Terms of service
Overview
Welcome to HCLA LLC, dba Heirloom Leathercraft. The terms "we", "us" and "our" refer to Heirloom Leathercraft. Heirloom Leathercraft operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Heirloom Leathercraft is powered by Shopify, which enables us to provide the Services to you.
Heirloom Leathercraft offers educational programs consisting of predetermined projects. A different skill is taught with each project, which is why we do not skip projects in our curriculum. To ensure a comprehensive understanding of our pattern-making methods, terminology, and foundational skills for future levels, all students begin their journey with our Level 1, regardless of prior experience. If a student does have prior leatherworking knowledge and skills, this helps them get through the projects quicker.
Our program is an "at your own pace" program. The amount of pieces created by the end of each workshop, class, session, or intensive will depend solely on the individual student and are not guaranteed. If a student does need additional time to complete projects, the day(s) will be charged at the level's prorated amount. If a student completes the Level early, no partial refunds will be issued.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
In order to complete enrollment in any of our classes, you must review and e-sign these Terms of Service.
Section 1 - Access & Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
Section 2 - Our Products & Services
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
Section 3 - Orders
When you place an order, you are making an offer to purchase. Heirloom Leathercraft reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Heirloom Leathercraft confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Heirloom Leathercraft may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Return and Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
THE CORE PROGRAM (LEVELS 1-4): Enrolled students have the option to reserve their spot in the next level course. Students must confirm their enrollment for the subsequent level at least 14 days prior to the end of their current course. If a student does not confirm enrollment within this timeframe, their reserved spot will be released and offered to students on the waitlist.
Section 4 - Prices & Billing
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
Payment Methods
We accept Visa, Mastercard, American Express, and PayPal. Full payment is required to reserve a space for all classes. Please see checkout for "buy now, pay later" options if you choose to set up a payment plan spread over time.
Section 5 - Rescheduling & Cancellation
Rescheduling Level Classes
Once a Level has started, you may reschedule class days via your online account up to 48 hours in advance. Please note that classes must be completed within the following time frames:
-
3-week Session (daily class) - complete within 3 months from start
-
3-month Session (weekly class) - complete within 6 months from start
-
6-month Session (evening bi-weekly classes) - complete within 12 months from start
All Other Rescheduling
You may reschedule all other bookings (i.e., 10-class card, 1-day Introduction to Heirloom Method, Workshops, Individual Instruction, Open Studio, Membership days) via your online account up to 48 hours in advance.
Section 6 - Shipping & Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
Section 7 - Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Heirloom Leathercraft, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Heirloom Leathercraft, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Heirloom Leathercraft.
Heirloom Leathercraft's names, logos, product and service names, designs, and slogans are trademarks of Heirloom Leathercraft or its affiliates or licensors. You must not use such trademarks without the prior written permission of Heirloom Leathercraft. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
Educational Program Intellectual Property
Student acknowledges and agrees that as a condition of enrollment at Heirloom Leathercraft all designs provided by Heirloom Leathercraft shall remain the intellectual property of Heirloom Leathercraft. Furthermore, Student agrees that while Student may keep the individual projects produced ("Class Samples"), Student agrees that they shall NOT use such Class Samples for any commercial purposes, including but not limited to i) image, ii) their sale or resale, and iii) use as samples or examples for any future production. Class Samples made during the course(s) cannot be used for ANY commercial purposes, including but not limited to the intentional sale of Class Samples or as samples/examples at a) trade shows, b) fairs, c) markets, etc. or on i) personal websites, ii) social media, iii) contests; without written expressed approval of Heirloom Leathercraft.
Student acknowledges that any notes or images taken of Class Samples or the procedure/learning process of the creation of Class Samples are for personal use only. Student agrees that they will not copy, share, circulate or distribute any methods, techniques, or skills learned or exposed to outside the confines of the course(s) at Heirloom Leathercraft. Student shall not post, share or discuss the content-methods, techniques, or skills of Heirloom Leathercraft courses on any forum, including but not limited to social media platforms, blogs, or websites, or any current or future projects that may develop such as books, guides, or presentations. RE. Virtual Courses student agrees that they will not share passwords for lessons or any reference videos.
