Website Terms and Conditions
Last Updated [June 15, 2026]
1. Agreement to Terms.
These Terms and Conditions ("Terms" or "Agreement") govern your access to and use of the
website located at [Website URL] and any related subpages (the "Website") operated by
Hawthorn House, LLC ("Company," "we," "us," or "our"). "You" and "your" refer to the individual
or entity accessing or using the Website.
By accessing or using this Website, you acknowledge that you have read, understood, and
agree to be bound by these Terms and our Privacy Policy, located at [insert link to Privacy
Policy], which is incorporated by reference. If you do not agree to these Terms or the Privacy
Policy, or if you are not legally able to form a binding contract, you must immediately stop using
the Website.
2. Age Requirements.
This Website is intended for users who are at least 16 years old. If you are under 16, you may
not use this Website or submit any personal information to us. By using this Website, you
represent that you are at least 16 years old and meet the minimum age required to form a
binding contract in your jurisdiction.
DRAFTING NOTE: THE MINIMUM AGE IS SET AT 16 TO ALIGN WITH GDPR
REQUIREMENTS AND PROVIDE THE BROADEST PROTECTION. IF YOUR WEBSITE
FEATURES ALCOHOL, TOBACCO, CANNABIS, FIREARMS, OR OTHER AGE-
RESTRICTED PRODUCTS OR SERVICES, INCREASE THE MINIMUM AGE TO MATCH
YOUR INDUSTRY'S REQUIREMENTS (TYPICALLY 18 OR 21).
3. Changes to Terms.
We reserve the right to update and revise these Terms at any time. The date these Terms were
last updated is noted at the top of this page. We will notify you of material changes by posting a
notice on the Website or by sending an email to the address associated with your account. Your
continued use of the Website after such changes constitutes your acceptance of the revised
Terms. We encourage you to review these Terms periodically.
4. Website Access and Availability.
We reserve the right to modify, suspend, or discontinue the Website (or any part of it) at any
time, with or without notice. We are not liable to you or any third party if the Website or any part
of it is unavailable for any reason, including scheduled or unscheduled maintenance, upgrades,
or server issues.
5. Account Registration and Security.
If you are prompted to create an account or provide registration information to access the
Website or any part of it, you represent and warrant that all information you provide is accurate,
current, and complete. You agree to update your information promptly if it changes.
You are responsible for maintaining the confidentiality of your account credentials, including
your username and password. You agree to:
● Not disclose your login credentials to any other person.
● Not allow any other person to access the Website using your account.
● Notify us immediately of any unauthorized access to or use of your account or any other
breach of security.
● Ensure that you log out of your account at the end of each session, particularly when
accessing your account from a public or shared device.
You are responsible for all activity that occurs under your account. We are not liable for any loss
or damage arising from your failure to safeguard your account credentials.
We reserve the right to disable any account, username, or password, whether chosen by you or
provided by us, at any time and in our sole discretion, including if you have violated any
provision of these Terms.
6. Privacy.
Your use of the Website is also governed by our Privacy Policy, located at [insert link to Privacy
Policy]. The Privacy Policy describes how we collect, use, share, and protect your personal
information. By using the Website, you acknowledge that you have reviewed the Privacy Policy.
7. Intellectual Property.
All intellectual property on and in the Website, including but not limited to text, graphics, images,
logos, trademarks, service marks, trade names, designs, slogans, audio, video, software, and
other content (collectively, "Company Content"), is owned by or licensed to the Company and is
protected by United States and international copyright, trademark, and other intellectual
property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use
the Website and Company Content for your personal, non-commercial use only. This license
does not include the right to:
● Reproduce, modify, distribute, display, or create derivative works from any Company
Content.
● Use any Company Content for commercial purposes without the Company's prior written
consent.
● Remove, alter, or obscure any copyright, trademark, or other proprietary notices on any
Company Content.
● Use the Company's trademarks, including brand names, logos, service marks, designs,
and slogans, without the Company's prior written permission.
Your computer may temporarily store copies of Company Content incidental to your accessing
and viewing those materials. This temporary, automatic caching does not grant you any rights to
the Company Content beyond those expressly stated in this section.
