Who we are
TheHeatherRose LLC, is a Black Owned Cosmetic Line. The Founder/CEO of TheHeatherRoseCosmetics is Heather.
Our website address is: https://theheatherrose.com.
TheHeatherRose contact email is Info@Theheatherrose.com
Our address is 1050 Crown Pointe Parkway, Atlanta, Ga 30341
What personal data we collect and why we collect it
The personal data collected includes personal data, such as name, email address, personal account preferences; transactional data, such as purchase information; and technical data, such as information about cookies. Personal data is also generated from technical processes such as contact forms, comments, cookies, analytics, and third party embeds. Billing information, social media information, login information, account information, communication and any marketing information.
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Contact forms
TheHeatherRose may keep contact form submissions for a certain period for customer service purposes, but you do not use the information submitted through them for marketing purposes.
Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Analytics
Some web hosting accounts collect some anonymous analytics data. Third Party web hostings may collect Data for analystics
Who we share your data with
Our site may share your data with Authorize.net for merchant purposes of sold products. Mailchimp, and mailing carriers. You can locate their privacy policies as needed.
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
Your contact information
If you have any questions or comments regarding this Privacy Policy or our privacy practices, please contact us in writing
Email Info@Theheatherrose.com, or write us at our address 1050 Crown Pointe Pkwy, Atlanta, GA, 30341
Additional information
AGREEMENT TO TERMS
If you do not agree with the terms of this Privacy Policy or our Terms Of Use, then you should immediately discontinue the use of TheHeatherRose website TheHeatherRose.com and/or services without providing us any personally identifiable information
How we protect your data
TheHeatherRose has implemented certain measures intended to safeguard your personal information collected from us. Our website is secured through using an SSL technology also known as Secure Socket Layer technology. this encryption tool provides security while information is being transmitted over the internet. Though we take protecting our systems and customers personal information extremely serious we cannot guarantee that any information may be obtained at any time during transmission of operating the site or stored information in our systems will be fully safe from intrusion by others. Please be careful to not give out your password to anyone.
TERMS AND CONDITIONS
By agreeing to these Terms, you represent that you are at least the age of majority in your stateor province of residence, or that you are the age of majority in your state or province of residenceand you have given us your consent to allow any of your minor dependents to use this Site.You may not use our products or Site for any illegal or unauthorized purpose nor may you, in theuse of our products or Site, violate any laws in your jurisdiction (including but not limited to motorvehicle 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 accountand right to use our Service.We have the right, but not the obligation, to take any of the following actions in our sole discretionat any time and for any reason without giving you any prior notice:1. Restrict, suspend or terminate your access to all or any part of our Site;2. Change, suspend or discontinue all or any part of our products or Site;3. Refuse, move, or remove any content that is available on all or any part of our Site;4. Deactivate or delete your accounts;5. Establish general practices and limits concerning use of our Site.You agree that we will not be liable to you or any third party for taking any of these actions.You understand and agree that our Site may include communications such as serviceannouncements and administrative or legal notices from us. Please note that you cannot opt outof receiving these notices.You understand that your content (not including credit card information), may be transferredunencrypted and involve (a) transmissions over various networks; and (b) changes to conformand adapt to technical requirements of connecting networks or devices. Credit card information isalways encrypted during transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use ofthe Site, or access to the Site or any contact on the Site, without express written permission byus.You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, createderivative works, or in any way exploit any of the content, in whole or in part, found on the Site.content is not for resale. Use of the Site does not entitle users to make any unauthorized use ofany protected content, and in particular you will not delete or alter any proprietary rights orattribution notices in any content. You will use protected content solely for your personal use, andwill make no other use of the content without the express written permission of and the copyrightowner. You agree that you do not acquire any ownership rights in any protected content. We donot grant you any licenses, express or implied, to the intellectual property of or our licensorsexcept as expressly authorized by these Terms.SECTION 2 – CREATING AN ACCOUNTOnce you create an account with us, you are registered on the Site. The terms “member,””membership,” and “account” all refer to this registration as a member on ‘s Site. If you are merelysurfing or browsing through the Site and have not yet created an account, your use of the Site isstill subject to this Agreement; if you do not agree to this Agreement, do not use the Site.When you create an account, you will provide a unique username and email.We will also askyou to create a password.Because any activities that occur under your username or passwordare your responsibility it is important for you to keep your username and/or password secure. Youmay not assign or otherwise transfer your account to any other person or entity. Youacknowledge that is not responsible for third party access to your account that results from theftor misappropriation of your account. Notify us immediately if you believe that someone has usedyour username, email, or password without your authorization.Furthermore, the registering party hereby acknowledges, understands and agrees to:a) furnish factual, correct, current and complete information with regards to yourself asmay be requested by the data registration process, andb) maintain and promptly update your registration and profile information in an effort tomaintain accuracy and completeness at all times.If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,TheHeatherRosewill have sufficient grounds and rights to suspend or terminate the member inviolation of this aspect of the Agreement, and as such refuse any and all current or future use ofTheHeatherRoseServices, or any portion thereof.SECTION 3 – CONDUCTAs a user or member of the Site, you herein acknowledge, understand and agree that allinformation, text, software, data, photographs, music, video, messages, tags or any othercontent, whether it is publicly or privately posted and/or transmitted, is the expressed soleresponsibility of the individual from whom the content originated. In short, this means that you aresolely responsible for any and all content posted, uploaded, emailed, transmitted or otherwisemade available by way of the Services, and as such, we do not guarantee the accuracy, integrityor quality of such content. It is expressly understood that by use of our Services, you may beexposed to content including, but not limited to, any errors or omissions in any content posted,and/or any loss or damage of any kind incurred as a result of the use of any content posted,emailed, transmitted or otherwise made available by .Furthermore, you herein agree not to make use of TheHeatherRose’s Services for the purpose of:a) uploading, posting, emailing, transmitting, or otherwise making available any contentthat shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful,and/or racially, ethnically, or otherwise objectionable;b) causing harm to minors in any manner whatsoever;c) impersonating any individual or entity, including, but not limited to, any officials, forumleaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation withan individual or entity;d) forging captions, headings or titles or otherwise offering any content that you personallyhave no right to pursuant to any law nor having any contractual or fiduciary relationshipwith;e) uploading, posting, emailing, transmitting or otherwise offering any such content thatmay infringe upon any patent, copyright, trademark, or any other proprietary or intellectualrights of any other party;f) uploading, posting, emailing, transmitting or otherwise offering any content that you donot personally have any right to offer pursuant to any law or in accordance with anycontractual or fiduciary relationship;g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited orunauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form ofsolicitation, except in any such areas that may have been designated for such purpose;h) uploading, posting, emailing, transmitting, or otherwise offering any source that maycontain a software virus or other computer code, any files and/or programs which havebeen designed to interfere, destroy and/or limit the operation of any computer software,hardware, or telecommunication equipment;i) disrupting the normal flow of communication, or otherwise acting in any manner thatwould negatively affect other users’ ability to participate in any real time interactions;j) interfering with or disrupting any TheHeatherRoseServices, servers and/or networks thatmay be connected or related to our website, including, but not limited to, the use of anydevice software and/or routine to bypass the robot exclusion headers;k) intentionally or unintentionally violating any local, state, federal, national or internationallaw, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S.Securities and Exchange Commission, in addition to any rules of any nation or othersecurities exchange, that would include without limitation, the New York Stock Exchange,the American Stock Exchange, or the NASDAQ, and any regulations having the force oflaw;l) providing informational support or resources, concealing and/or disguising the character,location, and or source to any organization delegated by the United States government asa “foreign terrorist organization” in accordance to Section 219 of the ImmigrationNationality Act;m) “stalking” or with the intent to otherwise harass another individual; and/orn) collecting or storing of any personal data relating to any other member or user inconnection with the prohibited conduct and/or activities which have been set forth in theaforementioned paragraphs.TheHeatherRoseherein reserves the right