Terms of Use
Welcome to this Web site (the “Site”), which is owned and/or operated by Hazel Wood Children, LLC (the “Company”). Company maintains the Site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site ("Terms of Use"). When you use the Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. Company reserves the right to modify content on the Site and these Terms of Use periodically without prior notice.
These Terms and Conditions May Change The Company reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website. Use of Content on the Site You may view, download, and print content from the Site subject to the following terms and conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without the express written consent of Company. You may not use any Meta tags or any other "hidden text" utilizing Company's name or trademarks without the express written consent of Company. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission. You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the license granted by Company. Reviews, Comments, Communications, And Other Content You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information. By submitting information, you grant Company a nonexclusive, world-wide, royalty-free, perpetual, irrevocable, and fully sub licensable license to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you represent and warrant and will covenant that the content is accurate; you own all rights to or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity. You agree to indemnify, hold harmless and defend Company, and its directors, officers, employees and agents from and against any action, claim, demand, dispute, or liability, including reasonable attorney’s fees and costs, arising from or relating to any allegation that the content infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. You further agree that Company shall have the right to participate in the defense of any such claim through counsel of its own choosing. Products Offered By Company on the Site Company offers products on the Site. When you enroll to obtain a product or service from Company on the Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on the Site is governed by the terms and conditions in the agreement for that product or service. Company does not warrant that any product descriptions or content contained in this Site is accurate, current, reliable, complete, or error-free. Colors We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. Correction of Errors and Inaccuracies; Limitations on Quantity; Returns; Risk of Loss The information on this website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve 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). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you. Please see our Pricing Information for more details. If you are not fully satisfied with your purchase you may [RETURN POLICY].return it. Additional restrictions apply. Please see our Return PolicyFrequently Asked Questions (FAQS) section for more details. The risk of loss and title to items purchased from the Company pass to the purchaser upon our delivery to the carrier. Gift Certificates All Gift Cards, e–Gift Cards and other gift certificates are deemed purchased in and issued from the State of New York. The risk of loss and title to such items pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Copyright Information All contents of the Site are: © 2007. Company with offices at 2334 83rd street, apt.2 Brooklyn, New York 11214. All rights reserved. The Site and the content within the Site are the property of Company, its owners, its clients, or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of Company. Company reserves all rights in the Site and its content not specifically granted in any agreements with Company or in the Terms of Use. Copyright Complaints Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@hazelwoodchildren.com with copy to jennifer@hazelwoodchildren.com. Trademark Information Company marks, graphics, logos, page headers, button icons, scripts noted on the Site are Company's service marks, trademarks and trade dress and are the sole and exclusive property of Company. Company's service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Company and in connection with any service or product that is not sponsored, endorsed or produced by Company. All other trademarks not owned by Company, its clients, or its subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company or its subsidiaries. Third Party Web Sites and Information The Site may provide hyperlinks to third party Web sites or access to third party content. Company does not control, endorse, or guarantee content found in such sites. You agree that Company is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that Company shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only. Disclaimer ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY COMPANY ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. COMPANY DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. WITHOUT LIMITING THE FOREGOING, THE COMPANY DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM OR FROM THE DESIGNER. (if applicable). COMPANY, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF COMPANY, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Indemnity You agree to indemnify, hold harmless and defend Company and its directors, officers, employees and agents from and against any action, claim, demand, dispute, or liability, including reasonable attorney’s fees and costs, arising from or relating to: (i) your breach of these Terms and Conditions; (ii) your negligence or willful misconduct; (iii) any allegation that the content infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets; (iv) in connection with your use of the Site or any hyperlinked Web site or (v) resulting