DRAFTING NOTE: IF YOUR BUSINESS LICENSES CONTENT TO USERS (E.G., DIGITAL
DOWNLOADS, TEMPLATES, EDUCATIONAL MATERIALS), THE SPECIFIC LICENSE
TERMS FOR THOSE PRODUCTS SHOULD BE GOVERNED BY YOUR TERMS OF
PURCHASE OR A SEPARATE LICENSE AGREEMENT, NOT THIS SECTION. THIS
SECTION COVERS ONLY GENERAL WEBSITE CONTENT.
8. Artificial Intelligence and Automated Data Collection.
DRAFTING NOTE: SELECT ONE OF THE THREE OPTIONS BELOW. OPTION A
PROHIBITS ALL AI AND AUTOMATED ACCESS. OPTION B PERMITS AI SYSTEMS TO
INDEX AND CITE YOUR WEBSITE CONTENT (WHICH DRIVES VISIBILITY AND
REFERRAL TRAFFIC) BUT PROHIBITS BULK SCRAPING AND UNAUTHORIZED
TRAINING. OPTION C PERMITS AI TRAINING UNDER DEFINED CONDITIONS. MOST
BUSINESSES THAT WANT VISIBILITY IN AI-POWERED SEARCH RESULTS AND
CHATBOTS SHOULD SELECT OPTION B. DELETE THE OPTIONS YOU DO NOT USE.
OPTION A (PROHIBIT ALL AI AND AUTOMATED ACCESS):
You may not, and may not permit any third party to, use any robot, spider, crawler, scraper, or
other automated means or process to access, index, mine, scrape, reproduce, or extract data
from this Website or any Company Content for any purpose, including but not limited to:
● Training, developing, or improving any artificial intelligence, machine learning, or large
language model system.
● Building or populating any database, dataset, or index.
● Any commercial or non-commercial data harvesting, data mining, or data extraction
activity.
This prohibition applies regardless of the technical method used and regardless of whether the
data is publicly accessible. Any unauthorized automated access to or use of the Website
constitutes a violation of these Terms and may violate applicable laws, including the Computer
Fraud and Abuse Act (18 U.S.C. § 1030).
We reserve the right to take any technical or legal measures to detect and block unauthorized
automated access to the Website, including but not limited to blocking IP addresses, requiring
CAPTCHAs, and implementing robots.txt directives. Our implementation or non-implementation
of any such measures does not constitute a waiver of our rights under this section.
DRAFTING NOTE: TO STRENGTHEN THIS PROTECTION, ADD A ROBOTS.TXT FILE TO
YOUR WEBSITE THAT BLOCKS AI CRAWLERS (E.G., GPTBOT, CLAUDEBOT, GOOGLE-
EXTENDED). CONSULT YOUR WEBSITE DEVELOPER.
OPTION B (PERMIT AI INDEXING AND CITATION; PROHIBIT BULK SCRAPING AND
UNAUTHORIZED TRAINING):
We welcome artificial intelligence systems, AI-powered search engines, and similar
technologies indexing, referencing, citing, and linking to our Website and Company Content,
provided they comply with the following:
● Attribution and Linking. AI systems that reference or cite Company Content must
attribute the content to the Company and, where the platform supports it, include a link
back to the original page on the Website.
● Respect for robots.txt. Automated agents must comply with our robots.txt file and any
other technical directives regarding access. If our robots.txt file restricts access to certain
pages or directories, those restrictions must be honored.
● Rate Limits and Performance. Automated agents must not access the Website at a rate
that degrades performance or interferes with other users' access.
● Accurate Identification. Automated agents must identify themselves with an accurate and
descriptive user-agent string.
The following activities are prohibited without the Company's prior written consent:
● Bulk scraping, copying, or reproducing substantial portions of the Website or Company
Content for any purpose.
● Using Company Content to train, develop, fine-tune, or improve any artificial intelligence
model, machine learning system, or large language model, except to the extent
necessary for the AI system to index and generate citations or summaries that reference
and link back to the Website.
● Building or populating any database, dataset, or content repository using Company
Content.
● Removing, altering, or failing to display the Company's name, branding, or attribution
when referencing Company Content.
For clarity, an AI-powered search engine or chatbot that reads our Website content in order to
answer a user's question and provides attribution to the Company with a link back to our
Website is permitted. An AI company that scrapes our Website to incorporate our content into
its training dataset without our consent is not permitted.
