Conditions of Use

Last updated: April 3, 2014
Welcome to Hera21.com (the “Websites”). Alan Fisher Inc and/or its affiliates (Alan Fisher, Hera21) provide website features and other products and services to you when you visit or shop at the Websites, use Hera21 products or services, use Hera21 applications for mobile, or use software provided by Hera21in connection with any of the foregoing (collectively, t “Hera21Services”). Hera21provides the Hera21Services subject to the following conditions. By using Hera21 Services, you agree to these conditions. Please read them carefully. We offer a wide range of Hera21Services, and sometimes additional terms may apply. When you use a Hera21 Service (for example, My Account, Gift Certificates or Hera21 applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that Hera21Service (Service Terms). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control. 

Please take enough time to review below. By accessing or using the Services, including purchasing any prducts through the services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these terms; (2)that you have the right,authority, and capacity to abide by these term; (3) to comply with all aplicable laws, rules and regulations concerning your access to and use of the services; and (4) you are of legal age to form a binding contract and are not a person barred  from receiving service under the lawas of the United States or another applicable jurisdiction. Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those addtional terms will become part of these Terms when you use those services.

We reserves the right to update, change, modify or otherwise after these terms at any time. if any materials changes are made to these terms, last-pick.com may notify you by position the revised terms on the services. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSITITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS. if you do not want to be bound by these Terms, simple do not use our services.

We may terminate the Services or any portion thereof, any website or webpage within the Services or any products or services offered through the Services, or terminate your right to access or use the Services or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Services, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.

Privacy
Please review our Privacy Notice, which also governs your use of Hera21 Services, to understand our practices.

Electronic Communications
When you use any Hera21 Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, by posting notices on the Websites or through the other Hera21 Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 

Copyright
All content included in or made available through any Hera21 Service, such as text, graphics, logos, button icons, images, audio and video clips, and data compilations, is the property of Hera21 or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Hera21 Service is the exclusive property of Hera21 and protected by U.S. and international copyright laws. 

Trademarks
Hera21, Hera21.COM and other Hera21 graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Hera21 Service are trademarks or trade dress of Alan Fisher Inc in the U.S. and other countries. Hera21’s trademarks and trade dress may not be used in connection with any product or service that is not Hera21 ’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hera21 . All other trademarks not owned by Hera21 that appear in any Hera21 Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hera21 .

License and Site Access
Subject to your compliance with these Conditions of Use, Hera21 grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Hera21 Services. This license does not include any resale or commercial use of any Hera21 Service or its contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any Hera21 Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Hera21 or its licensors, suppliers, rightsholders, or other content providers. No Hera21 Service, nor any part of any Hera21 Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hera21 . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hera21 without express written consent. You may not use any meta tags or any other "hidden text" utilizing Hera21 ’s name or trademarks without the express written consent of Hera21 . You may not misuse the Hera21 Services. You may use the Hera21 Services only as permitted by law. The licenses granted by Hera21 terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account
If you use any Hera21 Service, 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. Alan Fisher does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Alan Fisher Services only with involvement of a parent or guardian. ALAN FISHER reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. ALAN FISHER reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Hera21 a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Hera21 and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hera21 for all claims resulting from content you supply. Hera21 has the right but not the obligation to monitor and edit or remove any activity or content. Hera21 takes no responsibility and assumes no liability for any content posted by you or any third party. 

Copyright Complaints
Hera21 respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Risk of Loss
All items purchased from Hera21 are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns, Refunds and Title
Hera21 does not take title to returned items until the item arrives at our returns center. At our discretion, a refund may be issued without requiring a return. In this situation, Hera21 does not take title to the refunded item. For more information about our returns and refunds, please see USA Returns and International Returns in our Customer Service pages.

Product Descriptions
Hera21 attempts to be as accurate as possible. However, Hera21 does not warrant that product descriptions or other content of any Hera21 Service is accurate, complete, reliable, current, or error-free. If a product offered by Hera21 itself is not as described, your sole remedy is to return it in unused condition.

