This Terms of Use Agreement (“Agreement”) is a legal agreement between Leslie Stewart LLC doing business as Donna Degnan (hereinafter collectively referred to as “Donna Degnan”, and you, as a user (“User”) of the websitelocated at http://www.DonnaDegnan.com (“website”). By accessing information on this website, User acknowledges that User has read, understands and agrees to comply with the terms and conditions stated within this Agreement. By using the website and/or submitting any content, User agrees to be bound by and comply with this Agreement. If you do not wish to be bound by this Agreement, do not use the website.

You understand and agree that the website is public and is provided to you on an AS IS and AS AVAILABLE basis. Donna Degnan reserves the right to modify, suspend or discontinue the website with or without notice at any time and without any liability to you.

 

(1) User Conduct: User agrees that all the information accessed by User will be used only to allow the User to use the services offered by Donna Degnan. You may use the website for lawful purposes only. User agrees that all the information accessed will be used only for User’s personal purposes. User will not make any other unauthorized use of this website, or any interactive features available on this website. You agree that you are responsible for your own use of the website, for any content you submit to Donna Degnan, and for any consequences thereof.

 

(2) Termination: You agree that Donna Degnan, in its sole discretion, may terminate your access to or use of the website, at any time and for any reason, including without limitation if Donna Degnan believes that you have violated or acted inconsistently with the letter or spirit of this Agreement through the use of or submission to the website. Upon any such termination, your right to use the website will immediately cease. You agree that any termination of your access to or use of the website may be effected without prior notice, and that Donna Degnan may immediately delete all information and files associated with it, and/or bar any further access to such information or files. You agree that neither Donna Degnan nor any affiliated entity will be liable to you or any third party for any termination of your access to the website or to any such information or files, or will be required to make such information or files available to you after any such termination.

 

(3) Privacy: Donna Degnan collects information about the users of this website. Collection of this information is governed by its Privacy Policy, which may be accessed on this website.

 

(4) Corporate Identification and Trademarks: All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this website are the property of Donna Degnan, unless otherwise noted. User may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Donna Degnan’s prior written permission. The use of Donna Degnan Marks on any other website, without authorization, is prohibited.

 

 

 

 

(5) Proprietary Rights to Content. All materials contained on the website are protected by copyright law except where explicitly noted otherwise. All rights reserved.

The website contains copyrighted material, trademarks and other proprietary information, including data, text, software, photos, video and graphics (“Content”). YOU MAY USE THE SITE AND THE CONTENT OFFERED ON THE SITE ONLY FOR INTERNAL PURPOSES. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of this website or any portion of it. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the website or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.

 

(6) Copyright Claims: To make a complaint about a copyright violation on the website, here.

 

(7) Links to Third Party Sites: At times, website may contain links to third-party websites, which are not under the control of Donna Degnan. Donna Degnan makes no representations whatsoever about any other website to which User may have access through the website. When User accesses another website, User does so at User’s own risk and acknowledges that Donna Degnan is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Donna Degnan shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s website. Mention of third-party companies and websites on the website is for informational purposes only and does not constitute an endorsement or recommendation.

 

(8) Limitation of Liability: USER EXPRESSLY UNDERSTANDS AND AGREES THAT Donna Degnan SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF Donna Degnan HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE.

 

(9) Disclaimer of Warranties. While every effort is made to ensure accuracy, Donna Degnan makes no warranty that the website will meet User’s requirements or that it will be uninterrupted, timely, secure or error free; nor does Donna Degnan make any warranty as to the results that may be obtained from the use of the website or as to the accuracy or reliability of any information obtained through this website USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

 

 

 

UNLESS EXPRESSLY STATED OTHERWISE, Donna Degnan PROVIDES THIS WEBSITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE.

 

(10) Orders: All orders are subject to acceptance and availability, and therefore not guaranteed at the time of purchase, but at the time of credit charge completion. We do not guarantee than any order in your shopping bag will be available after order until time of completed purchase and credit charge. Donna Degnan products can be backed up, up to two weeks without prior notice. Donna Degnan is not liable for any legal ramifications of a delayed or cancelled order within the first two weeks of order completion. Donna Degnan has two weeks from completion of purchase to notify, penalty-free, the customer of a cancellation or delay for any reason.  By completion of this agreement you forfeit to hold Donna Degnan liable for any loss or legal issue related to the cancellation or delay of a product within the allotted two weeks.

 

(11) Indemnification: User agrees, at User’s expense, to indemnify, defend and hold harmless Donna Degnan, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this website or any product or service related thereto.

 

(12) Governing Law: This Agreement and the relationship between User and Donna Degnan shall be governed by and construed in accordance with the laws of the state of New Jersey. Any controversy or claim arising out of or relating to this Agreement or relating to use of this website and the material contained in this website shall be resolved in a court in the state of New Jersey or the Federal Courts situated in such state.

 

(13) Waiver/Severability: The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

 

(14) Reservation of Rights: Any rights not expressly granted herein are reserved.

 

(15) Questions. For any questions, or legal concerns, please contact info@donnadegnan.com.