Terms and Conditions (“Terms”)


Welcome to the Princess House, Inc. website. These Terms are a contract between You (“You” or “Your”) and Princess House, Inc. including its successors, subsidiaries, and affiliates (collectively “Princess House,” “PH,” “Company,” “We,” “Us,” or “Our”), with regard to the access and use of Our website and its component pages and Our mobile application (“Site”), content, and/or online services made available through the Site. Any references to Princess House shall include, where appropriate, its employees, officers, directors, investors, agents, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Princess House, but specifically excluding Independent Consultants for Princess House (“Consultants”).  Please read these Terms fully and carefully before accessing and using Our Site.

 

1. Terms Of Use.

a) Acceptance. By accessing and using Our Site, You accept and agree to be legally bound by these Terms and all prospective amendments to these Terms, including Our Privacy Policy. This agreement is made by You just as if it had been made in writing. If You do not agree to these Terms, do not use this Site or any of Our online features, products, or services. 

b) Amendment. We may amend these Terms from time to time in Our sole discretion. All amendments to these Terms will be effective immediately upon posting. Your continued access to Our Site constitutes an agreement to be bound to the Terms then effective and as amended. You also agree to accept notice of posting of any amendments or new terms through Us posting such amendments or new terms on the Site. Please review the Terms periodically so You are aware of any amendments.

c) Additional Terms. Although You are always bound by the Terms, in using additional features, products, or services You may be bound by and subject to additional terms, including but not limited to Frequently Asked Questions ("FAQs"), guidelines, guides, policies, procedures, manuals, tutorials, and rules applicable to certain features, products, or services. These additional terms may be posted and modified periodically. Any and all additional terms will not change or replace these Terms regarding use of the Site, unless expressly stated. Any and all additional terms are incorporated within these Terms by reference. To the extent You participate in Our contest, sweepstakes, or marketing activity (“Promotion”), these Terms apply with any additional Promotion rules, regulations, contracts, terms or agreements.

d) Capacity. This is a general audience Site and service for adults age eighteen (18) or over. We will assume (and by using this Site You warrant that) You have legal capacity to enter into the agreement set out in these Terms, including but not limited to, that You are of sufficient age and mental capacity, and are otherwise entitled to be legally bound in contract.

 

2. Princess House Account.

a) Login. Our Site contains account login features.  These features allow You to shop, save, and purchase Our products. We reserve the right to determine, in Our sole discretion, to change the products offered, price of products, and any other features, products, services, or terms offered as part of this or any other feature on the Site. Prices provided are subject to change at any time and without prior notice.

The account login feature also allows You as Consultant(s) to access the Consultant’s Corner to manage Your Princess House business, Your contacts, Your parties, Your orders, and to view resources, training materials, and additional information.

b) Eligibility; Account Information. In order to create an account, You must be at least eighteen (18) years of age and complete the registration process by providing Us with complete, current, and accurate information as requested in Our online registration form. By creating an account, You agree to provide true, accurate, and current data in connection with that account. Any usernames and passwords used for this Site are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password You use to access Your account. You agree to notify Princess House immediately of any unauthorized use of Your username, password, or account, or any other breach of security. We are not liable for any loss that You may incur as a result of someone using Your username, password, or account, either with or without Your knowledge.

THIS SITE IS NOT AVAILABLE TO PERSONS OUTSIDE THE UNITED STATES OR PUERTO RICO, AND THESE TERMS APPLY ONLY TO PERSONS WITHIN THE UNITED STATES. THIS SITE IS ALSO NOT AVAILABLE TO ANY PERSONS SUSPENDED OR REMOVED FROM THE SITE BY PRINCESS HOUSE. IN USING THIS SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED STATES WHO HAS NOT BEEN SUSPENDED OR REMOVED FROM THE SITE. PERSONS CHOOSING TO ACCESS THIS SITE DO SO AT THEIR OWN DISCRETION AND INITIATIVE, AND ARE RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS, ALL LOCAL LAWS AND RULES, INCLUDING WITHOUT LIMITATION, SUCH LAWS AND RULES REGARDING THE INTERNET, DATE, EMAIL, ELECTRONIC MESSAGES, PRIVACY, AND SECURITY.

c) Length. Your account will continue until You request to cancel Your account or Princess House, in its sole discretion, cancels Your account.

d) Use. The Site and its contents are for Your personal and non-commercial use only, except for commercial use by Consultants as authorized by Princess House in a separate written agreement. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services, or features obtained from the Site without Our prior written consent. Your account may not be assigned or transferred to any other person or entity, nor may You provide any other person or entity with access to Your account, either directly or indirectly.

e) Unavailability. Your access to the Site and Your account may be unavailable or interrupted from time to time for a variety of reasons, many of which We cannot control. We are not responsible for any interruptions of Your access to the Site or Your account, or any of the consequences of such interruptions.

f) Right to Refuse. Princess House reserves the right to refuse or revoke service or access to the Site to You or any user at any time.

