Last Updated: July 14, 2023

Welcome! www.andreawightwick.com (the “Website”) provides website features, information and services to you when you visit the Website all of which are subject to these Terms & Conditions. We reserve the right to modify these Terms & Conditions at any time and without notice to you. By visiting or using the Website, you are agreeing to these Terms & Conditions. Please read them carefully.

LICENSE AND ACCESS

Subject to your full compliance with these Terms & Conditions, the Website owner (the “Owner”) grants you a limited, non-exclusive, non-transferable, non-sublicensable and fully revocable license to access and make personal, non-commercial use of the Website and any related Website services. The license granted herein does not include: any resale or commercial use of any Website information or services, or its contents; any collection or use of any product listings, descriptions, images, or prices; any derivative use of the Website or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots (bots), or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms & Conditions are reserved and retained by the Owner or Owner’s licensors, suppliers, publishers, rightsholders, or other content providers. No Website service, nor any part of any Website Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Owner. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the website without express written consent. You may not use any meta tags or any other "hidden text" utilizing Website’s name or trademarks published thereon without the express written consent of the Owner. The Owner reserves the right to refuse service and/or terminate accounts, in the Owner’s sole and absolute discretion, including, without limitation, if the Owner believes any user conduct violates these Terms & Conditions, applicable law, or is harmful to Owner’s interests. In other words, you may not misuse the Website.

INTERNATIONAL ACCESS; SANCTIONS & EXPORT POLICY

The Website may be accessible from countries other than the United States and its territories and may contain products or references to products or services that are not available outside of the United States or its territories. Any such access or reference does not imply that services will be made available outside the United States or its territories. If you access and use Website services outside the United States or its territories, you are responsible for complying with all applicable laws and regulations.

USER CONTENT

You may, as applicable, submit stories, personal information, idea, questions, reviews, comments, photos, videos, or other material or information via the Website (collectively, "Content").

If you do post or submit Content, and unless we indicate otherwise, you grant the Owner a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You also grant the Owner and its sublicensees the right to use the name that you submit in connection with such Content, unless you have asked to remain anonymous. You represent and warrant that you own or otherwise control all of the rights to the Content that you submit; that the Content is accurate and will not cause injury to any person or entity. User acknowledges that: (a) they are solely responsible for the Content submitted by user, (b) that user will not hold the Owner responsible for any damages, losses, or claims arising from the submission of Content, and (c) user will indemnify the Owner for all claims resulting from Content submitted or posted on the Website.

With respect to any posted Content, Owner, at the Owner’s sole discretion, has the right but not the obligation to monitor, edit or remove posted Content for any reason or no reason. The Owner takes no responsibility and assumes no liability for any Content posted by you or any third party and may not review posted Content.

USE RESTRICTIONS

Your permission to use the Website is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

• post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive.

• use the service for any unlawful purpose or for the promotion of illegal activities.

• attempt to, or harass, abuse or harm another person or group.

• use another user’s account without permission.

• provide false or inaccurate information when registering an account.

• interfere or attempt to interfere with the proper functioning of the Website.

• make any automated use of the system or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure.

• bypass any robot exclusion headers or other measures we take to restrict access to the Website or use any software, technology, or device to scrape, spider, or crawl the Website or harvest or manipulate data; or

• publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Website. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Website at its discretion.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Website, you agree as follows:

• You are solely responsible for your account and the activity that occurs while signed in to or while using your account;

• You will not post information that is malicious, false or inaccurate;

• You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and

• You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.

• You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Website is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Website.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends over the Website. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website or transmitted to users.

Though the Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the website or to limit or deny a user’s access to the Website or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. [E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.] The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Website, please contact us by using the contact page on the Website.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Website, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Website subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the site.