Unauthorized automated access to the Website constitutes a violation of these Terms and may
violate applicable laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030).
DRAFTING NOTE: OPTION B IS DESIGNED FOR BUSINESSES THAT WANT THE
VISIBILITY BENEFITS OF BEING CITED BY AI-POWERED TOOLS (CHATGPT, CLAUDE,
PERPLEXITY, GOOGLE AI OVERVIEWS, ETC.) WHILE STILL PROTECTING AGAINST
BULK SCRAPING AND UNAUTHORIZED TRAINING. THIS IS CURRENTLY THE BEST
BALANCE FOR MOST ONLINE BUSINESSES. TO CONTROL WHICH AI CRAWLERS CAN
ACCESS YOUR SITE, CONFIGURE YOUR ROBOTS.TXT FILE. FOR EXAMPLE, YOU CAN
ALLOW GPTBOT (CHATGPT) AND CLAUDEBOT (CLAUDE) WHILE BLOCKING OTHERS.
CONSULT YOUR WEBSITE DEVELOPER.
OPTION C (PERMIT AI TRAINING UNDER CONDITIONS):
Automated access to this Website, including by robots, spiders, crawlers, scrapers, or similar
tools, is permitted in compliance with the following conditions:
● You must comply with our robots.txt file and any other technical directives regarding
automated access.
● You must identify your automated agent with an accurate and descriptive user-agent
string.
● You must not access the Website at a rate that degrades performance or interferes with
other users' access.
● You must not circumvent any technical measures designed to restrict automated access.
Use of data collected from this Website for the purpose of training, developing, or improving
artificial intelligence, machine learning, or large language model systems is permitted, provided
that: (a) the AI system's outputs attribute the source of the content to the Company where
technically feasible, and (b) the data is not used to create a product or service that directly
competes with the Company's Products or Services.
The Company reserves the right to revoke this permission at any time by updating these Terms
or the Website's robots.txt file. Continued access after such revocation constitutes a violation of
these Terms.
Unauthorized automated access to the Website constitutes a violation of these Terms and may
violate applicable laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030).
DRAFTING NOTE: OPTION C IS THE MOST PERMISSIVE APPROACH. IT ALLOWS AI
TRAINING ON YOUR CONTENT WHILE RETAINING THE RIGHT TO REVOKE
PERMISSION AND REQUIRING ATTRIBUTION WHERE FEASIBLE. SELECT THIS ONLY IF
YOU AFFIRMATIVELY WANT AI MODELS TRAINED ON YOUR CONTENT (E.G., YOU
BELIEVE THE BROADER DISTRIBUTION BENEFITS OUTWEIGH THE IP RISKS).
9. Linking to the Website and Social Media.
You may link to our Website, provided that you comply with the following guidelines:
● If you are linking to our Website as a credited source for an article, blog post, or press
coverage, you must include a direct hyperlink to our Website in the cited material. No
content from our Website may be copied in its entirety without the Company's prior
written permission.
● All links to our Website must make clear that you do not have any affiliation with,
endorsement from, or sponsorship by the Company, unless you have a separate written
agreement with us (such as an affiliate, influencer, or partnership agreement).
● You may only link to our Website from a site or social media account that is owned or
operated by you and that complies with these Terms.
● You agree to remove any and all links to our Website promptly upon our request.
10. User Submissions and Content License.
Our Website may include features that allow you to submit, post, or transmit content and
materials, including but not limited to reviews, comments, testimonials, images, videos, and
other creative works (collectively, "User Content"). All User Content must comply with the User
Content Standards set forth in Section 11.
By submitting User Content to us through our Website, social media, online reviews, or any
other platform, you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable,
worldwide, transferable, and sublicensable license to use, reproduce, modify, adapt, publish,
display, distribute, and create derivative works from your User Content for any lawful business
purpose, including but not limited to marketing, advertising, promotional materials, and social
media. In connection with this license, we may use your name, likeness, and any other publicly
available information you have provided alongside your User Content.
All User Content is non-confidential. You represent and warrant that:
● You own or have the necessary rights, licenses, and permissions to submit the User
Content and to grant the license described above.
● Your User Content does not violate any third party's intellectual property rights, privacy
rights, or other legal rights.
● Your User Content is accurate and not misleading.
You are solely responsible for your User Content. The Company is not liable for any User
Content submitted by you or any other user.
