From The Hardt ™ Terms of Use 

Updated June 1, 2010

The From The Hardt reserves the right to change, modify, add, or remove portions of these terms at any time. You agree to check these Terms and Conditions ("Terms") periodically for changes. Your continued use of our website following the posting of changes to these Terms, including the Privacy Policy, will mean you accept the changes. You represent and warrant to Company that you will fully comply with our Terms and Conditions of Use and Privacy Policy. If you do not agree with the terms, please do not use the Website. The Terms outline the legal obligations of Company and you, the user, and also outline what you can and cannot do while accessing the Site and Services.

Our Privacy Policy outlines our policy to respect the privacy of users. Please be sure to read our Privacy Policy. This is incorporated by reference into the Terms of Use. 

Currently our Site and Services are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

Membership and Account Ownership. You agree not to provide any false information on the Site or Services, or to create an account for anyone other than yourself. Your account is personal to you, and it is your responsibility to keep your account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this security obligation. You agree to notify FROM THE HARDT immediately if there is any unauthorized use of your account. You agree to keep your account information and Profile up dated and accurate.  

 
For your privacy and security, we highly recommend that you use a longer password consisting of a mix of lower and upper case letters including numbers and signs.

Payments. We recognize the importance of your privacy and employ SSL during transactions. We use Paypal as our payment processor. Please refer to their website's Privacy Policy and Terms of Use. 

Rights and Restrictions on Use. You shall use the Site and Services for lawful purposes only. You shall not post, submit, or transmit any material that (i) violates or infringes in any way upon the rights of others, including but not limited to, any intellectual property rights, the right of privacy, or publicity: (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You are prohibited from using the Services to facilitate mail abuse or unsolicited email of any type (Spam). You further agree that you will not use the Site or Services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability.  

Submissions and Orders. Any information submitted to From The Hardt, the Site or Services, will be deemed NOT CONFIDENTIAL if sent to us as part of an order, or if available for viewing by others. (Please refer to our Privacy Policy for additional information.) By submitting a design or photo, you warrant and represent that you own or otherwise control all of the rights to your submission as described in these Terms including, without limitation, all the rights necessary for you to provide, upload, print or submit your submissions. Unless otherwise specified, From The Hardt does not claim ownership of your submissions. However, by uploading, inputting, providing or submitting ("Submitting") your submission you are granting From The Hardt permission to use your submission in connection with the fulfillment of your order. You grant From The Hardt an unrestricted, irrevocable license to use, modify, reproduce, transmit, and distribute via our Site or Services, or in print, any information you send us, for the purposes outlined within the context of your submission and order.   

Copyright and Intellectual Property. In addition to the warranty and representation set forth above, by submitting a photo or design, you warrant and represent that (a) you are the copyright owner of your submission or you have the permission of the copyright owner, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms and (c) your Submission will not violate the intellectual property, publicity, privacy, or other rights of any individuals or entities. You acknowledge that From The Hardt is not responsible for any errors not recognized by you during the pre-approval proof stage and that it is your sole responsibility to ensure the accuracy of any submissions and proofs. All submissions, whether publicly posted or privately transmitted, are the sole responsibility of the persons from whom such submissions originated. This means that you, and not From The Hardt, are entirely responsible for all submissions that you Submit to the Site or through our Services. You are prohibited from Submitting any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, From The Hardt will have no liability related to such submissions.  

Design Work. Design work ("Design") requested by customers will be considered a Work Made For Hire under the U.S. Copyright Act, 17 U.S.C. § 101 et seq. and shall be owned by Hardt to Hardt, Inc. In the event that any Design or portion thereof created is not construed to be a Work Made For Hire, You hereby assign to the Company all right, title, and interest in such Design or portion. You agree that You have no proprietary interest in any Design, including but not limited to any copyright, trademark and trade secret rights. Any rights in the work or photos submitted by You to Company shall remain with You, and From The Hardt shall make no claim to any rights to your Submissions.

