Website Terms & Conditions / Exclusion of Liability
TERMS OF USE
PLEASE READ THE BELOW TERMS OF USE CAREFULLY. BY USING THIS SITE, YOU ARE DEEMED TO HAVE AGREED TO THE BELOW TERMS OF USE, EVEN IF YOU HAVE NOT READ THEM. PLEASE BE AWARE THAT ELAINE HEIGL DESIGNS, LLC (“EHD”) MAY UPDATE OR REVISE THE BELOW TERMS OF USE FROM TIME TO TIME AND YOU WILL BE DEEMED TO HAVE AGREED TO THE TERMS OF USE THAT ARE POSTED AT THE TIME YOU ARE USING THIS SITE EVEN IF YOU HAVE NOT READ THEM. ACCORDINGLY, YOU SHOULD PERIODICALLY CHECK THESE TERMS OF USE FOR UPDATES OR REVISIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE POSTED AT THE TIME YOU INTEND TO ACCESS OR USE THIS SITE, DO NOT ACCESS THIS SITE OR ANY PAGES THEREOF.
INTELLECTUAL PROPERTY RIGHTS AND USE OF MATERIAL
The content and information of this site, including the arrangement and presentation thereof, (“Material”) is protected by copyright laws and is owned by EHD and/or its licensors. Unless otherwise noted, the logos, trademarks and servicemarks displayed on this site are owned by EHD and nothing on this site or contained in these terms of use shall be construed in any manner as granting you any license or right to use any such logo, trademark or service mark displayed on this site, without the prior written permission of the owner of the applicable logo, trademark or servicemark. Unauthorized use of any Material may violate copyright, trademark, and other laws.
You may view and download one or more copies of the Material solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make. You may not sell or modify any Material or reproduce, display, publicly perform, scrape, distribute, or otherwise use any Material in any way for any public or commercial purpose by any means. The Material may not be used on any other site or in a networked computer environment for any purpose, without EHD’s prior written permission. You may not copy or adapt the HTML or other code that we use to generate pages of this site. Your use of the site and the Material is at your own risk. We reserve the right, in our sole discretion, to modify, add, or remove portions of the site at any time without notice.
In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. EHD does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
The site is intended for adult use only and is not directed to persons under the age of 18. You may not use the site to transmit, distribute, store or destroy Material: (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable, in EHD’s sole discretion.
You may not violate or attempt to violate the security of the site or use the site to violate the security of another website by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the site, host or network, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any EHD packet header or any part of the header information in any e-mail or newsgroup posting. Violators of these Terms may be subject to civil or criminal liability.
CONTENT YOU PROVIDE TO US

You alone are responsible for the form, content, and accuracy of any and all text, images, and other materials you post or make available on or through the site, including but not limited to message board posts, blogs, bookmarks, homepages, and personal profiles (“Content”). You alone are also responsible for the consequences of any Content you post or otherwise make available on or through the site. If you submit or otherwise make Content available, you represent that you are the owner of such Content or are submitting the Content with the express consent of the owner. Further, you warrant that all your posted Content is expressed on your behalf, and not on behalf of EHD.
If you submit or otherwise make Content available, you thereby grant EHD a perpetual, irrevocable, royalty-free, worldwide, fully paid, assignable right and license to reproduce, repurpose, use, store, modify, edit, distribute, or make available any portion of such Content as we see fit in any medium, now known or hereafter developed, for any purpose whatsoever, subject only to these Terms. EHD may identify you as the author of any of your postings by name, email address, or screen name as we deem appropriate.
EHD may (but assumes no obligation to) delete, move, or edit any postings that come to its attention that it considers unacceptable or inappropriate, whether for legal or other reasons.
You shall not post or otherwise make available any contact information (related to you or any other person) in any public areas (e.g., personal profiles, message boards, etc.) maintained within the site. The term “contact information” includes but is not limited to any person’s full name, email addresses, phone numbers, and mailing addresses. We reserve the right, but do not maintain the obligation, to remove any contact information we might find in such public areas. EHD has no responsibility whatsoever for any contact or interaction that occurs between you and any other user of the site. As between you and EHD, you alone are solely responsible for any consequences arising from your sharing, making available, or otherwise exchanging, through a public area on the web or via a private exchange, any form of “contact information” with any user of the site.
NO WARRANTY
The Material, links and functionality of this site are provided “AS IS” and “AS AVAILABLE” and without warranties of any kind, either expressed or implied, including without limitation warranties of non- infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus or other harmful components. Without in any way limiting the prior sentence, EHD does not make any representation or warranty that (i) the Material of this site is accurate, complete or otherwise free from errors and omissions or (ii) the links and other aspects of the site are functional. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
LIMITATION OF LIABILITY
EHD WILL NOT BE LIABLE (WHETHER IN AN ACTION IN NEGLIGENCE, CONTRACT OR TORT OR BASED ON A WARRANTY OR OTHERWISE), IN ANY EVENT, FOR ANY LOSS, DAMAGE, EXPENSE, LOSS OF PROFITS, REVENUE, OR LOSS OR INACCURACY OF DATA, OR ANY DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF EHD OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH (I) YOUR RELIANCE ON OR USE OR INABILITY TO USE THE MATERIAL OF THIS SITE OR ANY LINKED SITE OR (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE OF THIS SITE OR ANY LINKED SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL.
LINKS
This site may have links to one or more third party websites (each a “Third Party Website”). EHD is not

responsible for the privacy practices employed by Third Party Websites. EHD’s privacy policy does not apply to Third Party Websites and these terms of use do not apply to Third Party Websites. EHD does not guaranty, approve or endorse any information, material, services, or products posted or offered at any Third Party Website, nor is EHD liable or otherwise responsible for any failure of products or services offered or advertised at any Third Party Website or any content posted thereon. EHD is providing links to Third Party Websites as a convenience, and your connection to any such Third Party Website is at your own risk and you recognize that Third Party Websites may provide less security than this site. In addition, you should review the privacy statement or policy of any Third Party Website before you provide personal or confidential information.
Before creating any type of link to this site, written permission must be granted by EHD. To seek such submission, submit your request via email to elaine@elaineheigldesigns.com. EHD reserves the right to rescind any permission that it grants and to require termination of any such link, at its sole discretion, at any time.
TERMINATION
EHD may, in its sole discretion and without liability to you, immediately terminate your ability to access the site we may provide, with or without cause. Without limiting the foregoing, we may terminate your access if we learn you have provided false or misleading information, interfered with other users or the administration of our services, or otherwise not complied with any of these Terms.
ADDITIONAL TERMS; PRIVACY POLICY
Certain sections or pages on this site may contain separate terms of use, which are in addition to these terms of use. In the event of a conflict, the separate terms of use will govern for those sections or pages. In addition to these terms of use, your use of this site is also governed by EHD’s privacy policy that is linked on this site.
GOVERNING LAW
Use of this site is governed by the laws of the State of Georgia and applicable Federal laws of the United States. Users of this site hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Atlanta, Georgia, USA, in all disputes arising out of or relating to use of this site or these terms of use.
These Website Terms & Conditions were last updated on: August 2, 2012