DRAFTING NOTE: THE LICENSE ABOVE IS BROAD BUT DOES NOT TRANSFER
OWNERSHIP OF THE USER'S CONTENT TO YOU. A FULL ASSIGNMENT OF RIGHTS
(E.G., "YOU RELINQUISH ALL PROPRIETARY RIGHTS") IS GENERALLY
UNENFORCEABLE IN A BROWSEWRAP OR STANDARD WEBSITE CONTEXT. THE
LICENSE APPROACH PROVIDES STRONG COMMERCIAL RIGHTS WHILE REMAINING
ENFORCEABLE.
11. User Content Standards.
All User Content submitted to or through our Website must comply with the following standards.
User Content must not:
● Violate any applicable federal, state, local, or international law or regulation, or promote
illegal activities.
● Violate any third party's intellectual property or other legal rights.
● Contain obscene, indecent, sexually explicit, or violent material.
● Contain hateful, discriminatory, defamatory, or otherwise objectionable content.
● Harass, threaten, stalk, or intimidate any person.
● Misrepresent any person's identity or organizational affiliation.
● Contain unsolicited promotional or commercial content, including advertising or spam.
● Contain any viruses, malware, or other harmful code.
If you encounter content on our Website that you believe violates these standards, please
contact us immediately at susan@hawthornhouse.design so we can review and take
appropriate action.
12. Monitoring and Enforcement.
We are not obligated to review User Content before it is posted to the Website and assume no
liability for failing to remove objectionable content. However, we reserve the right, in our sole
discretion, to:
● Remove or refuse to post any User Content for any reason or no reason.
● Take any action with respect to User Content that we deem necessary or appropriate,
including if we believe such content violates these Terms, infringes any third party's
rights, threatens the safety of any person, or could create liability for the Company.
● Terminate or suspend any user's access to the Website for any violation of these Terms.
● Disclose your identity or other information about you to any third party who claims that
your User Content violates their rights, or as required by law, court order, or
governmental request.
● Cooperate with law enforcement authorities or court orders requesting or directing the
disclosure of the identity or other information of anyone posting content on or through
the Website.
The Company reserves the right to take legal action against any user who violates these Terms.
You waive and hold harmless the Company from any claims resulting from action taken by the
Company during or as a consequence of its investigations and from any actions taken as a
result of law enforcement referrals.
13. Restricted Uses.
You agree to use the Website only for lawful purposes and in accordance with these Terms.
You may not use the Website:
● In violation of any applicable federal, state, local, or international law or regulation.
● For any discriminatory purpose.
● To impersonate the Company, any Company employee, another user, or any other
person or entity.
● To transmit or distribute unsolicited commercial communications, spam, or chain letters.
● To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the
Website.
You may not:
● Use any robot, spider, crawler, scraper, or other automated means to access the
Website, except as expressly permitted in Section 8.
● Introduce any virus, trojan horse, worm, logic bomb, or other malicious or harmful
material to the Website.
● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the
Website, any server on which the Website is hosted, or any database connected to the
Website.
● Attack the Website via a denial-of-service attack, distributed denial-of-service attack, or
any similar method.
● Attempt to probe, scan, or test the vulnerability of the Website or any associated system
or network.
14. Products and Services.
DRAFTING NOTE: THIS SECTION PROVIDES A BRIDGE BETWEEN THESE TERMS AND
CONDITIONS AND ANY SEPARATE TERMS THAT GOVERN THE PURCHASE OF YOUR
PRODUCTS OR SERVICES. SELECT AND CUSTOMIZE THE PARAGRAPHS BELOW
BASED ON YOUR BUSINESS TYPE. DELETE ANY THAT DO NOT APPLY.
DRAFTING NOTE (SERVICE PROVIDERS — COACHES, CONSULTANTS, DESIGNERS,
COPYWRITERS, VAs): IF YOU PROVIDE SERVICES, THE SPECIFIC TERMS GOVERNING
YOUR SERVICE ENGAGEMENTS SHOULD BE SET FORTH IN A SEPARATE SERVICE
AGREEMENT OR CONTRACT WITH EACH CLIENT. INCLUDE THE FOLLOWING
PARAGRAPH:
We may describe or reference our services on this Website, including but not limited to [web site
design, branding, basic SEO]. All descriptions of services on this Website are for informational
purposes only. The specific terms, scope, deliverables, and pricing for any service engagement
will be governed by a separate written agreement between you and the Company. In the event
of any conflict between these Terms and a separate service agreement, the service agreement
will control with respect to the services covered by that agreement.