Student cannot infringe on any associated names, logos, design elements, products, intellectual property, trademarks or copyrights of Heirloom Leathercraft for business purposes or for personal gain without written expressed approval from Heirloom Leathercraft.
Section 8 - Confidentiality & Non-disclosure
Student acknowledges and agrees that throughout the entire duration of their course(s) at Heirloom Leathercraft they will have access to confidential and/or proprietary information of Heirloom Leathercraft. They acknowledge that Heirloom Leathercraft has a legitimate and significant business interest in protecting the confidentiality of its confidential and proprietary information.
"Confidential Information" means information concerning Heirloom Leathercraft that is confidential, proprietary, or private, regardless of whether the information is so designated in writing. Confidential information includes, without limitation, information concerning: trade secrets, technology, including without limitation: methods, systems, techniques, procedures, designs, design ideas, sketches, drawings, outlines, product models, prototypes, photographs (digital or print); all tangible embodiments, including copies of any of the foregoing; customers or prospective customers; business development, business policies, business plans, business affairs; finances; sales, marketing, advertising, or promotion; products, services, or pricing; organizational structure, vendors, and sources; research and development; legal strategies.
Student acknowledges that any direct or indirect use or disclosure at any time of any confidential information would cause Heirloom Leathercraft immediate and irreparable harm. Student then hereby agrees that they shall not make any such disclosure. This obligation shall survive, in perpetuity, any termination of this agreement.
Section 9 - Non-Compete
Student acknowledges and agrees that it is important for Heirloom Leathercraft to protect itself against unfair competition through the misappropriation or misuse of its confidential and or proprietary information. As such, student may not be associated with the ownership, management, operation, or control of a business like the type of business conducted by Heirloom Leathercraft for a period of two (2) years and within two hundred (200) miles of Heirloom Leathercraft without written expressed approval from Heirloom Leathercraft. Further, student agrees that they may not directly or indirectly interfere with or attempt to interfere with the actual or prospective relationship, business or business opportunity between Heirloom Leathercraft and any third party including without limitation any student, customer, vendor, or supplier.
Section 10 - Waiver & Release From Liability
Student understands that activities in this class/course or during time spent while renting the studio could cause injury. Student acknowledges that they are voluntarily participating in these activities with the knowledge of potential harm or injury and agree to assume any and all risks of bodily injury involved whether those risks are known or unknown. By this waiver, I the student assume any risk and take full responsibility and waive any claims of personal injury or damage of my person/personal property associated with the activities and events of Heirloom Leathercraft. I understand that Heirloom Leathercraft does not assume any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health, or disability benefits or insurance of any nature in the event of my injury, illness or damage to my property. I expressly waive any such claim for compensation or liability on the part of Heirloom Leathercraft beyond what may be offered freely by Heirloom Leathercraft in the event of such injury or medical expenses incurred by me (the student/participant).
I hereby release and forever discharge Heirloom Leathercraft from any claim whatsoever which arises or may hereafter arise on account of any first aid treatment or other medical services rendered in connection with an emergency during my tenure as a student/participant with Heirloom Leathercraft or as a student renting studio time.
Section 11 - Tool Safety & Care Policy
Student understands and agrees to the following policies:
-
When stitching clamp is not in use Student will place across table or on the floor.
-
Student will be charged for a stitching clamp if it falls on the floor and breaks.
-
Student will be charged for pricking irons if they break or bend teeth by not using a 2-ply pricking board when pricking leather.
-
When using skiving machine Student will remove all long necklaces and if necessary, make sure hair is securely fastened as to not drop into machine.
Student acknowledges that Heirloom Leathercraft has discussed the safety and hazards in the studio with Student. Student can get further information regarding any of these practices and hazards on the Heirloom Leathercraft Bulletin Board located in break area.
Section 12 - Photo & Image Release
I hereby give my permission to be photographed or videotaped and/or have my works be photographed or videotaped by Heirloom Leathercraft.
I irrevocably grant Heirloom Leathercraft the right to distribute, transmit, publish, copy, or otherwise exploit, either in whole or in part, either digitally or in any other medium now known or later discovered, my image and/or my works image.
I understand and agree that the photographs or video may be used without credit or identifying me as the subject.
I release and discharge Heirloom Leathercraft and its agents, representatives, and assignees from any claim or cause of action, now known or later discovered, for among other things, invasion of privacy, right to publicity, and defamation arising out of the use and exploitation of the photos, images, or video.
