TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING HEATHERLABELLA.COM WEB SITE. Users of Heatherlabella.com web site agree that access and use are subject to the following terms and conditions and applicable law. Failure to accept any of the preceding terms and conditions, use of Site is not permissible. These terms and conditions do not apply to use of affiliated sites that Heatherlabella.com Site only links.

These terms and conditions apply upon access or use of any content on this Site. Heather La Bella, Inc. reserves the right to modify or terminate the outlined terms of conditions without prior notice at any time for any reason. Any such modification or termination shall take effect immediately upon posting to Site. Heather La Bella, Inc. recommends reviewing these terms and conditions periodically for changes. Any subsequent use of this site following any changes or termination to these terms and conditions shall constitute acceptance of all such changes or termination. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

(Last modified on July 20, 2005)

 COPYRIGHT & TRADEMARKS
The content of Heatherlabella.com site, including but not limited to text, graphics or code is protected by copyright and trademark law, and are property of Heather La Bella, Inc. Subject to stated restrictions or limitations, displaying, downloading or printing material from this site is solely for non-commercial use. Any other use, including but not limited to reproduction, distribution, transmission, resale, lease, public display or performance of the content of this site is strictly prohibited, as well as changes or deletion of any proprietary notices; author attribution, trademark and legend or copyright, downloaded from this site. All rights not expressly granted are reserved by Heather La Bella, Inc.

All trademarks, service marks and trade names, as well as designs of Nriched used herein are trademarks or registered trademarks and copyright of Heather La Bella.

 DISCLAIMER
THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEATHER LA BELLA, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

HEATHER LA BELLA, INC. DOES NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HEATHER LA BELLA, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

HEATHER LA BELLA, INC. DOES NOT ENDORES, WARRANT OR GUARANTEE ANY PRODUCTS OR SEVICES OFFERED ON AFFILIATED SITES, NOR A PARTY TO, MONITORING ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HEATHER LA BELLA, INC. BE LIABLE FOR ANY DIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, PRODUCTS OR MATERIALS ON THIS SITE, EVEN IF HEATHER LA BELLA, INC. HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

 CONFIDENTIALITY & INTERNET TRANSMISSIONS
Heather La Bella, Inc. does not assume any liability for any damage experienced or costs incurred as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail. Heather La Bella, Inc. shall take reasonable efforts to safeguard the privacy of information provided to Heather La Bella, Inc. and treat such information in accordance with its Privacy Policy, in no event will the information provided to Heather La Bella, Inc. be deemed confidential, create any fiduciary obligations on the part of Heather La Bella, Inc., or result in any liability on the part of Heather La Bella, Inc. in the event that such information is inadvertently released by Heather La Bella, Inc. or accessed by third parties without Heather La Bella, Inc.'s consent.

 MISCELLANEOUS
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflict of laws provisions thereof. Users agree that any action in any legal proceeding directly or indirectly that arises out of or relates to these terms shall be subject to binding arbitration in accordance with the Indiana Arbitration Association and shall be arbitrated in Indiana . Any cause of action or claim with respect to this site must be commenced within one (1) year after claim or cause of action arises. Heather La Bella, Inc.'s failure to insist upon or enforce strict performance of any provision of the terms of conditions outlined herein shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties shall act to modify any of the terms and conditions. This agreement shall be modified only by posting of changes to these terms and conditions, or by a writing signed by both parties. Heather La Bella, Inc. may assign its rights and duties under this Agreement to any party at any time without notice.

 USE OF SITE
Harassment in any manner or form on this site, via e-mail by obscene or abusive language is strictly forbidden. Heather La Bella, Inc shall seek legal counsel in the event of disruption, unreasonable burdens or excessive loads on, interference with or attempts to gain unauthorized access to any portion of this site, its computer systems, servers or networks. Further agreement extends to uploading, posting or otherwise transmitting through or to this site any content, by grant to Heather La Bella, Inc., its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in Heather La Bella, Inc.'s terms and conditions.

 PARTICIPATION DISCLAIMER
Heather La Bella, Inc. cannot review all communications and materials created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. Heather La Bella, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Heather La Bella, Inc. at its sole discretion and without liability or prior notice.

 INDEMNIFICATION
User agrees to indemnify, defend, and hold harmless Heather La Bella, Inc. and its affiliates, and their officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of the terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.