Terms and Conditions

LAST UPDATED: 9/10/2022

 

Welcome to Hope Creek Acres. Our website is provided as a service to our customers, on your acceptance without modifications of the terms, conditions, and notices contained in in the terms and conditions. Your use of www.hopecreekacres.com constitutes your agreement to all such terms. Please read these terms and conditions carefully. 

 

PERSONAL INFORMATION/USER INFO
Your submission of personal information is subject to the Privacy Policy. Please review our privacy policy, which can be found by clicking on the “Privacy Policy” link located in the footer.

 

In order to purchase products or services from the Hope Creek Website, you will be required to provide information that may include name, address, email, phone number(“user information”).  You must provide complete and accurate information during the registration process and you will have an obligation to update this information if/when it changes.

 

You also have the option to create an account with us. Doing so you will have to provide or create a username and password. You are solely responsible for the confidentiality of your password. You may not use the account, username, or password of someone else. You are responsible for any activity that occurs under your account. You agree to notify the operator immedialty of any unauthorized use of your account, username or password.

Operator shall not be liable for any loss that you incur as a result of someone else using your account, username, or password, either with or without your knowledge.  You may be held liable for any losses incurred by Operator and/or its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account, username, or password.  To the fullest extent permitted by law, Operator reserves the right to terminate your registration or to refuse services or products to you, without prior notice to you, at any time and for any or no reason.

 

ELECTRONIC COMMUNICATION

Visiting Hope Creek Acres or sending emails to Us constitutes electronic communications. You consent to recieve communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the site, satisfy any legal requirement that such communications be in writing.

 

CHILDREN UNDER THIRTEEN
Hope Creek Acres does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under eighteen, you may use our website only with the consent of a parent or guardian.

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CANCELLATION/REFUND POLICY

We do accept cancellations, and refunds if they meet our criteria. For more detailed information please review our Return Policy, which can be found by clicking on the “Return Policy” link in the footer.

 

LINKS TO THIRD PARTY SITES/SERVICES

Our website may contain links to other websites. The linked sites are not under the control of Hope Creek Acres and we are not responsible for the contents of any linked site, including without limitation any link contained in a linked site. Hope Creek Acres is provifing these links to you only as a conveinience, and the inclusion of any link does not imply endorsement by Hope Creek Acres of the site or any associations with its operators.

Certain services made available through us are delivered by third party services/sites and organizations. By using any product, service or functionality originating from the hopecreekacres domain, you herby acknowledge and consent that Hope Creek Acres may share such information and data with any third party with whom We, Hope Creek Acres has a contactual relationship to provide the requested product, service or functionality on behalf of Hope Creek Acres users and customers.

 

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use Hope Creek Acres strictly in accordance with these terms of use. As a condition of your use of the site, you warrant Hope Creek Acres that you will not use the site for any purpose that is unlawful or prohinited by these terms. You may not use the site in any manner which could damage, diable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site. 

 

All content included as part of the service, such as text, graphics, logos, images, as well as the compliation thereof, and any software used on the site, is theproperty of Hope Creek Acres or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legens or other restrictions contained in any such content and will mot make any changes thereto. 

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or any way exploit any of the content, in whole or in part, found on the site. Hope Creek Acres content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Hope Creek Acres and the copyright owner. You agree that you do not aquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hope Creek Acres or our licensors except as expressly authorized by these terms.

 

INTERNATIONAL USERS
Our services are controlled, operated, and administered by Hope Creek Acres from our offices within the USA. If you access our service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Hope Creek Acres content accessed through www.hopecreekacres.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

 

ARBITRATION
In the event the parties(Hope Creek Acres and customer) are not able to resolve a dispute betwen them arising out of or concerning these terms and conditions, or any provisions hereof, whether in contract, or otherwise, then such dispute shall be resolved only by final and binding arbitration, conducted by a single neutral arbitrator, American arbitration association, or a similiar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of  or concerns  these terms and conditions, teh prevailing party shall be entitled to recover its costs and reasonable attorney fees. The parties agree to arbitrate all disputes and claimes in regards to these terms and conditions or any disputes arising as a result of them , whether indirectly or direclty, including tort claims that are a result of terms. The parties agree that the Federal arbitration act governs the interpretation  and enforcement of this provision. The entire dipsute, including the scope and enforcebility of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive teh termination of these terms and conditions.

 

CLASS ACTION WAIVER

Any arbitration inder these terms and conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a perty may bring claims against teh other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Hope Creek Acres agree otherwise, the arbitrator may not consolidate more than one person;s claims, and may not otherwise preside over any form of a representative or class proceeding. 

 

LIABILITY DISCLAIMER
The information, software, products, and services included in or available through our site may include inaccuracies or typographical errors. Changes are periodically added to the information herin. Hope Creek Acres and/or our suppliers may make improvements and/or changes in the site at any time.

 

Hope Creek Acres and/or our suppliersmake no representations about the suitability, reliabilty, avaliablity, timelines, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or conditions of any kind. Hope Creek Acres herby disclaim all warranites and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

 

To the maximum extent permitted by applicable law, in no event shall Hope Creek Acres be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damges whatsoever including, whithout limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of our site, with teh delay or inability to use the site or related services, the provision  of or failure to provide services, or for any information, software, products, services and related graphics obtained throught the site, or otherwise arising out of the use of the site, whether based on contract, tort, negilgence, stict liability or otherwise, even if Hope Creek Acres or any of its suppliers has been advised of the possibility of damages, becasue some states/jurisdictions do not allow the exclusion or limitation of liability  for consequential or incidental damages. The above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

 

TERMINATION/ACCESS RESTRICTION
Hope Creek Acres reserves the right, in its sole discretion, to terminate your access to the site and teh related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this aggrement is governed by the laws of the State od Arkansas and you herby consent to the exclusive jurisdiction and venue of courts in Arkansas in all disputes arising out of or relating to the use of this site. Use of thesite is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitations, this section. 

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hope Creek Acres as a result of this agreement or use of the site. Hope Creek’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hope Creek’s right to comply with governmental, court and law enforcement requests or requirments relating to your use of the site or information provided to or gathered by Hope Creek Acres with repsect to such use. If any part of this agreement is determined to be invalid or uneforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitaitons set forth above , then the invalid or uneforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches  the intent of the original provision and the remainder of teh agreement shall contine in effect.

 

Unless otherwise specified herin, this agreement constitutes the entire agreement between teh user and Hope Creek Acres with respect to the site and it supersedes all prior or contemporaneous communications and proprosals, whether electronic, oral or written, between the user and Hope Creek Acres with respect to the site. A printed version of this agreement and of any notice given in electronic form shall be admissiable in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

 

CHANGES TO THESE TERMS AND CONDITIONS

We may change this policy at any time.  Such changes, modifications, additions or deletions will be effective immediately upon posting the revised policy on this page.  The date of the last revision of this policy is set forth above at the top of this page and should be checked by you periodically.  Your continued use of the site after such changes will constitute your acknowledgment of the updated policy.

 

CONTACT US
We welcome your questions or comments regarding the terms:

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315-383-1341
hopecreekdesign@protonmail.com