Terms & Conditions
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Heavenly Holidays LLC. The collective work includes works that are licensed to Heavenly Holidays LLC. Copyright 2014, Heavenly Holidays LLC, ALL RIGHTS RESERVED. Heavenly Holidays LLC does not investigate to determine if such works are accurate nor can Heavenly Holidays LLC provide assurance that all such works are free of typographical errors. Heavenly Holidays LLC cannot guarantee information displayed on the site to be 100% accurate. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Heavenly Holidays LLC or purchasing Heavenly Holidays LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Heavenly Holidays LLC or to purchase Heavenly Holidays LLC products. No mechanized or other systematic process for harvesting information from the web site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Heavenly Holidays LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Heavenly Holidays LLC used in the site are trademarks or registered trademarks of Heavenly Holidays LLC.
Website Warranty Disclaimer
This site is provided on an "as is" and "as available" basis and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, heavenly holidays LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Heavenly holidays LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Heavenly holidays LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Products purchased on the treeclassics.com web site are sold subject to the terms and conditions of the limited warranties set forth elsewhere on this site. Our current warranty policy, which took effect as of September 1, 2011, is found here
. From time to time, heavenly holidays LLC may amend its warranties. Heavenly holidays LLC makes no further representations or warranties with regard to the products, and, to the fullest extent permitted by law, hereby disclaims any such warranties, including any warranty of merchantability or fitness for a particular purpose. Applicable law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you. Products are being sold for ornamental and decorative use only. The use of products for any other reason may be harmful and/or illegal. Heavenly holidays LLC assumes no liability with regard to performance of the products, or for the misuse or misplacement in your home of the products, or fire hazards arising out of your use of the products. Your ordering the products constitutes your agreement with and acceptance of these terms and conditions and releases heavenly holidays LLC from all
Heavenly Holidays LLC will ship products according to the shipping & handling option selected by you at checkout. Heavenly Holidays LLC reserves the right to change the shipping options as needed. The receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Heavenly Holidays LLC reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Heavenly holidays LLC shall not be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the materials on this site, even if heavenly holidays LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Heavenly Holidays LLC product is mistakenly listed at an incorrect price, Heavenly Holidays LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Heavenly Holidays LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Heavenly Holidays LLC shall issue a credit to your credit card account in the amount of the incorrect
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be modified or terminated by Heavenly Holidays LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall in all events survive any termination of
these terms and conditions.
Heavenly Holidays LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Heavenly Holidays LLC.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Heavenly Holidays LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Use of the site for any illegal or unauthorized purpose is strictly prohibited. Heavenly Holidays LLC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
You understand and agree that Heavenly Holidays LLC cannot be responsible for the content posted on the site by users and that your use of the site is at your own risk. Heavenly Holidays LLC is under no circumstances liable in any way for any content posted on the site or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the site by users.
Heavenly Holidays LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Heavenly Holidays LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Heavenly Holidays LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Heavenly Holidays LLC in its sole discretion.
You agree to indemnify, defend, and hold harmless Heavenly Holidays LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, any content you post to or make available on the site, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
You acknowledge and agree that Heavenly Holidays LLC may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Heavenly Holidays LLC, treeclassics.com users, and the public.
You understand that the technical processing and transmission of the site, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Notwithstanding anything to the contrary in these terms and conditions, with respect to content you submit or make available for inclusion on the site, you grant Heavenly Holidays LLC the permanent world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the site for
In an attempt to provide increased value to our visitors, treeclassics.com may link to sites operated by third parties. However, even if the third party is affiliated with Heavenly Holidays LLC, Heavenly Holidays LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Heavenly Holidays LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Heavenly Holidays LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Your use of this site shall be governed in all respects by the laws of the state of California , U.S.A. , without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Heavenly Holidays LLC products) shall be in the state or federal courts located in San Jose, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Heavenly Holidays LLC products) must be commenced within one (1) year after the claim or cause of action arises or be barred forever. Heavenly Holidays LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. These terms and conditions constitute the entire agreement between you and Heavenly Holidays LLC with regard to your use of this site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Heavenly Holidays LLC may assign its rights and duties under this Agreement to any party at any time
without notice to you.