PLEASE READ THE FOLLOWING CAREFULLY, AS THE SITE IS MADE AVAILABLE TO YOU SUBJECT TO THIS AGREEMENT. BY USING THE SITE, YOU AGREE TO ABIDE BY THIS AGREEMENT IN ALL RESPECTS. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, PLEASE DO NOT USE THE SITE. ANY UNAUTHORIZED ACTIVITY IS SUBJECT TO OUR FULL LEGAL RIGHTS AND REMEDIES.
We are committed to the safety of each Guest. In connection with your use of the Site, you agree not to engage in any activity that may be deemed unlawful, objectionable, offensive, or harmful to others, including but not limited to the following:
• Transmit to the Site or otherwise make available on the Site any content that is or may be deemed unlawful, improper or otherwise objectionable;
• Impersonate or otherwise misrepresent your affiliation with a person or entity;
• Engage in fraudulent activity;
• Exploit the Site or use of the Site for any commercial or other purpose;
• Conduct that is or may be deemed harmful to minors;
• Transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• Infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Transmit or otherwise make available any unsolicited, unauthorized or improper communications that may be deemed “junk mail” or “spam”;
• Transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Interfere with or disrupt the Site or servers or networks connected to the Site, or violate any requirements, procedures, policies or regulations of networks connected to the Site;
• Violate any applicable local, state, national or international law, or any rule or regulations promulgated by any governmental or regulatory agencies, in the United States or any other applicable jurisdiction.
Framing of the Site on another website, or mirroring the Site on another server, is expressly prohibited, in whole or in part.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
The Site does not represent or warrant that it is appropriate or available for use in all jurisdictions. If you choose to access the Site, you do so at your own risk and are responsible for compliance with any and all local laws.
You are responsible for obtaining access to the Site, and are responsible for any third-party fees incurred (such as Internet service provider or airtime charges).
We welcome your questions, concerns, or comments about the Agreement. You may contact us at: firstname.lastname@example.org. Please report any violations of this Agreement.
Errors and Inaccuracies
The Site endeavors to provide complete, accurate and current information. Unfortunately, the Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
Shipment of Orders
Orders will be shipped to the address designated by the purchaser as long as that shipping address is permitted by the carrier. Risk of loss and title for items purchased from the Site pass to the buyer upon delivery of the items to the carrier. The purchaser is responsible for filing any claims with carriers for damaged and/or lost shipments.
Guests may transmit e-mails, messages, bulletin board postings, suggestions, ideas, or concepts to the Site (“Guest Submissions”). Guests are solely responsible for their Guest Submission(s). Except for information necessary to place an order, please do not send us any proprietary or confidential information. There is no expectation or obligation of confidentiality with respect to any Guest Submission, regardless of any statement or legend to the contrary contained therein. You grant the Site a royalty-free, nonexclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform, display, edit, create derivative works and otherwise use your Guest Submission(s) for any purpose, in whole or in part, including but not limited to advertising and promotional purposes. No compensation is due to you for such use.
We also reserve the right, but not the obligation, to use a Guest’s name, city and state in connection with a Guest Submission.
Third Party Content
The Site may display information from other websites or resources that are independent of the Site, including but not limited to advertisements, hyperlinks and RSS feeds (the “Third Party Content”). Third Party Content is provided for your convenience only and does not constitute an endorsement, approval, promotion, referral, recommendation or warranty of the Third Party Content or of the services or products offered thereby. We are not affiliated with any other Third Party Content.
When you access or enter into any transactions with any Third Party Content you do so at your own risk and discretion. We are not responsible for the accuracy, completeness, or reliability of Third Party Content. You further acknowledge and agree that the Site shall not be responsible or liable, directly or indirectly, for any damage or loss arising from Third Party Content.
When you leave the Site to visit another website, this Agreement is no longer applicable and you become subject to the terms and conditions of such other website.
Please contact us if you are interested in advertising on the Site.
