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Our Website Terms Of Use

Last updated November 15, 2010.

Thank you for visiting the EllaandBoss.com website (the "Website"). EllaandBoss.com is owned and operated by Elements of Design, LLC. ("Elements," "we" or "us"). Please read these website terms of use (the "Terms of Use") carefully before using this Website. By using this Website, you agree to be bound by all terms and conditions contained in these Terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use this Website. The Website is not intended for use by those under the age of 18 or the legal age of majority in their state of residence.

We may, in our sole discretion, modify these Terms of Use with or without notice to you. The "Last Updated" date at the top these Terms of Use will indicate when the latest modifications were made. By continuing to access and use the Website after these Terms of Use are modified, you agree to such modifications. Therefore, you should review these Terms of Use prior to each use of the Website. In addition, when using particular services or features or making purchases at the Website, you will be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms of Use.

We are always ready to address your questions and concerns regarding this policy and our privacy practices. If you would like to speak to a Customer Service representative, please contact us through one of the following methods:

By E-mail:

info@ellaandboss.com

By Telephone:

703.992.8283

By Mail:

Ella & Boss
c/o Elements of Design, LLC
1320 Old Chain Bridge Rd., Ste. 180
McLean, VA 22101

Purchase Policies
If you make a purchase at the Website, your purchase will be subject to additional purchase terms and conditions (collectively, "Purchase Policies") appearing on the "Return Policy" page, which are hereby incorporated into and made part of these Terms of Use. Please review our Purchase Policies before making any such purchase. By submitting payment information in connection with any such purchase, you agree to our Purchase Policies.

Privacy Policy
Use of the Website is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms of Use. Please carefully review our Privacy Policy. By using the Website, you agree to be bound by the terms of our Privacy Policy.

Third Party Websites
Links at the Website to third party websites are provided only as a convenience to you. If you use these links, you will leave the Website. Elements does not control or endorse any such third party websites. You agree that the Elements Parties, as defined below, will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Website, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Elements expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.

Website Use
You are required to establish an account at the Website in order to take advantage of certain features of this Website, such as making a purchase. If you provide information at the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or Elements has reasonable grounds to suspect that such information is false, inaccurate or outdated, Elements has the right to suspend or terminate your account and prohibit any and all current or future use of the Website (or any portion thereof) by you.

You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Elements of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Website, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Elements. The Elements Parties cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

You agree to use the Website only for lawful purposes and that you are responsible for your use of and communications at the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Website.

You further agree that you will not access this Website by any means except through the interface provided by Elements for access to the Website. Creating or maintaining any link from another website to any page at the Website without the prior authorization of Elements is prohibited. Running or displaying this Website or any information or material displayed at the Website in frames or through similar means on another website without the prior authorization of Elements is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.

Elements makes no representation that Materials contained at the Website or products described or offered at the Website are appropriate or available for use in jurisdictions outside the United States, or that these Terms of Use comply with the laws of any other country. Visitors who use the Website and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website from any territory where its contents are illegal, and that you, and not the Elements Parties, are responsible for compliance with applicable local laws.

Termination
You agree that Elements may terminate or suspend your access to all or part of this Website, without notice, for any conduct that Elements, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user or the Elements Parties. Notwithstanding such termination or suspension, you will continue to be subject to the "Intellectual Property," "Warranties, Disclaimers and Limitations of Liability," "Indemnification," "Applicable Law and Jurisdiction" and "User Content and Conduct" sections of these Terms of Use.

Elementss reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms of Use, you agree that Elements Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website.

Warranties, Disclaimers and Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

Your use of the website is at your sole risk. The website and the materials contained herein are provided on an "as is" and "as available" basis. Except as otherwise expressly provided in these terms of use, Elements, its parent, subsidiary and other affiliated companies, and their respective officers, directors, employees and other representatives (collectively, the "Elements parties"), expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, the Elements parties make no warranty that: (i) the website will meet your requirements; (ii) the website will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the website will meet your expectations or needs; and (v) any errors in the website will be corrected.

All products and services purchased on or through the website are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any. To the fullest extent permissible by applicable law, the Elements parties disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the products and services listed or purchased on or through the website. Without limiting the generality of the foregoing, the Elements parties expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.

The Elements parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the website, including any liability: (i) as a publisher of information; (ii) as a reseller of any products or services; (iii) for any incorrect or inaccurate information; (iv) for any unauthorized access to or disclosure of your transmissions or data; (v) for statements or conduct of any third party on the website; or (vi) for any other matter relating to this website or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Elements and you. The products, information and services offered on and through the website would not be provided without such limitations.

Notwithstanding the foregoing, the sole and entire maximum liability of the Elements parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Elements on this website.

Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

Indemnification
You agree to indemnify, defend and hold harmless the Elements Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees), resulting or arising from or relating to your use of or conduct at the Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your breach of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Website.

Applicable Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Virginia in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Virginia and further agree that any cause of action arising from or relating to the use of the Website or these Terms of Use shall be brought exclusively in the Federal or State Courts residing in Richmond, Virginia.

To the fullest extent of the law, you agree that any claim of cause of action arising from or relating to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

Customer Ratings and Reviews Terms of Use
These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Elements of Design, LLC (the "CRR Service"). To the extent of any conflict between Elements’ Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

By submitting any content to Elements of Design, LLC, you represent and warrant that:

 

 

you are the sole author and owner of the intellectual property rights thereto;

all "moral rights" that you may have in such content have been voluntarily waived by you;

all content that you post is accurate;

you are at least 13 years old;

use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

 

 

You further agree and warrant that you shall not submit any content:

 

 

that is known by you to be false, inaccurate or misleading;

that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

that violates any law, statute, ordinance or regulation (including, but not limited to,
those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially
or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

for which you were compensated or granted any consideration by any third party;

that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;

that contains any computer viruses, worms or other potentially damaging computer programs or files.

 

 

You agree to indemnify and hold Elements (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Elements a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Elements’ sole discretion. Elements reserves the right to change, condense or delete any content on Elements’ website that Elements deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Elements does not guarantee that you will have any recourse through Elements to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Elements reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Elements, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Elements, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that Elements and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

Miscellaneous
These Terms of Use constitute the entire and only Terms of Use between Elements and each user of the Website with respect to the subject matter of these Terms of Use. If any provision of these Terms of Use be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.

The failure of the Elements Parties to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use.

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