Terms and Conditions
Last Revised: 5/23/2017
1. Customers
All Amen to Homemade customers must be at least 18 years old and legally able to agree to these Terms and Conditions, and must provide and update accurate registration information.
2. Access
You will choose a username (email address) and password to use in establishing and accessing an Amen to Homemade customer account. Your account will allow you to purchase products from Amen to Homemade and to post comments and reviews on the Amen to Homemade website. You must not share your username and password with any other party. You assume responsibility for any unauthorized use of your username or password, and you must promptly inform Amen to Homemade of any actual or suspected unauthorized use.
3. Security
You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Amen to Homemade website or of the networks connected to it, and to abide by all security policies adopted by Amen to Homemade. You acknowledge and agree that, for security purposes, Amen to Homemade may monitor your account and your access to and use of Amen to Homemade. Amen to Homemade may at any time terminate or suspend your access to Amen to Homemade if it considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. Amen to Homemade may also impose limits on certain features and functions of Amen to Homemade without notice or liability.
4. Reviews and comments
Amen to Homemade includes information provided by other Amen to Homemade customers, such as comments and product reviews. Amen to Homemade is not in any way responsible for such information and does not warrant its accuracy. Your use of that information is at your own risk.
5. Transactional data
"Transactional Data" means all information collected by Amen to Homemade, or to which Amen to Homemade has access, that relates to the products you purchase and your use of Amen to the Homemade website. You grant Amen to Homemade a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) use Transactional Data in any manner for Amen to Homemade internal business purposes, including the provision of products and services to Amen to Homemade customers and other third parties, (ii) prepare and distribute reports and analyses of Transactional Data, provided that such reports and analyses do not disclose your identity, and (iii) distribute and disclose Transactional Data that is de-identified and aggregated with other data, and grant third parties rights use and analyze such data for their internal business purposes.
6. Intellectual property
You acknowledge and agree that all information and content that you access or that is made available to you through Amen to Homemade, including, but not limited to, information, text, graphics, trademarks, logotypes, data and data compilations, is the property of Amen to Homemade, its customers or its suppliers. United States and international trademark, copyright and other intellectual property right laws protect that information and content.
7. Disclaimer of warranties
ALL AMEN TO HOEMMADE’S PRODUCTS AND SERVICES THAT ARE PROVIDED THROUGH THE AMEN TO HOMEMADE WEBSITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." AMEN TO HOMEMADE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH AMEN TO HOMEMADE HEREBY EXPRESSLY DISCLAIMS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS ON IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
AMEN TO HOEMMADE DOES NOT GUARANTEE THAT YOUR ACCESS TO AMEN TO HOEMAMDE’S WEBSITE WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH AMEN TO HOMEMADE WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. AMEN TO HOMEMADE WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE.
SOME STATES DO NOT ALLOW THE DISCLAIMERS OF CERTAIN WARRANTIES. THESE DISCLAIMERS MIGHT NOT APPLY TO YOU, AND THESE WARRANTY DISCLAIMERS WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY ANY FEDERAL, STATE OR LOCAL.
8. Limitation of liability
AMEN TO HOMEMADE WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, AMEN TO HOMEMADE’S WEBSITE OR AMEN TO HOEMMADE’S PRODUCTS OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AMEN TO HOMEMADE.
IN NO EVENT WILL AMEN TO HOEMMADE LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF AMEN TO HOEMMADE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION OR EXCLUSION HEREIN MAY NOT APPLY TO YOU.
9. Assignment
Amen to Homemade may assign its rights and obligations under these Terms and Conditions without your consent. You may not assign any of your rights and obligations under these Terms and Conditions without the prior written consent of Amen to Homemade.
10. Governing law
These Terms and Conditions will be interpreted and construed in accordance with the laws of the State of CA. Any action arising out of, or relating to, this Agreement may be brought in courts situated in CA, and you consent to the jurisdiction of such courts.
11. General
If any of these Terms and Conditions conflict with any applicable statute or rule of law, the affected Terms and Conditions will be deemed inoperative. If any part of these Terms and Conditions is held illegal, void or ineffective, the remaining portions will remain in full force and effect. No failure by either party to take any action or assert any right under these Terms and Conditions will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right.