Terms and Conditions

Introduction: Please, read this Web page carefully. It contains the Terms of Use governing your access to and use of www.heritagegraceland.com  (hereinafter the “Website” or “Site”) and to any associated websites owned or operated by Heritage Graceland LLC, a Wyoming Limited Liability Company; and to any correspondence by e-mail between Heritage Graceland LLC and You. 

Please, read these terms carefully before using this Website. Using this Website indicates that You accept these terms. If You do not accept these terms, do not use this Website. These Terms of Use are legally enforceable and binding agreement between You and Heritage Graceland LLC and shall be referred to as “Agreement”, “Terms of Use” or “Terms of Use.”

1. Parties To This Agreement And Consideration

The parties to this Agreement (the “Agreement”) are You (hereinafter “You” “Your” or the “User”), and Heritage Graceland LLC (hereinafter the “Company,” “We,” “Our,” or “Us”).

1.1. By accessing the Materials at Website and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.

1.2. Subject to Your acceptance of the terms and conditions set forth in this Agreement, the Company agrees to grant You a limited personal non-transferable right to access the contents of Website and affiliated sites operated by the Company.

1.3. This Agreement is subject to change by the Company at any time and changes shall become effective upon notice to USERS by posting at, or via hyperlink to the Website, or by sending an email from Us to the email address associated with the Your User account.

1.4. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.

1.5. Any action on Your part to Bookmark to a page on this Website whereby the Terms of Use Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgment by You of the fact that You are an adult and at least 18 years of age or of the age of majority under the laws of Your state, province or country.

2. Use of Website

You agree to not do any of the following: violate any laws or Company policies; be false or misleading; infringe any third-party right; distribute or contain spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm the Company or the interests or property of the Company’s users; copy, modify, or distribute any of the Company’s content on this Site or any other person’s content posted on the Site, unless expressly authorized to do so; use any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission; harvest or otherwise collect information about others, including email addresses, without their instruction; bypass measures used to prevent or restrict access to the Website.

3. User’s Code of Conduct

You agree, warrant and covenant to use the Website in accordance with the following Code of Conduct and You agree and acknowledge that in our sole discretion We may, but are under no obligation to reject or delete any transaction posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Website for violating these provisions: that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; that is pornographic or depicts a human being engaged in actual sexual conduct in any way; that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; that impersonates any person or entity, including, but not limited to, a Company’s employee, or falsely states or otherwise misrepresents Your affiliation with a person or entity (this provision does not apply to content that constitutes lawful non-deceptive parody of public figures.); that includes personal or identifying information about another person without that person’s explicit instruction;that is false, deceptive, misleading, deceitful, mis-informative, or constitutes “bait and switch”; that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that You do not have a right to make available under any law or under contractual or fiduciary relationship that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; that constitutes or contains any form of advertising or solicitation if: posted in areas of the Website which are not designated for such purposes; or emailed to the Website users who have not indicated in writing that it is okay to contact them about other services, products or commercial interests; that includes links to commercial services or web sites, except as allowed in “services”; that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by federal, state and local law; that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Website, or that otherwise negatively affects other users’ ability to use the Website; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website; contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; “stalk” or otherwise harass anyone; collect personal data about other users for commercial or unlawful purposes; use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website – unless expressly permitted by Us; post non-local unless permitted or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; post the same item or service in more than one classified category or forum; attempt to gain unauthorized access to the Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website; use any form of automated device or computer program that enables the submission of postings on the Website without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; directly or indirectly or through the use of any device or other means, copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, sell, transmit, or retransmit the online services or content that belongs to or is posted this Us unless expressly permitted by Us in writing.

4. Information Collected

The information which We collect through the Website may include Personal Information (hereinafter the “Personal Information”) which refers to information that helps it identify users or viewers of the Website (collectively, “Users” and each a “User” or “you”). The Personal Information may include data such as a User’s name, street address, phone number, facsimile number, email address, username and password, and credit card numbers and information. We may utilize Personal Information, without limitation, for the following purposes: (i) establishing and verifying user identities; (ii) opening, maintaining, administering and servicing Registered User (as defined below) accounts; (iii) processing, servicing or enforcing transactions and sending communications relating to the Website; (iv) providing User support in connection with User-use of the Website; (v) providing service updates for the Website; (vi) providing promotional notices and offers and other information; (vii) responding to User-posed inquiries and comments; (viii) maintaining the security of the Website and Company-systems; and (ix) evaluating Use of the Website for potential improvements and otherwise. The Website may also collect data that cannot be traced back to a specific individual (hereinafter the “Anonymous Information”). For example, We may be able to keep count of how many Users have viewed the Website and specific content therein, or key words utilized to find the Website, but this information does not necessarily include information regarding Users’ names, street addresses, phone numbers, or email addresses. Users who view the Website but do not enter their Personal Information are generally anonymous Users. Only Anonymous Information and no Personal Information will be intentionally collected by Us from anonymous Users. The Website may use browser cookies to collect Anonymous Information. The Website may also incorporate web beacons or similar tracking technologies to allow Us to track how the Website is used. Such technologies are used to collect Anonymous Information, e.g. the name of the User’s internet service provider, the IP address of the User’s computer, User’s browser software and operating system, the identity of any linked-form or linked-to website and other similar information. Furthermore, We may, either directly or through a third party, track Users’ conduct on the Website, including, without limitation, areas of the Website visited, topic(s) viewed, most popular pages of the Website, Users’ Internet connection type and browser use. Also, We may combine a User’s Anonymous Information with similar information collected from other Users to help improve the Website and services.