I hereby transfer to Heirloom Leathercraft all copyright and other interests in photographs, images, or video taken during classes, events, or any other Heirloom Leathercraft activities or events. I also hereby grant royalty-free permission, including nonexclusive world rights in all languages, to reproduce in all formats including but not limited to print, electronic, CD-ROM, to reproduce and include me or my works likeness for promotional purposes.
Section 13 - Optional Tools
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
Section 14 - Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
Section 15 - Relationship with Shopify
Heirloom Leathercraft is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Heirloom Leathercraft. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Heirloom Leathercraft, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Heirloom Leathercraft.
Section 16 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policyfor more details on how we, Shopify, and our partners use your personal information.
Section 17 - Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
Section 18 - Errors, Inaccuracies & Omissions
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
Section 19 - Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Heirloom Leathercraft, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
Section 20 - Termination
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
Termination of Educational Sessions
Heirloom Leathercraft reserves the right to refuse service to anyone, and may terminate an individual's enrollment at its discretion, including but not limited to the following:
-
If a student uses abusive language or verbal threats.
-
If a student creates hostile or uncomfortable environment for another students and/or staff.
-
If a parent, or his or hers representative, behaves or acts in a way constituting a risk or threat to themselves, other students, Heirloom Leathercraft staff, or Heirloom Leathercraft equipment or premises.
In the event that Heirloom Leathercraft terminates Student's enrollment, verbal notification will be followed by written correspondence within 48 hours of the termination date.
The following sections will continue to apply following any termination: Intellectual Property, Confidentiality and Nondisclosure, Non-Compete, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
Section 21 - Disclaimer of Warranties
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY HCLA, LLC dba Heirloom Leathercraft, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
THE PARTIES AGREE THAT THE SESSION AND ALL SESSION MATERIALS ARE PROVIDED STRICTLY ON AN "AS IS, WHERE IS" BASIS WITHOUT ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Section 22 - Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL HCLA, LLC dba Heirloom Leathercraft, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL HCLA, LLC dba Heirloom Leathercraft BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, WHETHER BASED ON CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, EVEN IF THE RISK OF SUCH DAMAGES IS KNOWN. FURTHERMORE, WITH RESPECT TO ALL CLAIMS, ACTIONS AND CAUSES OF ACTION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS ENROLLMENT AGREEMENT, STUDENT'S ENROLLMENT IN OR ATTENDANCE OF THE COURSE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN, HCLA, LLC dba Heirloom Leathercraft'S LIABILITY WILL NOT EXCEED, IN THE AGGREGATE, THE AMOUNTS ACTUALLY PAID BY STUDENT.
Section 23 - Indemnification
You agree to indemnify, defend and hold harmless HCLA, LLC dba Heirloom Leathercraft, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
Section 24 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 25 - Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 26 - Assignment
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
Section 27 - Governing Law
This Agreement shall be governed by and construed in accordance with the laws of California, without giving effect its conflict of law's provisions. Any disputes under this Agreement will be brought in the state courts and the Federal courts located in San Francisco County, California, and the parties hereby consent to the personal jurisdiction and venue of these courts. You and HCLA, LLC dba Heirloom Leathercraft consent to venue and personal jurisdiction in such courts.
Section 28 - Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 29 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 30 - Contact Information
Questions about the Terms of Service should be sent to us at info@heirloomleathercraft.com.
Our contact information is posted below:
HCLA LLC dba Heirloom Leathercraft
info@heirloomleathercraft.com
15 Clement Street, San Francisco, CA 94118, United States
ACKNOWLEDGMENT AND CONSENT
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I CERTIFY THAT I AM 18 YEARS OLD OR OLDER AND MENTALLY COMPETENT TO ENTER INTO THIS AGREEMENT. I UNDERSTAND THAT BY E-SIGNING THIS WAIVER AND RELEASE I GIVE UP FUTURE LEGAL RIGHTS. I E-SIGN THIS RELEASE FREELY, VOLUNTARILY AND UNDER NO DURESS. MY E-SIGNATURE IS PROOF OF MY INTENTION TO EXECUTE A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE OF ALL LIABILITY TO THE FULL EXTENT OF THE LAW.