YOUR ACCOUNT

You may need your own Website account to use certain Website services, and you may be required to be logged in to the account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You shall immediately notify us of any actual or suspected unauthorized use of your password or account. We have no obligation to investigate the authorization or source of any such access or use of Website Services. The Owner reserves the right to refuse service, terminate accounts, terminate anyone’s to use its services, remove or edit content, or cancel orders in its sole discretion.

ELECTRONIC COMMUNICATIONS

When you use the Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications (including marketing communications, unless you have opted-out where applicable) from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Website. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

COPYRIGHT & TRADEMARKS

All content included in or made available through any Website, such as text, graphics, logos, button icons, images, audio, video, and software is the property of the Owner or its content suppliers; and the compilation of all content included in or made available through any Website service is the exclusive property of the Owner and is protected by United States and international copyright laws, as applicable. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Website service are trademarks or trade dress of the Owner in the U.S. and/or other countries. All other trademarks not owned by the Owner that appear in any Website service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Owner. You may not use any of our trademarks or service marks in meta tags without our prior explicit consent.

We respect the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact via any of the means listed on the Website.

PRIVACY

Please review our Privacy Policy, which explains our practices and also governs your use of Website services.

WEBSITE CONTENT

Content provided on andreawightwick.com is solely for informational purposes. User submissions or opinions expressed on the Website are that of the individual expressing such submission or opinion and may not reflect Owner opinions. The Website may contain links or ads to other sites that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of, or content located on or through, any such site, and the inclusion of third-party sites does not imply endorsement by the Owner.

TERMINATION AND EFFECT OF TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your permissions granted under these Terms & Conditions. Upon such termination or revocation, you shall immediately cease all access to and use of all Website services, and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the Website in whole or in part. Any termination of these Terms & Conditions shall not affect the respective rights and obligations of the parties arising before the date of termination.

DISCLAIMER AND LIMITATION OF LIABILITY

WEBSITE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH WEBSITE SERVICES ARE PROVIDED BY THE OWNER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF WEBSITE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH WEBSITE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF WEBSITE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, THE OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, DATA ACCURACY, DATA SECURITY, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. NO WARRANTY IS MADE THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. THE OWNER DOES NOT WARRANT THAT WEBSITE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH WEBSITE SERVICES, THE OWNER’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE OWNER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY WEBSITE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY WEBSITE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES, REMEDIES & APPLICABLE LAW

Any dispute or claim relating in any way to your use of any Website service, or to any products or services sold or distributed by the Owner or through the Website will be resolved by binding arbitration, rather than in court. You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Georgia (without regard to principles of conflict of laws), will govern these Terms & Conditions and any dispute of any sort that might arise between you and the Owner.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms & Conditions as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent listed on the Georgia Secretary of State’s website. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. The AAA's rules will govern payment of all filing, administration and arbitrator fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Fulton County, Georgia or at another mutually agreed location.

YOU AND THE OWNER BOTH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration you and the Owner each respectively waive any right to a jury trial. You and the Owner also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

INDEMNIFICATION

To the extent permissible by law, you will defend and indemnify the Owner and hold it and its affiliates, officers, directors, managers, employees, agents, vendors, merchants sponsors, providers, and licensors harmless from any and all claims, actions, demands, proceedings, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) incurred by them as a result of any claim, judgment, or adjudication related to or arising directly or indirectly from any or all of the following: (i) your use of the Website; (ii) any information you submit, post, or transmit through our Website; (iii) breach of any of your obligations, representations, or warranties in these Terms & Conditions or applicable law; or (iv) your violation of any rights of another person.

MODIFICATION & SEVERABILITY

We reserve the right to make changes to our websites, policies, and these Terms & Conditions at any time and without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

WAIVER

A mere lapse of time without giving notice or taking other action hereunder shall not be deemed to have waived any breach of any of the provisions of these Terms & Conditions by us. Further, a waiver of a particular breach of these Terms & Conditions will not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of these Terms & Conditions.

If you have any questions about these Terms & Conditions, please contact us via any method listed on this website.