to pre-screen, refuse and/or delete any contentcurrently available through our Services. In addition, we reserve the right to remove and/or deleteany such content that would violate the Terms or which would otherwise be considered offensiveto other visitors, users and/or members.TheHeatherRoseherein reserves the right to access, preserve and/or disclose member accountinformation and/or content if it is requested to do so by law or in good faith belief that any suchaction is deemed reasonably necessary for:a) compliance with any legal process;b) enforcement of the Terms;c) responding to any claim that therein contained content is in violation of the rights of anythird party;d) responding to requests for customer service; ore) protecting the rights, property or the personal safety of TheHeatherRose, its visitors,users and members, including the general public.TheHeatherRoseherein reserves the right to include the use of security components that maypermit digital information or material to be protected, and that such use of information and/ormaterial is subject to usage guidelines and regulations established by TheHeatherRose or anyother content providers supplying content services to TheHeatherRose. You are herebyprohibited from making any attempt to override or circumvent any of the embedded usage rules inour Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition ofany information or materials supplied by our Services, despite whether done so in whole or inpart, is expressly prohibited.SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCEDue to the global nature of the internet, through the use of our network you hereby agree tocomply with all local rules relating to online conduct and that which is considered acceptablecontent. Uploading, posting and/or transferring of software, technology and other technical datamay be subject to the export and import laws of the United States and possibly other countries.Through the use of our network, you thus agree to comply with all applicable export and importlaws, statutes and regulations, including, but not limited to, the Export Administration Regulations(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program ofthe United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:a) are not on the list of prohibited individuals which may be identified on any governmentexport exclusion report(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of anyother government which may be part of an export-prohibited country identified in applicableexport and import laws and regulations;b) agree not to transfer any software, technology or any other technical data through theuse of our network Services to any export-prohibited country;c) agree not to use our website network Services for any military, nuclear, missile,chemical or biological weaponry end uses that would be a violation of the U.S. export laws;andd) agree not to post, transfer nor upload any software, technology or any other technicaldata which would be in violation of the U.S. or other applicable export and/or import laws.SECTION 5 – SUBMITTED CONTENTTheHeatherRoseshall not lay claim to ownership of any content submitted by any visitor,member, or user, nor make such content available for inclusion on our website Services.Therefore, you hereby grant and allow for TheHeatherRose the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:a) The content submitted or made available for inclusion on the publicly accessible areasof TheHeatherRose’s Sites, the license provided to permit to use, distribute, reproduce,modify, adapt, publicly perform and/or publicly display said Content on our networkServices is for the sole purpose of providing and promoting the specific area to which thiscontent was placed and/or made available for viewing. This license shall be available solong as you are a member of TheHeatherRose’s sites, and shall terminate at such timewhen you elect to discontinue your membership.b) Photos, audio, video and/or graphics submitted or made available for inclusion on thepublicly accessible areas of TheHeatherRose’s sites, the license provided to permit to use,distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Contenton our network Services are for the sole purpose of providing and promoting the specificarea in which this content was placed and/or made available for viewing. This license shallbe available so long as you are a member of TheHeatherRose’s sites and shall terminateat such time when you elect to discontinue your membership.c) For any other content submitted or made available for inclusion on the publiclyaccessible areas of TheHeatherRose’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt,publish, translate, publicly perform and/or publicly display said content, whether in whole orin part, and the incorporation of any such Content into other works in any arrangement ormedium current used or later developed.Those areas which may be deemed “publicly accessible” areas of TheHeatherRose’s Sites arethose such areas of our network properties which are meant to be available to the general public,and which would include message boards and groups that are openly available to both users andmembers. However, those areas which are not open to the public, and thus available to membersonly, would include our mail system and instant messaging.CONTRIBUTIONS TO COMPANY WEBSITETheHeatherRosemay provide an area for our user and members to contribute feedback to ourwebsite. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) toour site, you acknowledge and agree that:a) your contributions do not contain any type of confidential or proprietary information;b ) shall not be liable or under any obligation to ensure or maintain confidentiality,expressed or implied, related to any Contributions;c) shall be entitled to make use of and/or disclose any such Contributions in any suchmanner as they may see fit;d) the contributor’s Contributions shall automatically become the sole property of ; ande) is under no obligation to either compensate or provide any form of reimbursement inany manner or nature.SECTION 6 – INDEMNITYAll users and/or members agree to insure and hold TheHeatherRose, our subsidiaries, affiliates,agents, employees, officers, partners and/or licensors blameless or not liable for any claim ordemand, which may include, but is not limited to, reasonable attorney fees made by any thirdparty which may arise from any content a member or user of our Site may submit, post, modify,transmit or otherwise make available through our Services, the use of Services or yourconnection with these Services, your violations of the Terms of Service and/or your violation ofany such rights of another person.SECTION 7 – COMMERCIAL REUSE OF SERVICESThe member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploitfor any commercial reason any part, use of, or access to ‘s sites.SECTION 8 – MODIFICATIONSTheHeatherRosereserves the right at any time it may deem fit, to modify, alter and or discontinue,whether temporarily or permanently, our service, or any part thereof, with or without prior notice.In addition, we shall not be held liable to you or to any third party for any such alteration,modification, suspension and/or discontinuance of our Services, or any part thereof.SECTION 9 – TERMINATIONAs a member of https://theheatherrose.com/, you may cancel or terminate your account,associated email address and/or access to our Services by submitting a cancellation ortermination request to .As a member, you agree that TheHeatherRose may, without any prior written notice, immediatelysuspend, terminate, discontinue and/or limit your account, any email associated with youraccount, and access to any of our Services. The cause for such termination, discontinuance,suspension and/or limitation of access shall include, but is not limited to:a) any breach or violation of our Terms or any other incorporated agreement, regulationand/or guideline;b) by way of requests from law enforcement or any other governmental agencies;c) the discontinuance, alteration and/or material modification to our Services, or any partthereof;d) unexpected technical or security issues and/or problems;e) any extended periods of inactivity;f) any engagement by you in any fraudulent or illegal activities; and/org) the nonpayment of any associated fees that may be owed by you in connection withyour https://theheatherrose.com/account Services.Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, andor limitations of access for cause shall be made at our sole discretion and that we shall not beliable to you or any other third party with regards to the termination of your account, associatedemail address and/or access to any of our Services.The termination of your account with https://theheatherrose.com/ shall include any and/or all ofthe following:a) the removal of any access to all or part of the Services offered withinhttps://theheatherrose.com/;b) the deletion of your password and any and all related information, files, and any suchcontent that may be associated with or inside your account, or any part thereof; andc) the barring of any further use of all or part of our Services.SECTION 10 – LINKSEither TheHeatherRoseor any third parties may provide links to other websites and/or resources.Thus, you acknowledge and agree that we are not responsible for the availability of any suchexternal sites or resources, and as such, we do not endorse nor are we responsible or liable forany content, products, advertising or any other materials, on or available from such third-partysites or resources. Furthermore, you acknowledge and agree that TheHeatherRoseshall not beresponsible or liable, directly or indirectly, for any such damage or loss which may be a result of,caused or allegedly to be caused by or in connection with the use of or the reliance on any suchcontent, goods or Services made available on or through any such site or resource.SECTION 11 – PROPRIETARY RIGHTSYou do hereby acknowledge and agree that TheHeatherRose’s Services and any essentialsoftware that may be used in connection with our Services (“Software”) shall contain proprietaryand confidential material that is protected by applicable intellectual property rights and other laws.Furthermore, you herein acknowledge and agree that any Content which may be contained in anyadvertisements or information presented by and through our Services or by advertisers isprotected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,except for that which is expressly permitted by applicable law or as authorized byTheHeatherRose or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which arebased on TheHeatherRoseServices (e.g. Content or Software), in whole or part.TheHeatherRosehereby grants you a personal, non-transferable and non-exclusive right and/orlicense to make use of the object code or our Software on a single computer, as long as you donot, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from,reverse engineer, reverse assemble or otherwise make an attempt