Terms and Conditions

Donny Osmond Home Terms of Use

Donny Osmond Home and its affiliates (“Donny Osmond Home,” “we,” “us” or “our”) have created these Terms of Use to govern the use of the www.donnyosmondhome.com website or other Donny Osmond Home online venues (collectively the “Site”). The Site is owned and operated by Donny Osmond Home, a DBA of Spreken, Inc., a Utah corporation.

These Terms of Use are supplemented by the Privacy Policy. Our Privacy Policy applies to use of our Site, and it is made a part of these Terms of Use by this reference. By using the Site, you signify that you agree to both the Terms of Use and the Privacy Policy. If you do not agree to both the Terms of Use and the Privacy Policy, do not use the Site.

The Terms of Use and Privacy Policy constitute a legally binding agreement between you, a user of the Site, (“you”) and Donny Osmond Home.

Changes to these Terms of Use and to the Site

From time to time we may change or add to or delete aspects of these Terms of Use without prior notice to you. Your continued use of our Site following any such changes constitute your unconditional agreement to be bound by these Terms of Use. You are responsible for reviewing these Terms of Use each time you use or access our Site. In addition, we may: (i) modify or discontinue any part of the Site; (ii) charge, modify or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users.

Prices and Availability

Our products are offered subject to availability. If for any reason we cannot supply you with any part of your order we will contact you via email or phone to advise you. We may need to cancel or refund the item from your order, in which case the funds will be paid directly back to your card. Payments will be refunded to the card used to purchase the goods.

Prices are subject to change without notice. Donny Osmond Home reserves the right to refuse any order, at our sole discretion.

Shipping and Processing

We offer free standard shipping for customers within the United States. Customers can elect to pay extra for expedited shipping. International customers will pay an additional price for shipping. We process the order as quickly as is administratively feasible but make no guarantee regarding the timing.

Delays

We do our best to process and ship orders in a timely manner. However, we make no guarantee regarding the diming of the processing and shipping, and we may not be held liable for any delays. If our supply of the products or any related services is delayed, we will contact you as soon as possible to let you know, and we will take steps to minimize the effect of the delay. If there is a risk of substantial delay, you may request to end the contract and receive a refund for any products you have paid for but not received.

Changes to Orders

If you wish to make a change to an order, you may contact customer support at support@donnyosmondhome.com, and we will do our best to accommodate changes. However, we may not be able to modify orders, especially after they have already shipped, and make no guarantees to our ability to change an order once it is placed. The sooner you contact us after the order is placed, the more likely we will be able to accommodate your changes.

Refunds and Returns

Please see our Refunds and Returns policy.

Privacy Policy

Please see our Privacy Policy page.

Intellectual Property Rights

All trademarks, logos, trade names, and service marks displayed on our Site are our registered or unregistered trademarks, or those of third parties who have authorized their use. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the trademarks or images. All of the materials contained on our Site are copyrighted except where explicitly noted otherwise. The absence of a trademark, trade name, or service mark does not constitute a waiver of our intellectual property rights concerning the trademark, trade name, or service mark.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to Donny Osmond Home that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. The following activities are expressly prohibited from the Site:

Engaging in activity that may compromise the Site.

Hacking the Site, trying to change the behavior of the Site, accessing data not intended for you, logging onto a server or an account that you are not authorized to access, attempting to probe, scan, or test the vulnerability of a system or network, trying to breach security or authentication measures

Engaging in the use of worms, viruses, cancel bots, Trojan horses

Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.

Framing or deep linking into the Site.

Improperly using communications for spamming, phishing, mail bombing or crashing, forging any header or any part of the header information in any email or posting, or forging communications on behalf of the Site or to the Site.

Accessing the Site by means of automated process, spiders, bots or similar device.

Misrepresenting the identity of a user, impersonating any person or entity.

Falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site.

Expressly stating or implying that we endorse any statement you make.

Conducting fraudulent activities on the Site.

Sending unsolicited or unauthorized email on behalf of Donny Osmond Home, including promotions and/or advertising of products or services.

Using the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity.

Harvesting or collecting personally identifiable information about other users of the Site.

Materials from our Site may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. Unless otherwise specified, all materials on our Site are made available only to provide information and are for personal and non-commercial use. You agree not to use or access the Site in a manner that could damage, disable, overburden, or impair our servers or the networks connected to our servers; interfere with any third party’s use and enjoyment of our Site; or attempt to gain unauthorized access to accounts, computer systems or networks connected to any of our servers through hacking, password mining, or any other means.

