Willow & Wharf House
willowandwharfhouse.com
These Terms of Service ("Terms") form a legally binding agreement between you ("User," "you," or "your") and Willow & Wharf House, a sole proprietorship ("Willow & Wharf House," "the Site," "we," "us," or "our"), governing your access to and use of willowandwharfhouse.com (the "Site"), together with all content, features, digital products, and services made available on or through the Site (collectively, the "Services").
BY ACCESSING THE SITE, CREATING AN ACCOUNT, SUBSCRIBING TO OUR EMAIL LIST, OR PURCHASING ANY PRODUCT OR DIGITAL DOWNLOAD, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN FULL, INCLUDING THE MANDATORY BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH IN SECTION 15, WHICH AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SITE AND SERVICES.
We may offer these Terms in connection with a clickwrap acceptance mechanism (e.g., a checkbox at checkout or account creation). Where such a mechanism is used, your affirmative click constitutes your electronic signature and acceptance of these Terms.
Willow & Wharf House is a publishing imprint that produces and distributes original literary works, including the Sparrow Cove Romance Series written under the pen name Marlow Sutton, together with related digital reader products such as ritual packs, digital companions, journals, and other supplemental content ("Digital Products"). The Site may also feature blog content, artwork, cover design credited to third-party creators, email newsletters, and links to third-party retail platforms (including Amazon KDP) through which printed and e-book editions are sold. Willow & Wharf House does not process the sale of print or e-book editions listed on third-party retail platforms; those transactions are governed by the applicable platform's own terms.
We reserve the right, in our sole discretion, to modify, suspend, or discontinue any part of the Services, including the availability of any Digital Product, at any time and without liability to you.
The Site and Services are intended for users who are at least eighteen (18) years of age, or the age of legal majority in their jurisdiction of residence, and who have the legal capacity to enter into a binding contract. If you are between the age of thirteen (13) and the applicable age of majority, you may use the Site only under the supervision of, and with the express permission of, a parent or legal guardian who agrees to be bound by these Terms on your behalf. The Site is not directed to, and we do not knowingly collect personal information from, children under the age of thirteen (13). If we become aware that a child under thirteen has provided us with personal information, we will take reasonable steps to delete such information.
All content available through the Site — including but not limited to text, story content, characters, character names, the "Sparrow Cove" fictional setting and all related world elements, titles, cover artwork (design credited to Pixel & Muse), illustrations, logos, trademarks, trade dress, layout, graphics, audio, and the compilation and arrangement thereof (collectively, the "Content") — is the property of Willow & Wharf House and/or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
Except as expressly permitted by these Terms or with our prior written consent, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works based on the Content, in whole or in part; (b) use the Content for any commercial purpose; (c) use any Content, character, or story element from the Sparrow Cove Romance Series to train, fine-tune, prompt, or otherwise develop any artificial intelligence or machine learning model; (d) remove, obscure, or alter any copyright, trademark, or other proprietary rights notice; or (e) publish fan works, adaptations, or translations of the Content for public distribution without our express written permission.
Digital Products purchased through the Site are licensed to you for personal, non-commercial, non-transferable use only. No ownership interest in any Digital Product is conveyed by purchase. Resale, redistribution, public sharing, or uploading of Digital Products to any file-sharing service, marketplace, or third-party platform is strictly prohibited and may result in immediate termination of access and pursuit of all available legal remedies.
If the Site allows you to submit comments, reviews, photos, or other content ("User Content"), you retain ownership of your User Content, but by submitting it you grant Willow & Wharf House a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and create derivative works from your User Content, in whole or in part, in any format or medium now known or later developed, for any purpose, including promotional and marketing purposes, without any obligation to compensate or credit you. You represent and warrant that you own or have all necessary rights to submit the User Content and that it does not infringe or violate the rights of any third party.
We reserve the right, but have no obligation, to monitor, edit, or remove any User Content at our sole discretion and without notice.
