Last Revised on September 3, 2024

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This Terms of Use Agreement (the “ToU”) is made between Cedar Hill Quill (“Cedar Hill Quill”, "Cedar Hill Quill's", "we", "our", "us", "I", "me", or "my") and you, the individual choosing to use my Online Services as defined below (“you”, “your”, "user", "users", or "user's").

 

My Privacy Policy is subject to this ToU. There are terms in the Privacy Policy that materially affect how your personal information is stored, accessed, and processed. As such, you should read my Privacy Policy in addition to this ToU.  To do so, click here.

 

Acceptance of ToU

I know these ToUs can be tedious to get through. However, by accessing my Online Services, it is understood that you agree to comply and be legally bound by the terms set out in this ToU, which is why you really should stick it out and read the whole thing.

 

Changes to Terms

From time to time, I may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use my Online Services after a change has occurred, you agree to be bound by my updated ToU.

 

Online Services this ToU Covers

Cedar Hill Quill offers a personal blog where you can browse and comment on a variety of posts centered on life in Cedar Hill, Texas and other topics of interest to me (the “Blog”). This ToU applies to my online services, including my website, www.cedarhillquill.com, and any future online services I develop, including social media pages (collectively the “Online Services”). This ToU is effective from the date you start using my Online Services and will continue until you cease using my Online Services.

 

Services This ToU Doesn’t Cover

I may, at times, link to the websites and services of other brands or partners that I like and/or that relate to my Blog postings. When you click on one of these links, you are leaving Cedar Hill Quill, and this ToU no longer applies. The way third parties do business is out of my hands, and I assume no responsibility for the content, privacy policies, or practices of any third-party website or service. Please note that when you are using any other third-party platform to interact with our Online Services, such as Google, Instagram, or Facebook, you agree to their service policies, and this ToU is, in addition to, not in place of such agreements.

 

Conditions Before You Access My Online Services

My Online Services are not targeted or intended to be used by people under the age of 18, and you are not permitted to make purchases from our Online Services unless you are over the age of 18. All children between the ages of 13 and 17 must have permission from their parent or guardian before accessing our Online Services. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access my Online Services regardless of having parental permission. You must be authorized to use our Online Services and enter into this ToU if you are acting on behalf of a company.

 

User Accounts

I don’t require you to have a user account to browse my Online Services or read or comment on the Blog. However, you may be provided with an opportunity to create a user account to access certain features of my website including personalized commenting features so that other Users can easily identify you and I can build community. All passwords created via my website are encrypted, meaning I do not have access to your password. If you wish to interact with my social media platforms or create an account through the use of a third-party, you may be required to create an account with that social media platform or third-party (the “Third-Party Accounts”).  I have no control over Third-Party Accounts or the personal information requested by these third parties. I do not have access to passwords created for Third-Party Accounts.

 

Suspension and Termination of Access to Online Services​

• Involuntary Suspension or Termination of Access to Online Services:  I may notify you if I have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior I believe is in violation. However, I reserve the right to prevent access to my Online Services, including your user account, at any time for any reason.

 

• Voluntary Termination of User Accounts:  You are free to delete your user account at any time voluntarily. If you created a Third- Party Account, your account may be terminated by contacting the third party directly.

 

Publicity & User Reviews

I love showing others how my Online Services are enjoyed by others! When you post a public review, post, or comment on my website or on a third-party platform (including Instagram, Facebook, and Google Reviews), you grant to Cedar Hill Quill a perpetual, worldwide, payment-free, irrevocable license to use, repost, republish and share any such public reviews, posts, or comments that you make about Cedar Hill Quill for my publicity and marketing purposes. While the User reviews I post are based on the real-life experiences and opinions of such Users, such opinions do not reflect the experiences of all of my Users, and User experiences with my Online Services may vary. The views and opinions in such reviews solely belong to the User and do not reflect my views and opinions.

 

Intellectual Property & Grant of License to Use Online Services

My Online Services contain content - such as the “Cedar Hill Quill” name and logo, descriptions, my website design, my website code, videos, and photos – that is protected by copyright, trademark, patent, trade secret, and other laws. I own and retain all rights to such content. I also use AI in a limited scope, such as to help brainstorm and get started on new ideas, to help create initial and subsequent drafts, to proofread, and to perform similar tasks. I may also use some open source and licensed third-party content in my Online Services such as fonts, photos, and graphics. I do not make any claim of ownership to AI or third-party content, and no user is permitted to use third-party content in a way that violates third-party licensing agreements. Cedar Hill Quill does not grant or transfer any other rights, title, or interest to you other than the following limited license: Cedar Hill Quill grants to you a limited, non-exclusive, non-transferable, revocable license to access and use Cedar Hill Quill's Online Services for non-commercial personal purposes only. Cedar Hill Quill reserves the right to terminate this license at any time if your use of our Online Services is not in strict compliance with this ToU. For purposes of clarity, you must not appropriate, exploit, adapt, recreate, reproduce, publish, or distribute any current, past or future website content, in any form or media, unless I have signed and had notarized a written agreement with you stating otherwise.

