Terms & Conditions

TL;DR

We (the folks at EVE AND NOT LLC) are on a mission to document and share our journey from city life to rural homesteading. Along the way, we may recommend some products via affiliate links. And we might even sell you some stuff through our online store. These Terms of Service (“Terms”) describe our commitments to you and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.

Also, a big thanks to Automattic for making their comprehensive Terms of Service available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Terms of Service. And also thanks to Tim.blog for pointing that out to us!

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. BELOW, THESE TERMS EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION.

Terms of Service

These Terms govern your access to and use of the software, applications, and other products and services we provide through IlianaAcres.com (our “Services”). These Terms also govern visitors’ access to and use of any websites that use our Services. For some of our other products, services, and programs, additional or separate terms and policies may apply.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add to our Services as stated in the Terms, and the Agreement will apply to any changes.

1. Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

2. Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.

We may limit your access to our Services until we’re able to verify your account information, like your email address.

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. Notify us immediately of any unauthorized uses of your account, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.

3. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4. Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

We don’t have any control over third-party websites.
A link to or from one of our Services does not represent or imply that we endorse any third-party website.
We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
You’re fully responsible for the Content available on your website, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

5. Fees, Payment, and Renewal

Fees for Paid Services

Some of our Services are offered for a fee (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be different kinds of fees, like some that are one-time, recurring, revenue-based, or based on an advertising campaign budget that you set.

Payment

You must provide accurate and up-to-date payment information. By providing your payment information, you authorize us to store it until you request deletion. If your payment fails, we suspect fraud, or Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to Paid Services without notice to you.

Automatic Renewal

By enrolling in a subscription, you authorize us to automatically charge the then-applicable fees and Taxes for each subsequent subscription period until the subscription is canceled. You must cancel at least one month before the scheduled end date of any annual subscription and at least 24 hours before the end of any shorter subscription period.

Refunds

We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds, and all payments are final.

6. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.

7. General Representation and Warranty

You represent and warrant that your use of our Services:

Will be in strict accordance with the Agreement;
Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, licensing, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
Will not infringe or misappropriate the intellectual property rights of EVE AND NOT LLC or any third party;
Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure;
Will not disclose the personal information of others;
Will not be used to send spam or bulk unsolicited messages;
Will not interfere with, disrupt, or attack any service or network;
Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source;
Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

8. Specific Service Terms

Content License

By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services and promoting your website. This license also allows us to make any publicly-posted Content available to select third parties so that these third parties can analyze and distribute (but not publicly display) the Content through their services.

9. Copyright / DMCA Policy

If you believe any Content violates your copyright, please contact us with a notice of copyright infringement.

10. Intellectual Property

The Agreement doesn’t transfer any EVE AND NOT LLC or third-party intellectual property to you, and all right, title, and interest in and to such property remains solely with EVE AND NOT LLC. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any EVE AND NOT LLC or third-party trademarks.

11. Third-Party Services

While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications provided or manufactured by a third party or yourself (“Third-Party Services”). If you use any Third-Party Services, you understand and agree that:

Third-Party Services aren’t vetted, endorsed, or controlled by EVE AND NOT LLC.
Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to you or anyone else for Third-Party Services.
Your use is subject to the Third-Party’s terms and policies.
If a Third-Party Service is enabled, it may request or require access to your data or your visitors’ data.
EVE AND NOT LLC is not responsible for any issues resulting from your use of Third-Party Services, and we may not be able to provide support for them.
If you have questions or concerns about how a Third-Party Service operates, contact the Third Party directly.

We may suspend, disable, or remove Third-Party Services from your account or website at our discretion.

12. Changes

We may modify the Terms from time to time to reflect changes to our Services or for legal, regulatory, or security reasons. We will provide notice of the changes by posting the amended Terms and updating the “Last Updated” date. If the changes are material, we may notify you through our Services or other communications. By continuing to use our Services after we’ve notified you, you agree to be bound by the new Terms.

13. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement. We may also reclaim your username or website’s URL due to prolonged inactivity, refuse or remove any content that violates this Agreement, restrict resources your website uses, or terminate or deny access to our Services.

You can stop using our Services at any time, or cancel any Paid Services subject to the Fees, Payment, and Renewal section of these Terms.

14. Disclaimers

Our Services are provided “as is.” EVE AND NOT LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither EVE AND NOT LLC nor its suppliers and licensors makes any warranty that our Services will be error-free or that access will be continuous or uninterrupted. You download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

15. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement will be the state and federal courts located in Florida, U.S.A.

16. Limitation of Liability

In no event will EVE AND NOT LLC, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to EVE AND NOT LLC under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. EVE AND NOT LLC shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

17. Indemnification

You agree to indemnify and hold harmless EVE AND NOT LLC, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services or applicable law, Content that you post, and any ecommerce activities conducted through your or another user’s website.

18. US Economic Sanctions

You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People’s Republic, Luhansk People’s Republic, and Syria); are not listed on any United States list of prohibited or restricted parties; and shall not use or allow access by any of your customers to the Services in any manner that may cause EVE AND NOT LLC to violate US export controls and sanctions.

19. Data Processing Agreement

If you need a data processing agreement (DPA) with us for GDPR requirements that apply to us as a data processor for your website, please contact us via our contact page.

20. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

21. Stickers

Oh, look, you found an easter egg. This was placed here just to check who is crazy enough to read all this. If you made it this far down the rabbit hole, you either have some bad intentions or you are very bored. Either way, as a reward for your crazy efforts, we’d like to send you some free stickers. Reach out to us and tell us you want some free stickers! Be sure to mention you found this easter egg so we know what’s up because chances are we probably forgot all about this. You’ll have to provide a mailing address, of course. And you may not get them right away, but we’ll send them eventually (whenever we get some in stock). Also, please keep this easter egg secret! If we receive multiple requests back-to-back, we’ll know it was shared and we’ll have to go and hide it somewhere else. Oh, and y’all have a great day or night! Cheers.

22. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Mandatory Arbitration of Disputes

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (“Dispute”) must be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. Each party waives the right to a trial in court and/or by a jury. This arbitration provision shall survive any termination of these Terms.

Exceptions

As a limited exception to the above: (i) the parties may seek to resolve a Dispute in small claims court if it qualifies; and (ii) each party retains the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of its intellectual property rights.

Conducting Arbitration and Arbitration Rules

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where one lives, with provision to be made for remote appearances to the maximum extent permitted by the AAA rules, unless the parties both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of these Terms.

Arbitration Costs

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, including rules regarding frivolous or improper claims. The prevailing party will be entitled to an award of their reasonable attorney’s fees and costs.

Injunctive and Declaratory Relief

Except as provided above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or EVE AND NOT LLC prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

Arbitration Opt-Out

You can opt out of this arbitration agreement within thirty (30) days of the date you agreed to these Terms. To opt out, you must provide written notice to EVE AND NOT LLC by email, and the notice must include your full name, email address, and a clear statement that you want to opt out of this arbitration agreement (such notice, an “Arbitration Opt-out Notice”). If you do not provide us with an Arbitration Opt-out Notice within the thirty (30) day period noted above, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute.

You can email your written notice to: contact[at]ilianaacres.com

Class Action Waiver

YOU AND EVE AND NOT LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if a Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with a party’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

23. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between EVE AND NOT LLC and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. EVE AND NOT LLC may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.