Terms & Conditions

LAST UPDATED: SEPTEMBER 22, 2022

This website is operated by Hummingbird & Willow Gifts Corp (herein referred to as “Hummingbird & Willow”, “we”, “us”, "the Site", "the Service", or “our”), including, without limitation, www.hummingbirdandwillow.com, from which we offer unique Products for purchase ("Products").

By visiting this Site, and/or purchasing Products from us, you agree to be bound by the following terms and conditions ("Terms of Service").

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.

Please read the Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by the Terms of Service. We reserve the right to update, change, or replace any part of the Terms of Service by posting changes to this section of the Site. 

SECTION 1 - ONLINE STORE TERMS

1.1 By agreeing to the Terms of Service, you represent that you are at least the age of majority in your State. 

1.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

SECTION 2 - GENERAL CONDITIONS

2.1 We reserve the right to refuse service to anyone for any reason at any time.

2.2 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 website through which the Service is provided, without express written permission by us.

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

3.1 Prices for our products are subject to change without notice.

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

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

SECTION 4 - PERSONAL INFORMATION

4.1 Your submission of personal information through the store is governed by our Privacy Policy. Please refer to our Privacy Policy for more information.

SECTION 5 - PROHIBITED USES

5.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

5.2 We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 6 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

6.1 We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free.

6.2 We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

6.3 You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

6.4 You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products 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, durability, title, and non-infringement.

6.4 In no case shall Hummingbird & Willow, 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. 

SECTION 7 - INDEMNIFICATION

7.1 You agree to indemnify, defend and hold harmless Hummingbird & Willow and our 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 the Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 8 - SEVERABILITY

8.1 In the event that any provision of the Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 9 - TERMINATION

9.1 We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Terms of Services and your access to all or any part of the Site or the Products at any time and for any reason without prior notice or liability, including the right to reject any order you place.

9.2 We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, indemnity, limitations of liability, class action waivers and arbitration.

SECTION 10 - GOVERNING LAW

10.1 The Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California.

SECTION 11 - CHANGES TO TERMS OF SERVICE

11.1 You can review the most current version of the Terms of Service at any time at this page.

11.12 We reserve the right, at our sole discretion, to update, change or replace any part of the Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

SECTION 12 - CONTACT INFORMATION

12.1 Questions about the Terms of Service should be sent to us at info@hummingbirdandwillow.com.