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Terms & Conditions


By accessing or using the Rebecca Lankford Designs or Studio 703 website located at www.RebeccaLankfordDesigs.com and www.Studio703Yale.com (the "Website"), you indicate that you have read and understand this Terms and Conditions of Use Agreement (the "Terms of Use"), which incorporates by reference our Privacy Notice, and agree to be bound by it. View Our Privacy Policy. You must accept this Terms of Use in its entirety in order to use the Website. If you do not understand or have questions about the Terms of Use, immediately stop all use of the Website and contact CustomerCare@RebeccaLankfordDesigns.com. If you do not accept this Terms of Use, you may not use the Website. Your continued use of the Website constitutes your agreement to the most current version of this Terms of Use. If at any time you do not agree to this Terms of Use, you must cease your use of this Website. If you "bookmark" a portion of the Website or otherwise bypass the Terms of Use, you will still be bound by the Terms of Use.

The Terms of Use apply only to the Website and do not apply to any websites that are linked to the Website. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites. The Terms of Use are subject to change at any time by us, without prior notice to you, by our posting them on the Website. It is your obligation to review the Terms of use before accessing the Website. Any changes to the Terms of Use will be effective immediately upon our posting them to the Website, unless otherwise stated.

Definitions

For the purpose of this Terms of Use, the following definitions apply:

  • "Text" includes all text on every page of the Website, whether editorial, navigational, or instructional.
  • "Graphics" includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.
  • "Programming" includes, but is not limited to, both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Website.
  • "you" or "your" refers to the person accessing the Website and agreeing to this Terms of Use.
  • "Affiliates" refers to companies and divisions under the ownership of Rebecca Lankford Designs and / or Studio 703 .

Use of this Website

The Website is intended to facilitate the offering for sale of jewelry, craft arts, and other unique products and services by Rebecca Lankford Designs and / or Studio 703. Use of this Website is a privilege. Users who violate this Terms of Use may be denied access to the Website, and we reserve the right to suspend your use of the Website for any reason at any time, in our sole discretion.

A limited license is granted to you by us to view, download, and use a single copy of the Website solely for your personal, non-commercial use and only as an aid to shopping on the Website. The Website may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Website. Except as provided herein, you are not permitted to download (other than page caching) or change any portion of the Website, unless you have our express written consent.

You may not collect listings of products, prices, descriptions, use any portion of the content in any derivative way, download, or copy information or other matter for use of any other party. You may not gather information and data on the Website from mining, robots or other extraction tools. The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by these Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Website, except with our explicit, written permission. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. Your use of the Website is also subject to the following restrictions:

  1. You may not send unsolicited commercial email to Users. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;
  2. You may not delete, edit or revise any material posted by any other person or entity. You may not copy, duplicate, download or otherwise use any material posted by any other person or entity except for the purposes permitted by these Terms of Use.
  3. You may not interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any users.

You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented by the Website, or the servers and network associated with the Website. Any unauthorized use terminates the permission or license granted by Rebecca Lankford Designs and / or Studio 703 Yale, in addition to all rights at law or in equity.

You are specifically prohibited from posting, sending, submitting, publishing, or transmitting in connection with this Website any material that is unlawful or for illegal activity. You agree not to use this Website to do any of the following:

  1. Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, or otherwise unlawful;
  2. Harm or exploit children;
  3. Advocate illegal activity or an intention to commit an illegal act;
  4. Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
  5. Email or transmit content that constitutes a "pyramid" or similar scheme;
  6. Email or transmit content that infringes on the Intellectual Property (as defined below) or the right of any entity or person;
  7. Advertise or otherwise engage in any commercial endeavor without Rebecca Lankford Designs or Studio 703’s explicit, written permission;
  8. Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; and / or
  9. Disrupt the normal flow of communications or affect the ability of others to engage in activities via this Website.

Rebecca Lankford Designs and Studio 703 reserves the right to monitor the use of this Website to determine compliance with the Terms of Use, to refuse to accept submitted information for any reason, and to suspend or terminate your access to the Website, for any or no reason and at any time. Rebecca Lankford Designs and Studio 703 further reserve the right to seek any remedy available at law or in equity for any violation of the Terms of Use. You remain solely responsible for the content of your submissions and acknowledge and agree that Rebecca Lankford Designs and Studio 703 shall not be liable to you or to any third party if Rebecca Lankford Designs and / or Studio 703 refuses to accept your submitted information or terminates your access to the Website.