Digital Products are delivered electronically, typically by direct download or via a link sent to the email address you provide at checkout. It is your responsibility to ensure you have compatible software, hardware, and a valid, monitored email address to receive and access your purchase. We are not responsible for delivery failures, spam-filtering, or access issues caused by your email provider, device, or software.
Because Digital Products are delivered electronically and access is granted immediately upon purchase, ALL SALES ARE FINAL. Except where required by applicable law, we do not offer refunds, exchanges, or credits for Digital Products once a download link has been issued or access has been granted, regardless of whether the product has actually been downloaded or used.
We reserve the right to change the pricing, availability, or content of any Digital Product at any time without notice, and to limit quantities or availability at our sole discretion.
Payments for Digital Products and any other paid Services are processed through third-party payment and commerce platforms (which may include, without limitation, our email/CRM provider or a designated e-commerce processor). By making a purchase, you agree to the applicable third-party processor's terms of service and privacy policy in addition to these Terms. Willow & Wharf House does not store your full payment card information and is not responsible for any error, delay, security incident, or interruption caused by a third-party payment processor.
By subscribing to our email list, entering your email address at checkout, or otherwise opting in, you consent to receive marketing, promotional, and transactional emails from Willow & Wharf House, which may include new release announcements, sales, and content related to the Sparrow Cove Romance Series and other Willow & Wharf House projects. You may unsubscribe at any time using the link provided in each email. We are not liable for any delay, non-delivery, or filtering of email communications by your email service provider.
In connection with your use of the Site and Services, you agree that you will not:
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including removing content, suspending or terminating access, and referring the matter to law enforcement authorities.
The Site may contain links to third-party websites and services, including but not limited to Amazon KDP, Pinterest, Spotify, and other retail or social platforms. These links are provided for your convenience only. We do not control and are not responsible for the content, privacy practices, availability, or terms of service of any third-party site, and inclusion of a link does not imply our endorsement. Your interactions with any third-party website or service are solely between you and that third party.
THE SITE, THE SERVICES, AND ALL CONTENT AND DIGITAL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WILLOW & WHARF HOUSE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SITE AND SERVICES ENTIRELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WILLOW & WHARF HOUSE, ITS OWNER(S), MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY SERVICES OR DIGITAL PRODUCT, REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF WILLOW & WHARF HOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF WILLOW & WHARF HOUSE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU ACTUALLY PAID TO WILLOW & WHARF HOUSE FOR THE SPECIFIC DIGITAL PRODUCT GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless Willow & Wharf House and its owner(s), members, officers, employees, contractors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Site or Services; (b) your violation of any provision of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or publicity right; or (d) any User Content you submit.
We reserve the right, in our sole discretion and without prior notice or liability, to suspend or terminate your access to the Site, your account (if any), or any Service, for any reason or no reason, including but not limited to a violation of these Terms. Upon termination, any license granted to you to access Digital Products may be revoked, and provisions of these Terms that by their nature should survive termination (including, without limitation, Sections 3, 4, 10 through 16, and 18 through 20) shall survive.
These Terms and any dispute arising out of or related to these Terms, the Site, or the Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles, and without regard to the United Nations Convention on Contracts for the International Sale of Goods.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
15.1 Informal Resolution First. Before initiating an arbitration or small claims action, you and Willow & Wharf House each agree to first send a written notice describing the nature of the dispute and the relief sought to the other party (to Willow & Wharf House at 18321 NE 21st Court, N Miami Beach, FL 33179, or [email protected]) and attempt in good faith to resolve the dispute informally for at least thirty (30) days from the date the notice is received.
15.2 Agreement to Arbitrate. If a dispute is not resolved informally, you and Willow & Wharf House agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Services, or any Digital Product (a "Dispute") shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court as provided below.
15.3 Administrator and Rules. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, if the claim is not brought by a consumer, its Commercial Arbitration Rules), as those rules exist at the time the arbitration is commenced. The arbitration shall be conducted by a single, neutral arbitrator.