5. Website Use of Information

Notwithstanding anything herein to the contrary, by submitting Personal Information, You grant Us, Our officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, and employees the right store any information you enter on the website or give us in any other way that personally identifies you to improve Your experience at the website, to get a better general understanding of the type of individuals visiting the website and to enable us to contact you when needed. Please, note that user information may be cached in search engine indexes even after removal and that this Website nor Us have any control over such caching.

6. Accounts, Passwords and Registration to the Website

You agree that We are not responsible or liable for the personal protection and security of any password or username that you may use to access this Website. You are responsible for maintaining the confidentiality of the password and account, and can help keep Your account secure by using a strong password. You are solely responsible for any and all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to Your username or password. If You lose a password to Your account or are subject to a stolen password, You must immediately notify Us.

7. Content from the Website

As between You and Us, You own any and all content that You submit to the Website. You grant Us and Our affiliates a right to distribute and send your content to third­ parties to perform the transaction(s) being requested.

8. Abusing the Website

Please send Us an email at terra@heritagegraceland.com  tell Us about any problems or offensive content so that together We can keep the Website working properly. We may limit or terminate our service, remove hosted content and/or take technical and legal steps to keep Users off the Website if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether We decide to take any of these steps, remove hosted content or keep a user off Website or not, We do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website by Users.

9. Limitations on Website Services

You acknowledge that the Company may establish limits concerning use of the service, including the maximum number of days that content will be retained by the Website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which You may access the Website. You agree that the Company has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You acknowledge that the Company reserves the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.

10. Posting Agents

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post content on the Website on behalf of others. To moderate demands on the Website’s resources, You may not use a Posting Agent to post any content on the Website without express permission or license from Us. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause content to be so posted, or otherwise access the Website to facilitate posting content on behalf of others, except with express permission or license from the Company.

11. No Spam Policy

You understand and agree that sending unsolicited email advertisements to Our email addresses or through Our computer systems or Our Site, is expressly prohibited by this Agreement. Any unauthorized use of Our computer systems is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § I 030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties. This section shall survive the termination of this Agreement.

12. Intellectual Property Rights & Website Content

We, reserve all of Our intellectual property rights. This Agreement does not grant you any right or license with respect to any of our copyrights, trademarks, service marks, graphics and logos. The Website contains content from Us, You, and other users. You agree not to copy, modify, or distribute any content whatsoever from the Website, including all our copyrights or trademarks. When You give Us content, You are granting Us a non­ exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. By posting to the Site You are acknowledging that all content posted belongs to You or You have permission to post it and further You will not post anyone’s image or likeness without their express permission. If You believe that Your rights have been violated, please notify Us at terra@heritagegraceland.com and we will investigate the matter. We reserve the right to remove content where weave grounds for suspecting the violation of these Terms of Use or of any party’s rights. Any content posted by a user other than by Us shall not be deemed such and does not reflect the thoughts, comments, ideas, opinions, or otherwise of Us.

13. Reporting Intellectual Property Infringements

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark. We reserve the right to remove content where we have grounds for suspecting the violation of these Terms of Use, our policies or of any party’s rights. If You have a good faith belief that a listing on the Website infringes Your copyright, trademark, or other intellectual property rights, then You must immediately contact Us in writing with all supporting documents and details regarding such infringement. No request or complaint regarding any infringement of intellectual property shall be considered unless proper documentation evidencing ownership of intellectual property are provided. You must a) clearly identify the material on the Website that You claim is infringing so that we may locate it on the Website; b) provide a statement by You that You have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; c) provide a statement declaring under penalty of perjury that (I) the above information in Your notice is accurate, and (2) that You are the owner of the intellectual property interest involved or that You are authorized to act on behalf of that owner; d) provide Your address, telephone number, and email address; and e) Your physical or electronic signature. We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act. This section shall survive the termination of this Agreement.

14. Liability

You agree not to hold Us or our Affiliates responsible for things other users post or do. We do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted We expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of Your use of the Website, even if You advise Us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You. This section shall survive the termination of this Agreement.

15. Disclaimer of Warranties

YOU AGREE THAT USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON­ INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to You insofar as they relate to implied warranties. This section shall survive the termination of this Agreement.

