Welcome to chazerlydesigns.com, the multi-branded website serving the U.S. versions of: crystalhouse1.com; Beyondaprettypicture.com; and Nieponskigallery.com; Glimpseintoafrica.com; and Cdmemorials.com These sites are owned by CHAZERLY DESIGNS’, INC. which provides you, as a visitor to or customer of these sites, with access to and use of these sites subject to your compliance with the terms and conditions set forth below, including all documents, policies, and guidelines incorporated herein (the "Agreement"). You should read this agreement carefully before browsing, using, or ordering products or services on our Sites.
The use of these Sites is governed by terms, provisions and conditions set forth herein and by entering these Sites you agree to be bound by all such terms, provisions and conditions. Please read them carefully. You are responsible for reviewing and becoming familiar with these terms.
By entering these Sites, you acknowledge that (I) you have read and understand these terms and that you agree to be bound by these terms, provisions and conditions as same may be amended from time to time and (ii) the disclaimer, limitation of liability and indemnity provisions set forth in these terms, provisions and conditions are an agreed upon allocation of risk and form an essential part of our agreement to permit you to use these sites, without which agreement CHAZERLY DESIGNS’, INC. would not enter into this agreement or permit you to use these sites. If you do not agree to be bound by the terms, provisions and conditions herein, you are directed to discontinue your use of these sites immediately.
This Agreement does not alter in any way the terms or conditions of any other written or on-line agreement you may have or will have with CHAZERLY DESIGNS’, INC... CHAZERLY DESIGNS’, INC.reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on these sites, along with the effective date of changed or modified Agreement. Any changes or modifications will be effective upon posting of the new Agreement on these sites as revised, and your access to or use or browsing of our Sites following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.
AVAILABILITY TO U.S. RESIDENTS
These sites are intended only for the use of persons residing in the United States, and for delivery of products and services within the United States
LICENSE AND TERMS OF SITES ACCESS
Limited License: CHAZERLY DESIGNS’, INC. grants you a limited license to access and make personal, non-commercial use of our Sites and the content displayed on it. Any other redistribution, retransmission, copying, or publication of any content from these sites is strictly prohibited without the express written consent of CHAZERLY DESIGNS’, INC... Our grant of this limited license does not include, without limitation: (1) any resale or commercial use of these sites or any of its content; (2) the collection and use of any product or service listings or descriptions; (3) making derivative uses of these sites or any of its contents; or (4) use of any data mining, "spiders," "robots," "wanderers," or similar data gathering and extraction methods. Except as noted above, CHAZERLY DESIGNS’, INC.does not grant to you any right or license by implication, estoppels, or otherwise in or under any copyright, trademark, service mark, registered trademark, or proprietary right of CHAZERLY DESIGNS’, INC. or any third party. See the Copyright and Trademarks and Service Marks sections below for further information.
Framing and Tagging: CHAZERLY DESIGNS’, INC. grants you a limited license to access and make personal, non-commercial use of our Sites and the content displayed on it. Any other redistribution, retransmission, copying, or publications of any content from these Sites are strictly prohibited without the express written consent of CHAZERLY DESIGNS’, INC... Our grant of this limited license does not include, without limitation: (1) any resale or commercial use of these sites or any of its content; (2) the collection and use of any product or service listings or descriptions; (3) making derivative uses of these sites or any of its contents; or (4) use of any data mining, "spiders," "robots," "wanderers," or similar data gathering and extraction methods. Except as noted above, CHAZERLY DESIGNS’, INC. does not grant to you any right or license by implication, estoppels, or otherwise in or under any copyright, trademark, service mark, registered trademark, or proprietary right of CHAZERLY DESIGNS’, INC. or any third party. See the Copyright and Trademarks and Service Marks sections below for further information.
Harmful Content: By using these sites, you agree not to submit or disseminate any harmful message, data, information, text or other material, including without limitation, viruses, "Trojan horses," "worms," "time bombs," "zombies," "cancel bots," or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information of CHAZERLY DESIGNS’, INC. or any third parties.
Responsibility for Your Conduct. By using these sites, you agree not to impersonate any person or entity, otherwise misrepresent your affiliation with a person or entity, misrepresent your address or country of residence, or interfere with other users of these sites. You are solely liable for the content of any message, data, information, text, or other material you submit or transmit to these sites. Consistent with the Indemnity section below, you agree to indemnify and hold harmless CHAZERLY DESIGNS’, INC. from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this Agreement, or your violation of any rights of a third party.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. We reserve the right, at any time after receipt of your order but prior to shipment, to accept or decline your order for any or no reason. We reserve the right, at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may need to verify any information you provide to us before we accept or process any order.
Item availability and prices for all products sold on these sites are subject to change without notice. Prices for products sold on these sites may be different from the prices sold through our retail location(s). (Price changes will not be retroactively applied to any outstanding or completed orders).
Payment for the products purchased on these sites may be made by credit card. Currently, we accept the following major credit cards: Visa®, MasterCard® and American Express®, and Discover on Chazerlydesigns.com. We may from time to time modify our list of accepted credit cards. You will be required to provide us with the exact billing address and telephone number that your credit card issuer has on file for you. You may further be required to provide us with the security code on your credit card. Incorrect information may cause a delay in processing your order.