DRAFTING NOTE (E-COMMERCE / PHYSICAL PRODUCT SELLERS): IF YOU SELL
PHYSICAL PRODUCTS, INCLUDE THE FOLLOWING PARAGRAPH:
We may offer physical products for sale through this Website. All purchases of physical products
are governed by our Terms of Purchase, located at [insert link]. Product descriptions, images,
and pricing on the Website are subject to change without notice. We reserve the right to limit
quantities, refuse orders, and correct any errors in product listings, pricing, or availability. In
the event of any conflict between these Terms and the Terms of Purchase, the Terms of
Purchase will control with respect to product transactions.
DRAFTING NOTE (DIGITAL PRODUCT SELLERS): IF YOU SELL DIGITAL PRODUCTS
(E.G., TEMPLATES, COURSES, EBOOKS, PRINTABLES, MEMBERSHIPS), INCLUDE THE
FOLLOWING PARAGRAPH:
We may offer digital products and services for sale through this Website, including but not
limited to [templates]. All purchases of digital products and services are governed by our Terms
of Purchase for Digital Goods and Services, located at [insert link]. In the event of any conflict
between these Terms and the Terms of Purchase for Digital Goods and Services, the Terms of
Purchase for Digital Goods and Services will control with respect to digital product transactions.
15. External and Affiliate Links.
Our Website may contain links to third-party websites, resources, advertisements, affiliate links,
and sponsored content that are not owned or controlled by the Company. These links are
provided for your convenience only.
We have no control over, and assume no responsibility for, the content, privacy policies,
practices, or availability of any third-party websites or resources. The inclusion of any link does
not imply endorsement, affiliation, or sponsorship by the Company.
This Website may contain affiliate links. When you click on an affiliate link and make a
purchase, we may receive a commission at no additional cost to you. Affiliate relationships do
not influence our content or recommendations. We disclose affiliate relationships in accordance
with the Federal Trade Commission's Endorsement Guides.
16. Disclaimer and No Warranties.
THE WEBSITE AND ALL COMPANY CONTENT, PRODUCTS, AND SERVICES ACCESSIBLE
THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL
WARRANTIES, INCLUDING BUT NOT LIMITED TO:
● WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE.
● WARRANTIES OF NON-INFRINGEMENT.
● WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR
FREE FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
● WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR
USEFULNESS OF ANY CONTENT ON THE WEBSITE.
The Website and its content are informational in nature and do not constitute legal, medical,
financial, or other professional advice. You are solely responsible for evaluating and acting upon
any information found on the Website.
The Company does not guarantee any specific results, including financial, business, health, or
personal outcomes, from your use of the Website, its content, or any products or services
described on the Website. Any testimonials or case studies displayed on the Website represent
individual experiences and are not guarantees of similar results.
DRAFTING NOTE: IF YOUR BUSINESS IS IN AN INDUSTRY WHERE RESULTS
DISCLAIMERS ARE PARTICULARLY IMPORTANT (E.G., COACHING, CONSULTING,
HEALTH AND WELLNESS, FINANCIAL EDUCATION), CONSIDER ADDING A
STANDALONE EARNINGS OR RESULTS DISCLAIMER PAGE ON YOUR WEBSITE AND
CROSS-REFERENCING IT HERE.
17. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL
NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR
OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:
● YOUR USE OF OR INABILITY TO USE THE WEBSITE.
● ANY CONTENT, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE.
● UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR
TRANSMISSIONS.
● ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE.
● ANY OTHER MATTER RELATING TO THE WEBSITE.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (WHETHER
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY
ARISING OUT OF OR RELATED TO THESE TERMS AND YOUR USE OF THE WEBSITE
SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO
THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO
THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
DRAFTING NOTE: THE $100.00 FLOOR ENSURES THERE IS A MEANINGFUL LIABILITY
CAP EVEN FOR USERS WHO HAVE NOT MADE ANY PURCHASES. ADJUST THIS
AMOUNT AS APPROPRIATE FOR YOUR BUSINESS. SOME BUSINESSES SET THIS AT
$250 OR $500.