16. Indemnity

You agree to indemnify and hold the Company, its officers, subsidiaries, affiliates, successors, assigns, managers, members, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content You submit, post or make available through the Website, Your use of the Website, Your violation of this Agreement, Your breach of any of the representations and warranties herein, or Your violation of any rights of another. This section shall survive the termination of this Agreement.

17. Terminating our Services

You may terminate or stop using our services at any time. We may also stop providing services to You, add or remove functionalities or features or stop a service completely. You agree that We, at our sole discretion, have the right (but not the obligation) to delete or deactivate Your account, block Your email or IP address, or otherwise terminate Your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any content within the Website, for any reason, including, without limitation, if We believe that You have acted inconsistently with the letter or spirit of this Agreement. Further, You agree that We shall not be liable to You or any third-party for any termination of Your access to the Website. Further, You agree not to attempt to use the Website after said termination.

18. Dispute Resolution

This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement is governed by the laws of the State of Florida. Any disputes relating in any way to Your use of the Our Site shall be submitted to confidential & binding arbitration in, except to the extent that you have in any manner violated or threatened to violate Our intellectual property rights. We may seek injunctive or other appropriate relief in any state or federal court in the state of Florida and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding & may be entered as a judgment in any court of competent jurisdiction. If we don’t enforce any particular provision, we are not waiving our right to do so later. If any provision of this Agreement is held invalid, unenforceable, or void by a court of competent jurisdiction, then this Agreement shall be considered divisible as to such provision, and the remainder of the Agreement shall be valid and binding as though such provision were not included in this Agreement. We may send notices to You through the email address You provide, or by certified mail. Notices sent by certified mail will be deemed received five days following the date of mailing. We may update this Agreement at any time, with updates taking effect when You next use the Website or after 30 days, whichever is sooner. No other amendment to this Agreement will be effective unless posted at Our Website. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.

19. Force Majeure

If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond Our control We are unable to perform in whole or in part its obligations as set forth in this Agreement, then the Company and the Site shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make the Company or the Site liable to You.

20. Relationship of the Parties

Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

21. Security Procedures

We undertake reasonable efforts to operate secure data networks which are protected by industry standard firewall and password protection systems. We undertake reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although We are ever diligent in Our security pursuits, We cannot guarantee the success of Our efforts.

22. Privacy Policy

SEE ADDITIONAL PRIVACY POLICY TERMS ATTACHED HERETO:

We are committed to making Your experience satisfying and safe. Protecting the privacy of our users is a primary concern for Us. When you request Our online services, the information you provide to us is used only to provide our creative entertainment services to deliver email notification to you (or to people you designate as Your recipients) and from time to time, to validate Your identity. Although a certain limited amount of information is required for us to be able to serve you our data collection policies otherwise allow you to choose how much information you provide to us. The information you provide will be shared only with our professional consultants. IF USER DOES NOT ACCEPT THIS PRIVACY POLICY (INCLUDING ANY UPDATED TERMS HERETO) OR DOES NOT MEET OR COMPLY WITH THESE PROVISIONS, THEN USER MAY NOT USE THIS WEBSITE. WEBSITE TERMS AND CONDITIONS ARE INCORPORATED HEREIN BY REFERENCE AND USER BY USING THE WEBSITE HEREBY AGREES THAT USER SHALL COMPLY WITH WEBSITE TERMS AND CONDITIONS AND PRIVACY POLICY. PLEASE BE ADVISED THAT WEBSITE RESERVES THE RIGHT TO RELEASE SUCH INFORMATION TO LAW ENFORCEMENT OR OTHER GOVERNMENT AL OFFICIALS AS, IN WEBSITES’S SOLE AND ABSOLUTE DISCRETION, IT IS DEEMED NECESSARY TO COMPLY WITH THE LAW.

23. Website Terms and Conditions

The Terms and Conditions set forth on the Website shall govern any claim relating to the site’s Privacy Policy and will otherwise be deemed applicable to it.

24. Corporate Transfers of Information

Information about the Users of the Website, which include the User’s Personal Information, may be disclosed in association with certain business dealings such as any debt financing, acquisition or merger, sale of assets and in the event of a bankruptcy, assignment for benefit of creditors or receivership in which particular information could be sold or transferred to other parties as an asset. By using the Website and/or entering his Personal Information, each User consents to the Website’s use of their information as outlined in this Privacy Policy.

25. Contributions

Please send questions, comments or complaints (“Contributions”) to terra@heritagegraceland.com submitting ideas, suggestions, documents or proposals to Us, you acknowledge and agree that: (i) Your Contributions do not contain confidential or proprietary information; (ii) We are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) We shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (iv) We may have something similar to the Contributions already under consideration or in development; (v) you irrevocably non-exclusively license to Us rights to exploit Your Contributions; and (vi) you are not entitled to any compensation or reimbursement of any kind from Us under any circumstances.

26. Entire Agreement

You agree that These Terms of Use and the other policies posted on the Website constitute the entire, complete and exclusive agreement between The Company, the Site and You, superseding any prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent with respect to the subject matter of this Agreement.