User Suspension and/or Termination of Access

Donny Osmond Home may cancel or terminate your right to access or use any part of the Site at any time without notice. You agree that a breach of any of these Terms of Use may result in the immediate termination of your account and/or give rise to civil action against you. The disclaimers herein and all restrictions on you regarding information downloaded or obtained from the Site shall survive any cancellation or termination of your right to use the Site. We will fully cooperate with any law enforcement authorities or court orders related to submissions that violate applicable law or these Terms of Use and you waive and hold us harmless for any such cooperation.

Links to Third Party Sites

Any links to other websites not owned or operated by Donny Osmond Home are provided solely as a convenience for you. You bear all risk associated with the employing of any third party and obtaining their goods or services. We encourage you to read and understand the terms and conditions of use of any linked sites that you visit.

Warranty Disclaimer

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, THE PRODUCTS OR SERVICES OFFERED, AND/OR LISTED PRICES THAT ARE DESCRIBED OR OBTAINED THROUGH THE SITE. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED AS TO THE OPERATION OF OUR SITE OR THE INFORMATION INCLUDED ON OUR SITES, INCLUDING THAT THEY WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. DONNY OSMOND HOME MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. PURSUANT TO THE RETURN POLICY, DONNY OSMOND HOME MAY, AT OUR SOLE DESCRECION, OFFER CREDITS, REFUNDS, DISCOUNTS, OR REPLACEMENT PRODUCTS FOR PRODUCTS THAT ARE DEEMED, AT OUR SOLE DESCRECION, TO BE DAMAGED OR OTHERWISE DEFECTIVE. HOWEVER, DONNY OSMOND HOME IS UNDER NO LEGAL OBLIGATION TO DO SO, AND HOLDS THE RIGHT TO DENY ANY SUCH CLAIMS FOR ANY REASON.

THIS DISCLAIMER INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DONNY OSMOND HOME AND ITS PARTNERS, THIRD PARTY SERVICE PROVIDERS, AND SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH YOUR USE OF THE SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, SYSTEM INTEGRATION OR FREEDOM FROM COMPUTER VIRUS, OR QUIET ENJOYMENT. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE.

Limitation of Liability

IN NO EVENT SHALL DONNY OSMOND HOME AND/OR ANY OF ITS PARTNERS, THIRD PARTY SERVICE PROVIDERS, AND SUPPLIERS, AND/OR ANY OF THE RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS AND EMPLOYEES OF ANY OF THE FOREGOING BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OR INJURY WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR ONLINE FAILURE, OR FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DONNY OSMOND HOME OR ANY OF ITS PARTNERS, THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND/OR THE RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS AND EMPLOYEES OF ANY OF THE FOREGOING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, DONNY OSMOND HOME’S TOTAL LIABILITY TO YOU (FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR SITES OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS, BROWSING ON, OR USE OF OUR SITES OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OUR SITES.

User Indemnification

By using the Site, you accept all responsibility and agree to indemnify Donny Osmond Home (and its partners, third party service providers and suppliers, and the respective members, managers, directors, officers and employees of any of the foregoing) and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses of every kind and nature, known and unknown (including without limitation any related court costs, expenses and attorneys’ fees), whether based on warranty, contract, tort, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site, a breach of any of your representations and warranties set forth above, or your violation of any law or the rights of a third party. Such acts may include but are not limited to: submissions to the Site, unauthorized use of material obtained through the Site or breach of these Terms of Use.

General

To the maximum extent permitted by law, these Terms of Use and the Privacy Policy, are governed by the laws of the State of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR DISPUTE RELATED TO THE SITE, THESE TERMS OF USE, OR THE PROGRAM MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Donny Osmond Home as a result of the Terms of Use, including the Privacy Policy, or use of the Site.

Donny Osmond Home’s performance of the Terms of Use, including its supplement the Privacy Policy, is subject to existing laws and legal process, and nothing contained herein is in derogation of Donny Osmond Home’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Donny Osmond Home with respect to such use.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and us with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site.

Contact Us

If you have additional questions you can email us at support@donnyosmondhome.com. You can write to us at:

Donny Osmond Home
1329 S 800 E, Suite 100
Orem, UT 84097

Effective Date: October 1, 2020