18. Indemnification.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors,
employees, agents, licensors, and service providers from and against any and all claims,
liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising
out of or related to:
● Your use of the Website or any activity conducted through your account.
● Your User Content or any other content you submit, post, or transmit through the
Website.
● Your violation of these Terms.
● Your violation of any applicable law or regulation.
● Your violation of any third party's rights, including intellectual property, privacy, or
publicity rights.
19. DMCA Copyright Takedown Procedure.
We respect the intellectual property rights of others. If you believe that any content on our
Website infringes your copyright, please submit a written notification to our designated agent
containing the following information:
● A physical or electronic signature of the copyright owner or a person authorized to act on
their behalf.
● Identification of the copyrighted work claimed to have been infringed.
● Identification of the material claimed to be infringing and its location on the Website, with
sufficient detail for us to locate it.
● Your contact information, including name, address, telephone number, and email
address.
● A statement that you have a good faith belief that the use of the material is not
authorized by the copyright owner, its agent, or the law.
● A statement, under penalty of perjury, that the information in the notification is accurate
and that you are authorized to act on behalf of the copyright owner.
DMCA notices should be sent to:
Hawthorn House, LLC Attn: DMCA Agent 7001 Interbay Blvd, Unit 267, Tampa, FL 33616
Email: susan@hawthornhouse.design.
Upon receipt of a valid DMCA notice, we will promptly remove or disable access to the allegedly
infringing material and notify the user who posted it. We reserve the right to terminate the
accounts of repeat infringers.
DRAFTING NOTE: IF YOUR WEBSITE ACCEPTS USER CONTENT (REVIEWS,
COMMENTS, UPLOADS, FORUM POSTS), THIS SECTION IS STRONGLY RECOMMENDED
TO QUALIFY FOR DMCA SAFE HARBOR PROTECTION UNDER 17 U.S.C. § 512. YOU
SHOULD ALSO REGISTER A DESIGNATED DMCA AGENT WITH THE U.S. COPYRIGHT
OFFICE AT https://www.copyright.gov/dmca-directory/. IF YOUR WEBSITE DOES NOT
ACCEPT USER CONTENT, YOU MAY DELETE THIS SECTION.
20. Electronic Communications.
By using the Website or providing your email address to us, you consent to receive electronic
communications from us, including but not limited to emails, notices, and disclosures. You agree
that all agreements, notices, disclosures, and other communications we provide to you
electronically satisfy any legal requirement that such communications be in writing.
21. Termination.
We may, in our sole discretion, terminate or suspend your access to all or part of the Website at
any time, with or without cause, and with or without notice. Reasons for termination may
include, but are not limited to:
● Violation of these Terms.
● Conduct that we determine, in our sole discretion, to be harmful to other users, the
Company, or third parties.
● Requests by law enforcement or other governmental authorities.
Upon termination, your right to use the Website will immediately cease. All provisions of these
Terms that by their nature should survive termination shall survive, including but not limited to
intellectual property provisions, warranty disclaimers, limitation of liability, indemnification, and
dispute resolution.
22. Binding Arbitration and Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS,
INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or
your use of the Website ("Dispute"), you and the Company agree to first attempt to resolve the
Dispute informally by contacting us at susan@hawthornhouse.design. If the Dispute is not
resolved within thirty (30) days of the initial notice, either Party may initiate binding arbitration
as described below.
You and the Company agree that any Dispute that cannot be resolved informally shall be
resolved through binding arbitration conducted in accordance with the rules of the American
Arbitration Association ("AAA"). The arbitration shall be conducted in Hillsborough County,
Florida.
IF THE ARBITRATION CANNOT PROCEED IN THE DESIGNATED JURISDICTION, THE
ARBITRATION SHALL BE CONDUCTED REMOTELY VIA VIDEOCONFERENCE OR IN A
JURISDICTION MUTUALLY AGREED UPON BY THE PARTIES.
The arbitrator's decision shall be final and binding and may be entered as a judgment in any
court of competent jurisdiction.
Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING
DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR
REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN
ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR
REPRESENTATIVE PROCEEDING.
Arbitration Costs. Each Party shall bear its own costs and attorneys' fees in connection with
the arbitration. Filing fees and arbitrator compensation shall be governed by the AAA's
applicable rules and fee schedules.
