Terms and Conditions
Ballard Designs and its parent, Conerstone brands (collectively, the "Company"), welcome you to the BallardDesigns.com
website. Please review the following basic rules that govern your use of our website. Please note that your use of our
website constitutes your agreement to follow and be bound by those rules.
We may from time to time change the rules that govern your use of our website. Your use of our website
following any such change constitutes your agreement to follow and be bound by the rules as changed.
We may change, move or delete portions of, or may add to, our website from time to time.
Registered Trademarks
Ballard Designs® is a registered trademark of the Company.
All other trademarks, product names, and company names and logos appearing on BallardDesigns.com
are the property of their respective owners.
Disclaimers and Limitation of Liability
You expressly agree that the use of BallardDesigns.com is at your sole risk.
You must be 18 years or older to register as a user. Neither the Company,
nor its affiliates, nor any of its officers, directors, or employees,
agents, third-party content providers ("Providers"), merchants ("Merchants"),
sponsors ("Sponsors"), licensors ("Licensors"), or the like (collectively,
"Associates"), warrant that BallardDesigns.com will be uninterrupted or error-free;
nor do they make any warranty as to the results that may be obtained from
the use of BallardDesigns.com, or as to the accuracy, reliability, or currency
of any information content, service, or merchandise provided through BallardDesigns.com;
except that the Company does guarantee that if for any reason you are not satisfied, simply return it within
90 days and we'll replace it or refund the cost of the item, whichever
you prefer.
Occasionally, the information on BallardDesigns.com may contain errors or inaccuracies related to product descriptions, product images, pricing, or availability. Though we make every effort to minimize these occurrences, Ballard Designs is not responsible for errors or inaccuracies that occur as a result of human error, technical malfunction or other causes. We apologize for any inconvenience this may cause you.
BallardDesigns.com is provided on an "as is," "as
available" basis, and the Company specifically disclaims warranties
of any kind, either expressed or implied, including but not
limited to warranties of title or implied warranties of merchantability
or fitness for a particular purpose. No oral advice or written
information given by the Company nor its affiliates, nor any
of its officers, directors, employees, agents, Providers,
Merchants, Sponsors, Licensors, or the like, shall create
a warranty.
Under no circumstances shall the Company or
any other party involved in creating, producing, or distributing
BallardDesigns.com be liable for any direct, indirect, incidental,
special, or consequential damages that results from the use
of or inability to use BallardDesigns.com, including but not limited
to reliance by you on any information obtained from BallardDesigns.com
or that result from mistakes, omissions, interruptions, deletion
of files or email, errors, defects, viruses, 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 the Company's records,
programs, or services. You hereby acknowledge that this paragraph
shall apply to all Content, merchandise, and services available
through BallardDesigns.com. Because some states do not allow the
exclusion or limitation of liability for consequential or
incidental damages, in such states liability is limited to
the fullest extent permitted by law.
Third-Party Linking
Links to other Internet sites operated by third parties, including BallardDesigns.com vendors, do not constitute sponsorship, endorsement or approval by BallardDesigns.com of the content, policies or practices of such linked sites. BallardDesigns.com is not responsible for the availability, content, security, policies or practices of linked sites, including without limitation the accuracy of content on linked sites and the privacy policies and practices of linked sites.
Content: Proprietary Rights
You acknowledge that BallardDesigns.com contains
information, data, software, photographs, graphs, videos,
typefaces, graphics, music, sounds, and other material (collectively
"Content") that are protected by copyrights, trademarks, or
other proprietary rights, and that these rights are valid
and protected in all forms, media and technologies existing
now or hereinafter developed. All Content is copyrighted as
a collective work under the U.S. copyright laws, and the Company
owns a copyright in the selection, coordination, arrangement,
and enhancement of such Content. You may not modify, remove,
delete, augment, add to, publish, transmit, participate in
the transfer or sale of, create derivative works from, or
in any way exploit any of the Content, in whole or in part.
If no specific restrictions are displayed, you may make copies
of select portions of the Content, provided that the copies
are made only for your personal use and that you maintain
any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices.
Except as provided in the preceding sentence or as permitted
by the fair use privilege under the U.S. copyright laws (see,
e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce,
or distribute in any way Content protected by copyright, or
other proprietary right, without obtaining permission of the
owner of the copyright or other propriety right. In addition
to the foregoing, use of any software Content shall be governed
by the software license agreement accompanying such software.
Content: Accuracy and Reliability
While the Company makes every attempt to publish
accurate and reliable Content on this website, under no circumstances
shall the Company, or its affiliates, or any of its officers,
directors, employees, or agents be liable for any loss or
damage caused by your reliance on information obtained through
BallardDesigns.com. It is your responsibility to evaluate the information,
opinion, advice, or other Content available through BallardDesigns.com.
All products displayed on the website are
offered while supplies last. The prices displayed are quoted
in U.S. dollars and are valid and effective only in the United
States. Descriptive or typographical errors on the website
are subject to correction.