to locate or discern anysource code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer anysuch right in the Software. Furthermore, you do herein agree not to alter or change the Softwarein any manner, nature or form, and as such, not to use any modified versions of the Software,including and without limitation, for the purpose of obtaining unauthorized access to our Services.Lastly, you also agree not to access or attempt to access our Services through any means otherthan through the interface which is provided by TheHeatherRose for use in accessing ourServices.SECTION 12 – WARRANTY DISCLAIMERSYOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:a) THE USE OF THEHEATHERROSESERVICES AND SOFTWARE ARE AT THE SOLERISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “ASIS” AND/OR “AS AVAILABLE” BASIS. THEHEATHERROSE AND OUR SUBSIDIARIES,AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORSEXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHEREXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIEDWARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE AND NON-INFRINGEMENT.b ) THEHEATHERROSEAND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)THEHEATHERROSESERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;(ii) THEHEATHERROSESERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BEOBTAINED FROM THE USE OF THE THEHEATHERROSESERVICES OR SOFTWAREWILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OROBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUREXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THESOFTWARE SHALL BE CORRECTED.c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BYWAY OF THEHEATHERROSESERVICES OR SOFTWARE SHALL BE ACCESSED BYYOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELYRESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OFACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/ORINTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OFDATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATIONOR MATERIAL.d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL,THAT MAY BE OBTAINED BY YOU FROM THEHEATHERROSEOR BY WAY OF ORFROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOTEXPRESSLY STATED IN THE TERMS.e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OFEPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS ORBACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILEUSING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLYUNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHOHAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTICCONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THEFOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTEREDVISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.SECTION 13 – LIMITATION OF LIABILITYYOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THEHEATHERROSEAND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERSAND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUTNOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAYHAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, ANDRESULT FROM:a) THE USE OR INABILITY TO USE OUR SERVICE;b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONSAND/OR DATA;d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.SECTION 14 – RELEASEIn the event you have a dispute, you agree to release TheHeatherRose(and its officers, directors,employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other thirdparties) from claims, demands and damages (actual and consequential) of every kind and nature,known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or inany way connected to such dispute.SECTION 15 – NOTICETheHeatherRosemay furnish you with notices, including those with regards to any changes tothe Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postingson our website Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the Terms byaccessing our Services in an unauthorized manner. Your acceptance of this Agreementconstitutes your agreement that you are deemed to have received any and all notices that wouldhave been delivered had you accessed our Services in an authorized manner.SECTION 16 – INTELLECTUAL PROPERTY RIGHTSYou herein acknowledge, understand and agree that all of the TheHeatherRosetrademarks,copyright, trade name, service marks, and other TheHeatherRoselogos and any brand features,and/or product and service names are trademarks and as such, are and shall remain the propertyo f TheHeatherRose. You herein agree not to display and/or use in any manner theTheHeatherRoselogo or marks without obtaining TheHeatherRose’s prior written consent.TheHeatherRosewill always respect the intellectual property of others, and we ask that all of ourusers do the same. With regards to appropriate circumstances and at its sole discretion,TheHeatherRosemay disable and/or terminate the accounts of any user who violates our Termsand/or infringes the rights of others. If you feel that your work has been duplicated in such a waythat would constitute copyright infringement, or if you believe your intellectual property rights havebeen otherwise violated, you should provide to us the following information:a) The electronic or the physical signature of the individual that is authorized on behalf ofthe owner of the copyright or other intellectual property interest;b) A description of the copyrighted work or other intellectual property that you believe hasbeen infringed upon;c) A description of the location of the site which you allege has been infringing upon your