy, the TOU or any other agreement required by it. Moreover, the Company reserves the right, which may be exercised in its sole discretion, to terminate any business relationship with a website or affiliate that violates the Spam Policy or the TOU whether or not action is allegedly taken to remedy the circumstances giving rise to the violation.

 

Why a website or an affiliate named in a spam complaint is not simply cut-of

Some may believe that the Company should immediately cut-off a website or an affiliate that is named in a spam complaint. The Company has decided against doing so. This is because the Company believes that such action would compromise legitimate e-mail Website-related communications and that it would be unfair to its members/customers. A number of possible scenarios exist whereby a website or an affiliate might be accused of sending spam e-mail communications despite having complied with the Spam Policy and TOU. In some cases, a spam complaint might be made by a disgruntled employee, dissatisfied customer or competitor seeking to disrupt Website access for an ulterior, improper purpose. Moreover, in many other cases, the Company may receive a spam complaint from someone who has simply forgotten he or she signed up to receive an e-mail communication from a website or an affiliate.

In short, the Company must investigate, evaluate and judge each spam complaint on its merits. The Company would not be effectively serving its members/customers by immediately refusing to do business with anyone before it has an opportunity to investigate and consider the circumstances of a spam complaint.

 

Changes to Spam Policy

The Company, in its sole and absolute discretion, may change, alter, amend or modify this Spam Policy without notice to members, customers, affiliates and others by posting a copy of the newly operative version on the Website. All members, customers, affiliates and others that are subject to the Company’s Spam Policy shall be obligated to familiarize themselves with its terms and conditions together with periodically reviewing the Spam Policy posted on the Website for any changes, alternations, amendments or modifications to it.

 

How can I ask questions or raise concerns about the Spam Policy?

Please send any questions or concerns about the Spam Policy via e-mail to: hello@hannaherice.com.

 

Notification of claimed non-compliance with either the GDPR or the CCPA should be sent via email to the designated Data Protection Officer at hello@hannaherice.com or via U.S. Mail addressed to Hannah Rice – Data Protection Officer, 147 E 42nd Street Unit 1, Covington, KY 41015, United States of America.

 

Last Update: May 2023.

Book a call for...