Intellectual Property Ownership and Use
Please be aware that your use of our Site is subject to applicable laws governing ownership and use of intellectual property, including trademarks and copyrights. All materials and content on the Site, including but not limited to images, text, illustrations, audio, video, and related features (the “Materials”) are protected by copyrights and/or trademarks which are owned, licensed, or otherwise used with permission.
With respect to the Materials and the Site, the following activity is expressly prohibited without our prior express written consent: non-personal use, copying, reproducing, reverse engineering, decompiling, disassembling, modifying, reposting to other web Sites, framing, deep linking to, distributing, redistributing, licensing, sublicensing, or transferring.
You may not use any of the Haute Holly trademarks or trade dress without our prior express written permission. Trademarks or trade dress include the Haute Holly name and logos, and other graphics, logos, page headers, button icons, scripts, and service names. Any other trademarks that appear on the Site are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.
All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the website, as well as the software used to create them, are owned by us and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the website solely for personal, non-commercial purposes related to placing an order or shopping on the website. Any other use of any content included on the website, including linking or framing to the Site, is strictly prohibited unless you first obtain our prior express written consent.
The Site and Materials are protected by copyright as a collective work and/or compilation. We are granting you a limited, nonexclusive, revocable license to view, share, print or download Materials for your own personal use only, provided that you maintain all copyrights and other notices.
We reserve the right at any time, without notice and in our sole discretion, to modify, discontinue, or deny access to the Site, for any or no reason. If unauthorized or improper use is being made of the Site, we may take such action as we deem appropriate, without notice and in our sole discretion, including but not limited to blocking transmissions from a particular internet domain, mail server or internet protocol address.
You will indemnify, defend and hold harmless the Site, and its owner(s), business partners, staff and affiliates from any liability, loss, claim, demand and expense, including payment in advance of the Site’s attorneys' fees and expenses, related to any violation of this Agreement or use of the Site.
You will further indemnify and hold harmless the Site from and against any claim, suit or proceeding arising from or in connection with violations of copyright, intellectual property or other rights of third parties contained in Guest Submissions. You will indemnify and hold harmless the Site from and against any claims, damages and costs resulting directly or indirectly from the use, disposition, reproduction, publication or public communication of Guest Submissions.
Disclaimer of Warranties
Your use of the Site is at your sole risk and discretion. The Site is provided “as is” and “as available”. We make no representations or warranties of any kind, whether express or implied, with respect to the use of the Site, its content, or the information or products available on or through it, including Third Party Content.
All express or implied warranties of any kind are hereby disclaimed, including but not limited to: warranties of title, quality of information, merchantability, fitness for a particular purpose, and title/non-infringement. The site further disclaims all warranties regarding the availability, quality, accuracy, completeness and validity of the site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
You are solely responsible for any damage to your computer system or any data loss that may result from your use of the Site, including without limitation, damage resulting from computer viruses.
The Site does not warrant that the Site will be uninterrupted or error-free, or that defects will be corrected.
A small percentage of people may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen. Certain conditions may induce previously undetected epileptic symptoms even in guests who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Site. Immediately discontinue use of the Site and consult your physician if you experience any of the following symptoms while using the Site: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
Disclaimer of Damages and Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA, LOSS OF PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) ANY MATERIALS OR CONTENT APPEARING ON THE SITE; (ii) THE USE OF OR THE INABILITY TO USE THE SITE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED DOLLARS ($100) (WHICHEVER IS LESS).
Guests may not assign this Agreement. The Site may assign its rights and obligations pursuant to this Agreement at any time. Should any part or provision of this Agreement be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions. Except as provided herein, this Agreement constitutes the entire agreement between you and the Site pertaining to their subject matter. Certain provisions of this Agreement may be superseded or added to by legal notices or terms located elsewhere within the Site.
The laws of the State of New York, without regard to principles of conflict of laws, will govern any dispute that may arise regarding the Site.
Reservation of Rights
The Site reserves any and all rights not explicitly stated herein. The Site’s failure to exercise any right under this Agreement will not operate as a waiver thereof, and any exercise of any right shall not preclude the exercise of any right which may be available.