
Welcome! Thank you for visiting www.heart-stories.com. This website ("Site") is owned and operated by Cherish Tree, Inc. ("Cherish Tree"). Cherish Tree operates this Site to provide online access to information about Cherish Tree and our products. By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). These Terms of Use along with our Privacy Policy constitutes the Agreement. Please read these Terms of Use carefully.
Cherish Tree reserves the right to modify the Terms of Use at any time without giving you prior notice. All such changes shall be effective immediately upon posting. We encourage you to review these terms and conditions frequently, as your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.
1. Use of Site
While we encourage you to print information to help you shop, unless otherwise specified, no products or services on this Site, including but not limited to the content of the Site, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, used to create works from or used in any other way, except with prior written permission of Cherish Tree and with express attribution to Cherish Tree.
Any conduct by you that in Cherish Tree's sole discretion restricts or inhibits any other user from using or enjoying our Site will not be permitted. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree to use our Site only for lawful purposes.
You are prohibited from posting on, transmitting, or creating through our Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
2. Copyright
All content included on this Site is the exclusive property of Cherish Tree and is protected by U.S. and international copyright laws. The compilation of all content on this Site is the exclusive property of Cherish Tree and is protected by U.S. and international copyright laws. ALL RIGHTS ARE EXPRESSLY RESERVED.
3. Trademark
Cherish Tree retains all rights to its trademarks, trade names, brand names, trade dress and other such intellectual property including without limitation Cherish Tree™ and Heart-Stories™. These trademarks, together with all associated service marks, slogans and other Cherish Tree's product names, graphics, logos, service names and custom icons are included within the intellectual property of Cherish Tree. ALL RIGHTS ARE EXPRESSLY RESERVED. Any other trademarks that appear on this site and are not owned by Cherish Tree are the property of their respective owners.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by or of Cherish Tree with the third party, the third-party web site, or the information contained therein. Cherish Tree tions is not responsible for the availability of any such web sites. Cherish Tree is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites.
5. Disclaimer of Warranties
THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHERISH TREE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SITE, THE CONTENT, AND ANY PRODUCT FURNISHED OR TO BE FURNISHED VIA THE SITE. CHERISH TREE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHERISH TREE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR RESULTS OF THE USE OF THE CONTENT ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
6. Limitation of Liability
IN NO EVENT WILL CHERISH TREE, ITS OFFICERS, DIRECTORS, SHARHEOLDERS, EMPLOYEES, AFFILIATES, OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR OF THE INABILITY TO USE THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF AND TO THE EXTENT ANY STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, DAILY BREAD CREATIONS’ LIABILITY, IN SUCH STATE, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Product Information Disclaimer
It is Cherish Tree's intent to provide the most accurate and up-to-date information available throughout the Site and in our communications with you. Occasionally, information on this Site may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. Cherish Tree reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.
8. Privacy
Please click here to see our Privacy Policy.
9. International Users
Cherish Tree makes no representation that materials on the Site are appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use the Site or export information or materials at this Site in violation of the export or other laws, regulations, executive orders, decrees or other legal enactments or requirements of the United States or any other country.
10. User Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Cherish Tree reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Site.
11. Termination
This Agreement will terminate immediately without notice from Cherish Tree if in Cherish Tree's sole discretion you fail to comply with any term or provision of the Agreement. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
12. Indemnity
You agree to indemnify and hold Cherish Tree harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Agreement or violation of any law or the rights of a third party, including but not limited to, any legal action connected with copyright infringement as a result of materials provided by you to Cherish Tree.
13. User Comments & Testimonials
Cherish Tree sincerely welcomes and appreciates your comments about our Site and products. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Site shall be and remain the exclusive property of Cherish Tree. Your submission of any such Comments shall constitute an assignment to Cherish Tree of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Cherish Tree will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. Additionally, you acknowledge that you have full responsibility for any submission you make, including its legality, reliability, appropriateness, originality, and copyright.
14. Entire Agreement
The policies described or referred to on this page constitutes the entire agreement of the parties with respect to the subject matter hereof. This Agreement supersedes all prior communications and proposals, whether electronic, oral or written between you and Cherish Tree with respect to this Site. No waiver by Cherish Tree of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
15. Enforcement
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, then that provision shall be deemed severable from this Agreement and shall not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement or your use of the Site and products are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of laws provisions. By using this Site, including by virtue of purchasing products hereon, you agree to submit to the jurisdiction of the State of California and agree that it shall serve as the sole and exclusive venue for any disputes relating to this Site.