Shogun Enterprises Inc. doing business as “Hearth” (“Hearth”, “Hearth Contracts”, “Platform”, “we”, “us” and “our”) provides software services via its website (www.gethearth.com
1. Hearth Policies
2. Hearth Contractor Agreement
Notwithstanding anything to the contrary, you agree to all the terms and conditions set forth in the Hearth Contractor Agreement.
3. Hearth Contracts
- Hearth provides Hearth Contracts, a software service offered through its website (www.gethearth.com) that allows for digital contract creation and contract execution. Hearth Contracts allows you to upload an existing contract template or modify an available contract template and send the contract to your customers for execution. Once a contract is fully executed, the platform will send you a digital copy of the agreement.
- By using Hearth Contracts, you authorize Hearth and/or Hearth Contracts to carry out Platform Services in accordance to the Contracts Terms.
- By using Hearth Contracts, you agree to all the terms set forth herein.
4. No Legal Advice Intended
Hearth Contracts is a Software as Service platform. The information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice.
5. No Attorney-Client Relationship Created
The use of Hearth Contracts nor any of its information are not intended to create an attorney-client relationship. By using Hearth Contracts, you explicitly acknowledge that you do not intend to establish an attorney-client relationship. The content of any unsolicited email sent to Hearth or any of its employees at an email address available on this website will not create an attorney-client relationship and the contents of such unsolicited email shall not be considered confidential.
6. Termination of Access to Hearth Contracts
- Termination Your access to Hearth Contracts will terminate concurrently with your current subscription of Hearth, unless you choose to renew your Hearth subscription.
- Hearth Termination Hearth reserves the right to suspend or terminate your access to Hearth Contracts for any reason, with or without notice and without further obligation.
- Pending Contracts After the termination of your access to Hearth Contracts, you will lose access to any pending and unexecuted contracts sent via the Platform.
7. Representation to Public
You promise not to describe or hold out to the public or any other party, that Hearth is your legal counsel or legal advisor. When describing the Hearth Contracts to any third party, Contractor promises to clarify that Hearth Contracts is a software platform that allows for the digital creation and transmission of contracts for execution.
You agree to pay any applicable taxes, fees, or assessments that are charged by any federal, state, or local authority. You agree to permit Hearth to charge the same payment method (for instance, a credit card or debit card) provided to Hearth for purposes of satisfying these obligations.
9. Disclaimers & Releases
Any contracts transmitted and executed through Hearth Contracts are between you and your Customer. You understand that Hearth is not a party to any such transactions or contracts entered into between you and any of your Customers. TO THE FULLEST EXTENT PERMITTED BY LAW, HEARTH MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR THE HEARTH CONTRACTS PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CONTRACT DISPUTES, ERRORS, OR ANY OTHER CIRCUMSTANCES BEYOND HEARTH’S CONTROL OR OTHER ISSUES RELATING TO TRANSACTIONS MADE THROUGH HEARTH CONTRACTS.
10. Representations & Warranties
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEARTH WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT HEARTH CONTRACTS. HEARTH’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING HEREUNDER SHALL BE LIMITED TO THE LIABILITY LIMITATIONS IN THE HEARTH CONTRACTOR AGREEMENT.
In all other respects, the Hearth Policies shall remain unchanged and in full force and effect in accordance with the terms thereof. In the event of any conflict between this Contracts Terms, Hearth Contractor Agreement, and the Hearth Policies, the provisions shall govern in the following order: this Contracts Terms, the Hearth Contractor Agreement, and the Hearth Policies. This Contracts Terms is governed by the laws of the State of Texas.