Pricing
With respect to items sold on the Websites, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process. 

Merchandise Availability

Merchandise availability on our website is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by calling Customer Service or by joining us in Live Help in the lower right-hand corner of our homepage. You will receive a shipping confirmation e-mail once your items have shipped.

Hera21 Software Terms
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Hera21 Services (the “Hera21 Software”).

OTHER BUSINESSES
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Hera21 does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE HERA21 SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HERA21 SERVICES ARE PROVIDED BY ALAN FISHER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ALAN FISHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HERA21 SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HERA21 SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HERA21 SERVICES IS AT YOUR SOLE RISK. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALAN FISHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HERA21 DOES NOT WARRANT THAT THE HERA21 SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HERA21 SERVICES, HERA21’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OR ON BEHALF OF Alan Fisher ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALAN FISHER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HERA21 SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HERA21 SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

A.       Disclaimer. WE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE(S) BY HERA21.COM OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL PRODUCTS SOLD BY WWW.HERA21.COM ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY,  WWW.HERA21.COM  MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. WWW.HERA21.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SERVICES OR LINKED TO FROM THIS SERVICES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 B.       Limitation of Liability. IN NO EVENT SHALL HERA21 BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS SERVICES OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WWW.HERA21.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, WWW.HERA21.COM 'S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.

C.       ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

D.       IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Unauthrorized use of the web
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Services, or transmit any worms or viruses or any code of a destructive nature on or to the Services.

You agree that you shall not use the Services for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or conduct product deisgn, or modify product design, or for any purpose that is prohibited by these Terms. Illegal and/or unauthorized uses of the Services, including, but not limited to, unauthorized framing of or linking to the Services or unauthorized use of any robot, spider, or other automated device on the Services, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Applicable Law
By using any HERA21 Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and HERA21.

Disputes
Any dispute or claim relating in any way to your use of any HERA21 Service, or to any products or services sold or distributed by HERA21 or through the Websites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 3183 Wilshire Blvd, #196-A4, Los Angeles, CA 90010. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Alan Fisher will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Site Policies, Modification, and Severability
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of HERA21 Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. 

Our Address:
ALAN FISHER INC dba Hera21
3251 West 6th Strreet
Los Angeles, California 90020
http://www.hera21.com

Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Pursuant to Title 17, United States Code, Section 512 (the “Digital Millennium Copyright Act”), notifications of claimed copyright infringement should be sent to last-pick.com’s Agent set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.

You agree that monetary damages may not provide a sufficient remedy to last-pick.com for violations of these Terms, and you consent not to injunctive or other equitable relief for such violations & monetary relief.

HERA21’s Copyright for notice of claims of copyright infringement on the Websites can be reached as follows: 
Copyright Agent Mailing Address
ALAN FISHER INC
3183 Wilshire Blvd, #196-A4
Los Angeles, CA 90010 USA
tel: 1-949-945-7803  
e-mail: legal@hera21.net

Additional Hera21 Software Terms

1. Use of the HERA21 Software. You may use HERA21 Software solely for purposes of enabling you to use and enjoy the HERA21 Services as provided by HERA21 , and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the HERA21 Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the HERA21 Software or otherwise assign any rights to the HERA21 Software in whole or in part. You may not use the HERA21 Software for any illegal purpose. We may cease providing any HERA21 Software and we may terminate your right to use any HERA21 Software at any time. Your rights to use the HERA21 Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain HERA21 Software that are specifically identified in related documentation may apply to that HERA21 Software (or software incorporated with the HERA21 Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any HERA21 Service is the property of HERA21 or its software suppliers and protected by United States and international copyright laws.

1. Use of Third Party Services. When you use the HERA21 Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

1. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the HERA21 Software, whether in whole or in part, or create any derivative works from or of the HERA21 Software.

1. Updates. In order to keep the HERA21 Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

1. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to our Software. If you are a U.S. Government end user, we are licensing the HERA21 Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the HERA21 Software are the same as the rights we grant to all others under these Conditions of Use.