We have made every effort to display as accurately
as possible the colors of our products that appear on the
website. However, as the actual colors you see will depend
on your computer monitor. We cannot guarantee that your monitor's
display of any color will be accurate. In some cases, color
swatches of the materials are available. Send us a message for details.
Export of Technology
The U.S. export control laws regulate the
export and re-export of technology originating in the United
States. This includes the electronic transmission of information
and software to foreign countries and to certain foreign nationals.
You agree to abide by these laws and their regulations - including
but not limited to the Export Administration Act and the Arms
Export Control Act, and not to transfer, by electronic transmission
or otherwise, any Content derived from BallardDesigns.com to either
a foreign national or a foreign destination in violation of
such laws.
The Company's Rights
The Company may elect to electronically monitor
areas of BallardDesigns.com and may disclose any Content, records,
or electronic communication of any kind: (i) to satisfy any
law, regulation, or government request; (ii) if such disclosure
is necessary or appropriate to operate this website; or (iii)
to protect the rights or property of the Company, its users,
Sponsors, Providers, Licensors, or Merchants. The Company
is not responsible for screening, policing, editing, or monitoring
such Content. If notified of allegedly infringing, defamatory,
damaging, illegal, or offensive Content, The Company may investigate
the allegation and determine in its sole discretion whether
to remove or request the removal of such Content from BallardDesigns.com.
The Company reserves the right to prohibit
or remove conduct, communication, or Content that it deems
in its sole discretion to be harmful to users, the Company,
the communities that make up BallardDesigns.com, or any rights
of the Company or any third party, or to violate any applicable
law. Notwithstanding the foregoing, neither the Company nor
its Providers, Merchants, Sponsors, or Licensors can ensure
prompt editing or removal of questionable Content after online
posting. Accordingly, neither BallardDesigns.com, nor its affiliates,
nor any of its officers, directors, employees, or Agents,
nor Provider, Merchant, Sponsor, or Licensor shall assume
liability for any action or inaction with respect to conduct,
communication, or Content on BallardDesigns.com.
Online Conduct
Any conduct by you that in the Company's sole
discretion restricts or inhibits any other user from using
or enjoying BallardDesigns.com will not be permitted. You agree
to use BallardDesigns.com only for lawful purposes. You are prohibited
from posting on or transmitting through BallardDesigns.com any
unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful, racially,
ethnically, or otherwise objectionable material of any kind,
including but not limited to any material that encourages
conduct that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any applicable local,
state, national, or international law.
Public and Private Communications
The Company will not screen public communications
in advance. The Company is not responsible for your submissions
or responses. Any product concept or ideas submitted by you
to BallardDesigns.com will be considered public and nonproprietary.
The Company will not be responsible for any claims to intellectual
property if those concepts or ideas are used in promotions,
marketing or product concepts. The Company reserves the right
to remove any Content that it deems in its sole discretion
to be a violation of any law.
Privacy Policy
At the Company, we recognize and respect the importance of maintaining the
privacy of our customers and members, and have established a privacy policy
as a result. In our Privacy section, we describe why we gather customer
and member information, what information we collect, how we collect it,
what we use the information for, and how you can instruct us if you prefer
to limit the use of that information. We encourage you to carefully read
our Privacy Section.
Indemnity
You agree to indemnify, defend and hold harmless
the Company and its Associates from and against any and all
liability, claims, costs and expenses (including, without
limitation, reasonable legal fees and expenses), alleging
or resulting from your use of BallardDesigns.com in violation or
breach of the Terms & Conditions.
Termination of Usage
The Company may terminate your access, or
suspend your access to all or part of BallardDesigns.com, without
notice, for any conduct that BallardDesigns.com, in its sole discretion,
believes is in violation of any applicable law or is harmful
to the interests of another user, a third-party Provider,
Merchant, Sponsor, Licensor, service provider, or the Company.
Applicable Laws
BallardDesigns.com is controlled by the Company
from its offices within the United States of America. The
Company makes no representation that Content on the website
are appropriate or available for use in other locations, and
access to them from territories where their content is illegal
is prohibited. Those who choose to access this site from other
locations do so on their own initiative and are responsible
for compliance with applicable local laws. You may not use
or export the Content in violation of U.S. export laws and
regulations. Any claim relating to this website, the services
provided through this website or the Content shall be governed
by the internal substantive laws of the State of Ohio.
Unlawful Solicitation
You may not use BallardDesigns.com to send unsolicited
advertising, promotional material, or other forms of solicitation
to other users, except in specified areas, if any, that are
designated for such a purpose.
Acknowledgment and Changes
This Agreement represents the entire understanding
between you and the Company regarding your relationship with
the Company and BallardDesigns.com, and supersedes any prior statements
or representations. YOU AGREE TO BE BOUND BY THE TERMS OF
USE by accessing any areas of the BallardDesigns.com website. We
reserve the right to change the Terms & Conditions at any
time. If we make any change to the Terms & Conditions, we
will post those changes on this page and they will become
effective upon posting.
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