 

Guidelines for Content You Upload

I look forward to seeing your comments on the Blog and other interactions on my Online Services, including but not limited to text, writings, video, audio, photographs, graphics, personal information, or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Online Services. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. The purpose of these Contributions is to facilitate a community. To ensure that these Contributions are enjoyable for everyone, I have established some ground rules to follow, and by making a Contribution, you agree to comply with these terms:

 

• Do not:

  • Post content to spam or send unsolicited commercial posts;

  • Share, upload, copy, distribute, exploit or otherwise make available for commercial use any content that is not solely owned by you or that you have not secured the rights in;

  • Post content or communicate in a way that infringes or violates the rights of any third-party, including, without limitation, any intellectual property rights, rights of privacy, rights in contract, rights of publicity, or rights in confidential information;

  • Post content that is false, inaccurate, or misleading;

  • Post content or communicate in a way that is unlawful, abusive, unfairly critical, defamatory, illegal, unlawful, or pornographic or obscene; or

  • Post content or communicate in a way that promotes or incites violence, terrorism, illegal acts, discrimination, or hatred based on race, ethnicity, cultural identity, religious belief, disability, gender identity, or sexual orientation.

 

• Please do:

  • Take time to learn about the Cedar Hill, Texas community and Laura’s adventures;

  • Give constructive feedback on how I can improve my Online Services;

  • Ask questions about a post or another comment;

  • Mingle and make friends to whatever extent you wish to and feel comfortable doing so; and

  • Be a nice human!

 

I do not have any ownership rights in your Contributions. However, by posting a Contribution, you grant to me a non-exclusive, fully paid, and royalty-free, universal, perpetual, irrevocable license to use, modify, delete from, add to, publicly display and reproduce the Contribution(s) in any media format through any media channel now existing or developed in the future. I will not be liable for any Contributions and have no obligation to monitor them. However, I reserve the right to (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the App, website, or Blog; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.

 

Product Reviews Disclaimer

My Online Services may contain testimonials and reviews of various products, services, programs, and books. While based on my real-life experiences and opinions, User experiences with the products, services, programs, and books that I review may vary. Likewise, comments on such reviews are purely the opinion of the User who posted the comment. The views and opinions in such User comments solely belong to the author of the comment and do not reflect my views and opinions. My reviews are not provided as part of a paid endorsement and I receive no commission or other benefit when you make a purchase of a product, service, program, or book that I feature. Reference to any third-party products, services, programs, books, processes, experiences, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation with me.

 

Informational Opinion Disclaimer

Materials, reviews and testimonials provided by Cedar Quill Hill and the Contributions of my users are informational and educational opinions only, based on the personal experience of the author of that material or Contribution. If you suspect that a user is misusing or abusing my Online Services, mischaracterizing their background, or spreading misinformation, please contact me at laura@cedarhillquill.com. You understand that my Online Services are not a substitute for professional medical, mental, or other type of healthcare or advice from a healthcare provider, and that Cedar Hill Quill does not warrant that Contributions or information made available is accepted or endorsed by third parties nor that Contributions or information provided is suitable for your situation or will garner successful results.

 

Copyright Policy & DMCA Claims

Cedar Hill Quill respects the intellectual property rights of others. My policy is to respond to and investigate any claim that content used in connection with my Online Services infringes on any person or entity's copyright or other intellectual property rights. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on my Online Services infringes on another copyrighted work, please submit your claim via email to laura@cedarhillquill.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. Per 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:

 

• an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;

• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

• identification of the URL or other specific location on my Online Services where the material that you claim is infringing is located;

• your address, telephone number, and email 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; and

• 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 agent permitted to act on the copyright owner’s behalf.

 

Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.

 

Representations and Warranties

• Cedar Hill Quill's Representations and Warranties:  MY ONLINE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS CEDAR HILL QUILL MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN MY ONLINE SERVICES. HOWEVER, CEDAR HILL QUILL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. CEDAR HILL QUILL DOES NOT WARRANT THAT USE OF CEDAR HILL QUILL’S ONLINE SERVICES WILL BE UNINTERRUPTED, , SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. CEDAR HILL QUILL IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE.

 

• User Representations and Warranties: By using Cedar Hill Quill’s Online you represent and warrant that:

  • You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;

  • You will provide accurate and truthful information regarding your personal identification and will not use any other person’s information;

  • You have read and agree to this ToU and will not use Cedar Hill Quill’s Online Services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;

  • You will not try to reverse engineer our site or software to circumvent access to my Online Services;

  • You will not circumvent or hack any technology used by Cedar Hill Quill to protect my Online Services and my users;

  • You will not transmit any worms or viruses or any code of a destructive nature;

  • You will not copy or fraudulently reproduce Cedar Hill Quill’s content or violate my intellectual property rights; and

  • You will not modify another website so as to falsely imply that it is associated or affiliated with Cedar Hill Quill or my Online Services.

