WEBSITE TERMS OF USE

Effective Date: August 20, 2013

Welcome to the eden & zoe website, edenandzoe.com (the “Site”). Please review the following terms that govern your use of the Site (the “Terms”). Your use of the Site indicates that you agree to follow and be bound by these Terms. If you do not agree to these Terms, please do not access or use this Site.

General

This Site is owned and operated by Eden and Zoe, LLC (“eden and zoe,” “we” and “us”). We reserve the right to revise any part of the Terms in our sole discretion at any time and without prior notice to you by updating this posting, such changes to be effective prospectively. You thus should visit this page periodically for changes. This Site is continually under development and changes in this Site may be made at any time. Any changes are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.

Intellectual Property

The contents of this Site are protected by copyright and other intellectual property rights. Such content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our written permission. Any such activities would be a violation of the copyrights and other intellectual property rights of eden & zoe or other entities where so indicated.

All trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, including but not limited to “eden & zoe,” are proprietary to eden & zoe or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of eden & zoe or the appropriate owner thereof.

Links to Other Websites

This Site may contain links and references to other third party websites, and other third party websites may contain links to this Site. When you click on one of these links on the Site, you are leaving the Site and accessing another party’s website. Any third party website is not under our control. We are not responsible for any of the content, practices or policies of such third-party websites. In addition, any links on this Site to third-party websites does not constitute any endorsement or approval by eden & zoe of the organizations sponsoring such third-party websites or their products or services.

User-Submitted Information

You must exercise caution, good sense and sound judgment in using this Site. You are responsible for any material you transmit to or through the Site or to us through email. You agree, represent and warrant that any information you transmit to or through the Site or to us through email is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. Certain information submitted by you, or otherwise collected from you, is subject to our Privacy Policy, available here.

Unsolicited Ideas

We do not accept or consider unsolicited ideas, including ideas for new promotions or products. You must not transmit any material to or through this Site or to us through email that you consider to be confidential or proprietary. Any material that you transmit to or through this Site or to us through email will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in our Privacy Policy, you give us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that we have the right to use, without any payment or accounting to you or others, any concepts or ideas that you (and those who act on your behalf) transmit to or through this Site or to us through email.

User Conduct

In using this Site you must not:

  • - Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind;
  • - Misrepresent your identity or affiliation in any way;
  • - Violate any applicable laws or regulations; or
  • - Assist or permit any persons in engaging in any of the activities described above.

Termination

We may terminate your use of this Site at any time, effective immediately, with or without cause or notice, and accordingly we may deny your access to this Site thereafter.

Disclaimer

The content, information and services available through this Site, as well as all products sold through this site, are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions or content of the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site will be free of viruses or other harmful components. eden & zoe does not make any representations or warranties regarding your use of the contents of this Site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow exclusion of implied warranties, so some of the foregoing exclusions may not apply to you.

Limitation of Liability

To the fullest extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable for any compensatory, special, consequential, incidental or other indirect damages that result from the use of, or the inability to use, this Site, even if we or our authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the foregoing exclusion may not apply to you.

Personal information

During your use of the Site, you may be asked to provide certain information to us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. Our use of any information about you collected through the Site is governed by our Privacy Policy, which is incorporated by reference into these Terms.

Jurisdictional Issues

We control and operate the Site from within the United States of America. We do not represent that the Contents on the Site are appropriate or available for use in other locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Governing law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of the State of California. Any dispute or action arising under these Terms shall be resolved exclusively under the jurisdiction and venue of the state and/or federal courts located in the State of California, County of San Francisco and/or the Northern District of California.

Other

If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with the Privacy Policy, and if you make a purchase through the Site, the Terms of Purchase, is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing. In the event a provision of these Terms conflict with a provision of the Terms of Purchase, the Terms of Purchase shall govern. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

Contact

If you have any questions or require more information, please contact us at: info@edenandzoe.com.