TERMS OF SERVICE AGREEMENT
Effective Date: September 18, 2018
Please Note: We may change these terms from time to time. You will always be able to view the most current version by clicking on a link at the bottom of any page on our site.
This web page represents a legal document and is the Terms and Conditions (“Terms”) for our website www.hollyedesign.co and www.hollyedesign.com (“Website”). By using our Website you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
The terms “we”, “us”, “HED”, and “our” refer to Holly E. Design, LLC a Colorado Limited Liability Company. The term “Site” refers to www.hollyedesign.co. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
All text, information, graphics, design, photos, images, materials, documents, data and intellectual property accessible on or offered through our Website or Services, are collectively known as our “Content” is our property and is protected by the United States intellectual property laws. On the Site we provide information related to web and graphic design services (the “Service”).
Use of the Site including all materials presented herein and all online services provided by us, whether made available for purchase or not is subject to the following Terms. These Terms apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms, without modification, and acknowledge reading them.
2. AUTHORIZED USE
3. NO UNLAWFUL OR PROHIBITED USE.
The materials appearing on HED’s web site could include technical, typographical, or photographic errors. HED does not warrant that any of the materials on its web site are accurate, complete, or current. HED may make changes to the materials contained on its web site at any time without notice. HED does not, however, make any commitment to update the materials.
This Site and/or Service contain intellectual property owned by Holly E. Design, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Holly E. Design name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Holly E. Design.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are found to be violating this intellectual property policy.
You are permitted to hypertext link to the content of our website provided that you give full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the website page from which the content was obtained.
Our content, as found within our Website and Services, is protected under United States intellectual property rights laws. Copying, redistribution, use or publication for commercial use by you of any such Content is a violation of our intellectual property rights. Your use of HED’s Website and Services does not grant you any ownership right to our Content.
Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made before you use Content by sending an email to firstname.lastname@example.org
6. ADVERTISEMENTS AND LINKS
The Site contains links to third party web sites (e.g., co-branding, links, links to services, reference links in Content). These third-party Web sites are not under our control and we are not responsible for any linked third-party Web sites or for the content, products and/or services they provide. YOUR USE OF LINKED THIRD-PARTY WEB SITES IS AT YOUR RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SITES. UNLESS EXPRESSLY STATED BY US, WE DO NOT RECOMMEND OR ENDORSE THE CONTENT, PARTICULAR PRODUCTS, SERVICES OR WEB SITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH CONTENT, PRODUCT, SERVICE, OR WEB SITE MAY BE ACCURATE, NECESSARY OR APPROPRIATE FOR YOU OR FOR YOUR USE IN RENDERING CARE TO PATIENTS.
However, if you experience a problem with a third-party site, please let us know by contacting HED and we will investigate the link and take appropriate action.
7. INTERACTIVE AREAS
You may be permitted to access and use blogs, comments sections, and email forms, and other forms electronic communications through the Site (“Interactive Areas”). If you participate in or use any Interactive Area, you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the content you may post on or using these Interactive Areas. We make no representation that your use of the Interactive Areas will comply with applicable laws or that they were designed to comply with the applicable laws. You also expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the Site. You further expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called “spam” or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Site, or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Site, computer systems or networks connected to the Site, through password mining or any other means; or (g) interfere with another user’s use and enjoyment of the Site.
We do not and are not responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. If notified by one of our users of any material that is alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. We reserve the right to edit or delete any material posted on our Site, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.
We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. We also do not endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS AND YOUR USE OF THOSE AREAS IS AT YOUR OWN RISK.
8. USER CONTENT
You grant us a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“User Content”) to our Website, you are granting us and any affiliates, a license to use the User Content in connection with the operation of our business, including without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat your User Content. You understand and agree that you will not be compensated for any User Content. By posting User Content on our Website or Service, you warrant and represent that you own the rights to the User Content or are authorized to post, display, distribute, perform, or transmit User Content.
9. WARRANTY DISCLAIMER
This site is intended for business and informational purposes only.
HED does not promise that this site will be error-free, uninterrupted, nor that this site will provide specific results from your use of any content, search or link on it. We do not warrant or represent that files you download from this site will be free of viruses or other harmful features.
THIS SITE AND ALL CONTENT CONTAINED WITHIN IT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOLLY E. DESIGN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. HOLLY E. DESIGN MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES OR CONTENT CONTAINED ON THIS SITE.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL HOLLY E. DESIGN, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THIS SITE. IN NO EVENT SHALL HOLLY E. DESIGN'S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF HOLLY E. DESIGN'S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS, IF ANY, PAID BY YOU TO HOLLY E. DESIGN FOR ACCESSING THIS SITE.
You agree to indemnify and hold HED and its partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney’s fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
12. OUR RELATIONSHIP TO YOU
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and HED.
13. DISPUTE RESOLUTION
Any legal controversy or claim arising from or relating to these Terms and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, and our Service will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Before any arbitration can be brought the parties must first attempt to negotiate a settlement in good faith and enter into non-binding mediation.
The arbitration will be conducted in Jefferson County, Colorado, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Denver, Colorado necessary to protect the rights or property of you and us pending the completion of arbitration.
This Agreement shall be governed in all respects by the laws of the State of Colorado without giving effect to its conflict of laws provisions. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of Colorado, County of Jefferson, and further agree that any cause of action arising under this Agreement shall be brought in such venue.Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. HED’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between you and Holly E. Design with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.