Website Terms Of Use
Introduction
Welcome to catherinehendry.com, a website owned and operated by Catherine Hendry Designs, located in Ontario, Canada. These terms and conditions ("Terms") govern your use of our website and services. By accessing or using this Website, you agree to the Terms of Use. If you do not agree with these Terms, do not use our website.
It is your responsibility to review these Terms of Use periodically. We may revise these Terms of Use at any time without notice to you. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the terms periodically for updates. These terms of use are effective as of February 2024.
Definitions The terms “us”, “we”, and “our” refer to Catherine Hendry Designs, the owner of this Website.
The term “Product(s)” refers to any products or services we sell or give away. The term “User” is a collective identifier that refers to either a Visitor or a Member.
Content Standards All users must comply with the following content standards:
User contributions must not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
User contributions must not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
User contributions must not infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
User contributions must not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to civil or criminal liability under applicable laws or regulations.
User Contributions Our website may allow users to post, submit, publish, display, or transmit content or materials ("User Contributions"). By submitting User Contributions, you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials.
Intellectual Property Rights All content and materials (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) on our website are owned by Catherine Hendry Designs or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may use our website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our website without our prior written consent.
You do not have the right to delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or materials available through the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Warranty Disclaimer and Limitation of Liability
Content and Conduct: We are not responsible for any content posted on our website or in connection with our products, nor for the conduct of users, online or offline.
Website and Product Availability: Our website or products may be temporarily unavailable due to maintenance or other reasons. We are not liable for any technical issues or damages arising from the use or downloading of materials.
Loss or Damage: We are not liable for any loss or damage, including personal injury or death, resulting from the use of our website or products, or interactions between users.
No Guarantees: We do not guarantee specific results from the use of our website or products. We do not represent or warrant the accuracy, completeness, reliability, or safety of our content, products, or any associated software.
Use at Your Own Risk: You understand and agree that you use our website and products at your own risk. We are not liable for any damages, including indirect, special, incidental, or consequential damages, arising from your use.
Basis of Agreement: The limitations of liability set forth above are fundamental elements of the agreement between you and Catherine Hendry Designs. Our website and products would not be provided without these limitations.
Arbitration The parties agree that any dispute, controversy, or claim arising out of or in connection with this agreement, or the breach, termination, or invalidity thereof, shall be resolved exclusively through adjudication in Ontario, Canada. The arbitration proceedings shall be conducted in English.
The arbitration award shall be final and binding on the parties, and the parties agree to the enforcement of the award in any competent jurisdiction, under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The parties expressly waive their right to resolve disputes through national courts, except to enforce this arbitration agreement or the arbitration award. This arbitration provision may only be amended by mutual written consent of the parties.
Links from the Website Our website may contain links to third-party websites. We have no control over the contents of those websites and accept no responsibility for them. Your use of third-party websites is at your own risk and subject to their terms and conditions.
Prohibited Uses You agree not to use our website:
In any way that violates any applicable law or regulation.
To transmit any unauthorized or unsolicited advertising or promotional material.
To impersonate any person or entity.
To interfere with the proper functioning of our website.
Monitoring and Enforcement We reserve the right to monitor and enforce compliance with these Terms. We may remove or refuse to post any User Contributions that violate these Terms, and we may take appropriate legal action against violators.
You waive and hold harmless the company from any claims resulting from any action taken by the company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the company or law enforcement authorities.
Reliance on Information Posted The information provided on our website is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information.
Copyright Infringement Reporting We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this website, please notify us immediately by providing the following information:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Your contact information, including your address, telephone number, and an email address.
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
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 copyright owner.
Please send your copyright infringement claims to hello@catherinehendry.com. We will respond promptly to notices of alleged copyright infringement and will take appropriate action under applicable copyright laws.
Changes to the Website We reserve the right to modify or discontinue our website at any time without notice. We will not be liable for any modification, suspension, or discontinuation of our website.
Accessing the Website and Account Security You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account.
Geographic Restrictions Our website is intended for use by individuals located in Ontario, Canada. We make no representations that our website is appropriate or available for use in other locations.
Order Acceptance All orders placed through our website are subject to acceptance by us. We reserve the right to refuse or cancel any order at our sole discretion.
Prices and Payment Terms All prices listed on our website are subject to change without notice. Payment must be received before we accept your order. The price charged for a product will be the price in effect at the time the order is placed and will be sent out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are at our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment for the purchase, (iii) charges incurred by you will be honored by your payment institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Not For Resale You represent and warrant that you are buying products or services from the Website for your own use only, and not for resale.
Final Sale; Returns; Exchanges All sales of [digital products, physical products, etc.] are final. We do not accept returns or exchanges except as required by law.
Indemnification You agree to indemnify and hold harmless Catherine Hendry Designs, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the website or any violation of these Terms of Use.
These Terms of Use were last updated on February 2024. We reserve the right to modify or update these Terms at any time without notice. By continuing to use our website, you agree to be bound by the most current version of these Terms.