Rebecca Lankford Designs and Studio 703 reserve the right to cooperate with any law enforcement authorities or court order requesting or directing Rebecca Lankford Designs and / or Studio 703 to disclose the identity of any posting any email messages, or publishing or otherwise making available any materials that are believed to violate the Terms of Use. You agree to waive and indemnify and hold Rebecca Lankford Designs and / or Studio 703 harmless from and against any and all claims whatsoever resulting from or in connection with any action by Rebecca Lankford Designs and / or Studio 703 regarding any investigations either by Rebecca Lankford Designs and / or Studio 703 or law enforcement authorities.

Limitations on Information Submitted

Any submission of information to use through the Website is subject to the following guidelines and restrictions:

  1. It may not contain URLs or links to any other websites (to advertise your company or website, contact our Sales department);
  2. It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material and provide proper attribution to the copyright owner);
  3. It may not contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components;
  4. It is not or could not be construed to be spam mail or any robot, spider, site search / retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
  5. It may not contain trade secrets (unless you own them or have the owner's permission to post them);
  6. It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, trade dress or trade secret rights, or any other Marks;
  7. It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, derogatory, bigoted, or hateful;
  8. It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
  9. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
  10. You may not solicit money, investments or make any offering of securities or investments;
  11. You may not submit chain letters or pyramid schemes;
  12. You may not subjmit opinions or notices, commercial or otherwise.

Monitoring of Information

Rebecca Lankford Designs and / or Studio 703 does not assume any obligation to review or monitor the content or other information submitted to the Website. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, we may in our discretion review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever.

Rights to Information

Except for information necessary to place an order, we do not want to receive any confidential or proprietary information or trade secrets through the Website. Any information, materials, suggestions, ideas or comments you send to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you, subject to the Privacy Notice. However, we will not use your name unless it is required by law to indentify the source of the materials, information, suggestions, ideas or comments, or unless your permission is first obtained.

Product Orders

Quantity Limits & Dealer Limits

We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household, or per order. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and / or shipping address, or are placed by dealers.

Submission of Your Order

You understand that by submitting your order, you agree to abide by the Terms of Use and Privacy Notice. You also acknowledge that you have read, accept, and agree to abide by Rebecca Lankford Designs and / or Studio 703 return policies.

Acceptance of Your Order

You will not be charged until your order is verified, payment authorized, and your order has entered the shipping process. Rebecca Lankford Designs and / or Studio 703 reserves the right to decline your order at its sole discretion. Some of the reasons your order may be declined are if the goods are unavailable, if pricing is in error, or if there are problems concerning credit or an issue of fraud is detected. We will contact you if your order is declined or if we need more information. If your order is declined, we will credit your credit card for any amount charged with respect to such order.

Miscellaneous

The Terms of Use and Privacy Notice for the Website constitutes the entire understanding between Rebecca Lankford Designs and / or Studio 703 and you with respect to the use of the Website. We control and / or operate the Website from offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Terms of Use and / or Privacy Notice shall be construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules, and you hereby submit to the personal jurisdiction of the federal and state courts located in Texas. No waiver by us of any breach or default under the Terms of Use and / or Privacy Notice shall be deemed to be a waiver of any preceding or subsequent breach or default. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of the Terms of Use or Privacy Notice is found to be unenforceable for any reason, than such provision shall be deemed severable from the Terms of Use or the Privacy Notice, as the case may be, and shall not affect the validity and enforceability of any remaining provisions.

Procedure for Making & Responding to Claims of Copyright Infringement

We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to Website's designed agent noted below (the "Designated Agent"). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.

In order to give effective notification of a claim of copyright infringement by a third party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of copyright work, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Website to locate the material; (4) information reasonably sufficient to permit the Website to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of claims of copyright infringement can be reached as follows:

By mail:
Rebecca Lankford Designs / Studio 703
703 Yale Street
Houston, Texas 77007
Attention : Legal Dept.

With notification to:
Ramey, Chandler, Quinn, & Zito, P.C.
One Bering Park ; 750 Bering Drive Suite 600
Houston, Texas 77057
Attention: Brian M. Chandler

By E-mail:
CustomerCare@RebeccaLankfordDesigns.com

With notification to:
bmc@ramey-chandler.com

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

Information You Provide to Rebecca Lankford Designs and / or Studio 703 via this Website

If you choose to provide any personal information via this Website, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Notice.

In order to facilitate communications between you and Rebecca Lankford Designs and / or Studio 703, this Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. Rebecca Lankford Designs and / or Studio 703 shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.