 

Limitation of Liability

IN NO EVENT WILL CEDAR HILL QUILL BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL, YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS, OR YOUR FAILURE TO COMPLY WITH THIS TOU. CEDAR HILL QUILL WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE ONLINE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF ONLINE SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF CEDAR HILL QUILL UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO CEDAR HILL QUILL FOR MY ONLINE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, CEDAR HILL QUILL’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND CEDAR HILL QUILL.

 

Indemnification

You agree to indemnify and hold Cedar Hill Quill harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs) resulting from or arising from any breach by you of this ToU, and any activity related to your engagement with my Online Services.

 

Release

You hereby release and forever discharge Cedar Hill Quill (and its creator, author, bloggers, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to Cedar Hill Quill, the Cedar Hill Quill Online Services (including any interactions with, or act or omission of, other Users, or any third-party links and ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 

Privacy, Cookies, and Data Protection

I care about your personal information; any personal information you provide to me is collected, stored, and processed by me and used according to my Privacy Policy. My use of cookies and data protection systems are also explained in this policy.

 

International Users

With a focus on Cedar Hill, Texas, my site and Blog are intended for a local audience. Please note that my Online Services are controlled from my offices within the United States of America and, though the Online Services may be hosted outside of the United States of America, are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. I DO NOT REPRESENT OR WARRANT THAT MY ONLINE SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access Cedar Hill Quill’s Online Services outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. I reserve the right to limit my Online Services, in whole or in part, to any geographic location or jurisdiction I choose.

 

Dispute Resolution

THIS SECTION OF MY TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING MY ONLINE SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND TERMINATION OR EXPIRATION OF ANY ONLINE SERVICES PROVIDED BY CEDAR HILL QUILL.

 

• Letting Me Know About Complaints:  At Cedar Hill Quill, I hope that I can work out any complaints or differences that I may have with you respectfully and calmly. If you have any concerns about Cedar Hill Quill’s Online Services, please reach out to Cedar Hill Quill to let me know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.

 

• Mandatory Binding Arbitration:  If a dispute arising out of or relating to Online Services provided under this ToU cannot be amicably resolved, the parties agree to attempt to settle the dispute with the help of a mutually agreed-upon Dallas County, Texas, mediator. Each party will bear their own mediation costs unless otherwise expressly agreed upon by both parties. The parties must mediate in good faith until a settlement is reached or the mediator declares an impasse has been reached. If a settlement is not achieved through mediation, the dispute must be settled by binding arbitration administered by the American Arbitration Association (AAA) in Dallas, Texas, per its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“AAA Rules”). Except that mandatory binding arbitration will not apply any claims relating to infringement or misuse of intellectual property or any legal dispute that falls into the jurisdiction of a small claim court and would be more efficiently and cost-effectively resolved in a small claims court. Arbitration must by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim and of the act or omission giving rise to the . If law prohibits a one-year statute of limitations for claims, must within the shortest permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise.

 

• Prevailing Party:  If an arbitrator or court of law determines a claim against Cedar Hill Quill to be frivolous or an opinion is found in our favor by the arbitrators or court, you agree to reimburse Cedar Hill Quill for all fees associated with the arbitration and/or court case, including attorneys’ fees and arbitration/court costs.

 

• Class Action Waiver:  You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against Cedar Hill Quill will be initiated only in your capacity. Any relief awarded by an arbitrator or court of law will not affect other users of Cedar Hill Quill’s Online Services.

 

Assignment

You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written and notarized consent of Cedar Hill Quill. Cedar Hill Quill reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the Cedar Hill Quill business or assets.

 

Survival of Terms Beyond Termination

All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU will survive such termination, including but not limited to payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses.

 

Waiver and Severability

No waiver by Cedar Hill Quill of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal, or unenforceable for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.

 

Applicable Law and Jurisdiction

Except where otherwise required by mandatory law, this ToU and my Privacy Policy are to be governed by and interpreted, constructed, and enforced per the laws of the state of Texas without regard to conflict of law provisions. All disputes are to be resolved in the jurisdiction of Dallas County, Texas.

 

Entire Agreement

This ToU and my Privacy Policy represent the entire and exclusive agreement between Cedar Hill Quill and users of my Online Services. All previous written and oral agreements and communications related to the subject matter of this ToU and Privacy Policy are superseded. If any additional service agreement is provided or has been provided in addition to this ToU and Privacy Policy, such agreements are intended to be in addition and not in lieu of this ToU. To the extent that there are any provisions in such service agreements that conflict with the terms of this ToU, the terms of the service agreement will prevail.

 

Contact Me

Thanks for your patience in getting through all of the necessary legal language of this document! I have tried to be as clear as possible in communicating my expectations regarding my Online Services. However, if you have any questions about this ToU, my Privacy Policy, or Cedar Hill Quill’s services in general, just reach out!  I would be more than happy to explain. If you’re not comfortable with digital communication, please feel free to call me at the following phone number:

 

Email Address: laura@cedarhillquill.com

Phone Number: (360) 891-7705

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