Retreats
Retreats have a limited number of spaces based on accommodation and sewing machine availability. The number of participant spaces available are noted in the respective retreat listing and are filled on a first come, first serve basis.
“I”, “we”, “me”, “myself” and “halfmoon ATELIER” refer to Meghann Halfmoon, sole proprietor of halfmoon ATELIER, who is organizing and offering the Sewing retreats.
“You”, “your”, “traveler”, “participant” refer to you, the individual who has purchased a space in one or more Sewing retreats and will be traveling to the retreat location.
"Trip" or "retreat" refer to the Sewing retreat(s) which you have purchased.
Registration for a Sewing retreat is done by purchasing a space through the product listing.
Please be sure to read these terms and conditions carefully prior to completing your registration and contact me at hello@halfmoonatelier.com should you have any questions. Some of these terms and conditions below draw your attention to the fact that my obligations to you are limited.
Once the retreat officially begins (as of 5:00pm on the retreat start date), I will do everything I can to make sure you enjoy your time. I also rely on you to let me know if something is not working or if you have/notice any issues. I am so excited to meet you and welcome you! I look forward to a successful, creative and inspirational retreat together!
Cancelation Policy.
As the organization of the Sewing retreats involve advanced preparation with which expenses are associated, Sewing retreats are non-refundable. The prices of each retreat are excluding any travel to the retreat location and are clearly indicated in each retreat listing. "Private" refers to a private hotel room, "shared" refers to a shared hotel room and "local" refers to a retreat space without hotel room or breakfast. A deposit of 50% of the retreat cost, based on your choice of accommodation, is due to reserve your spot, and is offered on a first come basis. This deposit includes a $600 non-refundable fee, non-refundable at any time. If you chose to pay in two installments, an invoice will be sent to you for the remainder of the cost by the date indicated in the retreat listing, no less than 3 calendar months before the start of the retreat. The date upon which the balance will be due is listed in the product listing of each respective retreat, and is no more than 21 days past the invoice date. The retreat is 100% non-refundable 3 calendar months before the start of the retreat.
Should you, for any reason, need to cancel your participation, this must be done in writing (e-mail) before the non-refundable date, 12 midnight EST, 3 calendar months before the start of the retreat. You will then be refunded the amount you have already paid, less $600. After this time, no refunds will be made.
Although no refunds will be made after the non-refundable date, your spot in the retreat is transferable at any time, up until the start of the retreat. You, the traveler, are responsible for finding a new participant and arranging for any payments or exchange of money to be made between yourself and the new participant.
Cancelation by Meghann Halfmoon of halfmoon ATELIER.
I reserve the right to cancel the Sewing retreats at any time for any reason, including if there are too few participants, or if I assess the quality of the trip or the safety of travelers to be compromised in any way. In such an unlikely event, a refund of payments received shall constitute full and final settlement. I, Meghann Halfmoon of halfmoon ATELIER, cannot be held responsible for any loss incurred on account of non-refundable or non-transferable air, train or boat tickets, hotels or any other costs incurred in addition to the funds that have already been transferred to me. This means that I am only responsible to refund the money that I have directly received from you if I cancel the retreat. Travel insurance is highly recommended and is the responsibility of the traveler.
Traveler Responsibility.
It is the traveler’s responsibility to ensure the retreat and its activities are appropriate to their physical abilities and interests.
Saba is, unfortunately, not easily accessible for travelers with limited mobility, but also not impossible. Retreats held off of Saba may also be in locations that pose challenges to travelers with limited mobility or medical concerns. Please contact me first if you believe this applies to you so that we can discuss potential issues. I am happy to give my opinion and offer advice, as well as do my best, within the budget of the retreat, to make arrangements for alternative transportation for travelers with restricted or limited mobility. However, it is the responsibility of the traveler to ensure their health or abilities will allow them to participate fully in the activities offered during the retreat. I, Meghann Halfmoon of halfmoon ATELIER, reserve the right to decline acceptance of participation if I believe a traveler’s health or ability will impede the operation or ability of other travelers to fully participate in the activities offered during the retreat.
Travelers are responsible for being in sufficiently good health to undertake their trip; for obtaining the appropriate medical and cancellation insurance; for studying all pre-departure information; and for acting in a manner considerate of fellow travelers as well as locals and the environment of the retreat location. Travelers assume full responsibility for all risks, including (but not limited to) any loss, injury, death or damage to them, their family or their dependents arising in connection with their participation, or the participation of their family, in the retreat/trip, and for ensuring that they have adequate insurance coverage to cover any loss.
