Terms of Use

 

JULIE DORST TERMS OF USE
February 5, 2013

This website (including related domains and mobile sites, the “Site”) and the services, products, and content provided here are owned and operated by Julie Dorst LLC (“we” or “us”). By using or accessing this Site, you agree to be bound by the terms and conditions of use (“Terms”) set forth below, and to comply with all applicable laws and regulations. Please review these Terms carefully, and do not use this Site if you do not agree to them.

Limited License for Use of Site Content

The content on this Site, including but not limited to its text, images, audio, video, and software, is protected by copyright and/or trademark laws. We grant you a limited personal, revocable, non-exclusive, non-transferable license to download, view, copy, and print the Site’s contents solely for personal, informational, non-commercial purposes. In consideration of this license, you agree to be bound by these Terms. Except for products sold to you, the content on this Site is licensed, not sold or transferred, even if for convenience we use the terms “sale,” “purchase,” or similar terms.

The license granted to you is subject to the following restrictions. You may not:

  • in any way modify, alter, or create derivative works from the content on this Site;
  • distribute to third parties or publicly display the Site contents or use any portion thereof for your commercial purposes;
  • remove, modify, or obscure any copyright, trademark, or other proprietary notice;
  • attempt to (i) gain access to any portion of this Site for which you do not have authorized access, (ii) interfere with or interrupt the operation of this Site, or (iii) harm any user of this Site, through hacking, data mining, the use of viruses or other malware, or any other means; or
  • otherwise use or access this Site, its contents, or any connected network, system, or database, in any way not authorized by these Terms or in violation of any law.

Areas of the Site may have different terms of use posted. If there is a conflict between these Terms and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

Products and Services

While we make every effort to accurately describe our products and services, we make no representation as to the completeness, accuracy, or currency of any information on the Site, and we will not be liable for any errors, inaccuracies, or omissions. Descriptions of our products, including color, size, appearance, and other attributes, are approximate, and we cannot guaranty that products will adequately match what appears on your screen. Our products and services, or their prices and details, are subject to change or discontinuance without notice. In addition, we reserve the right to limit or cancel quantities, or to refuse any order, in our sole discretion.

User and Third Party Content

The Site may include access to content created, owned, or controlled by third parties. The site may also link to third parties’ websites. While we may make these available to you, they are not under our control and we are not responsible for their content nor do we guaranty their accuracy or availability to you. You understand that you bear all risk associated with such third-party content or websites, and that you may be required to agree to such third parties’ terms and conditions in order to use or access their content or websites. Accordingly, we encourage you to review the terms of use and privacy policies, if any, associated with third-party content or websites.

The Site may include interactive portions in which you and other users may submit posts, comments, messages, images, audio or visual content, reviews, links, favorites, or the like to be made publically available on our site or to other users (as the case may be). You remain responsible and liable for any content you submit to our site. Do not submit any content that is offensive, threatening, harmful, infringing of another’s proprietary rights, unlawful, or otherwise objectionable. We are not responsible for content posted by anyone other than us, including content that violate these Terms, and you browse such portions of our site at your own risk. Nevertheless, we will try to monitor and moderate user submissions, and we reserve the right to remove any content that, in our discretion, does not meet our standards or violates any of our Terms or policies, or to block access or terminate any account of any user who submits such content or who otherwise violates these Terms. Please report any such content to us, including but not limited to content that you believe may infringe your or another’s copyright, at the contact information listed below.

For any content you submit to or using any portion of our Site, or communicate to us in any way (except confidential payment information necessary to place orders), you agree to grant us (or warrant that the owner of such rights has granted us) a unrestricted nonexclusive, perpetual, royalty-free, irrevocable, transferable, worldwide right and license to use, reproduce, modify, adapt, translate, display, publish, transmit, and distribute such content in any form, medium, or technology now known or later developed, without further compensation, consideration, attribution, or notice. You also warrant (or warrant on behalf of the owner of such rights) that all confidentiality and moral rights in the content have been waived. You agree to defend us and hold us harmless from any liability, loss, expense, or claim by a third party, including reasonable attorney fees, arising out of your breach of these Terms, your use of the Site or its products and services, content you submit, or any violation of the rights of another.

Privacy

Our privacy policy, which is posted on our Site, is expressly incorporated into these Terms by reference. It is available, by clicking here.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT INCLUDING, WITHOUT LIMITATION, INFORMATION, PRODUCTS, SERVICES, AND SOFTWARE, PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN EXCLUSIONS OF IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL WE OR OUR SUPPLIERS, AFFILIATES, AGENTS, OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER IN AN ACTION IN CONTRACT OR IN TORT, ARISING FROM YOUR ACCESS TO OR USE OF THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY IN ADVANCE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Changes to these Terms or the Site

We may revise these Terms or our privacy policy at any time without notice or obligation to you. The Site, its contents or features, or any of our products and services, or their prices and details, are subject to change or discontinuance without notice.

Applicable Laws

All matters relating to your access to, and use of, the Site and these Terms shall be governed by United States law and the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted exclusively in a state or federal court in Santa Clara County, California and no other venue. You and we agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. In addition to any rights we have expressly reserved in these Terms, we also expressly reserve the right to seek all remedies available to us at law and in equity, including injunctive relief.

Copyright/Trademark Information

Copyright © 2013 Julie Dorst LLC. All rights reserved.

The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of Julie Dorst LLC or other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party which may own the Mark.

Contact Information

If you have any questions regarding these Terms of Use, please contact us at: Julie Dorst LLC, 14435C Big Basin Way, Saratoga, California 95070 or inquiries@juliedorst.com.