PRH DESIGNS L.L.C. WEBSITE TERMS AND CONDITIONS OF — USE
Last Updated: May 11, 2010
PLEASE READ THESE TERMS AND CONDITIONS OF — USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT — USE THIS WEBSITE.
These terms and conditions of use (“Site Terms”) apply to your use of this website (the “Site”), and do not alter in any way the terms or conditions of any other agreement you may have with PRH Designs L.L.C., its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify PRH Designs L.L.C. for violations of these Site Terms.
Ownership of the Site and its Contents
This Site is owned by PRH Designs L.L.C.. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“PRH Designs L.L.C. Content”), is owned by PRH Designs L.L.C., its licensors..
All elements of the Site, including the PRH Designs L.L.C. Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
This Site and the PRH Designs L.L.C. Content are intended for customers of PRH Designs L.L.C.. You may not use this Site or the PRH Designs L.L.C. Content for any purpose not related to your business with PRH Designs L.L.C.. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the PRH Designs L.L.C. Content without, or in violation of, a written license or agreement with PRH Designs L.L.C.; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the PRH Designs L.L.C. Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any PRH Designs L.L.C. product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the PRH Designs L.L.C. Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, PRH Designs L.L.C. has adopted a policy of terminating, in appropriate circumstances and at PRH Designs L.L.C.’ sole discretion, account holders who infringe the intellectual property rights of PRH Designs L.L.C. or any third party.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
PRH Designs L.L.C. E-mail: email@example.com
We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user’s e-mail address, or by written communication sent by first-class mail to a user’s address.
PRH Designs L. L. C. Trademarks, the PRH Designs L.L.C. logo, and any other product or service name or slogan contained in the Site are trademarks of PRH Designs L.L.C. and may not be copied, imitated or used, in whole or in part, without the prior written permission of PRH Designs L.L.C. or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “PRH Designs L.L.C.” or any other name, trademark or product or service name of PRH Designs L.L.C. without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of PRH Designs L.L.C. and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may not use a PRH Designs L.L.C. logo or other proprietary graphic of PRH Designs L.L.C. to link to this Site without the express written permission of PRH Designs L.L.C.. Further, you may not frame any PRH Designs L.L.C. trademark, logo or other proprietary information, including the PRH Designs L.L.C. Content, without PRH Designs L.L.C.’ express written consent.
PRH Designs L.L.C. makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of PRH Designs L.L.C. and PRH Designs L.L.C. is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. PRH Designs L.L.C. provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by PRH Designs L.L.C. of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that PRH Designs L.L.C. shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify PRH Designs L.L.C. immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
THIS SITE AND THE PRH DESIGNS L.L.C. CONTENT ARE PROVIDED “AS IS” AND PRH DESIGNS L.L.C. AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. PRH DESIGNS L.L.C. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE — USE OF THIS SITE OR THE PRH DESIGNS L.L.C. CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT PRH DESIGNS L.L.C., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR — USE OF THIS SITE OR THE PRH DESIGNS L.L.C. CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE PRH DESIGNS L.L.C. CONTENT IS FREE FROM INFECTION BY VIR– USES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
PRH Designs L.L.C. uses reasonable efforts to ensure the accuracy, correctness and reliability of the PRH Designs L.L.C. Content, but we make no representations or warranties as to the PRH Designs L.L.C. Content’s accuracy, correctness or reliability.
PRH Designs L.L.C. offers a search feature within the Site. PRH Designs L.L.C. explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. PRH Designs L.L.C. also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL PRH DESIGNS L.L.C., ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF — USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE — USE OF THE SITE, THE SERVICES, THE PRH DESIGNS L.L.C. CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CA– USED BY OR RESULTING FROM RELIANCE BY — USER ON ANY INFORMATION OBTAINED FROM PRH DESIGNS L.L.C., OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIR– USES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PRH DESIGNS L.L.C.’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PRH DESIGNS L.L.C., WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE — USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PRH DESIGNS L.L.C. FOR ACCESS TO OR — USE OF THE SITE.
Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the PRH Designs L.L.C. Content shall be submitted to confidential arbitration in Canadian County, OK, except that, to the extent you have in any manner violated or threatened to violate PRH Designs L.L.C.’ intellectual property rights, PRH Designs L.L.C. may seek injunctive or other appropriate relief in any state or federal court in the State of Oklahoma, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Site Terms, PRH Designs L.L.C. reserves the right, without notice and in its sole discretion, and/or to block your use of the Site.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by PRH Designs L.L.C.. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
PRH Designs L.L.C. reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to PRH Designs L.L.C. at firstname.lastname@example.org.
© 2009-2010 PRH Designs L.L.C., Inc. All rights reserved. Terms and Conditions of Use.
Last updated: May 10 2010
By using this site, you understand and agree to the terms of this policy. This site is owned by PRH Designs, L.L.C. and may be accessed in the United States and abroad. For data protection purposes, PRH Designs, L.L.C. is the controller and, unless otherwise noted, is also the processor of data. Information collected may be retained, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction.
Collection of Your Personal Information When you visit this site, certain kinds of information, such as the website that referred you to us, your IP address, browser type and language, and access times, may be collected automatically as part of the site’s operation. We also may collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the site.
We may combine your visit and navigational information with personal information that you provide. You may always choose not to provide personal information, but if you so choose, certain products and services may not be available to you. Personal information (e.g., your name, your mailing address, email address, and phone number) is collected when you register. Additional personal information (e.g., your credit card number and billing address) is collected to process transactions or to provide you with products and services.
Demographic information (e.g., your age, hobbies, income, gender, or interests) may also be collected and may be linked to your personal information.
Use of Your Personal Information PRH Designs, L.L.C. collects and uses your personal information to operate and improve our sites, to process your transactions, to provide customer service, to perform research and analysis aimed at improving our products, services and technologies, and to display content that is customized to your interests and preferences.
We also use your personal information to communicate with you. We may send transaction-related communications such as welcome letters, billing reminders, and purchase confirmations. We may also send you surveys or marketing communications to inform you of new products or services or other information that may be of interest. If you do not wish to receive marketing communications, you may adjust your “Personal Information Preferences” as described below or follow the “unsubscribe” instructions included within each email communication. Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive transactional or account communications (e.g., confirmation emails and account balance statements).
Personal information collected by PRH Designs, L.L.C. may be stored and processed in the United States or any other country in which PRH Designs, L.L.C. or its affiliates, subsidiaries, contractors or agents maintain facilities, and by using our sites or services, you consent to any such transfer of information outside of your country. PRH Designs, L.L.C. abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union. If you would like to exercise any of your data protection rights (including the right to have your personal information deleted), please contact us using the “Contact Information” below.
We may share your personal information within our corporate group, including with our subsidiaries and divisions, all of whom may use your information for the purposes disclosed herein.
We may share your personal information with service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host websites, to fulfill orders and shipments, to assist in direct marketing, to conduct audits, etc. Those companies will be permitted to obtain only the personal information they need to provide the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.
We reserve the right to disclose your personal information if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.
Cookies offer you many conveniences. They allow us to identify users when they return to the site. Cookies also save you time by eliminating the need to repeatedly enter the same information.
You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our sites and services that depend on cookies.
Security of Your Personal Information The security of your personal information is important to us. We follow generally accepted industry standards to help protect your personal information. For instance, when you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer (SSL) technology. No method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.
Forums & Other Interactive Services Our websites may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the sites (“Interactive Areas”). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by others. We are not responsible for personal information you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including to send you unsolicited messages. Interactive Area postings may be retained indefinitely. If at any time you would like to remove a posting, please email us at email@example.com. Keep in mind that removal of a posting from an Interactive Area does not mean that the posting will be deleted from our systems.
Children We do not intend to solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use or enter information on this site, including without limitation, any Interactive Areas of the site.
Links We may link to websites, including those of our third-party content providers, that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.
Contact Information You can contact PRH Designs, L.L.C. Sales by emailing firstname.lastname@example.org