CORRECTION OF ERRORS & INACCURACIES
The information on these sites may contain typographical errors or inaccuracies and may not be complete or current. CHAZERLY DESIGNS’, INC.reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. In the event that a product is listed by CHAZERLY DESIGNS’, INC.at an inaccurate price due to typographical error or error in pricing information or for any other reason, CHAZERLY DESIGNS’, INC.shall have the right to (I) refuse or cancel any orders placed for the product listed at the incorrect price and/or (ii) refuse or cancel any such orders whether or not an order has been confirmed, in which event, CHAZERLY DESIGNS’, INC.shall offer a refund to you of previous amounts paid in respect of your purchase. The display of products on these sites shall not constitute an offer to sell.
Pictures are provided for illustration purposes only. Please note that such errors, inaccuracies or omissions may relate to descriptions, pictures, pricing and availability.
We have used our reasonable efforts to display as accurately as possible the colors of the materials shown on these sites. 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. We apologize for any inconvenience this may cause you.
SHIPPING CHARGES; TAXES
You may be responsible for charges for shipping and handling. Such charges are in addition to product cost. In certain instances, CHAZERLY DESIGNS’, INC.is required by law to charge applicable taxes. You remain responsible for the prompt and proper payment of all taxes applicable to the products shipped to you or your designee.
TITLE; RISK OF LOSS
Title to products shipped passes from CHAZERLY DESIGNS’, INC.to you on the date of shipment from us.
All content, copyrighted materials, and copyrightable materials on these sites, including, without limitation, the Crystal House, Nieponski Gallery, Beyond a Pretty Picture, Glimpse into Africa, and CD Memorials logos, designs, text, graphics, pictures, sound files and other files, page layouts, and the selection and arrangement thereof ("Materials") are ALL RIGHTS RESERVED Copyright © 2012 CHAZERLY DESIGNS’, INC. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CHAZERLY DESIGNS’, INC. CHAZERLY DESIGNS’, INC. grant you permission to display, copy, distribute, and download the Materials on these Sites for personal, non-commercial, and informational use only, provided that you may not, without the permission of CHAZERLY DESIGNS’, INC. (1) copy, publish, or post any Materials on any computer network or broadcast or publications media, (2) modify the Materials, or (3) remove or alter any copyright and other proprietary notices contained in the Materials.
TRADEMARKS AND SERVICE MARKS
All marks and logos featured in these Web Sites-including, but not limited to, "crystal House®," "Nieponski Gallery," "Chazerlydesigns.com", "Beyond a Pretty Picture®," "Glimpse into Africa®," "CD Memorials," are either trademarks, service marks, or registered trademarks of CHAZERLY DESIGNS’, INC. and used under license by CHAZERLY DESIGNS’, INC.. These trademarks, service marks, and registered trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of CHAZERLY DESIGNS’, INC. All page headers, Chazerly Designs, Crystal House, Nieponski Gallery, Chazerlydesigns.com, beyondaprettypicture.com and crystalhouse1.com, CD Memorials, cdmemorials.com, Glimpseintoafrica.com custom graphics, buttons, icons, and scripts are either trademarks, service marks, and/or trade dress of CHAZERLY DESIGNS’, INC. and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CHAZERLY DESIGNS’, INC. trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits CHAZERLY DESIGNS’, INC.
All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CHAZERLY DESIGNS’, INC.
Limited Right to Link to the sites: Subject to the restrictions in this Agreement, including without limitation those in the License and Terms of Site Access section above, CHAZERLY DESIGNS’, INC. grants to you a limited, nonexclusive right to create a hypertext link ("link") to the home page of these sites so long as your link does not portray CHAZERLY DESIGNS’, INC.or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use a CHAZERLY DESIGNS’, INC.design, logo, or other proprietary graphic, trademark, or registered trademark to link to these sites without the express written permission of
CHAZERLY DESIGNS’, INC.
PRODUCT AND SERVICE DESCRIPTIONS, PRICING, AND AVAILABILITY
With respect to its offering of information, products, and services on the sites, CHAZERLY DESIGNS’, INC. attempts to be as accurate as possible. Nevertheless, CHAZERLY DESIGNS’, INC. does not warrant that information, product or service descriptions, product availability, or other content of these sites is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or causes that a product or service offered on these sites may be mispriced, described inaccurately, or unavailable. In the event CHAZERLY DESIGNS’, INC. determines that a product or service is mispriced or described inaccurately, CHAZERLY DESIGNS’, INC. reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. You agree to notify CHAZERLY DESIGNS’, INC. immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through these sites and comply with any corrective action taken by CHAZERLY DESIGNS’, INC...
For products ordered on these sites, CHAZERLY DESIGNS’, INC. will ship only to U.S. addresses, excluding Puerto Rico, Guam, the U.S. Virgin Islands, U.S. post office box addresses, and APO addresses. Shipments to Alaska and Hawaii require Express Shipping. CHAZERLY DESIGNS’, INC. reserves the right to impose a shipping surcharge for certain large items, as identified on their corresponding product pages. For further information on our shipping policies, please see the Shipping Options and Costs section of our Frequently Asked Questions page.
