Terms and Conditions
Terms and Conditions (“Terms”)
Welcome to the website for Ella McHugh. These Terms are a contract between You (“You” or “Your”) and Ella McHugh LLC (“Ella McHugh,” “Company,” “We,” “Us,” or “Our”), with regard to the access and use of Our website (including ellamchugh.com) and its component pages (“Site”), content, and/or online services made available through the Site. Any references to the Company shall include employees, officers, directors, investors, agents, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of the Company. Please read these Terms fully and carefully before accessing and using Our Site.
1. Terms of Use.
a) Acceptance. By accessing and using Our Site, You accept and agree to be legally bound by these Terms and all prospective amendments to these Terms, including Our Privacy Policy. This agreement is made by You just as if it had been made in writing. If You do not agree to these Terms, do not use this Site or any of Our online features, products, or services.
b) Amendment. We may amend these Terms from time to time in Our sole discretion. All amendments to these Terms will be effective immediately upon posting. Your continued access to Our Site constitutes an agreement to be bound to the Terms then effective and as amended. You also agree to accept notice of posting of any amendments or new terms through Us posting such amendments or new terms on the Site. Please review the Terms periodically so You are aware of any amendments.
c) Additional Terms. Although You are always bound by the Terms, in using additional features, products, or services You may be bound by and subject to additional terms, guidelines, guides, policies, procedures, manuals, tutorials, and rules applicable to certain features, products, or services. These additional terms, including Our policy for returns, may be posted and modified periodically. Any and all additional terms will not change or replace these Terms regarding use of the Site, unless expressly stated. Any and all additional terms are incorporated within these Terms by reference.
d) Capacity. This is a general audience Site for adults age 18 or over, and is intended for use for individuals in the United States. By using this Site, You represent and warrant that You are 18 years or older and have legal capacity to enter into the agreement set out in these Terms, including but not limited to, that You are of sufficient mental capacity, and are otherwise permitted to be legally bound in contract.
2. Account; General Use.
a) Site Features. Our Site contains certain features and functionality, including an account login feature. We reserve the right, in Our sole discretion, to change, modify, remove, or add any other features, products, services, or terms offered as part of any part on the Site. This includes without limitation any features regarding Our products and collections, finding purchase locations, contacting Us, or purchasing Our products online.
b) Eligibility. In order to create an account, You must be at least eighteen (18) years of age in good standing, and complete the registration process by providing Us with complete, current, and accurate information as requested in Our registration form. By creating an account, You agree to provide true, accurate, and current information in connection with that account. Any usernames and passwords used for this Site are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password You use to access Your account. You agree to notify the Company immediately of any unauthorized use of Your username, password, or account, or any other breach of security. We are not liable for any loss that You may incur as a result of someone using Your username, password, or account, either with or without Your knowledge.
THIS SITE IS NOT INTENDED FOR USE FOR PERSONS OUTSIDE THE UNITED STATES, AND THESE TERMS APPLY ONLY TO PERSONS WITHIN THE UNITED STATES. THIS SITE IS ALSO NOT AVAILABLE TO ANY PERSONS SUSPENDED OR REMOVED FROM THE SITE BY THE COMPANY. IN USING THIS SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED STATES WHO HAS NOT BEEN SUSPENDED OR REMOVED FROM THE SITE. PERSONS CHOOSING TO ACCESS THIS SITE DO SO AT THEIR OWN DISCRETION AND INITIATIVE, AND ARE RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS, ALL LOCAL LAWS AND RULES, INCLUDING WITHOUT LIMITATION, SUCH LAWS AND RULES REGARDING THE INTERNET, DATE, EMAIL, ELECTRONIC MESSAGES, PRIVACY, AND SECURITY.
c) Length. Your account will continue until You request to cancel Your account or the Company, in its sole discretion, cancels Your account.
d) Use. The Site and its contents are for Your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services, or features obtained from the Site without Our prior written consent. Your account may not be assigned or transferred to any other person or entity, nor may You provide any other person or entity with access to Your account, either directly or indirectly.
