| Terms Of Use |
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Thank you for visiting HEATHER ELIZABETH DESIGNS. The HEATHER ELIZABETH DESIGNS website
has been made available to you subject to your compliance with the terms
and conditions set forth below (the "Terms of Use"). Please read this document
carefully before accessing or using the HEATHER ELIZABETH DESIGNS website. By
accessing or using this website, you are agreeing to be bound by the Terms
of Use. If you do not wish to be bound by the Terms of Use, you may not
access or use the website. HEATHER ELIZABETH DESIGNS reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Terms of Use and additional terms or notices posted on the HEATHER ELIZABETH DESIGNS website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement. HEATHER ELIZABETH DESIGNS is committed to protecting your privacy. This Privacy Policy is intended to describe how your personal information is processed and used. Please note that by visiting and using hedesigns.com, you are accepting the practices described in this Privacy Policy. We may request your e-mail address or mailing address for the purposes of adding you to our mailing list, or by your request to have someone contact you for additional information. Whenever we request the identity of a visitor, we will clearly indicate the purpose of the inquiry before the information is requested. We adhere to a strict "No Spam" policy that means we do not intend to sell, rent, or otherwise give your e-mail address to a third-party, without your consent. In addition, HEATHER ELIZABETH DESIGNS will not send you e-mail that you have not agreed to receive. If you are a member of our Mailing List, you will be contacted with announcements, news, web site additions, and new products or services. You have the option of "Unsubscribing" from our Mailing List at any time, thereby disabling any further such e-mail communication from being sent to you. HEATHER ELIZABETH DESIGNS uses reasonable precautions to keep the information disclosed to us secure. HEATHER ELIZABETH DESIGNS also provides links to other websites. We are not responsible for their Privacy Policies or how those web sites manage information about their users. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information. We strongly urge you to check with those web sites to determine their privacy policy. Any changes to this Privacy Policy will be posted on this page so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it. When you visit HEATHER ELIZABETH DESIGNS or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. The entire contents of this website, including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, and digital downloads, are the property of HEATHER ELIZABETH DESIGNS and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of HEATHER ELIZABETH DESIGNS. You may print or download portions of the materials from various areas of this website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another parties rights, please contact us immediately at jewelry@hedesigns.com to notify us of this infringement. HEATHER ELIZABETH DESIGNS grants you limited license to access and make personal use of this website and not to download or modify it, or any portion of it, except with the express written consent of HEATHER ELIZABETH DESIGNS. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of HEATHER ELIZABETH DESIGNS. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of HEATHER ELIZABETH DESIGNS without the express written consent of HEATHER ELIZABETH DESIGNS. You may not use META tags or any other "hidden text" which utilize HEATHER ELIZABETH DESIGNS or any other derivative of our domain or company name without the express written consent of HEATHER ELIZABETH DESIGNS. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of HEATHER ELIZABETH DESIGNS so long as the link does not portray any false, misleading, derogatory, or otherwise offensive matter. It is further understood and agreed that HEATHER ELIZABETH DESIGNS cannot and does not guarantee or warrant that files made available for downloading through the HEATHER ELIZABETH DESIGNS website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through HEATHER ELIZABETH DESIGNS are free from such contaminations. THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY HEATHER ELIZABETH DESIGNS ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEATHER ELIZABETH DESIGNS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HEATHER ELIZABETH DESIGNS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEATHER ELIZABETH DESIGNS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM HEATHER ELIZABETH DESIGNS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEATHER ELIZABETH DESIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. HEATHER ELIZABETH DESIGNS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. HEATHER ELIZABETH DESIGNS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, HEATHER ELIZABETH DESIGNS SHALL HAVE THE RIGHT TO REFUSE PROVIDING THE PRODUCT LISTED INCORRECTLY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Linked websites are not under the control of HEATHER ELIZABETH DESIGNS and HEATHER ELIZABETH DESIGNS is not responsible for the contents of any linked site or any link contained in a linked site. HEATHER ELIZABETH DESIGNS provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by HEATHER ELIZABETH DESIGNS of the site. By visiting the HEATHER ELIZABETH DESIGNS website, you agree that the laws of the state of Louisiana, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and HEATHER ELIZABETH DESIGNS. Any dispute relating in any way to your visit or access of the HEATHER ELIZABETH DESIGNS website or to the products or services you purchase through the HEATHER ELIZABETH DESIGNS website shall be submitted to binding arbitration in Orleans Parish, Louisiana, except that, to the extent you have in any manner violated or threatened to violate HEATHER ELIZABETH DESIGNS' intellectual property rights, HEATHER ELIZABETH DESIGNS may seek injunctive or other appropriate relief in any state or federal court in the state of Louisiana, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise. You agree to indemnify, defend and hold harmless HEATHER ELIZABETH DESIGNS, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the HEATHER ELIZABETH DESIGNS website. Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. HEATHER ELIZABETH DESIGNS failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. HEATHER ELIZABETH DESIGNS may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved. Please send notices via e-mail to: HEATHER ELIZABETH DESIGNS jewelry@hedesigns.com |
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