For products ordered on these sites, CHAZERLY DESIGNS’, INC.will provide to the purchaser a refund or exchange so long as the merchandise returned is new, unused, returned to CHAZERLY DESIGNS’, INC.within 30 days of the date of purchase, and accompanied by a properly completed returns form (provided to the purchaser with any CHAZERLY DESIGNS’, INC.product shipment). For gifts, CHAZERLY DESIGNS’, INC. will provide to the gift recipient a gift certificate redeemable for products and services on Waterford.com and Wedgwoodusa.com web sites only, so long as the merchandise returned is new, unused, and accompanied by a properly completed returns form, including the gift recipient's e-mail address. If the gift recipient fails to provide CHAZERLY DESIGNS’, INC.with his or her e-mail address, the purchaser's account will be credited for the product returned. CHAZERLY DESIGNS’, INC.requires a properly completed returns form and prepaid shipping charges or postage for any and all returns, and will accept and process returns only for purchases made using these sites. CHAZERLY DESIGNS’, INC.undertakes no obligation to accept returns for products purchased on third-party Web sites or in a physical retail store, or to accept returns for personalized products, including but without limitation engraved CHAZERLY DESIGNS’, INC.products. For more information about our returns policies, please see the Returns section of our Frequently Asked Questions page.
"As Is" and "As Available" Basis: These sites and the materials contained therein are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, as to the operation of these sites or the information, content, materials, products or services included on these sites. You expressly agree that use of these sites, including all content, data or software distributed by, downloaded or accessed from or through these sites, is at your sole risk and responsibility.
Warranty Disclaimer: EXCEPT FOR SUCH EXPRESS WRITTEN AND PRODUCT-SPECIFIC WARRANTIES AS MAY BE MADE TO A PURCHASER, CHAZERLY DESIGNS’, INC.DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THESE SITES. CHAZERLY DESIGNS’, INC.DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THESE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THESE SITES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. CHAZERLY DESIGNS’, INC.IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE CHAZERLY DESIGNS’, INC.ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THESE SITES IS SAFE, CHAZERLY DESIGNS’, INC.CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THESE SITES OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE
MEET CUSTOMER'S REQUIREMENTS.
CHAZERLY DESIGNS’, INC.reserves the right to change any and all content contained on these sites at any time without notice. Reference to any non- CHAZERLY DESIGNS’, INC.products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise is for information purposes only and does not constitute or imply endorsement, sponsorship or recommendation thereof by CHAZERLY DESIGNS’, INC.Your Responsibility and Risk: It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, and other information provided on or through these sites or on the Internet generally.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CHAZERLY DESIGNS’, INC.BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THESE SITES OR THE CONTENT, MATERIALS, INFORMATION, TRANSACTIONS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THESE SITES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THESE SITES OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THESE SITES, EVEN IF CHAZERLY DESIGNS’, INC.OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, CHAZERLY DESIGNS’, INC.liability is limited to the greatest extent permitted by law.
You shall indemnify, defend and hold harmless CHAZERLY DESIGNS’, INC. s and their respective shareholders, directors, members, managers, officers, employees and agents from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), arising out of, resulting from, or in connection with, your use of these sites and/or any third party sites and/or your use of the products obtained from CHAZERLY DESIGNS’, INC..
The provisions of the Product and Service Descriptions and Pricing, Disclaimers, Limitation of Liability, and Indemnity sections above are for the benefit of CHAZERLY DESIGNS’, INC.and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to these sites. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
GOVERNING LAW; SEVERABILITY, VENUE
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS. YOU AGREE THAT VENUE IN ANY ACTION OR PROCEEDING COMMENCED PURSUANT TO THIS AGREEMENT SHALL LIE IN THE STATE OF ILLINOIS, COUNTY OF DUPAGE AND YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.
If any provision or portion thereof set forth in these terms, provisions and conditions is found to be unlawful, void or, for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision.
To the extent permitted by applicable law, you agree, that, by using these sites, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of, in connection with, or relating to, your use of these sites and/or these terms, provisions and conditions must be filed within one (1) year after the claim or cause of action accrued or such claim or cause of action shall forever be barred.
Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use these sites after this Agreement has been terminated. The sections of this Agreement entitled Copyright; Trademarks and Service Marks; Submissions; Disclaimers; Limitation of Liability; Indemnity; Third-Party Rights; Governing Law; Severability, Venue; Termination; Enforceability and Admissibility; and Waiver, Modification, and Assignment shall survive any termination of this Agreement.
ENFORCEABILITY AND ADMISSIBILITY
This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
WAIVER, MODIFICATION, AND ASSIGNMENT
WWRD US's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right thereof. Neither the course of conduct between the CHAZERLY DESIGNS’, INC. and a user of these sites nor trade practice shall act to modify any provision of this Agreement CHAZERLY DESIGNS’, INC. may assign its rights and duties under this Agreement to any party at any time without notice to you.