Privacy Policy


Last updated August 31, 2017.

CLICK HERE to download our Privacy Policy as a PDF.

Protecting your private information is our priority. This Statement of Privacy applies to putteringminis.com and Puttering and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Puttering include putteringminis.com. The Puttering website is an eCommerce site. By using the Puttering website, you consent to the data practices described in this statement.

Collection of your Personal Information

Puttering may collect personally identifiable information, such as your:

-name

-address

-e-mail address

If you purchase Puttering's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.

Puttering encourages you to review the privacy statements of websites you choose to link to from Puttering so that you can understand how those websites collect, use and share your information. Puttering is not responsible for the privacy statements or other content on websites outside of the Puttering website.

Use of your Personal Information

Puttering collects and uses your personal information to operate its website and deliver the services you have requested.

Puttering may also use your personally identifiable information to inform you of other products or services available from Puttering and its affiliates. Puttering may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Puttering does not sell, rent or lease is customer lists to third parties.

Puttering may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Puttering, and they are required to maintain the confidentiality of your information.

Puttering may keep track of the websites and pages our users visit within Puttering, in order to determine what Puttering services are the most popular. This data is used to deliver customized content and advertising within Puttering to customers whose behavior indicates that they are interested in a particular subject area.

Puttering will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Puttering or the site; (b) protect and defend the rights or property of Puttering; and (c) act under exigent circumstances to protect the personal safety of users of Puttering, or the public.

Automatic Collection Information

Information about your computer hardware and software may be automatically collected by Puttering. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding the use of the Puttering website.

Security of your Personal Information

Puttering secures your personal information from unauthorized access, use, or disclosure. Puttering uses the following methods for this purpose:

-SSL Protocol

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

Children Under Thirteen

Puttering does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Puttering by contacting us here:

-Web: putteringminis.com

-Email: heather@putteringminis.com

-Call: 971-645-8837

Changes to this Statement

Puttering will occasionally update this Statement of Privacy to reflect company and customer feedback. Puttering encourages you to periodically review this Statement to be informed of how Puttering is protecting your information.

Contact Information

Puttering welcomes your questions or comments regarding this Statement of Privacy. If you believe that Puttering has not adhered to this Statement, please contact Puttering at: heather@putteringminis.com.

Heather España+Nicol Smith

Puttering Minis

*Our Privacy Policy was created using Termly


Terms of Service


Last updated on August 31, 2017

CLICK HERE to download our Terms of Service as a PDF.

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ["you"] and Puttering ["we," "us" or "our"], concerning your access to and use of the putteringminis.com website as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto [collectively, the "Site"]. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are herby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside [generally under the age of 18] must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site [collectively, the "Content"] and the trademarks, service marks, and logos contained therein [the "Marks"] are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: [1] you have the legal capacity and you agree to comply with these Terms of Use; [2] you are not under the age of 13; [3] you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; [4] you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; [5] you will not use the Site for any illegal or unauthorized purpose; and [6] your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend your account and refuse any and all current or future use of the Site [or any portion thereof].

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

We accept the following forms of payment:

-PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax tax will be added to the price of purchases as deemed required by us. We may changes prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order place through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders place by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

RETURN/REFUNDS POLICY

Please review our Return Policy posted on the Site prior to making any purchases.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1] Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2] Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

3] Use a buying agent or purchasing agent to make purchases on the Site. 

4] Use the Site to advertise or offer to sell goods and services.

5] Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

6] Engage in unauthorized framing of or linking to the Site.

7] Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

8] Make improper use of our support services or submit false reports or abuse or misconduct.

9] Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

10] Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

11] Attempt to impersonate another user or person or use the username of another user.

12] Sell or otherwise transfer your profile.

13] Use any information obtained from the Site in order to harass, abuse, or harm another person.

14] Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

15] Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

16] Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

17] Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

18] Delete the copyright or other proprietary rights notice from any Content.

19] Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

20] Upload or transmit [or attempt to upload or to transmit] viruses, Trojan horses, or other material, including excessive use of capital letters and spamming [continuous posting of repetitive text], that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation, or maintenance of the Site.

21] Upload or transmit [or attempt to upload or transmit] any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ["gifs"], 1x1 pixels, web bugs, cookies, or other similar devices [sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"].

22] Except as may be the results of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script of other software.

