Terms of Service

The following terms and conditions govern all use of the 11EastPleasant.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Amherst Innovative Living, LLC ("Amherst Innovative Living" and/or “AIL”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, AIL's Privacy Policy) and procedures that may be published from time to time on this Site by Amherst Innovative Living (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Amherst Innovative Living, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your 11EastPleasant.com Account

Payment

By signing up for an account you agree to pay Amherst Innovative Living all rent, lease costs and fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Amherst Innovative Living reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time on thirty (30) days written notice to Amherst Innovative Living.

Responsibility of Website Visitors

Amherst Innovative Living has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Amherst Innovative Living does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Amherst Innovative Living disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which 11EastPleasant.com links, and that link to 11EastPleasant.com. Amherst Innovative Living does not have any control over those non-Amherst Innovative Living websites and webpages, and is not responsible for their contents or their use. By linking to a non-Amherst Innovative Living website or webpage, Amherst Innovative Living does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Amherst Innovative Living disclaims any responsibility for any harm resulting from your use of non-Amherst Innovative Living websites and webpages.

Copyright Infringement and DMCA Policy

As Amherst Innovative Living asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by 11EastPleasant.com violates your copyright, you are encouraged to notify Amherst Innovative Living in accordance with the Digital Millennium Copyright Act ("DMCA") Policy. Amherst Innovative Living will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Amherst Innovative Living will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Amherst Innovative Living or others. In the case of such termination, Amherst Innovative Living will have no obligation to provide a refund of any amounts previously paid to Amherst Innovative Living.

Intellectual Property

This Agreement does not transfer from Amherst Innovative Living to you any Amherst Innovative Living or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Amherst Innovative Living. Amherst Innovative Living, 11EastPleasant.com, the 11EastPleasant.com logo, and all other trademarks, service marks, graphics and logos used in connection with 11EastPleasant.com, or the Website are trademarks or registered trademarks of Amherst Innovative Living or AIL's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Amherst Innovative Living or third-party trademarks.

Advertisements

Amherst Innovative Living reserves the right to display advertisements.

Attribution

Amherst Innovative Living reserves the right to display attribution links such as 'Blog at 11EastPleasant.com,' theme author, and font attribution in your blog footer or toolbar.

Partner Products

By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

Domain Names

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.

Changes 

Amherst Innovative Living reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Amherst Innovative Living may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Amherst Innovative Living may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your 11EastPleasant.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Amherst Innovative Living if you materially breach this Agreement and fail to cure such breach within thirty (30) days from AIL's notice to you thereof; provided that, Amherst Innovative Living can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided "as is". Amherst Innovative Living and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Amherst Innovative Living nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Amherst Innovative Living Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Amherst Innovative Living, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Amherst Innovative Living and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Amherst Innovative Living, or by the posting by Amherst Innovative Living of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Massachusetts, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Hampshire County, Massachusetts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Northampton, Massachusetts, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Amherst Innovative Living may assign its rights under this Agreement without condition. This Agreement will be binding upon and will ensure to the benefit of the parties, their successors and permitted assigns. 

Privacy Policy

Amherst Innovative Living, LLC ("AIL" and/or “Amherst Innovative Living”) operates 11EastPleasant.com and may operate other websites. It is AIL's policy to respect your privacy regarding any information we may collect while operating our websites.

WEBSITE VISITORS
Like most website operators, Amherst Innovative Living collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. AIL's purpose in collecting non-personally identifying information is to better understand how AIL's visitors use its website. From time to time, Amherst Innovative Living may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Amherst Innovative Living also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on 11EastPleasant.com blogs/sites. Amherst Innovative Living only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.

GATHERING OF PERSONALLY-IDENTIFYING INFORMATION
Certain visitors to AIL's websites choose to interact with Amherst Innovative Living in ways that require Amherst Innovative Living to gather personally-identifying information. The amount and type of information that Amherst Innovative Living gathers depends on the nature of the interaction. For example, we ask visitors who sign up at 11EastPleasant.com to provide a username and email address. Those who engage in transactions with Amherst Innovative Living are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Amherst Innovative Living collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Amherst Innovative Living. Amherst Innovative Living does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

DATA STORAGE

By submitting your personal information, you explicitly agree to such transfer, storing or processing of data through our third party partner Entrata. We will take all steps reasonably necessary to ensure that this information is treated securely and in accordance with this Privacy Policy.

All information we hold is stored on our secure servers which we license from appropriate third parties like Entrata. We use industry standard procedures and security standards to prevent unauthorized access to our servers, however no online service or website can be completely secure, so please protect the account information in your possession as well.

AGGREGATED STATISTICS
Amherst Innovative Living may collect statistics about the behavior of visitors to its websites. Amherst Innovative Living may display this information publicly or provide it to others. However, Amherst Innovative Living does not disclose personally-identifying information other than as described below.

PROTECTION OF CERTAIN PERSONALLY-IDENTIFYING INFORMATION
Amherst Innovative Living discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on AIL's behalf or to provide services available at AIL's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using AIL's websites, you consent to the transfer of such information to them. Amherst Innovative Living will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Amherst Innovative Living discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Amherst Innovative Living believes in good faith that disclosure is reasonably necessary to protect the property or rights of Amherst Innovative Living, third parties or the public at large. If you are a registered user of an Amherst Innovative Living website and have supplied your email address, Amherst Innovative Living may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with Amherst Innovative Living and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Amherst Innovative Living takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

COOKIES
A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Amherst Innovative Living uses cookies to help Amherst Innovative Living identify and track visitors, their usage of Amherst Innovative Living website, and their website access preferences. Amherst Innovative Living visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using AIL's websites, with the drawback that certain features of AIL's websites may not function properly without the aid of cookies.

BUSINESS TRANSFERS
If Amherst Innovative Living, or substantially all of its assets, were acquired, or in the unlikely event that Amherst Innovative Living goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Amherst Innovative Living may continue to use your personal information as set forth in this policy.

ADS
Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Amherst Innovative Living and does not cover the use of cookies by any advertisers.

PRIVACY POLICY CHANGES
Although most changes are likely to be minor, Amherst Innovative Living may change its Privacy Policy from time to time, and in AIL's sole discretion. Amherst Innovative Living encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a 11EastPleasant.com account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.