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Privacy Policy

Disclaimers and Limitations on 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.

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.

Company 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.

Terms 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

Ballard Designs.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.

Is information published on the web accurate?

Ballard Designs has endeavored to ensure the accuracy of all information. Occasionally, however, 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. Ballard Designs, Inc. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If we needed to adjust your order, we will contact you and give you the option of cancelling your order or accepting the correct pricing. We apologize for any inconvenience this may cause.

How does your site protect my privacy?

This site recognizes the IP addresses of visitors, but not their email addresses. Individually identifiable email addresses are not captured or stored unless they are provided by the visitor. Persons who communicate with Ballard Designs, and supply us with an email address, may receive future communications by email. Persons who do not wish to receive email messages may remove themselves from the mailing list at any time by sending an email to customer service. Be assured that your email address will NOT be sold or disclosed to any other parties.

Your Privacy Rights

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Full Privacy Policy

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