23] Disparate, tarnish, or otherwise harm, in our opinion, us and/or the Site.

24] Use the Site in a manner inconsistent with any applicable laws or regulations.

GUIDELINES FOR REVIEWS

We may provide you areas on the sites to leave reviews or ratings. When posting a review, you must comply with the following criteria: [1] you should first have experience with the person/entity being reviewed; [2] your review should not contain offensive profanity, or abuse, racist, offensive, or hates language; [3] your review should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; [4] your review should not contain references to illegal activity; [5] you should not be affiliated with competitors is posting negative reviews; [6] you should not make any conclusions as to the legality of conduct; [7] you may not post any false or misleading statements; and [8] you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may except, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions, or the views of any of our affiliates or partners. We do not assume liability for any review for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grants to us a perpetual non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings [“Submissions”] provided by you to use are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain [or you may be sent via the Site or the Marketplace Offerings] links to other websites [“Third-Party Websites”] as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties [“Third-Party Content”]. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or any Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use of install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: [1] monitor the Site for violations of these Terms of Use; [2] take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law-enforcement authorities; [3] in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable [to the extent technologically feasible] any of your Contributions or any portion thereof; [4] in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in anyway burdensome to our systems; and [5] otherwise manage the site in a manner designed to protect our rights and property to facilitate the proper functioning of the Site and Marketplace offerings.

PRIVACY POLICY

We care about data privacy and security. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy posted on the Site which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are posted in the United States. If you access the Site where the Marketplace Offerings from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from the applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children, or knowingly market to children. Therefore, in accordance with the US Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISIONS OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS [INCLUDING BLOCKING CERTAIN IP ADDRESSES], TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATED YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and inductive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at anytime for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Site resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time, for any reason, without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access our use the Site or the Marketplace Offerings during any downtime, or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms are Use will be construed to obligate us to maintain support the Site or the Marketplace Offerings, or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site and the Marketplace Offerings are governed by, and construed in accordance with the laws of the State of Oregon, applicable to agreements made, and to be entirely performed within the State of Oregon, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use [each a “Dispute” and collectively, the “Disputes”] brought by either you or us [individually, a “Party” and collectively, the “Parties”], the Parties agree to first attempt to negotiate any dispute [except those Disputes expressly provided below] informally for at least thirty [30] days before initiating arbitration. Such an informal negotiations commence upon written notice from one Party to the other Party.

BINDING ARBITRATION

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute [except those Disputes expressly excluded below] will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association [“AAA”] and, where appropriate, the AAA's supplemental Procedures for Consumer Related Disputes [“AAA Consumer Rules”], both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any aware may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Yamhill County, OR. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Yamhill County, OR, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act [UCITA] are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced, more than one [1] years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to illegal or enforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the dispute between the Parties individually. To the full extent permitted by law, [a] no arbitration shall be joined without any other proceeding; [b] there is no right or authority for any Dispute to be arbitrated on a class- action basis or to utilize class-action procedures; and [c] there is no right or authority for any Disputes to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: [a] any disputes seeking to enforce or protect, concerning the validity of, any of the intellectual property rights of a Party; [b] any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and [c] any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Disputes falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agreed to submit to the personal jurisdiction that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. THE THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY [1] ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, [2] PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, [3] ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, [4] ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, [5] ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR [6] AN ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THA SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO PROVIDERS OF ANY PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROPHET, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX[6] MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS OF APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agreed to defend, indemnify, and hold us harmless including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of: [1] use of the Site; [2] breach of these Terms of Use; [3] any breach of your representations and warranties set forth in these Terms of Use; [4] your violation of the rights of the third-party, including but not limited to intellectual property rights; or [5] any overt harmful act toward any other user of the Site with him you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agreed to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine back ups of data, you are solely responsible for all the data that you transmit or that relates to any activity you have undertaking using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the site sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirements that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Compliant Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95837 or by telephone at [800] 952-5210 or [916] 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and us. Ou failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right for provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at anytime. We shall not be responsible or liable for any loss damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of the provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that portion or part of the provision is deemed separable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the Parties hereto execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Puttering

1200 E 4th Street #14

Newberg, OR 97132

[971] 645-8837

heather@putteringminis.com

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