Terms of Use | The Curated Hearth

Effective 04/30/2023

The Curated Hearth is owned and operated by Elair and Kristen.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. This website offers things such as information, personal opinions, items occasionally for sale, and services such as tarot card readings and psychic mediumship sessions, all of which are for entertainment purposes only. Only proceed to schedule your service, complete your purchase, or use any of our resources if you agree to these terms. Our Privacy Policy explains how we collect and use your information while our Terms of Service and Conditions outline your responsibilities when using our services. By using our website and services, you’re agreeing to be bound by these Terms of Service and Conditions. Please see our Privacy Policy for information about how we collect, use, share and otherwise process information about you.

If you do not agree to all of these terms, do not use this website, make a purchase, or schedule a service with Elair, Kristen, or through The Curated Hearth. We reserve the right to amend our services, resources, products, information, website, Terms of Service and Conditions, and Privacy Policy at any time. If you do not agree to the amendments or the amended items, you are to stop using our website and services immediately. You agree to periodically review these Terms of Service and Conditions in order to be aware of any amendments. No changes to these Terms of Service and Conditions are valid or have any effect unless agreed to by both Elair and Kristen, of The Curated Hearth, in writing. You may not assign, sublicense, or transfer any of your rights and obligations outlined in these Terms of Service and Conditions to another party.

You consent to the exchange of information and documents between yourself and either Elair@TheCuratedHearth.com and/or Kristen@TheCuratedHearth.com electronically over the Internet or by e-mail. If you have an account with The Curated Hearth or have purchased a product or service, we will send you information and documents to the e-mail address that you provided. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. By accessing or using the website of our service, you indicate that you have read, understood, and agree to be bound by these Terms.

Payments/refunds, scheduling services, and rescheduling/cancellations:

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to purchase: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services and for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.

We reserve the right to stop, cancel, or refund a service at any time, even during the service.

All payments are final within 48 hours prior to your scheduled service, or upon purchase of an item. Unless specified and agreed upon prior by Elair or Kristen of The Curated Hearth, all services are private (one-on-one.) All additional people must pay the current rate of the same service and be authorized to attend, before the appointment. Elair and Kristen must have more than 48 hours request and agreement of additional attendees.

Transfers of your appointment, if any, to another person without the prior written consent of The Curated Hearth are prohibited.

Elair and Kristen, of The Curated Hearth, both reserve the right to reschedule or cancel services and appointments at any time, for any reason. In the event that you have completed payment and The Curated Hearth fully cancels your service or appointment, we will issue you a refund in full for no more than the amount initially paid in US Dollars (USD.) Conversion fees are not covered by The Curated Hearth therefore will not be refunded.

You are permitted up to three (3) rescheduled calendar dates of your service appointment at no extra cost. Reschedules on behalf The Curated Hearth and its Parties do not count towards your three (3) permitted reschedules. In the event that you completed the payment process and an appointment or service has been rescheduled three (3) times, upon needing to be rescheduled again or cancelled, The Curated Hearth will cancel the appointment and issue a refund for the amount initially paid in (USD) US Dollars. You will need to purchase a new booking in full to continue services.

The Curated Hearth requires at least a fourty-eight (48) hours notice when rescheduling or canceling your appointment or service. Sales for digital or emailed products or services are final immediately upon purchase and will not be refunded. For services or appointments of two people or more, at minimum seventy-two (72) hours notice is required for any changes to the appointment. Please email Elair@TheCuratedHearth.com or Kristen@TheCuratedHearth.com with your name, service type, appointment time, and a detailed message as soon as you know you are not able to make it.

If you miss your appointment with no prior notification, you are considered a no-show, The Curated Hearth reserves the right to refuse a refund. If you are more than twenty (20) minutes late to a scheduled service appointment, we reserve the right to refuse service and it will be classified as a missed appointment, The Curated Hearth reserves the right to deny a refund. You will have to purchase a new booking to receive that service.

Tickets purchased for events and classes that are held by The Curated Hearth are not eligible for refund. However, in the event that the event needs to be cancelled on behalf of The Curated Hearth, we will refund the original form of payment.

Products purchased for shipping from The Curated Hearth are not eligible for refund or returns unless explicitly stated on the item's listing. We may use third-party carriers to ship and deliver the products that you order. The Curated Hearth, Elair, and Kristen are not responsible for any theft, loss, or damage to any such products after we have delivered the products to a third-party carrier. Products may be shipped in one or multiple packages. Shipping costs provided to you at the time of purchase during checkout are your responsibility. You agree to select the appropriate type of shipping needed for shipping and handling the item you are purchasing with care.

Age limit:

In order to use our website and/or receive our services, you must be at least eighteen (18) years of age, or of the legal adult age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. For minor’s, you are required to make your parent or legal guardian aware of your interest and they are to review our Terms of Service and Conditions, Privacy Policy, before proceeding with accepting them and booking our service on your behalf as your legal acting authority. There will be no additional charge for a parent or guardian that must accompany a minor while using our services or making purchases. Minors are not eligible for emailed or digital services or products from Elair, Kristen, or The Curated Hearth. By continuing with purchases of such items, you agree that you meet the eligible standards and terms of this agreement.

OUR SERVICES AND ALL PURCHASBLE ITEMS ARE FOR ENTERTAINMENT PURPOSES ONLY. You agree that you will take full responsibility, being of sound mind, with your decisions before, during, and after our services, and you further agree that you will not make or take action on any decisions based on the information that we share with you. We are not liable for any consequences resulting from your actions.

Disclosures:

You’re responsible for your use of our services and any content that you provide. Content on the services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so. Do your due diligence to confirm and understand information.

