Welcome to the Diane Hathcoat website. By accessing this website, you fully accept and agree to be bound by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you are not granted permission to use this site and must exit immediately.
Intellectual Property
Diane Hathcoat owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All copyright, trademarks, domain names, design rights, database rights, patents and other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world) in and on the Site shall remain vested in Diane Hathcoat or its licensors. All such rights are reserved.
Restrictions on Use
You may use the Site for your personal, non-commercial use only, and you may not copy, reproduce, republish, download, upload, post, transmit, distribute, modify, reuse, repost, or make any other use of the Site, or any portion thereof. You may not sell, prepare derivative works based on or modify the Site (including, without limitation, preparation of summaries of the content or “thumbnails” of any images therein), or any portion thereof, or reproduce, publicly display, publicly perform, distribute, or otherwise use the Site in any way for any public or commercial purpose. The use of any information contained on the Site on any other web site, or in any publication, database, catalog or compilation, or in a networked computer environment for any purpose other than personal browsing of the Site without the express prior written permission of Diane Hathcoat is strictly prohibited. Notwithstanding the above, you may view and download a single copy of Site press releases or images solely for your personal, non-commercial use. With respect to any copy you make of the Site content within the scope of the limited personal license granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original content. Some of the content may contain digital “watermarks” to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks. You shall not use the Site in any defamatory, disparaging, or otherwise objectionable manner or in any manner that would give rise to civil or criminal liability. You agree: (1) not to use the Web Site for illegal purposes or in any manner inconsistent with the T&C; (2) not to interfere or disrupt networks connected to the Site; (3) to protect the proprietary rights of Diane Hathcoat and all others having rights in the Site during and after the term of this T&C; (4) to comply with all reasonable written requests made by Diane Hathcoat or its providers of content, equipment, or otherwise (“Providers”) to protect their and others’ contractual, statutory, and common law rights in the Site; and (5) not to use, transfer, distribute, or dispose of any information contained on the Site in any manner that could compete with the business of Diane Hathcoat. You further agree to immediately notify Diane Hathcoat in writing (A) upon becoming aware of any unauthorized access or use of the Site by any party or of any claim that the Site infringes upon any copyright, trademark, or other contractual, statutory, or common law rights; or (B) upon becoming aware of any other discrepancy with the Site. You agree that Diane Hathcoat shall not be deemed to have received any transaction request electronically submitted by you until Diane Hathcoat acknowledges to you that Diane Hathcoat has received the request. You will not use the Site or the information contained therein in unsolicited mailings or spam material. You agree to comply with any other applicable terms and conditions of service set forth on the Site.
Unauthorized Activities
You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with Diane Hathcoat; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other visitor of the Site; or (e) attempting to gain unauthorized access to Diane Hathcoat’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site.
You may not deep-link to (i.e., linking to Web pages other than the home page of this Web Site) or frame (i.e., bringing up or presenting content of this Web Site within another web site) this Site. You may not link to www.dianehathcoat.com any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
Submissions
Any communication or material you post, transmit, or distribute to the Diane Hathcoat website by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Upon your submission of User Content or other material or information to Diane Hathcoat, you grant Diane Hathcoat a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. Furthermore, Diane Hathcoat is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Diane Hathcoat for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.
Errors
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related web site is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related web site, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Disclaimer of Warranties
Diane Hathcoat provides the Diane Hathcoat website on an “as-is” basis. The Diane Hathcoat website may also contain links to third party websites. Your use of the Site, its content, or the content of linked websites is solely at your own risk. Diane Hathcoat disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, ownership and/or non-infringement of copyrights or other third-party proprietary rights, or implied warranties arising from course of dealing or course of performance. Diane Hathcoat does not warrant that the Diane Hathcoat website will provide continuous, prompt, secure, or error-free service. Diane Hathcoat does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through this website will meet your expectations. Further, Diane Hathcoat makes reasonable ongoing efforts to revise and update this website, but assumes no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Diane Hathcoat website. Diane Hathcoat assumes no responsibility, and shall not be liable for, any damages to, or viruses which may affect, your computer equipment or other property arising from your use of this website.
Indemnification
By using the Diane Hathcoat website in any manner, you represent and warrant that your use will be consistent with these Terms & Conditions. You agree to indemnify, defend, and hold Diane Hathcoat, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Diane Hathcoat website.
Complaint Procedures
If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to Diane Hathcoat at hello@dianehathcoat.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
Miscellaneous
This Site is not intended for children under the age of 13. This Site is controlled and operated from within the United States. Without limiting anything else, Diane Hathcoat makes no representation that the Site, Site Materials, user materials, Services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of Diane Hathcoat to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof.
Severability
If any provision of the Terms & Conditions is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms & Conditions will remain in force.
Governing Law
These Terms and Condition and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
Changes to Terms & Conditions
You can review the most current version of the Terms & Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our Site. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Last Updated: August 25, 2021