Travel Risk.
Any form of travel contains inherent risks. Medical facilities and services in the Sewing retreat locations, or along your trip to the Sewing retreat location, may not be easily accessible, sophisticated or commensurate with what you are used to. Although I do my best to ensure Sewing retreat locations are safe, there are other inherent risks associated with travel, such as theft or loss of or damage to property. I believe in using the services of local, independent suppliers, including for lodging, transportation, food service, and local tours and activities, in order to support local economies and offer the most authentically local experience I can. Services are obtained from independent suppliers over whom I, Meghann Halfmoon of halfmoon ATELIER, have no control.
Although I have done my best to choose appropriate independent suppliers to provide services during Sewing retreats, I have no right to control their operations and therefore have made travel arrangements for the retreat on the condition that I, Meghann Halfmoon of halfmoon ATELIER, will not be liable for any act or omission of any independent supplier or any unrelated third party. The services provided by independent suppliers are subject to the local laws of Sewing retreat locations, where the retreat takes place and services are provided, and any conditions imposed by those suppliers. The liability of the independent suppliers may be limited by their tariffs, conditions of carriage, tickets and vouchers, and international conventions and agreements.
Travelers further agree that they will indemnify and hold me, Meghann Halfmoon of halfmoon ATELIER, harmless in respect of any claims arising in connection with the trip made by: i) third parties, which arise from the misconduct of the travelers; ii) the traveler’s family members, dependants or heirs, iii) third parties, which the traveler, their estate, their family members, dependants or heirs have sued, if damages are recovered from such third parties, to the extent the third party obtains any indemnification from Meghann Halfmoon of halfmoon ATELIER; except where the loss, injury, death or damage is caused by the reckless or fraudulent conduct on the part of myself.
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Returns
Because of the nature of digital items, returns and/or exchanges on PDF patterns and other downloadable goods are not possible.
Regarding finished handmade goods, these are limited edition and are only eligible for return if they've arrived to you in a damaged condition. You will need to provide a photo of this as soon as you've received the product. This must be done within 7 days of receiving your package. If 7 days have gone by since the arrival of your purchase, unfortunately I cannot offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Fabric + pattern sewing kits consist of a digital PDF sewing pattern and fabric and corresponding notions sent to you by Organic Cotton Plus. Because of the nature of digital items, returns and/or exchanges on the digital portion of this product is not possible. The physical portion of this product (for example: fabric, thread, needle) are eligible for return according to the return policy of Organic Cotton Plus, which is available here.
Non-returnable items:
+ Downloadable software products (ie. PDF patterns)
To complete your return, I require a receipt or proof of purchase.
There are certain situations where only partial refunds are granted (if applicable)
- Any item not in its original condition, is damaged or missing parts for reasons not due to my error.
- Any item that is returned more than 7 days after delivery.
Refunds (if applicable)
Once your return is received and inspected, I will send you an email to notify you that I have received your returned item. I will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact me at hello@halfmoonatelier.com.
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
I only replace items if they are defective or damaged. If you need to exchange something for the same item, please send me an email at hello@halfmoonatelier.com and I will let you know the address to which you can ship your product.
Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, I will send a refund to the gift giver and she will find out about your return.
Shipping
Should you have received a finished handmade product that arrives damaged, send this to:
Meghann Halfmoon
c/o SES NV
7500 NW 81st Place, Suite 2
Miami, FL 33166
USA
You will also need to send me an e-mail with a return invoice, so that this can clear customs upon arrival to Saba (you will not be responsible for the shipping or customs fees from Miami to Saba for returned goods, if you've been in contact with me before shipping these.)
You will be responsible for paying for your own shipping costs for returning your item to the Miami address. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. I cannot otherwise guarantee that I will receive your returned item.
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PRIVACY STATEMENT
I greatly value and respect your right to privacy. I will never offer or sell your information to third parties, unless required to do so by law.
SECTION 1 - WHAT DO I DO WITH YOUR INFORMATION?
When you purchase something from my store, as part of the buying and selling process, I collect the personal information you give me such as your name, address and email address, only insofar as is required by law (eg. for tax purposes) or delivery of service (eg. if ordering a physical product).
When you browse my store, I also automatically receive your computer’s internet protocol (IP) address in order to provide me with information that helps me learn about your browser and operating system.
Email marketing (if applicable): I will only send you emails about my store, new products and other updates with your active consent and permission. I use MailChimp to collect your name and e-mail address, only if you have requested me to do so. If you ever decide that you would no longer like to receive an e-mail from me, each e-mail contains a simple "unsubscribe" link that you may use at any time.