Viruses & Transmission of Sensitive Information

Rebecca Lankford Designs and / or Studio 703 cannot and does not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively "viruses"). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. Rebecca Lankford Designs and / or Studio 703 does not assume any responsibility or risk for your use of the Internet, nor does Rebecca Lankford Designs and / or Studio 703 assume any responsibility for any products or services or hyperlinks to third parties.

Intellectual Property

Rebecca Lankford Designs and / or Studio 703 owns any and all intellectual property rights to the Rebecca Lankford Designs and / or Studio 703 brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and / or other Text and Graphics that has or provides the "look and feel" of the Rebecca Lankford Designs and / or Studio 703 brand image, as well as all fothe Text, Graphics, Programming, photographs, video and audio contained herein (the "Intellectual Property"). Your use of the Website does not grant you any rights or licenses relating to the Rebecca Lankford Designs and / or Studio 703 Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, suigeneris rights and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of use. All product names, names of services, trademarks and service marks ("Marks") are the property of their respective owners, as indicated.

None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell or distribute the Content, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming.

Disclaimer of Warranties & Limitations of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and the obligations and liability of us in respect of your use of the Website, is expressly limited as follows:

Disclaimer of Warranties

The website is provided "as is" and without any warranty whatsoever. We disclaim any and all express and implied warranties whatsoever, including without limitation, the warranties of merchantability, title, non-infringement of third parties rights, and fitness for particular purpose. Your use of this website and reliance on any of its content is at your own risk.

Rebecca Lankford Designs and / or Studio 703 does not warrant that the functions or content contained in this website will be uninterrupted or error-free. You and not Rebecca Lankford Designs and / or Studio 703 assume the cost of all necessary servicing, repair, or correction in the event that there is any loss or damage arising from or in connection with the use of this website or its content. Rebecca Lankford Designs and / or Studio 703 does not warrant or make any representation whatsoever regarding use, or the result of use, of the content of this website related to accuracy, reliability or otherwise. The content of this website may include errors (including, without limitation, technical or typographical errors), and Rebecca Lankford Designs and / or Studio 703 may make changes or improvements to this website at any time.

Neither Rebecca Lankford Designs and / or Studio 703 nor any other person or entity associated with the design or maintenance of this website shall be held liable or responsible in any way for any damage, loss, injury, or malfunction associated with your use of this website.

Limitation of Liability

In no event shall Rebecca Lankford Designs and / or Studio 703 and its subsidiaries, affiliates, related companies, supplies, advertisers, sponsors, third party service providers, and their respective employees, officers, directors, and agents be liable for any incidental, consequential, punitive, indirect or special damages, (including lost profits and damages or viruses that may infect your computer equipment on account of your access to, use of, browsing, or downloading of any materials, data text, images, video or audio from the website) whether based on warranty, contract, tort, or any other legal theory, and whether or Rebecca Lankford Designs and / or Studio 703 advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in this paragraph may not apply to you. If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of Rebecca Lankford Designs and / or Studio 703 to you for any type of damages shall be limited to the greater of the actual amount paid by you for any services offered on the website or U.S. $100.00.

Release & Indemnification

You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release Rebecca Lankford Designs and / or Studio 703 and each of its officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Website or (2) the use of any information accessed by you from this Website.

You agree to indemnify and hold Rebecca Lankford Designs and / or Studio 703 and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees and costs of suit, made by any third party due to or arising out of (1) your use of this Website, (2) information that you submit, transmit, or otherwise make available via this Website, or (3) your breach of this Terms of Use.

You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of action, damages, costs and expenses, including but not limited to, attorneys' fees and costs of suit, arising out of your breach of these Terms of Use.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore some of the exclusions and / or limitations stated about may not apply to you.

Miscellaneous

Entire Agreement. These Terms of Use constitute the entire agreement between you and Rebecca Lankford Designs and / or Studio 703 governing your use of this Website, superseding any prior agreements between you and Rebecca Lankford Designs and / or Studio 703 with respect to this Website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain services of Rebecca Lankford Designs and / or Studio 703.

Choice of Law. Your use of this Website and any dispute arising out of or in connection with this website shall be governed by the laws of the State of Texas without giving any effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of Texas. You agree to submit to the personal and exclusive jurisdiction of the courts located in Texas. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.

Waiver and Severability. The failure of Rebecca Lankford Designs and / or Studio 703 to enforce any right of the provisions in the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms of Use, and the Terms of use shall be construed without regard to the invalid, illegal, or unenforceable provision.