Terms of Use

IMPORTANT! These Terms of Use & Service ("TERMS OF USE") govern your use of the Site and other Products or Subscriptions ("SITE"), which are provided by hemingandwest. com, its officers, directors, employees, agents, affiliates, licensors, service providers, subsidiaries, parent companies, predecessors, and/or successors-in-interest ("hemingandwest.com"). BY ACCESSING THE SITE AS A VISITOR, CUSTOMER, MEMBER OR SUBSCRIBER ("SUBSCRIBER"), YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY hemingandwest.com AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES.

Access to This Site

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If hemingandwest.com believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

Refunds, Cancellations, and Billing Policy

All products, except Trials, are backed by a 30-day money back guarantee as stated on the website from which you purchased. hemingandwest.com has the right to change the refund policy at any time, but such changes will be reflected on future orders not past orders.

Guarantee starts from, and includes, the purchase date. Purchase date and time is determined based on Central Time in the USA at the time of your purchase. Refund requests or products returned after the refund policy has expired are not subject to a refund and a refund will not be issued.

Physical products returned after the policy has expired may be shipped back to the customer.

For multi-payment options, only the first payment is refundable and only within the first 30 days of the multiple payment term. Subsequent payments are non-refundable but, of course, if you refund within the first 30 days, your card will no longer be billed for subsequent payments.

For any product refund, a refund request must be sent to our office, in writing, in order for a refund to be processed.

For cancellation of your Subscription, or to request a refund, you may:

- Login to our site, accessible from https://hemingandwest.com, and submit your request on our Support page for Subscribers, or

- email our Support Team at [email protected].

Be sure to include ALL of your contact information with your request: Full Name, Email associated with your Subscription, and the name of the product, Subscription, or course you wish to have refunded so we can find you in our systems. This is to prevent fraudulent orders.

Refund of a physical product (like a book or DVD) also requires return of the physical product, to a U.S. address we designate, at your own expense. A full refund requires that the product remains in "like new" condition (suitable for resale) and that the shipment is postmarked by the expiration date of your 30-day guarantee period. Physical product returns, must be accompanied by prior authorization. You must contact our Support team for the required "Return Authorization" before shipping anything to us.

Shipping paid at time of purchase is not refundable, but any sales taxes collected will be refunded along with the purchase, if authorized.

Upon acknowledgement of a refund request, please allow 15 business days for the refund transaction to post to your account. Transaction times depend on the policies of your bank or credit card companies.

In the case of monthly products (i.e. Monthly publications), you have 30 days to cancel the subscription to receive a refund for your initial payment. You are under no obligation to continue the subscription and can cancel at anytime by contacting support at [email protected]. Upon cancellation your card will not be billed again.

Restrictions On Use

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without hemingandwest.com's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of hemingandwest.com. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with hemingandwest.com in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

The right to use hemingandwest.com and all related URL's (collectively, "hemingandwest.com Sites") is personal to the Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.

Subscriber shall use hemingandwest.com Sites for lawful purposes only. Subscriber shall not post or transmit through hemingandwest.com Sites any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, fraudulent, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without hemingandwest.com's express prior approval, contains advertising or any solicitation with respect to third-party products or services. Any conduct by a Subscriber that in hemingandwest.com's discretion restricts or inhibits any other Subscriber from using or enjoying hemingandwest.com Sites will not be permitted. Subscriber shall not use hemingandwest.com Sites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with hemingandwest.com Sites.

Termination/Access restriction

hemingandwest.com reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice. In the event hemingandwest.com terminates your access to this Site, hemingandwest.com will either prorate your yearly Subscription amount and refund you the remainder of your Subscription year, or refund your last monthly payment if you are on a monthly recurring Subscription. Subscribers with "Lifetime" access will be refunded a pro-rated amount based on the expected product lifetime of 15 years. All refunds shall be processed and made within thirty (30) days of termination.

Proprietary Information

The material and content (hereinafter referred to as the "Content") accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by hemingandwest.com is the proprietary information of hemingandwest.com or the party that provided the Content to hemingandwest.com and hemingandwest.com or the party that provided the Content to hemingandwest.com retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of hemingandwest.com or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates hemingandwest.com intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Hyperlinks

This site may be hyperlinked to other sites which are not maintained by, or related to, hemingandwest.com. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or hemingandwest.com. hemingandwest. com has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user's own risk, and hemingandwest.com makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by hemingandwest.com of that site.

Submissions and Testimonials

You hereby grant to hemingandwest.com the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, testimonials, endorsements, ideas, graphics, or other information communicated to hemingandwest.com through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. By posting or submitting any material (including, without limitation, comments, testimonials, blog entries, photos and videos) to us via the Site, you are representing that you are the owner of the material, or are making your posting or Submission with the express consent of the owner of the material. hemingandwest.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future hemingandwest.com operations.

With regards to testimonials, comments, or endorsements posted on this Site or sent to the hemingandwest.com or any advisors of hemingandwest.com via e-mail or regular mail, you acknowledge that hemingandwest.com may use your testimonials, comments and/ or endorsements to promote and advertise the Site. You hereby grant hemingandwest.com permission to utilize your name, appearance, content of e-mail or letter, voice and/or likeness in connection with any testimonial, comment, or endorsement. This permission extends to publicity of the Site in any and all manner and media throughout the world in perpetuity. You hereby waive any right that you may have to inspect or approve any testimonial, comment or endorsement prior to posting.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a "work made for hire" when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to hemingandwest. com from their creation. Thus, hemingandwest.com shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as we determine. In the event that any of the results and proceeds of your submissions hereunder are not deemed a "work made for hire" under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to hemingandwest.com all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that hemingandwest.com has the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.