DRAFTING NOTE: REQUIRING CONSUMERS TO PAY EQUAL ARBITRATION COSTS CAN
BE DEEMED UNCONSCIONABLE IN SEVERAL JURISDICTIONS. THE LANGUAGE ABOVE
DEFERS TO AAA RULES, WHICH GENERALLY LIMIT CONSUMER FILING FEES. THIS IS
THE SAFER APPROACH FOR A CONSUMER-FACING TEMPLATE. IF YOUR BUSINESS
OPERATES ONLY IN A B2B CONTEXT, YOU MAY SPECIFY EQUAL COST-SHARING
INSTEAD.
Exceptions to Arbitration. Notwithstanding the foregoing, either Party may bring an individual
action in small claims court for Disputes within the court's jurisdictional limits. Either Party may
also seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the
actual or threatened infringement, misappropriation, or violation of intellectual property rights.
23. Choice of Law and Geographic Scope.
These Terms and your use of the Website are governed by and construed in accordance with
the laws of the State of Florida, without regard to its conflict of law principles.
DRAFTING NOTE: SELECT ONE OF THE OPTIONS BELOW REGARDING GEOGRAPHIC
SCOPE. OPTION A IS FOR BUSINESSES THAT SERVE ONLY U.S.-BASED USERS.
OPTION B IS FOR BUSINESSES THAT SERVE OR MAY SERVE INTERNATIONAL USERS.
YOUR SELECTION HERE SHOULD BE CONSISTENT WITH THE OPTION YOU SELECTED
IN YOUR PRIVACY POLICY.
OPTION A (U.S.-ONLY):
This Website is intended for use by persons located in the United States. We make no
representation that the Website or its content is appropriate or available for use in other
locations. If you access the Website from outside the United States, you do so at your own risk
and are responsible for compliance with the laws of your jurisdiction.
OPTION B (INTERNATIONAL USERS):
This Website is operated from the United States. If you access the Website from outside the
United States, you do so at your own risk and are responsible for compliance with the laws of
your jurisdiction. By using this Website, you consent to the transfer of your information to the
United States and acknowledge that U.S. laws may differ from the laws of your country.
24. Force Majeure.
The Company shall not be liable for any failure or delay in performing its obligations under these
Terms where such failure or delay results from circumstances beyond the Company's
reasonable control, including but not limited to natural disasters, acts of government,
pandemics, epidemics, internet or telecommunications failures, cyberattacks, power outages,
labor disputes, or disruptions to third-party services on which the Website relies.
25. Severability and No Waiver.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of
competent jurisdiction, that provision shall be modified to the minimum extent necessary to
make it enforceable, or if it cannot be modified, it shall be severed from these Terms. All
remaining provisions shall continue in full force and effect.
No failure or delay by the Company in exercising any right or remedy under these Terms shall
constitute a waiver of that right or remedy. Any waiver of any provision of these Terms will be
effective only if made in writing and signed by an authorized representative of the Company.
26. Transfer and Assignment.
You may not transfer or assign any of your rights or obligations under these Terms to any third
party without the Company's prior written consent. The Company may freely assign its rights
and obligations under these Terms without restriction. These Terms shall be binding upon and
inure to the benefit of the Parties and their respective successors and permitted assigns.
27. Notices.
We may provide notice to you by: (i) sending a message to the email address associated with
your account, or (ii) by posting a notice on the Website. Notices sent by email are effective at
the time of sending. Notices posted to the Website are effective upon posting.
You may provide notice to the Company by certified mail to:
Hawthorn House LLC 7001 Interbay Blvd, Unit 267, Tampa, FL 33616
Notices provided by certified mail are effective upon actual receipt.
All legal notices, including those related to intellectual property and copyright infringement
claims, should be sent by certified mail to the Company's address listed above.
All general inquiries and other communications relating to the Website should be directed to:
susan@hawthornhouse.design.
28. Entire Agreement.
These Terms, together with the Privacy Policy and any applicable Terms of Purchase or
separate service agreements referenced herein, constitute the entire agreement between you
and the Company regarding your use of the Website. These Terms supersede all prior and
contemporaneous agreements, understandings, and communications, whether written or oral,
regarding the subject matter of these Terms.
The Company reserves any and all rights not expressly granted in these Terms.

Terms of Use