 

3. Termination; Modification.

Without any further notice and at any time, You understand and agree that Princess House may terminate, cancel, deactivate, and/or suspend Your access to the Site and to Your account, including any and all of Your saved activity on the Site. Princess House reserves the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Site, including Your account. You understand, acknowledge, and agree that Your sole right regarding the termination or modification of Your account or the Site, is to cancel Your account and to stop using the Site. To cancel Your account email fearlessliving@princesshouse.com.

 

4. Privacy.

Your privacy is important to Us. By using this site, You agree to the collection and use of Your information within the terms of Our Privacy Policy. Please review Our Privacy Policy regularly for more information.

 

5. Monitoring.

Princess House may, but has no obligation to, monitor the use by You and other users of the Site. During monitoring, any information relating to any user or their respective activities on the Site may be examined, recorded, copied, and used for authorized purposes in accordance with these Terms and Our Privacy Policy. Furthermore, Princess House reserves the right at all times to disclose any information provided to any portion of the Site as necessary to satisfy any law, regulation, or governmental request, or to refuse to transmit, or to remove, any information or materials, in whole or in part, that in Princess House’s sole and absolute discretion finds objectionable or in violation of these Terms.

 

6. Conduct And Acceptable Use.

The following rules are a condition of Your use of and access to the Site. You are responsible for the content of Your communications and representations via the Site, and those communications and representations made in Your account via the Site.

We may require, at any time, proof that You are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating Your access to the Site or seeking other legal or equitable remedies, once We become aware of any violation of these Terms.  As a condition of use of the Site, You represent the following:

  • You will not interfere with any other user from using or enjoying the Site;
  • You will not use the Site to threaten, abuse, harass, or invade the privacy of any person;
  • Any content or materials You submit to Princess House will be appropriate and lawful;
  • You will not damage Our Site or Our servers;
  • You will not attempt to gain unauthorized access to other accounts, computer systems, or networks connected to the Site or use the Site in any way for an inappropriate or unlawful purpose;
  • You will not collect or use personal information from anyone on this Site without Princess House’s prior written permission;
  • You will not impersonate, falsely state, or otherwise misrepresent Your identity in any way; and
  • You will not use the Site, its content, or its information for any criminal or unlawful purpose or encourage anyone else to do so.

Violations of these provisions will be determined by Princess House in its sole discretion.

 

7. Ownership; Proprietary Rights.

All Site content and materials including without limitation articles, other text, logos, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Princess House or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Princess House and protected by United States and international copyright laws. Except as expressly authorized by Princess House, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of all Site content and materials.

 

8. Third-Party Sites, Products, & Services; Links.

The Site may contain links to third party websites (“Third-Party Sites”).

PRINCESS HOUSE IS NOT RESPONSIBLE FOR THIRD-PARTY SITES AND THEIR CONTENT. THE THIRD-PARTY SITES ARE NOT CONTROLLED BY PRINCESS HOUSE. ACCORDINGLY, PRINCESS HOUSE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING SUCH THIRD-PARTY SITES, HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY SITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SITES. YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY SITE DOES NOT IMPLY AN ENDORSEMENT BY PRINCESS HOUSE. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.

If You believe a Consultant is posting content or links in violation of this section, Your sole and exclusive remedy is to contact Princess House at fearlessliving@princesshouse.com with the Consultants’ name, Your contact information, and a brief description of Your concerns.  If You do not contact Princess House, We have no way to attempt to correct the issue.

 

9. Disclaimer; No Warranties; Limitation On Liability And Damages.

SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION, PRINCESS HOUSE AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE SITE, CONTENT, OR USER CONTENT FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ALLOWABLE BY LAW, PRINCESS HOUSE AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.

YOU ALSO SPECIFICALLY AGREE THAT PRINCESS HOUSE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SITE BY ANY THIRD PARTY. YOU FURTHER AGREE THAT PRINCESS HOUSE AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AND/OR MAY DISCONTINUE ANY PART OF THE SITE AT ANY TIME.

ALSO SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION AND TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL PRINCESS HOUSE AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER  IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN PRINCESS HOUSE’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND TERMINATE YOUR ACCOUNT.

NOTWITHSTANDING THE ABOVE, NOTHING IN THIS SECTION SHALL BE UNDERSTOOD TO LIMIT PRINCESS HOUSE’S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY PRINCESS HOUSE’S OWN NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT OR FOR ANY DAMAGES CAUSED BY PRINCESS HOUSE’S FAILURE TO EMPLOY REASONABLE DATA SECURITY PRACTICES AS SET FORTH IN OUR PRIVACY POLICY.