15.4 Location. Unless you and Willow & Wharf House agree otherwise, the arbitration shall be held in Miami-Dade County, Florida. Where consistent with AAA rules, either party may elect to participate by videoconference or telephone, and for claims not exceeding $10,000, the arbitration may be conducted based solely on written submissions at the option of the party seeking relief.
15.5 Arbitrator's Authority. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or part of these Terms is void or voidable. The arbitrator's award shall be final and binding on the parties and may be entered and enforced as a judgment in any court of competent jurisdiction.
15.6 Fees and Costs. Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA rules. Each party shall bear its own attorneys' fees and costs unless the arbitrator determines that a claim was frivolous or awards fees to the prevailing party as permitted by applicable law or the AAA rules.
15.7 Thirty-Day Right to Opt Out. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to [email protected] within thirty (30) days of the date you first agree to these Terms. Your notice must include your name and a clear statement that you wish to opt out of arbitration. If you opt out of this arbitration agreement, all other provisions of these Terms, including the Governing Law and venue provisions, will continue to apply.
15.8 Small Claims Court. Notwithstanding the foregoing, either party may bring an individual claim in a small claims court of competent jurisdiction located in Florida, so long as the matter remains in that court and proceeds only on an individual (non-class, non-representative) basis.
YOU AND WILLOW & WHARF HOUSE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING, WHETHER IN ARBITRATION OR SMALL CLAIMS COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION SECTION SHALL BE NULL AND VOID, BUT THE REMAINDER OF THESE TERMS SHALL REMAIN IN FULL FORCE AND EFFECT, AND THE PARTIES AGREE THAT ANY SUCH DISPUTE SHALL BE RESOLVED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN MIAMI-DADE COUNTY, FLORIDA.
TO THE EXTENT ANY DISPUTE IS NOT SUBJECT TO ARBITRATION OR IS PROPERLY BROUGHT IN COURT, YOU AND WILLOW & WHARF HOUSE EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY. YOU AND WILLOW & WHARF HOUSE AGREE THAT EXCLUSIVE JURISDICTION AND VENUE FOR ANY SUCH ACTION SHALL LIE IN THE STATE OR FEDERAL COURTS LOCATED IN MIAMI-DADE COUNTY, FLORIDA, AND YOU CONSENT TO THE PERSONAL JURISDICTION OF SUCH COURTS.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice (such as a Site banner or email). Your continued access to or use of the Site or Services after any revision becomes effective constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
Willow & Wharf House shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disaster, war, terrorism, labor disputes, internet or utility failures, or actions of any governmental authority.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions shall continue in full force and effect.
No Waiver. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
Assignment. We may assign or transfer these Terms, in whole or in part, without restriction or notice to you. You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent.
Entire Agreement. These Terms, together with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and Willow & Wharf House concerning the Site and Services and supersede all prior or contemporaneous agreements, representations, and understandings, whether written or oral.
Headings. Section headings are for convenience only and shall not affect the interpretation of these Terms.
Questions about these Terms, or written notices required under Section 15, should be directed to:
This document is a template drafted to be favorable to the site owner and is not legal advice. Before publishing, have it reviewed by a Florida-licensed attorney — arbitration clauses in particular carry jurisdiction-specific enforceability requirements (consumer notice/conspicuousness standards, the opt-out mechanism in Section 15.7, and interaction with the Federal Arbitration Act) that a template cannot guarantee will hold up if challenged. Note also: because Willow & Wharf House is identified here as a sole proprietorship rather than an LLC or corporation, there is no liability shield between the business and the proprietor personally — the limitation-of-liability and indemnification provisions in this document protect the business relationship with users, but they do not create the asset protection an LLC would; that's worth a conversation with the same attorney. Pair this document with a Privacy Policy, since it does not address data collection or CCPA/GDPR-style obligations.