e) Unavailability. Your access to the Site and Your account may be unavailable or interrupted from time to time for a variety of reasons, many of which We cannot control. We are not responsible for any interruptions of Your access to the Site of Your account, or any of the consequences of such interruptions.
f) Right to Refuse. The Company reserves the right to refuse or revoke access to the Site to You or any user at any time.
g) Miscellaneous. Throughout the Site there is information regarding pricing and availability of certain products. Additionally, the Site contains information regarding where You may find Our products. That information is subject to change at any time and without any prior notice.
3. Termination; Modification.
Without any further notice and at any time, You understand and agree that the Company may terminate, cancel, deactivate, and/or suspend Your access to the Site. The Company reserves the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Site. You understand, acknowledge, and agree that Your sole and exclusive right and remedy regarding the termination or modification of Your access to and use of the Site, is to stop using the Site.
4. Privacy.
Your privacy is important to Us. By using this site, You agree to the collection and use of Your information consistent with the terms of Our Privacy Policy. Please review Our Privacy Policy regularly for more information.
5. Monitoring.
The Company may, but has no obligation to, monitor the use by You and other users of the Site. During monitoring, any information relating to any user or their respective activities on the Site may be examined, recorded, copied, and used for authorized purposes in accordance with these Terms and Our Privacy Policy. Furthermore, the Company reserves the right at all times to disclose any information provided to any portion of the Site as necessary for Our business purposes or to satisfy any law, regulation, or governmental request, or to refuse to transmit, or to remove, any information or materials, in whole or in part, that the Company in its sole discretion, finds objectionable or in violation of these Terms.
6. Conduct and Acceptable Use.
The following rules are a condition of Your use of and access to the Site. You are responsible for the content of Your communications and representations via the Site, including purchases conducted via the Site.
We may require, at any time, proof that You are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating Your access to the Site or seeking other legal or equitable remedies, once We become aware of any violation of these Terms. As a condition of use of the Site, You represent the following:
• You will not interfere with any other person using or enjoying the Site;
• You will not use the Site to threaten, abuse, harass, or invade the privacy of any person;
• Any content or materials (including through Our contact form) You submit to Us will be appropriate and lawful;
• You will not damage Our Site or Our servers;
• You will not attempt to gain unauthorized access to computer systems or networks connected to the Site or use the Site in any way for an inappropriate or unlawful purpose;
• You will not impersonate, falsely state, or otherwise misrepresent Your identity in any way while using the Site (including through Our contact form); and
• You will not use the Site, its content, or its information for any criminal or unlawful purpose or encourage anyone else to do so.
Violations of these provisions will be determined by the Company in its sole discretion.
7. Ownership; Proprietary Rights.
All Site content and materials including without limitation text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by the Company or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of the Company and protected by United States and international copyright laws. Except as expressly authorized by the Company, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of all Site content and materials.
8. Third-Party Sites, Products & Services; Links.
The Site may contain links to third party websites (“Third-Party Sites”), including without limitation, to social media websites.
THE COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY SITES AND THEIR CONTENT. THE THIRD-PARTY SITES ARE NOT CONTROLLED BY US. ACCORDINGLY, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING SUCH THIRD-PARTY SITES, HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY SITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRDPARTY SITES. YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY SITE DOES NOT IMPLY AN ENDORSEMENT BY THE COMPANY. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.
9. Disclaimer; No Warranties; Limitation on Liability and Damages.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE CONTENT OR SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ALLOWABLE BY LAW, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
YOU ALSO SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED ON THE SITE BY ANY THIRD PARTY. YOU FURTHER AGREE THAT THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AND/OR MAY DISCONTINUE ANY PART OF THE SITE AT ANY TIME.
