Terms and Conditions

By visiting www.sarahwithasmile.com, you are consenting to the Terms and Conditions provided on this page, the Privacy Policy and Disclaimer and Disclosure Policy.

Throughout this Terms and Conditions, we’ll refer to this website and other products and services collectively as “Website”. The term ‘you’, ‘yours’ ‘user’, ‘visitor’ refers to the user or viewer and are bound by these Terms and Conditions.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Sarahwithasmile’s relationship with you in relation to this Website. If you disagree with any part of these terms and conditions, please do not use my website.

Your use of any information or materials on this Website is entirely at your own risk, for which I am not to be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

All written content on this site is owned by Sarah Emery and Sarahwithasmile and/or our affiliates, and are protected by copyright, trademark, and other intellectual property laws, unless otherwise stated. This website is provided solely for your personal non commercial use. You are not authorized to use this website or the materials available on this website in a manner that constitutes an infringement of our rights or that has not been authorized by me; Sarah Emery. Without permission, you are not authorized to copy, modify, reproduce, republish, upload, post, translate, sell, create derivative works, exploit, or distribute in any manner or medium (written and or electronic means) any material from this website. You may share a copy of individual post of this website for non-commercial use, provided that you keep intact all copyright and other proprietary notices.

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Errors and inaccuracies: This Website cannot guarantee uninterrupted and totally reliable access to this Website, and so therefore not possible to ensure that any website is omissions, some of which may relate to pricing and availability, and some information may not be complete or current. Neither I nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Sarahwithsmile is not responsible or liable for any Content or other Content posted on this Websites or for any offensive, unlawful or objectionable content you may encounter. The Content and the materials and products on this website are provided as is and without warranties of any kind. To the fullest extent permitted by law, this Website disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. This Website does not guarantee and does not promise any specific results from use of my Website. This Website does not represent or warrant that this Website will be uninterrupted or error-free, that any defects will be corrected, or that they or the server that makes them available are free of viruses or anything else harmful. To the fullest extent permitted by law, this Website does not make any warranties or representations regarding the use of the materials or Content in this Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile device, computer system or other device in which you access this Website, loss of data or other harm of any kind that may result. This Website reserves the right to change any and all Content and other items used or contained in my Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability:
THIS WEBSITE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OUR WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH OUR WEBSITE OR THE CONDUCT OF OTHER USERS (WHETHER ONLINE OR OFFLINE) OR ANY CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF MY WEBSITE. YOUR ONLY REMEDY AGAINST THIS WEBSITE FOR USE OF MY WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. ACCORDINGLY, IF THIS WEBSITE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF OUR WEBSITE OR ANY CONTENT, THE COMPANY’S LIABILITY SHALL NOT EXCEED US $100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Copyright Infringement
If your work has been copied and posted on this Website in a way that constitutes copyright infringement, please notify us in accordance with the provisions set forth below.

Copyright notice
THIS WEBSITE AND ITS CONTENT IS COPYRIGHT OF SARAHWITHASMILE – ©SARAHWITHASMILE.COM. ALL RIGHTS RESERVED.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
you may print or download to a local hard disk extracts for your personal and non-commercial use only
you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material by publishing a clearly visible link back to Sarahwithasmile.com
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Termination
This Website reserves the right in its sole discretion to terminate your account, delete your profile and any of your Content, and restrict your use of all or any part of our Websites for any or no reason, without notice, and without liability to you or anyone else. This Website also reserves the right to block users from certain IP addresses or Device numbers and prevent access to our Websites. You understand and agree that some of your Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the websites, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear on the websites or on other platforms even after your Content is removed or your account is terminated. These Terms and Conditions remain in effect even after your account is terminated.

Complaints
You agree that you shall immediately notify this Website in writing of any objectionable content appearing on the Website. This Website will make good faith efforts to investigate allegations that any Content violates these Terms and Conditions but (i) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific Content, whether or not subject to such allegations, and (ii) will have no liability whatsoever for editing, removing, or continuing to permit the display of any Content whatsoever.

Governing Law provisions. By visiting this Website, you agree that all matter relating to your access to or use of this Website, including disputes, will be governed by the laws of the United States. You agree to the personal jurisdiction by and venue in the state and federal courts in Virginia, USA and waive any objection to such jurisdiction or venue. You agree that the laws of the state of Virginia, USA without regard to principles of conflict of laws, will govern any dispute related to products purchased here or infringement on our intellectual property rights that might arise between you and us or any of our affiliates. Any claim under these Terms and Conditions must be brought within 1 one month after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney’s fees. In the event of any controversy or dispute between this Website and you arising out or in connection with your use of this Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

I reserve the right to modify these Terms and Conditions for content from time to time without notice. You understand and agree that your access to or use this Website is governed by the Terms and Conditions effective at the time of your access to or use of this Website. You are responsible for regularly reviewing these Terms and Conditions so that you will be apprised of any changes as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms and Conditions. You understand and agree that your continued access to or use of the Website after the effective date of modifications to the Terms and Conditions indicates your acceptance of the modifications. If I update this policy, I will post updates to this page and site.
Page Last Updated: May 23, 2020