 

10. Indemnification; Hold Harmless.

You agree to indemnify and hold Princess House, its employees, officers, directors, investors, agents, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Princess House harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to Your breach or alleged breach of any terms or conditions contained in this agreement.

 

11. Dispute.

These Terms, including Our Privacy Policy, are governed by the laws of the State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms, including Our Privacy Policy, are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of the Terms, including Our Privacy Policy, shall be deemed a further or continuing waiver of such term or any other term. You agree that neither You, nor Your representatives, shall have the right or authority to bring any Claims on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other subscribers, or other persons similarly situated.

 

12. Assignment.

Princess House may assign its rights and obligations under these Terms, and any assignment will inure to the benefit of Our successors, assigns, and licensees.

 

13. Severability.

If any provision of these Terms, including Our Privacy Policy, is found invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect, as shall this agreement, as if such invalid, illegal, or unenforceable provisions had never been a part of these Terms.

 

14. Survivability.

Sections 4, 7, 10, 11, 12, 13, 15, 17, 18, and 19 shall survive any termination of this agreement.

 

15. Headings.

All headings used in these Terms are for reference purposes only and shall not be used to interpret, analyze, or construe these Terms or the terms, representations, covenants, agreements, certifications, declarations, affirmances, or statements contained herein.

 

16. Entire Agreement.

These Terms, including Our Privacy Policy, represent the entire agreement between Princess House and You regarding the use of the Site. These Terms cancel and supersede all prior understandings between Princess House and You regarding the rights herein. No provision of these Terms shall be modified or amended except as expressly stated within the Terms.

 

17. No Waiver.

No waiver of any of these Terms by PRINCESS HOUSE is binding unless authorized in writing by an officer of PRINCESS HOUSE. If PRINCESS HOUSE waives a breach of any provision of the Terms, any such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of the Terms and will in no manner afFECT the right of PRINCESS HOUSE to enforce the same at a later time.

 

18. Children’s Online Privacy Protection Act ("COPPA") Notification.

Princess House is not designed or intended for use by children under the age of 18. Pursuant to 47 U.S.C. Section 230(d) as amended, Princess House hereby notifies You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.

 

19. Digital Millennium Copyright Act.

Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Site, should be promptly sent in the form of written communication to Princess House, Inc., 470 Myles Standish Blvd. Taunton, MA 02780, 508.823.6800, or fearlessliving@princesshouse.com. All claims must include the following information:

 

a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an email address at which the complaining party may be contacted;

e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

20. Consultants.

If You are an Independent Consultant for Princess House (“Consultant”), You understand, acknowledge and accept that You are required to comply with these Terms, including Our Privacy Policy, and the terms and conditions set forth in Your independent consultant agreement (“Consultant’s Agreement”), including without limitation the Consultant’s Policies and Procedures, the Website Acceptable Use Policy, and Privacy Policy, the Social Media Digital Marketing Policies and Procedures, the Princess House Sales Compensation Plan, and any such other guidelines and policies posted on the Princess House Site, including the “Consultant’s Corner” portion of the Site, from time to time.  If there is found to be a conflict between these Terms and Consultant’s Agreement, the terms under the Consultant’s Agreement shall apply. 

 

21. You and Consultants.

a) You understand that Consultants are independent third-party contractors, and are not employees, agents, joint venturers, or franchisees of Princess House, and are otherwise not affiliated with Princess House.  As such, Princess House is not responsible or liable for the statements, acts, or omissions of Consultants.  This includes without limitation Consultants’ conduct on this Site or otherwise, including Consultants’ conduct through in-person, phone, or electronic means. 

b) Although Princess House enables Consultants to create a Princess House Consultant Personal Website (“Consultants’ Sites”) containing Princess House branding content, and that may share URLs with this Site, You understand, acknowledge, and agree that Princess House has no control over Consultants’ Sites, and is not responsible or liable for any text, images, media, customizations, or other information or materials posted by Consultants to Consultants’ Sites (collectively, “Consultant Content”) or any materials communicated by a Consultant to You.  Princess House has not taken, and makes no representation that it will take, any steps to confirm the accuracy or reliability of any Consultant’s Content or other information that a Consultant communicates to You.  Further, Princess House makes no representations or warranties as to the security or integrity of any communications--including without limitation, messages, links, media, and text--between You and Consultants.

 

22. Product Descriptions.

Princess House endeavors to be as accurate as possible in its descriptions of Goods on Our Site.  However, Princess House makes no representation nor warrants that its descriptions of Goods on Our Site are accurate, complete, without error, reliable, or current.  If You believe the Goods offered are not as described on Our Site, Your sole and exclusive remedy is to return the Goods in an unused condition subject to Our returns policy.

 

23. Contact.

If You have any questions about these Terms, including Our Privacy Policy, please contact Us at:

Last Updated:  May 22, 2017