Terms and Conditions
Last updated: October 11, 2022
THESE WEBSITE TERMS AND CONDITIONS (“TERMS”) GOVERN YOUR ACCESS TO AND USE OF ELLIE CASHMAN DESIGN, LLC’S (“US” “WE” OR “OUR”) WEBSITE (“WEBSITE”). THE WEBSITE IS ONLY AVAILABLE FOR YOUR USE ON THE CONDITION THAT YOU AGREE TO THE TERMS SET FORTH HEREIN. BY ACCESSING OR USING OUR WEBSITE, YOU AND ANY ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") AGREE TO BE LEGALLY BOUND BY THE TERMS.
OUR WEBSITE IS PROVIDED AND AVAILABLE ONLY TO PERSONS OVER THE AGE OF LEGAL MAJORITY WHO CAN FORM LEGALLY BINDING AGREEMENTS UNDER APPLICABLE LAW. IF YOU DO NOT QUALIFY, YOU ARE NOT PERMITTED TO USE OUR WEBSITE.
Any and all intellectual property rights ("Intellectual Property") associated with the Website and its contents is Our sole property. The Intellectual Property is protected by laws in both the United States and other countries, including without limitation, copyright, trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. Except as otherwise expressly authorized by these Terms, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Our prior written permission. Except as expressly provided herein, We do not grant to You any express or implied rights to Our Intellectual Property.
These Terms govern Your use of the Website and all services available on the Website (“Services”), except to the extent such Services are the subject of a separate agreement. We may revise and update these Terms at any time and Your continued use of the Website or Services after any changes to these Terms means You accept those changes.
You represent and warrant to Us that (1) You have or have obtained all necessary consents for providing personal information, including the transfer of such data to Us, (2) You have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase made through the Website (“Purchase”); and (3) the information You supply to Us is true, correct and complete. By submitting any information to Us, You grant Us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. We reserve the right to refuse or cancel your Purchase at any time.
You agree that You will not (1) disguise the origin of information transmitted through the Website, (2) place false or misleading information on the Website, (3) use or access any Service, information, application or software available via the Website in a manner not expressly permitted by Us, (4) input or upload to the Website any information which contains viruses, malicious software, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any of the Services, Website or any information thereon.
Contests, Sweepstakes and Promotions
Content and Links
Our Website may allow You to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”), including in comments and product reviews. You are responsible for the Content that You post to the Website, including its legality, reliability, and appropriateness. You agree not to submit or upload any Content that is unlawful, defamatory, harassing, threatening, violent, vulgar, obscene, pornographic, or otherwise offensive, or that harms or can reasonably be expected to harm any person or entity. We expressly disclaim any and all liability for any Content that You submit, upload, or post.
We do not claim ownership of your Content; however, You grant Us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Website and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to You, with or without attribution, and without the requirement of permission from or payment to You or any other person or entity.
You represent and warrant that any Content you create, upload, submit or post conforms to these Terms and that You own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your Content in all manners. You agree not to use the Website to create any material that is unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, invasive of another’s privacy, or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
The Website may contain links to third-party websites and resources (“Linked Sites”). The Linked Sites are provided solely as a convenience to You and not as an endorsement by Us of the content on such Linked Sites. We make no representations or warranties regarding the correctness, accuracy, performance or quality of any information, content, software, service or application found at any Linked Site. We are not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Linked Site.
If You create an account with Us (“Account”), You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your Account. You are responsible for safeguarding Your Account and for any activities or actions associated with Your Account. You agree to notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account. You shall not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
If You are a copyright owner, or authorized on behalf of one, and You believe that a copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, You must submit your notice in writing to the attention of "Copyright Infringement" at email@example.com and include in your notice a detailed description of the alleged Infringement.
We do not accept ideas, concepts, suggestions or materials through the Website and You agree that (1) they will not be considered confidential or proprietary, (2) We are under no obligation to keep such information confidential, and (3) We will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit submissions in any manner We choose.
You agree that We, in our sole discretion, may terminate or suspend Your use of the Website, Services and Account at any time and for any or no reason in our sole discretion. Accessing the Website, Services, or Account after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that We shall not be liable to You or any third party for any termination or suspension of Your access to the Website, Services, or Account.
You may return or exchange Your Purchase within 14 days of the original date of purchase unless the product is a custom good or indicated as not returnable at the time of purchase. Sale items are returnable, unless otherwise indicated. Products are only eligible for return or exchange if they are (1) in their original packaging, and (2) not used or damaged.
To process your return or exchange, you must contact us by phone (401.335.0683) or email (firstname.lastname@example.org).
Shipping charges incurred in connection with the return or exchange of a product are non-refundable. You are responsible for paying the costs of shipping and for the risk of loss or damage to the product during shipping. Our Address is:
Ellie Cashman Design LLC
208 Lowden Street
Pawtucket, RI, 02860
If You received a damaged product, please notify us immediately for assistance.
If You have any questions about Our products, please contact us at 401.335.0683 or email@example.com.
WE MAKE NO REPRESENTATIONS ABOUT THE SERVICES, INFORMATION OR CONTENT ON OUR WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY, ERROR-FREE, VIRUS-FREE, OR TIMELINESS OF THE SERVICES, INFORMATION OR CONTENT PROVIDED ON OR THROUGH THE WEBSITE.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OR ANY OF OUR DIRECTORS, EMPLOYEES, ASSOCIATES, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICE, OR ACCOUNT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, YOUR REMEDIES AGAINST US ARE LIMITED TO THE AMOUNT OF ANY PURCHASE AND ARE EXCLUSIVE OF ANY OTHER REMEDIES.
THESE TERMS SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF RHODE ISLAND, WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, SERVICE OR ACCOUNT, SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN RHODE ISLAND AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING.
OUR FAILURE TO ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS WILL NOT BE CONSIDERED A WAIVER OF THOSE RIGHTS. IF ANY PROVISION OF THESE TERMS IS HELD TO BE INVALID OR UNENFORCEABLE BY ANY COURT, THE REMAINING PROVISIONS OF THESE TERMS WILL REMAIN IN EFFECT. THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN US REGARDING OUR WEBSITE, SERVICE AND ACCOUNT, AND SUPERSEDE AND REPLACE ANY PRIOR AGREEMENTS WE MIGHT HAVE BETWEEN US REGARDING THE SAME.
If You have any questions about these Terms, you may contact us at firstname.lastname@example.org.