from content you supply. You agree that Company shall have the right to participate in the defense of any such claim through counsel of its own choosing. Applicable Laws This Terms and Conditions shall be governed by and construed in accordance with the law of the State of New York. You agree that any legal action or proceeding under or with respect to this Terms and Conditions will be brought in the Supreme Court of the State of New York sitting in the county of New York and/or the United States District Court sitting in the Southern District of New York, and for the purpose of any such legal action or proceeding, You hereby submit to the jurisdiction of such courts. You hereby agree not to raise, and waive any objection you may have to or any defense it may have based upon the venue of such courts or based upon an inconvenient forum. You also agree not to bring any legal action or proceeding under or with respect to this Terms and Conditions outside the Supreme Court of the State of New York sitting in the county of New York and/or the United States District Court sitting in the Southern District of New York. The parties to this Terms and Conditions hereby voluntarily, knowingly and irrevocably waive any constitutional or other right each may have to a trial by jury in the event of litigation related to or concerning this Terms and Conditions. Should any litigation, arbitration, meditation or other legal proceeding be commenced concerning this Agreement, Company shall be entitled, in addition to such other relief as may be granted, to reimbursement of Company’s actual attorneys' fees and costs incurred in connection with such proceeding. ''Actual attorneys' fees'' means the full and actual cost of any legal services actually performed in connection with the matter for which such fees are sought calculated on the basis of the usual fees charged by the attorneys performing such services, and shall not be limited to ''reasonable attorneys' fees'' as that term may be defined in statutory or decisional authority. Entire Terms and Conditions. This Terms and Conditions contains the entire Terms and Conditions between You and Company with respect to the engagement relationship between You and Company and supersedes all prior Terms and Conditions, undertakings and commitments, whether oral or written. No amendments to this Terms and Conditions shall be effective, except by written Terms and Conditions signed by both You and Company. Invalid Provisions. The invalidity or unenforceability of any paragraph or provision of this Terms and Conditions shall not affect the validity or enforceability of the remainder of these Terms and Conditions, or the remainder of any paragraph or provision. This Terms and Conditions shall be construed in all respects as if any invalid or unenforceable paragraph or provision were omitted. Successors and Assigns. This Terms and Conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective shareholders, partners, members, directors, officers, heirs, successors, representatives and assigns. You agrees, for itself and on behalf of its successors, heirs, executors, administrators, and any person or persons claiming under it, that this Terms and Conditions and the rights, interests, and benefits hereunder cannot be assigned, transferred, pledged, or hypothecated in any way and shall not be subject to execution, attachment, or similar process. Any attempt to do so, contrary to these terms, shall be null and void and shall relieve Company of any and all obligations or liability hereunder. Effect of Waiver. The failure of any party to insist in any one instance or more upon strict performance of any of the terms and conditions hereof, or to exercise any right or privilege herein conferred, shall not be construed as a waiver of such terms, conditions, rights or privileges, but same shall continue to remain in full force and effect. Any waiver by any party of any violation of, breach of or default under any provision of this Terms and Conditions by the other party shall not be construed as, or constitute, a continuing waiver of such provision, or waiver of any other violation of, breach of or default under any other provision of this Terms and Conditions. Force Majeure. Neither party shall be in default by reason of any failure or delay in the performance of any obligation under this Terms and Conditions where such failure or delay arises out of any cause beyond the control and without the fault or negligence of such party. Binding Effect. This Terms and Conditions shall be binding upon, and inure to the benefit of Company and its successors, assigns, heirs, legal representatives, executors, and administrators. Contact Information If you have any questions regarding these Terms of Use, please contact Company at jennifer@hazelwoodchildren.com. Service Guarantee Company does not guarantee that the Site will be available one hundred percent (100%) of the time. Company and its operators make no warranty or representation as to the provision of any service obtained through Company. If Company and its operators are unable to provide the promised level of service for any reason, including, but not limited to service outages, war, acts of God or negligence, neither Company nor its owners will be held liable for any costs or damages including, but not limited to, indirect, special, incidental, exemplary or consequential damages (including, without limitation, lost profits) related to this Terms of Service or resulting from your use or inability to use the Site arising from any cause of action whatsoever, including contract, warranty, strict liability, or negligence, even if Company has been notified of the possibility of such damages. Privacy Policy Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.hazelwoodchildren.com
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