TheCottageTableExperience.com and CottageintheOaks.com Terms and Conditions of Use Agreement
Agreement Between User and The Sites
The thecottagetableexperience.com and cottageintheoaks.com websites ("Sites") is comprised of various web pages operated by Daune Pitman and offered to you on your acceptance without modification of terms, conditions, and notices contained herein (the "Terms"). Your use of these Sites constitutes your agreement to all such Terms. Please read the Terms carefully and keep a copy of them for your reference. The Sites are e-commerce Sites.
Privacy
Please see our Privacy Policy.
We may use your email address to send you Site-related notices and communications in lieu of postal mail (including any notices required by law). We may also use your email address to send you marketing messages. If you correspond with us via email, we may retain such emails message, your email address, and our responses.
Our Sites will never sell or give away the information we collect to anyone other than where required by law, regulation, legal process, or governmental request as required by law.
Your Account
If you use these Sites you are responsible confidentiality of your username and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account to any other person or entity. You acknowledge that the Sites are not responsible for third party access to your account that results from theft or misappropriation of your account. The Sites reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Minors
The Sites do not knowingly collect, online or offline, personal information from any individuals under the age of sixteen (16). If you are under 16, you may only use our Sites with parent or guardian permission.
Electronic Communication
Visiting the Sites or emailing the Sites constitutes electronic communications. You consent to receive electronic communications and 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.
Anyone that in inappropriate or harassing in any way through submissions on the contact page, emails, comments social media, or anywhere associated with the Sites can and will be removed from the Sites without reimbursement.
Refunds Policy
We do not offer refunds for products, workshops, classes, or retreats (unless there has been a mistake on our part). For products you can email us within 7 days for a possible exchange. We are not responsible for shipping fees for any exchanges product.
Live workshops and retreats are non-refundable - you may transfer your spot to another individual by a certain date as per the contract signed when your registered if you cannot attend. If we have individuals on a waitlist we will contact them to inform them of the opportunity to take your place. Once transferred your reserved spot will be removed. If we cancel a live workshop or retreat you will receive a refund.
Online courses are non-refundable and non-transferrable.
Anyone that is inappropriate or harassing in any way through email, social media, or anywhere else connected to the Sites will be removed immediately without reimbursement.
Links to Third Party Sites and Services
The Sites may contain links to other websites and services ("Linked Sites"). Linked Sites are not under the control of the Sites and we are not in any way responsible for the contents on any Linked Sites, or any changes or updates on Linked Sites. These are provided as resources and for convenience
For more information on Third Party Sites and Services please see our Privacy Policy.
Unlawful or Prohibited Use of Intellectual Property
You are granted a non-exclusive, non-transferrable, revocable license to access and use the Sites strictly in accordance with these Terms and Conditions of Use. As a condition of use of the Sites, you will not use the Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites in any way that would overburden, disable, damage, or impair the Sites; or interfere with any other party's use or enjoyment of the Sites.
You may not obtain or attempt to obtain any information through any means not intentionally made available or provided through the Sites.
All content provided on the Sites as part of the Service, such as text, graphics, logos, images, videos, or any compilation thereof, and any software used on the Sites, is the property of the Sites 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 sale, create derivative works, or in any way exploit any of the content, in whole or part, found on the Sites. The Sites content is not for resale.Your use of the Sites does not entitle you use any protected content, alter any proprietary rights or attribution notices in any content, or make any other unauthorized use of protected content.
You agree that you do not acquire ownership rights to any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Sites or our licensors except as expressly authorized by these Terms.
You will use protected content solely for personal use, and will make no other use of content without express written permission of Daune Pitman and the copyright owner.
International Users
The Services are controlled, operated, and administered by the Sites from our offices within the USA. If you access the Sites from a location outside the USA you are responsible for compliance with all local laws. You agree that you will not use the Sites content accessed through the Sites in any county or in any manner prohibited by an applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless the Sites, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including attorneys' 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 rights of a third party, or your violation of any applicable laws, rules or regulations. The Sites reserve the right, at its cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will fully cooperate with the Sites in asserting available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions thereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration and by mediation in Eastern North Carolina by a neutral arbitrator and administered by the American Arbitration Association. The arbitrator's award shall be final, and in the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
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'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 the Sites agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representation or class proceeding.
Liability Disclaimer
The information, software, products, and services included in or available through the Sites may include inaccuracies and typographical errors. Changes are periodically added to information herein. The Sites and or its suppliers may make improvements and/or changes in the Sites at any time.
The Sites and/or its suppliers make no representations about the suitability, reliability, availability, timelines, and accuracy of the information, software, products, services, and related graphics contained on the Sites for any purpose. To the maximum extent permitted by law, all such information, software, products, services, and related graphics are provided 'as is' without warranty or condition of any kind. The Sites and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including implied warranties and 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 Sites 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 provisions of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Sites, or otherwise arising out of use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if the Sites 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 and Access Restriction
The Sites reserve the right, in their sole discretion, to terminate your access to the Sites 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 North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of our relating to the use of the Sites. use of the Sites is unauthorized in any jurisdiction that does not give effect to all revisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between and the Sites as a result of this agreement or use of the Sites. The Sites' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Sites' right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by the Sites with respect to such use. If any part of the this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability 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.
Anyone who is inappropriate or harassing in any way through their email submission on the contact page, through email, social media, or anywhere on the Sites can and will be removed from the Sites without reimbursement.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and the Sites with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and the Sites with respond to the Sites.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions 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 Terms and Conditions
The Sites reserve the right, in its sole discretion, to change the Terms under which the Sites are offered. The most current version of the Terms will supersede all previous versions.
The Sites encourage you to periodically review the Terms to stay informed of updates.
Contact Us
The Cottage Table Experience and Cottage in the Oaks welcomes your questions or comments regarding the Terms. You can use our Contact Page to do so.