This website is for personal and non-commercial use only. You agree that you will only access or use the website for lawful purposes and in accordance with these Terms of Service and Conditions. Unless explicitly stated, The Curated Hearth and the content on the website is not to be construed as an offer to sell any product or service.

When scheduling a service, you understand and agree that The Curated Hearth and its Parties are not medical professionals, veterinarians, attorneys, accountants, mental health professionals, or any other licensed professional, and therefore do not give medical, legal, tax, or any other professional advice. Any information is for entertainment purposes only and is not to be used in place of any medical, legal, tax, financial, or other advice or diagnosis from qualified and licensed professionals in the appropriate fields. The Curated Hearth and its Parties, Elair and Kristen, will not be held liable for any damages, loss, treatments, or compensation resulting from the use of this website or as a result of any of our services. We are not liable for any actions or decisions that you may make as a result, including without limitation, actual, incidental and/or consequential affects and effects resulting from any claims, acts, actions, omission, negligence, fraudulent misrepresentation or otherwise, including and without limitation to personal injury, death, loss of income, stress (emotional or otherwise), errors or omissions, and so forth. The Curated Hearth, Elair, and Kristen are not responsible for decisions you make. Your consultation and interpretation of our website and services is subject to your own personal understanding and therefore, decisions you make are made of your own free will.

No guarantee on outcome of any services can or will be made. You’re permitted to stop using our services at any time. We reserve the right to suspend or terminate your access to our services and website with or without notice.

The Curated Hearth aims to give you great services but there are some things we can’t guarantee. Your use of our services is at your sole risk. You understand that our services and any content posted or shared by users are provided “as-is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, The Curated hearth doesn’t represent or warrant that our services are accurate, complete, reliable, current, or error-free. No information obtained from The Curated Hearth or through our services will create any warranty or representation not expressly made in this paragraph. The Curated Hearth may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our services (collectively, “Third-Party Content”). We do not control or endorse these Third-Party services, and we make no representations or warranties regarding, any Third-Party Content. You access and use Third-Party Content at your own risk.

The Curated Hearth cannot and does not guarantee that files or data available for downloading on, through, or as a result of the The Curated Hearth’s website or through the email of Elair or Kristen, will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the website and your computer, internet, and data security. The Curated Hearth is not liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, hackers, or other technologically harmful materials that may cause harm to your computer equipment, computer programs, data, or other proprietary material due to your use of the website or items from Elair@TheCuratedHearth.com or Kristen@TheCuratedHearth.com . We are not liable for any loss or damage caused by any services or items found or attained on, through, or as a result of The Curated Hearth website, Elair@TheCuratedHearth.com or Kristen@TheCuratedHearth.com , or your downloading of any material posted on or through the website, or on any other third-party links through our website. We do not assume responsibility for the accuracy or appropriateness of, and have no control over, the information, data, opinions, advice, or statements contained at third-party sites, and we make no representations about such. When you access external and third-party links and websites, you acknowledge and agree that you are doing so at your own risk. Your use of such links and sites may be governed by their terms and conditions. It is your sole discretion to access their terms and conditions as well as their privacy policies. Although we provide external links, we are not endorsing them, nor are we a publisher or disseminator of any material contained in those sites and links. We do not monitor them.

Responsibilities, claims, personal information, and liabilities:

For personal information you provide to us that you represent and warrant that you have lawfully collected and have a right to use that personal information, and that you or a third party have been provided all required notices and received all required consents before collecting and using the personal information. Some of the personal information we may collect include your name, payment information, questions or comments, feedback, and more. You agree that The Curated Hearth, Elair, and Kristen’s, use of such information in accordance with the purposes for which you provided it does not violate, misappropriate or infringe any rights of your or another person (including intellectual property rights or privacy rights) and will not cause us to violate any applicable laws.

We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud, or intentional misconduct of The Curated Hearth, Elair, or Kristen in providing the services. We’re responsible to you only for the cost of your payment.This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement. The Curated Hearth and its Parties won’t be liable for:

(a) Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if The Curated Hearth and its Parties have been advised of the possibility of such damages.

(b) Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability of The Curated Hearth and its Parties for any claim arising out of or relating to these Terms or our services, regardless of the form of the action, to the greater of $50.00 USD or the amount paid by you to use our Services.

We want to address your concerns without needing a formal legal case. Before filing a claim against The Curated Hearth or its parties, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email to Elair@TheCuratedHearth.com and Kristen@TheCuratedHearth.com both. The notice must (a) include your full legal name, mailing address, email address, telephone number, and best days/times to call; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address you provided us and will contain the information described above. If we can’t resolve matters within sixty (60) days after any notice is sent, either party may initiate seeking legal mediation. If a resolution has not been reached within thirty (30) days after both parties beginning mediation, either party may then seek a formal proceeding.

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless The Curated Hearth, and our agents, partners, and employees, both individually and collectively, from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) arising out of choices you made. To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless The Curated Hearth, and our agents, partners, and employees, both individually and collectively, from and against any losses, liabilities, claims, demands, damages, expenses, or costs (“Claims”) related to your violation of these terms, including misappropriation or infringement of any rights of another person (including intellectual property rights or privacy rights) or your violation of the law. You agree to promptly notify both Elair and Kristen, of The Curated Hearth, of any third-party claims, and you agree to cooperate with The Curated Hearth in defending such claims as well as pay all fees, costs and expenses incurred with defending such claims (including attorneys’ fees). You also agree that the The Curated Hearth will have control of the defense and settlement of any third-party claims.

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Elair and Kristen of The Curated Hearth. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.