Terms & Conditions

Last Updated: February 10, 2021

Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) carefully before using the www.ericagimsondesign.com website (the “Site”) operated by Erica Gimson Design (“us,” “we” or “our”). Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Site. By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Site.

Communications

By creating an Account on our Site, you agree to subscribe to newsletters, marketing emails, promotional materials and other information we may send. However, you may opt out of receiving any or all of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, your billing address and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase, and (ii) the information you supply to us is true, correct and complete.

The Site may employ the use of third-party services for the purposes of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including (but not limited to): product or service availability; errors in the description or price of the product or service; error in your order; or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Site. We may experience delays in updating information on the Site and in our advertising on other websites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately or unavailable on the Site. We cannot guarantee the accuracy or completeness of any information found on the Site. We therefore reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete and current at all times. Inaccurate, incomplete or obsolete information may result in the immediate termination of your account on the Site. You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Site and its original content, features and functionality are and will remain the exclusive property of Erica Gimson Design and its licensors. The Site is protected by copyright and other laws of both the United States and foreign countries. Our intellectual property may not be used in connection with any product or service without the prior written consent of Erica Gimson Design.

Links to Other Websites

Our Site may contain links to third-party websites or services that are not owned or controlled by Erica Gimson Design. Erica Gimson Design has no control over, and assumes no responsibility, for the content, privacy, policies or practices of any third-party website or service. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Erica Gimson Design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party websites or services. We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Erica Gimson Design and its licensee and licensors, and their employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) resulting from or arising out of (i) your use and access of the Service by you or any person using your account and password; (ii) a breach of these Terms, or (iii) content posted on the Site.

Limitation of Liability

In no event shall Erica Gimson Design, nor its directors, employees, partners, agents, suppliers or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including (without limitation) loss of profits, data, use, goodwill or other intangible losses resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third-party on the Site; (iii) any contained obtained from the Site, and (iv) unauthorized access, use or alteration of your transmission or content, whether based on warranty, contact, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Site is at your sole risk. The Site is provided on an “As Is” and “As Available” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Erica Gimson Design does not warrant that (i) the Site will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Site is free of viruses or other harmful components; or (ix) the results of using the Site will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and supersede any prior agreements we might have had between us regarding the Site.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 15 days’ notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Site.

Contact Us

If you have any questions about these Terms and Conditions, please contact us at ericagimsondesign@gmail.com.