Copyright Infringement. From The Hardt will investigate notices of copyright infringement and take appropriate actions under applicable local law including, in the United States, the Digital Millennium Copyright Act. If you have any questions or concerns regarding the DMCA, please contact us at privacy@fromthehardt.com.  

Linking Sites. Links in the Site and Services may allow you to leave our Site or Services. Linked sites are not under our control and we are not responsible for the content available there. We are providing these links to other websites as a convenience to you, and access to any other website linked to the Site or Services is visited at your own risk. The inclusion of a link does not imply a recommendation or endorsement by us of the linked website. This includes all affiliates. Please refer to the terms of use and privacy policy for each site visited.  

DISCLAIMER OF WARRANTIES. THE MATERIALS AND THE INFORMATION OFFERED ON AND IN THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FROM THE HARDT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE SITE. FROM THE HARDT DOES NOT WARRANT THAT THE SITE, COMPUTER SYSTEMS OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT FROM THE HARDT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU AGREE THAT NEITHER FROM THE HARDT NOR ITS AFFILIATED OR RELATED ENTITIES, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, INFORMATION OR OPINIONS PROVIDED ON AND THROUGH THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  

FROM THE HARDT DOES WARRANT THAT THE PRODUCT PURCHASED BY YOU THROUGH OUR SITE WILL COMPLY WITH YOUR ORDER PROOF. 

LIMITATION OF LIABILITY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS, DEMANDS AND LIABILITIES, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE OR ANY SERVICES PROVIDED BY COMPANY. THE ENTIRE LIABILITY OF COMPANY, ITS OFFICERS, PROVIDERS, AND AUTHORIZED AGENTS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.  

Intellectual Property and Copyright Notice. This Site and Services are controlled and operated by Hardt To Hardt, LLC. Our materials and information on the Site and Services, including, but not limited to, images, text, data, illustrations, audio, video files, and the selection, coordination and arrangement of such materials (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by Company or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Site and/or Services are the property of their respective owners. Except as expressly authorized herein, material from the Site and from the Services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.  

Minors. From The Hardt does not knowingly collect information from anyone under the age of 18. Our Site and Services are directed at those who are over the age of 18. If someone is under the age of 18, they should only use this Site and Services under the supervision of an adult.  

Indemnification. You agree to indemnify Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the provisions of these Terms.

Choice of Law and Jurisdictional Issues. These Terms, including but not limited to the Privacy Policy, shall be governed by the laws of the State of North Carolina, without regard to principles of conflicts of law. You submit to the exclusive personal jurisdiction of the state and federal courts located in Mecklenburg County, North Carolina, and the Western District of North Carolina. These Terms of Use, including the Privacy Policy and any supplemental terms, policies, rules and guidelines posted on the Site, constitute the entire agreement between you and From The Hardt. If any part of these Terms of Service is held invalid or unenforceable, the remaining portions shall remain in full force and effect. 

Assignment and Succession. Notwithstanding any other provision of these Terms, From The Hardt, its successors and assigns may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

Refunds. Because we endeavor to keep our costs low, we ask that you thoroughly review your order prior to submitting it. Refunds are rare; however, in the event you are not fully satisfied with your order, you may request a refund. Refunds will be granted based upon a deduction of reasonable costs incurred during design, production and distribution, usually resulting in a % of the original order cost.

Notice. Unless otherwise indicated, please direct notices to Hardt to Hardt, LLC, P.O. Box 78645, Charlotte, NC 28271 or at privacy@fromthehardt.com. 

Compliance With ADA. It is our goal to comply with the ADA, making access to our services available to as many people as possible. If you have any suggestions to make access to our site easier, please contact us, as we continue to improve our services and products.  

These Terms and Conditions of Use, including the Privacy Policy referenced herein, can change at any time without notice. It is your responsibility to review these Terms and the Privacy Policy, both of which are available at http://www.fromthehardt.com/. 

© 2010 Hardt To Hardt, LLC. All Rights Reserved.