If you don’t agree to these Terms, you are not allowed to access our website. We may change these Terms from time to time. If you continue to use the website, then you are agreeing to the revised Terms.
Copyright © 2016, Caroline Z Hurley LLC. All rights reserved.
This website, and each of its components, is the copyrighted property of Caroline Z Hurley LLC (“Caroline Z Hurley”), and its various third-party providers and distributors. Portions of the content found on this website may be owned by third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Caroline Z Hurley and its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on this website (collectively, the “Trademarks”) are registered and common law trademarks of Caroline Z Hurley, its affiliates, and various third parties. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Caroline Z Hurley or such other party that may own the Trademark.
2. USE OF THE SITEYou may only use this website to browse the content, make inquiries to Caroline Z Hurley, order Caroline Z Hurley products and not for any other purposes. Please remember that all of the content on our website (the “Content”), including text, photographs, logos, graphics, audio and video clips, and software code, is owned or licensed by Caroline Z Hurley unless otherwise noted. This includes Content on both our main site, and on our Caroline Z Hurley blog, which is also governed by these Terms. This site and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Caroline Z Hurley, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only, provided that you don’t modify or delete any copyright, trademark or other legal notice that appears within the content. We reserve the right to block anyone’s access to our website at any time.
When you use our website, you agree that you will never:
- Use Content for unauthorized purposes
- Frame our Content or make our content display next to someone else’s name, logo, trademark, or trade dress
- Scrape our content; try to interrupt, delay, or intercept data transmissions from our website, so that others’ ability to access our website is diminished; and use any name or trademark of Caroline Z Hurley in any metatag, hidden text, or other similar technique without our consent.
3. EXCLUSION OF WARRANTY
Caroline Z Hurley makes no warranty of any kind regarding this website or any other materials provided on this website, all of which are provided on an ‘as is’ basis. Caroline Z Hurley does not warrant that this website will be free of defects, virus or other harmful items. Caroline Z Hurley would not be liable for any damages or loss that may result from hacking or other infiltration of this website or the Caroline Z Hurley computer system. Caroline Z Hurley, it’s employees, officers, directors, affiliates, or agent (“the Caroline Z Hurley parties”) expressly disclaims all warranties and conditions, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and those arising by statue of otherwise in law or from a course of dealing or usage of trade.
Although we aim to provide on this website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this website or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Caroline Z Hurley may make additions, deletions, or modifications to the Information at any time without any prior notification.
The Caroline Z Hurley parties shall not be responsible or liable whatsoever in any manner for any content posted on the website (including claims of infringement relating to content posted on the website, for your use of the website, or for the conduct of third parties whether on the website of otherwise relating to the website.
You agree to indemnify and hold harmless the Caroline Z Hurley Parties (defined above) from and against any and all loss, costs, expenses, and damages, including without limitation attorneys fees, resulting, whether directly or indirectly, from (a) your violation of these Terms; (b) your use of the Website; or (c) any materials that you submit to our website or otherwise make available to Caroline Z Hurley.
“Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to Caroline Z Hurley regarding the products, designs, or services of Caroline Z Hurley. You may have the ability to submit comments, stories, photographs, or other information to our website, or via email or other means, with the intent that it be posted on our website. When you submit anything to us, you give us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, make available, create derivative works from, distribute and display whatever you submit, in any media or format. The material that you submit becomes part of our Content. That doesn’t reduce your rights in the material that you submit, but it lets us protect the things you submit, as the terms above discuss. You retain all copyright ownership in anything that you submit—you are only giving us a license to it
Whenever you submit any materials you represent and warrant that:
- You have the right to sent the materials to us and to grant us the rights listed above
- Any comments or information that you submit is accurate and truthful
- You will never submit anything that violates the intellectual property, confidentiality, privacy or other rights of anyone else
- You will never submit any personal information about anyone who is under 13 years old (if a child appears in photographs that you submit, be sure never to submit their name)
- You will never submit “spam” that is intended merely to advertise or promote other products or services
- You will never submit material that contains software viruses or other instructions designed to interrupt, destroy or limit the functionality of any computer software or hardware
- You will never submit material that is (in our sole judgment) offensive, obscene, abusive, defamatory, hateful or otherwise discriminatory, false or misleading, or that incites persons to take illegal action or that is intended to intimidate or harass another person
- You will never attempt to use another person’s account or personal information or otherwise attempt to gain unauthorized access to any part of our website
- If you submit a photograph and provide a credit line, we will include that credit line. But simply adding a credit line does not mean you have permission to let us post the photograph. Make certain that you have permission from the copyright owner before you submit anything to us.
- Some features of our website may require registration. By registering, you agree that all information you provide about yourself is true, accurate, current and complete.
Some features of our website may require a password. You are responsible for protecting your password. You agree that you will be responsible for all statements or activity associated with your account and password. If you ever believe there has been an unauthorized use of your password, you must notify us immediately.
We have the right, but not the obligation, to review anything that you submit. We may not post or use materials that you submit, in which case the license that you grant to us above does not apply. We can terminate your right to access our website at any time, for any reason or no reason, and we can delete any or all of the materials that you have submitted to us, without prior notice to you.
6. PRODUCT AND SERVICE AVAILABILITY
Reference to any product or service on the website does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available. Caroline Z Hurley manages all or portions of the website from New York, in the United States of America. We in no way imply that the materials on the website are appropriate or available for use outside of the United States and we may not be able to fill your order if you require shipping outside of the United States.
Caroline Z Hurley attempts to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor; we cannot guarantee that your monitor’s display of any color will be accurate.
8. BACKORDERS (OUT OF STOCK)
Backordered merchandise includes items that are not currently in stock. In most cases, we will make more of these items.
9. PRICES AND AVAILABILITY
Prices and availability of the products and services listed on this website are subject to change without notice. The listing, description of, or reference to, a product or service on this website does not imply that the product or service is presently available. If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price.
10. ORDER ACCEPTANCE
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. We may require additional verifications or information before accepting any order. We do NOT charge your credit card until after your order has entered the shipping process. The contract for sale of goods between Caroline Z Hurley and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
12. TRADEMARKS AND COPYRIGHT
Trademarks, logos and service marks displayed on this Website are registered and unregistered trademarks of Caroline Z Hurley LLC, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this website or in these Terms shall be construed as granting any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission. This website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected, including as a compilation, under the copyright laws of the United States and other countries. Without limiting the foregoing, the following are trademarks of Caroline Z Hurley LLC: Caroline Z Hurley LLC, Caroline Z Hurley.
13. MISCELLANEOUS TERMS
If any provision of these Terms is held to be invalid or unenforceable by virtue of any law or regulation or by the final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions, which shall be modified to give effect to the original intent of the parties. These Terms shall be governed by and construed according to the United Stated Copyright Act and the laws of the State of New York, exclusive of its choice of law provisions. The parties agree that any disputes or proceedings between them concerning the Website or these Terms shall be brought in a federal or state court of competent jurisdiction sitting in New York, New York, and the parties hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver or ongoing waiver of any provision or right. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Caroline Z Hurley LLC as a result of these Terms or your use of our website. These Terms constitute the entire agreement between you and us relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms) between you and us. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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Last Revised January 2017