BY VISITING HOUSEOFLAVENDERS.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
OVERVIEW
The terms “we,” “us,” and “our” refer to House of Lavenders. The term the “Sites” refers to HOUSEOFLAVENDERS.COM and its sub-domains, as well as House of Lavenders pages and accounts on Instagram®, Facebook®, Twitter®, and Pinterest®. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the Sites.
House of Lavenders sells digital products, services, subscriptions, courses related to web design, blog design, business management, sales and marketing. In addition, House of Lavenders provides a blog where users can read articles about WordPress, blogging, mindset, business and happenings around our studio. All of the aforementioned should herein be referred to as the “Service.”
Use of HOUSEOFLAVENDERS.COM, including all materials presented herein and all online services provided by HOUSE OF LAVENDERS, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Sites or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them. If you do not want to agree with these Terms, do not use the Sites. We may modify these Terms from time to time, and any modifications will be effective immediately when we post them. All changes we make will be reflected in the date at the bottom of the document. You are responsible for reviewing any modified terms. Your continued use of the Sites following any changes means you accept and agree to any changes.
GENESIS FRAMEWORK REQUIRED
The Genesis Framework is required and needed in order to work with all of our themes. When purchasing a theme package with us, we install complimentary the Genesis Framework with your purchase, so you are not required to purchase it separately (unless you’d like to). You might choose to purchase Genesis Framework for the perks of having a StudioPress membership – access to framework support, child theme discounts, etc.
USE OF THE SITES AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to WordPress Design & Development and other information are subject to change. House of Lavenders makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. House of Lavenders disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
CANCELLATIONS, REFUNDS & RETURNS
Due to the digital nature of our products, we do not offer refunds.
If you purchased product that is not instant download (such as theme package with installation or an upgrade), and work has not yet been started, you can request to cancel your order and receive a full refund. After work has started, refunds are not available for these types of products.
Our top priority is that you’re satisfied and happy with your purchase. If you have any questions about your theme, package or the installation/setup process, our support team is here to help! Feel free to contact us anytime.
EXCHANGES
Under certain circumstances, we can accommodate a theme exchange or upgrade (switching from one House of Lavenders theme to another). Theme exchanges will only be considered if the original purchase took place less than 14 days prior to the date of the exchange request. Please contact us if you would like to request an exchange.
With a theme exchange, all files from your original theme purchase must be fully deleted from your computer and website. You are responsible for any cost difference between the original theme and the theme you are exchanging for.
THEME COMPATIBILITY
Our themes are only compatible with self-hosted WordPress.org. Our themes will not work on any other platform, including Squarespace, Shopify, Weebly, or Wix. To use our themes, you’ll need to have three things:
- Your own domain name
- A hosting account
- WordPress.org software installed on your domain
THIRD PARTY PLUGINS
House of Lavenders does not provide support for any third-party plugins, including those used in theme demos. For plugin-related issues, please contact the plugin developer to receive support.
While our themes are compatible with most plugins, we cannot guarantee all plugins or combinations of plugins will be compatible.
Page builder plugins: We do not support any third-party page builder plugins. We strongly encourage you to use the built-in Gutenberg editor rather installing a page builder plugin. If you truly require a page builder plugin, our recommendation is Beaver Builder. We do not recommend using Elementor or Visual Composer with our themes. Elementor, in particular, does not function well with Genesis-based themes.
THEME LICENSURE
Our themes can be installed on an unlimited number of websites for PERSONAL USE. Personal Use refers to sites that you personally own/operate, including business websites. For example, you could have a personal blog, a business website, and a second business website – all using the same license.
The only circumstance in which a new theme license needs to be purchased is if you are installing the theme on a client’s website. In that case, you will either need to purchase a second license, or your client needs to purchase their own license.
FOOTER CREDIT
You may remove the House of Lavenders footer credit from your theme.
It is strictly prohibited to replace the House of Lavenders footer credit with the credit of any other developer. You are welcome to add a second designer/developer to the footer credit, but you may not take sole credit for the development of the theme. Examples:
NO: Theme by Your Business Name
NO: Developed/development/designed by Your Business Name
YES: Theme by House of Lavenders | Customized by Your Business Name
YES: Theme by House of Lavenders and Your Business Name
YES: Site by Your Business Name | Theme by House of Lavenders
YES: No footer credit at all
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as we can in explaining the Service, please do not expect that the Site is entirely accurate, current, or error-free.
ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to House of Lavenders will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to House of Lavenders. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to House of Lavenders remains yours to the extent that you have any legal claims therein. You agree to hold House of Lavenders harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by House of Lavenders, including copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
SUPPORT
Our support team is here to help answer questions pertaining to any House of Lavenders theme setup and installation. Any further customizations to themes is not covered under our provided support.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, HOUSE OF LAVENDERS IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF HOUSE OF LAVENDERS HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL HOUSE OF LAVENDERS’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM HOUSE OF LAVENDERS, AND IF NO PURCHASE HAS BEEN MADE BY YOU HOUSE OF LAVENDERS’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with House of Lavenders. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and House of Lavenders pertaining to the Sites and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by House of Lavenders shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by House of Lavenders.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
stela [at] houseoflavenders [dot] com
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
REFUSAL OF SERVICE
The Services and Shop products that are offered are subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: April 2021