SECTION 2 - CONSENT
How do I (halfmoon ATELIER) get your (customer) consent?
When you provide me with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, you imply that you consent to my collecting it and using it for that specific reason only.
If I ask for your personal information for a secondary reason, like marketing, I will ask you directly for your expressed consent and provide you with a clear and easy opportunity to say no.
How do you (customer) withdraw your consent?
If after you opt-in, you change your mind, you may withdraw your consent for me to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting me at hello@halfmoonatelier.com.
SECTION 3 - DISCLOSURE
I do not disclose your personal information, unless I am required by law to do so or if you violate my Terms of Service.
SECTION 4 - SHOPIFY
My store is hosted on Shopify Inc. They provide me with the online e-commerce platform that allows me to sell my products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by my store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by me will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to me. When purchasing a fabric + pattern kit through my site, for example, your order, shipping and billing information will be sent to the company who will fulfill the fabric portion of the order.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information I am required to provide to them for your purchase-related transactions.
For these providers, I recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or me. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave my store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Links
When you click on links on my store, they may direct you away from my site. I am not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your personal information, I take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide me with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, I follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Here is a list of cookies that I use. I’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
+ _session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
+ _shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
+ _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
+ cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
+ _secure_session_id, unique token, sessional
+ storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given me your consent to allow any of your minor dependents to use this site.
SECTION 9 - CHANGES TO THIS PRIVACY POLICY
I reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If I make material changes to this policy, I will notify you here that it has been updated, so that you are aware of what information I collect, how I use it, and under what circumstances, if any, I use and/or disclose it.
If my store is acquired or merged with another company, your information may be transferred to the new owners so that I may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information I have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer, Meghann Halfmoon, at hello@halfmoonatelier.com
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TERMS OF SERVICE
OVERVIEW
This website is operated by halfmoon ATELIER. Throughout the site, the terms “I”, “me” and “my” refer to halfmoon ATELIER. halfmoon ATELIER offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting my site and/ or purchasing something from me, you engage in my “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using me website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. I reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to my website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
My store is hosted on Shopify Inc. They provide me with the online e-commerce platform that allows me to sell my products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given me your consent to allow any of your minor dependents to use this site.
You may not use my products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
I reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by me.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
I am not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. I reserve the right to modify the contents of this site at any time, but I have no obligation to update any information on my site. You agree that it is your responsibility to monitor changes to my site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for my products are subject to change without notice.
I reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
I shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to my Return Policy.
I have made every effort to display as accurately as possible the colors and images of my products that appear at the store. I cannot guarantee that your computer monitor's display of any color will be accurate.
I reserve the right, but am not obligated, to limit the sales of my products or Services to any person, geographic region or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any products or services that I offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of me. I reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
I do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
I reserve the right to refuse any order you place with us. I may, in my sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that I make a change to or cancel an order, I may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. I reserve the right to limit or prohibit orders that, in my sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at my store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that I can complete your transactions and contact you as needed.
For more detail, please review my Returns Policy.
SECTION 7 - OPTIONAL TOOLS
I may provide you with access to third-party tools over which I neither monitor nor have any control nor input.
You acknowledge and agree that I provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. I shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
I may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via my Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with me. I am not responsible for examining or evaluating the content or accuracy and I do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
I am not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at my request, you send certain specific submissions (for example contest entries) or without a request from me you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to me. I am and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
I may, but have no obligation to, monitor, edit or remove content that I determine in my sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. I take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by my Privacy Policy. To view my Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on my site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. I reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
I undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. I reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
I do not guarantee, represent or warrant that your use of my service will be uninterrupted, timely, secure or error-free.
I do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time I may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by me) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall halfmoon ATELIER, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless halfmoon ATELIER and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or me. You may terminate these Terms of Service at any time by notifying me that you no longer wish to use my Services, or when you cease using my site.
If in my sole judgment you fail, or I suspect that you have failed, to comply with any term or provision of these Terms of Service, I also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to my Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of me to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by me on this site or in respect to The Service constitutes the entire agreement and understanding between you and me and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and me (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
Terms of Service and any separate agreements whereby I provide you Services shall be governed by and construed in accordance with the laws of 5301 Bristol Way Court Yakima Washington US 98908.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
I reserve the right, at my sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to my website. It is your responsibility to check my website periodically for changes. Your continued use of or access to my website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to me at hello@halfmoonatelier.com.