ALSO SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION AND TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN THE COMPANY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW. NOTWITHSTANDING THE ABOVE, IN NEW JERSEY, NOTHING IN THIS SECTION SHALL BE UNDERSTOOD TO LIMIT THE COMPANY’S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY THE COMPANY’S OWN NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT OR FOR ANY DAMAGES CAUSED BY THE COMPANY’S FAILURE TO EMPLOY REASONABLE DATA SECURITY PRACTICES AS SET FORTH IN OUR PRIVACY POLICY.
10. Indemnification; Hold Harmless.
You agree to indemnify and hold the Company, its employees, officers, directors, investors, agents, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of the Company harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to Your breach or alleged breach of any terms or conditions contained in this agreement.
11. Dispute.
These Terms are governed by the laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims, lawsuits, or other actions (collectively, “Claims”) arising under this agreement shall lie exclusively with the state or federal courts within New York, New York. If any provision of the Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision of the Terms shall be deemed a further or continuing waiver of such provision or any other provision. You agree that neither You, nor Your representatives, shall have the right or authority to bring any Claims on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.
12. Assignment.
The Company may assign its rights and obligations under these Terms, and any assignment will inure to the benefit of Our successors, assigns, and licensees.
13. Severability.
If any provision of these Terms, including Our Privacy Policy, is found invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect, as shall this agreement, as if such invalid, illegal, or unenforceable provisions had never been a part of these Terms.
14. Survivability.
Sections 4 (Privacy), 7 (Ownership; Proprietary Rights), 10 (Indemnification; Hold Harmless), 11 (Dispute), 12 (Assignment), 13 (Severability), 15 (Headings), 17 (No Waiver), 18 (Children’s Online Privacy Protection Act (“COPPA”) Notification), and 19 (Digital Millennium Copyright Act) shall survive any termination of this agreement.
15. Headings.
All headings used in these Terms are for reference purposes only and shall not be used to interpret, analyze, or construe these Terms or the provisions, terms, representations, covenants, agreements, certifications, declarations, affirmances, or statements contained herein.
16. Entire Agreement.
These Terms, including Our Privacy Policy, represent the entire agreement between the Company and You regarding the use of the Site. These Terms cancel and supersede all prior understandings between the Company and You regarding the rights herein. No provision of these Terms shall be modified or amended except as expressly stated within the Terms.
17. No Waiver.
NO WAIVER OF ANY OF THESE TERMS BY THE COMPANY IS BINDING UNLESS AUTHORIZED IN WRITING BY AN OFFICER OF THE COMPANY. IF THE COMPANY WAIVES A BREACH OF ANY PROVISION OF THE TERMS, ANY SUCH WAIVER WILL NOT BE CONSTRUED AS A CONTINUING WAIVER OF OTHER BREACHES OF THE SAME NATURE OR OTHER PROVISIONS OF THE TERMS AND WILL IN NO MANNER AFFECT THE RIGHT OF THE COMPANY TO ENFORCE THE SAME AT A LATER TIME.
18. Children’s Online Privacy Protection Act (“COPPA”) Notification.
Our Site is not designed or intended for use by children under the age of 18. Pursuant to 47 U.S.C. Section 230(d) as amended, We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that may be harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.
19. Digital Millennium Copyright Act.
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Site should be promptly sent in the form of written communication to Ella McHugh LLC, 235 East 22nd Street (5T) New York, New York 10010, or compliance@ellamchugh.com. All claims must include the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) 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 the service provider to locate the material;
d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an email address at which the complaining party may be contacted;
e) A statement that the complaining party has 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; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
20. Product Descriptions.
The Company endeavors to be as accurate as possible in its descriptions products on Our Site. However, the Company makes no representation nor warrants that its descriptions of products on Our Site are accurate, complete, without error, reliable, or current. If You believe the products offered are not as described on Our Site, Your sole and exclusive remedy is to return the products in an unused condition subject to Our return policy.
21. Contact.
If You have any questions about these Terms, including Our Privacy Policy, please contact Us
at:
Email: compliance@ellamchugh.com.
Last Updated: October 3, 2018