1. Product Descriptions. All features, content, specifications, products and prices of products described or depicted on the Site (the “Products”) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make reasonable efforts to accurately display the attributes of the Products; however, we do not warrant that Product descriptions or prices are accurate. For example, Products may be unavailable, quantities of Products may be limited, Products may have different attributes than those listed on the Site or may be sold at different prices than those listed on the Site. Also, please keep in mind that the actual color of a Product that you see will depend on your computer system, and we cannot guarantee that your computer will accurately display Product colors. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We reserve the right, without prior notice, to limit the order quantity on any Product and/or to refuse acceptance of any order. We also may require verification of information prior to the acceptance and/or shipment of any order
3. Shipping Limitations. When an order is placed, it will be shipped to the address designated by you at check-out, as long as that shipping address is compliant with any shipping restrictions contained on the Site. The risk of loss and title for Products purchased by you passes to you upon our delivery of the items to the carrier. We are not responsible for damaged and/or lost shipments once we deliver Products to the carrier.
5. Intellectual Property Rights. We or our licensors exclusively own all right, title and interest in and to the design of the Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Site (collectively, the “Content”). All of the foregoing are protected by copyright, trademark and other laws, and may not be used except with the prior written permission of the owner of such material. We reserve all right, title and interest in and to the Content and you must not modify any Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any Content for any public or commercial purpose. You must not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit any Content. Any unauthorized use of Content may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation, we or our licensors reserve the right to seek all remedies available at law and/or in equity.
The following trademarks (the “ELOQUII Marks”) are our sole and exclusive property: Other company or Product names and logos used and displayed on the Site are trademarks of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the ELOQUII Marks or other trademarks displayed on the Site, without our written permission or the written permission of the owner of the trademark, as the case may be.
If you make any User Submission, you hereby affirm, represent, and warrant and covenant that: (i) the content of your User Submission(s) is original; (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to us as set forth above; (iii) use of your User Submission(s) by us in accordance with the license granted above will not infringe upon or misappropriate the rights of any third party including, without limitation, any intellectual property or privacy rights; and (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow us to utilize the User Submission(s) without compensation.
We do not permit copyright infringing activities on the Site, and we may remove any User Submission or other Content in our sole discretion.
7. Notice of Copyright Infringement. If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may notify us by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Identification of the location where the original or an authorized copy of the copyrighted work exists;
- Identification of the User Submission or other Content that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the same
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Counter-Notice: If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Submission, you may send a written counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Columbus, Ohio and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Sites and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Our agent for notice of claims of copyright infringement (“Copyright Agent”) can be reached as follows:
ELOQUII Design, Inc.
Two Miranova Place Suite 280
Columbus, OH 43215
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
8. Prohibited Uses of the Site. YYou shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) include any information that references other websites, addresses, email addresses, contact information or phone numbers; (f) impersonate any person, business or entity, including our company and our employees and agents; (g) encourage conduct that would constitute a criminal offense; (h) give rise to civil liability; (i) otherwise violate any law (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising); or (j) in doing so, amounts to any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying, or is otherwise detrimental to, the Site or any Product. You shall not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site.
9. Linking to the Site. Creating or maintaining any link from another website to any page on the Site without our prior written permission is prohibited. Running or displaying the Site or any Content in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable laws, rule and regulations.
10. Third Party Sites. Periodically, links may be established from the Site to external websites operated by third parties (each, a "Third Party Site"). These links are provided for your convenience only and do not imply that we endorse any Third Party Site or any content therein. We do not control and we are not responsible or liable for any Third Party Site or any content, advertising, products, or other materials on or available from any Third Party Site. Access to a Third Party Site is at your own risk, and we will have no liability for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any content, goods, or services available on or through any Third Party Site.
11. Your Account. You may choose to create an account at the Site (an “Account”). In order to do so, you will have to create a username and password. To protect your Account, you should choose a username and password different than names, birthdays, or street addresses associated with you. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer. You are responsible for all activities that occur under your Account or with your username and password. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made via Eloquii.
14. Disclaimers. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TOGETHER WITH OUR AFFILIATES, SUBSIDIARIES AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “ELOQUII PARTIES”) DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NONE OF THE ELOQUII PARTIES WILL BE LIABLE FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE FROM WHATEVER CAUSE. NONE OF THE ELOQUII PARTIES WARRANTS THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, THE SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NONE OF THE ELOGUII PARTIES WILL BE RESPONSIBLE FOR THOSE COSTS. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
ALL USER SUBMISSIONS ARE PROVIDED BY USERS AND NOT BY US. WE HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE USER SUBMISSIONS. AS SUCH, NONE OF THE ELOQUII PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND NONE OF THE ELOQUII PARTIES WILL HAVE ANY LIABILITY IN CONNECTION WITH, ANY USER SUBMISSIONS.
15. Limitations of Liability. IN NO EVENT WILL ANY OF THE ELOQUII PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, ANY USER SUBMISSION OR ANY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY ARISING FROM ANY ELOQUII PARTY’S NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. ANY LIMITATION OF ELOQUII’S LIABILITY WITH RESPECT TO LIABILITY ARISING FROM ANY ELOQUII PARTY’S NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT IS NOT ENFORCEABLE WITH RESPECT TO VISITORS OF THE SITE FROM NEW JERSEY.
SOME JURISDICTIONS DO NOT ALLOW (1) THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES, (2) THE LIMITATION OR EXCLUSION OF LIABILITY FOR NEGLIGENCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (3) CERTAIN CONTRACTUAL INDEMNIFICATION OBLIGATIONS IMPOSED ON WEBSITE USERS. ACCORDINGLY, SUCH DISCLAIMERS, EXCLUSIONS, LIMITATIONS OR CONTRACTUAL INDEMNIFICATION PROVISIONS MAY NOT BE ENFORCEABLE ON VISITORS FROM ANY SUCH JURISDICTION
In the event of any problem with the Site, any Content or User Submission, you agree that your sole and exclusive remedy is to cease using this Site. In the event of any problem with any Product, you agree that your sole and exclusive remedy, if any, is from the manufacturer of such Product, in accordance with such manufacturer's warranty, if any, or to seek a return and refund for the Product in accordance with our Return Policy.
17. Disputes & Arbitration; Applicable Law. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Sites constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and ELOQUII will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.
18. Termination. You or we may suspend or terminate your Account, your use of the Site, and/or your ability to make User Submissions at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.
19. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
Last Updated: April 12, 2019