Terms of Use

Website Terms and Conditions of Use  

Her Choice Co. d/b/a Indulgēre (referred to as “Indulgēre,” “we,” “us,” “our,” or "Website  Owner") is the owner and operator of the www.indulgere.co website (the “Website”) and the  Indulgēre brand. By accessing, visiting, browsing, or using this Website, you agree to be bound by these Terms (the “Terms”) and Conditions of Use (collectively the "Agreement"). This  Agreement is a legal agreement between you and Indulgēre. IF YOU DO NOT AGREE TO  THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE, PURCHASE  ANY PRODUCTS THROUGH THE WEBSITE, OR REGISTER FOR ANY SERVICE PROVIDED BY INDULGERE.  

Terms and Conditions of Use 

1. Privacy Policy. Refer to our Privacy Policy for information about how we collect, use, and disclose your information. 

2. We may revise these terms at any time at our discretion. The terms of this Agreement are subject to change at any time at the Website Owner’s discretion. Your continued use of any part of the Website or any service by Indulgēre constitutes your acceptance of the changes to the Agreement. The most current version of this Agreement replaces all previous versions and can be reviewed at www.indulgere.co. 

3. We can revise the products and services available on this Website at any time. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on this Website at any time.  

4. You are responsible for your use of the Website. You understand and agree that you are solely responsible for your actions and decisions to use the Website. You understand and agree that you must take all reasonable precautions before using the Website and signing up for Indulgēre services or purchasing Indulgēre products. 

5. Purchases; Payment Authorization. You have the ability to purchase products made available through this Website. If you want to make a purchase, you will be asked to supply certain information relevant to your purchase including, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. If you use the Website to place an order or make a purchase, Indulgēre will charge your credit card or debit card (a “Card Payment”) or initiate electronic funds transfer out of your bank account (“EFT Payment”) for payment of all fees. You must provide current, complete, and accurate information for your billing account. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any purchase made on this Website. We accept payment for all purchases through third-party payment processors. You agree to be bound by and accept the terms and conditions of those third parties. If Indulgēre is unable to process and receive payment via your credit or debit card, your order will not be processed or fulfilled. Your card issuer agreement governs the use of your credit or debit card payment in connection with the service, your rights, and liabilities as a cardholder, or for any charges related to your use of your credit limit or similar violations of your card issuer agreement. By placing an order, you represent that the products ordered will be used only in a lawful manner and that you are purchasing the products for personal use only and not for resale.

6. Limitations of Liability. By using any services provided by the Website and the Website Owner, you agree that the Website, the Website Owner, its agents, subsidiaries, affiliates, licensors, licensees, service providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special,  exemplary, or other damages as a result of your accessing the Website and using any of the services available. Your sole remedy for any breach or default of this Agreement by the Website or Website Owner shall be a return of any fees paid for any services provided or products purchased under this Agreement or any other agreement for services.  

7. Links to Other Websites. The Website may contain links to third-party websites. Indulgēre makes no warranties of any kind regarding any such external websites to which you may be directed or hyperlinked from this Website. Hyperlinks are included solely for your convenience, and Indulgēre makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided on such third-party websites. Indulgēre does not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties on the Site. If you decide to access linked third-party websites, you do so at your own risk. 

8. Indemnification. You agree to defend, indemnify, and hold the Website, the Website  Owner, their agents, subsidiaries, affiliates, licensors, licensees, service providers,  employees, agents, officers, and directors (the “Indemnified Parties”) harmless from any breach of the terms of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use of the Website or any information obtained with any such breach or unauthorized use of the Website. You further agree to defend and indemnify any and all loss, damages, judgments, awards,  costs, expenses, and attorney’s fees of the Indemnified Parties. You agree to also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Website and any information accessed from the Website. 

9. Confidentiality. It is our policy to release a user’s personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, to protect the rights,  property, or safety of our users and customers, in response to a governmental authority request or legal process, or for purposes of fraud protection. By accepting the terms of this  Agreement, you waive all rights and agree to hold the Website and Website Owner harmless from any claims resulting from any action taken by the Website or the Website  Owner during or as a result of its investigations, and/or from any actions taken as a  consequence of investigations by either the Website or law enforcement authorities. 

10. Intellectual Property. The Website and Website Owner own and retain all proprietary rights to the www.indulgere.co service, its trademarks, copyrights, and all other intellectual property. Except for any information that is in the public domain, you are not authorized to reproduce, transmit, or distribute the proprietary information or intellectual property of the  Website and Website Owner. By providing information to the Website and Website Owner, you agree that you have granted the Website and Website Owner the right to use such information. 

11. No Warranties. The Website and Website Owner provide the www.indulgere.co products and services on an "as is" and “as available” basis and do not make any warranty, express,  implied, limited, or other with respect to the products and services provided or any specific outcome of your receiving the services. Specifically, the Website and Website Owner do not warrant that the products and services will always be available, be uninterrupted, be error-free, meet your requirements, or that any defects in the products and services will be corrected. 

12. Jurisdiction; Venue; Attorney Fees. This Agreement, or any dispute arising from this  Agreement, is governed by the laws of Tennessee, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the state or federal courts for Davidson County, Tennessee, and you hereby consent to the jurisdiction of any such court. The prevailing party in any such action shall be entitled to recover its reasonable attorneys' fees and costs incurred in litigating or otherwise settling or resolving such action. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW  TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, OR  RELATED TO, YOUR USE OF THIS WEBSITE OR THIS AGREEMENT MUST BE FILED  WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE  FOREVER BARRED. 

13. Arbitration. Any dispute relating in any way to your visit to, or use of, the Website, to the products you purchase through the Website, or to your relationship to Indulgēre shall be submitted to confidential arbitration in Tennessee. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Tennessee. Arbitration under this Agreement will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise.  

14. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. 

15. Certification. You must be at least eighteen (18) years old to access the Website. If you are under the age of eighteen (18), do not use the Website for any purpose. 

16. Entire Agreement. This Agreement constitutes your entire Agreement with the Website and Website Owner with respect to any services. 

17. Waiver. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.

If you have any questions regarding this Agreement, please contact Indulgēre at queens@indulgere.co.