Agreement between User and

The Hartzy Haven

Welcome to https://thehartzyhaven.myshopify.com, a subsidiary of The Hartzy Haven. The https://thehartzyhaven.myshopify.com website (“Site’) consists of various web pages maintained and operated by The Hartzy Haven. The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of these Sites constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://thehartzyhaven.myshopify.com is an E-Commerce Site hosted by Shopify.

Melissa Hartzheim and The Hartzy Haven's mission is to build a community, share knowledge, provide resources and create art from the HART of their home. We provide tutorials on various art media via sources including but not limited to digital products, pre-recorded video courses, subscription services, live training, community membership, ebooks, podcast recordings and blog posts.

 

Privacy

Your use of https://thehartzyhaven.myshopify.com is subject to The Hartzy Haven’s Privacy Policy. Please review our Privacy Policy here, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting https://thehartzyhaven.myshopify.com or sending emails to Melissa Hartzheim, et al constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communication that we provide to you electronically, via email and on the Site, satisfy the legal requirement that such communications be in writing.

 

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account(s) and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Site and The Hartzy Haven are not responsible for third party access to your account that results from theft or misappropriation of your account. The Site and related associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 

 

Children Under Thirteen

The Hartzy Haven does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://thehartzyhaven.myshopify.com only with the permission of a parent or guardian.

 

Cancellation/Refund Policy

Digital Products and Video Courses:

As all digital products and video course content is available immediately after purchase and delivered in a digital format, digital product and video course purchases are non-refundable nor eligible for exchange. All sales are final.

Live and/or Private Workshops:

Cancellations of pre-scheduled live or private workshops received on or before thirty (30) days prior to delivery of service are eligible for a refund less a 10% cancellation fee. If the request to cancel is received within 30 days of scheduled delivery of workshops and/or product, the purchase is non-refundable.

Subscription Services:

The Hartzy Haven and Site offer several subscription based products and services.  

a. Digital Product Subscriptions

As all digital products are made available immediately after purchase and delivered in a digital format, digital product purchases and related subscription fees are non-refundable nor eligible for exchange. All sales are final.  Your digital product subscription(s) may be cancelled at anytime.

b. The Big Hartz Art Club and Little Hartz Art Club

Subscriptions to The Big Hartz Art Club and Little Hartz Art Club may be cancelled at any time. Once paid, subscription fees are non-refundable. Please carefully consider which subscription option will work best for you and your budget before completing your purchase. Partial refunds will not be offered for cancellations requested or executed before the end of the user's billing cycle. User access to Site and related membership benefits will expire at the end of the subscription cycle last paid for.

 

Discount Codes

Discount codes and other promotional offers are valid on new purchases or subscriptions only. Coupon must be applied at the time of purchase. Offers cannot be applied retroactively to existing subscriptions or completed purchases. Discounted subscriptions will auto-renew at the current standard rate unless otherwise indicated. Code valid for single use per client only. 

 

Links to Third Party Sites/Third Party Services

Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Hartzy Haven and The Hartzy Haven is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sites are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by owner of the site or any associate with its operators.

Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service or functionality originating from the Site's domains, you hereby acknowledge and consent that the Site may share such information and data with any third party with whom the Site or The Hartzy Haven have a contractual relationship to provide the requested product, service or functionality on behalf of Site's users and customers.

 

No Unlawful or Probited Use/Intellectual Property - Copyright Notice

You are granted a non-exclusive, non-transferable, revocable license to access and use https://thehartzyhaven.myshopify.com (“Site”) strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Melissa Hatzheim and The Hartzy Haven (“Site Owner”) that you will not use the Site for any purpose that is unlawful or prohibited by the Site’s Terms. 

You may not use the Site in any manner which could damage, disable, 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 Site’s service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Site Owner 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, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sales, create derivative works, or in any way exploit any of the Site content including both free and paid content, in whole or in part, found on the Sites. Sites and Site Owner content, including that provided through the Sites, is not for resale or redistribution. Your use of these 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 Melissa Hartzheim or The Hartzy Haven and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Site Owner or our licensors except as expressly authorized by these Terms.

 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, commenting areas and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contents, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner, falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-email addresses, without their consent; violate any applicable laws or regulations.

Site has no obligation to monitor the Communication Services. However, Site reserves the right to review material posted to a Communication Service and to remove any materials in its sole discretion. Site reserves the right to terminate your access to any or all of the Communication Service at any time without notice for any reason whatsoever.

Site and The Hartzy Haven reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or material, in whole or in part, at Site's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Site and The Hartzy Haven do not control or endorse the content, messages, or information found in any Communication Service and, therefore, The Hartzy Haven specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Site or The Hartzy Haven spokespersons, and their views do not necessarily reflect those of Site owners and The Hartzy Haven.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials Provided to https://thehartzyhaven.myshopify.com or Posted on Any The Hartzy Haven owned Web Page

Site and The Hartzy Haven do not claim ownership of the materials you provide to https://thehartzyhaven.myshopify.com (including feedback and suggestions) or post, upload, input or submit to any The Hartzy Haven Site or our associated services (collectively, “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Hartzy Haven, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Interest businesses included, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided therein. Site and The Hartzy Haven are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Site or The Hartzy Havens sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input and submit the Submissions.

Requests for the removal or discontinuation of use of your submission from public channels must be submitted in writing to thehartzyhaven@gmail.com.

 

International Users

The Site is controlled, operated and administered by The Hartzy Haven from our office within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site content accessed through https://thehartzyhaven.myshopify.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless The Hartzy Haven, its officers, directors, employees, agents and third parties, for any losses, costs, liability and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Sites or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any right of a third party, or your violation of any applicable laws, rules or regulations. The Hartzy Haven reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Hartzy Haven in asserting any viable defenses. 

 

Arbitration

If a dispute is not resolved first by good-faith negotiation between the parties arising out of or concerning these Terms and Conditions, every controversy or dispute to these Terms will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Outagamie County, Wisconsin. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

 

Class Action Waiver

Any arbitration under 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 PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH 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 The Hartzy Haven 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 THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE HARTZY HAVEN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE HARTZY HAVEN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, 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 CONDITION OF ANY KIND. THE HARTZY HAVEN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES 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 THE HARTZY HAVEN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERSIDE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE HARTZY HAVEN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE 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 SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

 

Termination/Access Restriction

The Hartzy Haven reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin and you hereby consent to the exclusive jurisdiction and venue of courts in Wisconsin in all disputes arising out of our relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

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

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. The headings of sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.

 

Changes to Terms

The Hartzy Haven reserves the right , in its sole discretion, to change the Terms under which https://thehartzyhaven.myshopify.com are offered. The most current version of the Terms will supersede all previous versions. The Hartzy Haven encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

The Hartzy Haven welcomes your questions or comments regarding the Terms of this Site by emailing us at thehartzyhaven@gmail.com.

 

Telephone Number:

(920) 944-8146

Effective as of January 01, 2024