This website and the products and services of H WILLIAMS, LLC and its affiliates (collectively, “H WILLIAMS”) available via this website (collectively, the “Site”) are provided subject to the terms set forth herein. If you visit the Site, you agree to be bound by these Terms of Use.
H WILLIAMS, LLC reserves the right to make changes at any time to the Site or these Terms of Use. Any modifications to these Terms of Use will be effective upon posting. Your continued use of the Site following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.
Trademarks and Copyrights
H WILLIAMS, LLC, H WILLIAMS DESIGN, HW logo and other marks displayed on the Site are the proprietary trademarks or service marks of H WILLIAMS, LLC or third parties. H WILLIAM’s marks may not be used in connection with any product or service that is not H WILLIAMS’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit H WILLIAMS, LLC. All trademarks and service marks not owned by H WILLIAMS, LLC that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by H WILLIAMS, LLC. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the respective owner thereof.
All content of the Site, including, but not limited to, works of authorship, software, design, text, graphics, images, photos, sound recordings, product descriptions, pricing information, drawings, logos, button icons, videos and data compilations; any improvements or modifications to such content; any derivative works based on the foregoing; and the collection, arrangement and assembly of all content of the Site, are the property of H WILLIAMS LLC or its licensors and are protected by United States and international copyright and other intellectual property laws.
Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of H WILLIAMS or any other person.
Use of the Site
The Site may include information regarding H WILLIAMS LLC its products and services, photos, product descriptions, pricing information and other information and materials proprietary to H WILLIAMS, LLC or its licensors, as well as links to third party websites. You may download, view, copy and print information, materials and any other aspect of the Site (i) solely for your personal, non-commercial informational purposes; and (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered.
You agree not to upload on or transmit to or via the Site any information which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law or regulation.
You agree you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the computer system of any other Site user. You further agree not to take any other action in connection with your use of the Site which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the Site.
You agree to access the Site through a web browser, and specifically agree not to use any third party applications to access the Site or any page of the Site. You further agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You additionally agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any information or content on the Site, including any photos or product descriptions, without the prior written permission of H WILLIAMS, LLC or its licensors. In addition, you agree not to link to any page of the Site other than the home page located at www.hwilliamsdesign.com.
Unauthorized Use of the Site
H WILLIAMS, LLC reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including without limitation any content thereof. H.WILLIAM’s decision not to pursue legal action for any violation of these Terms of Use shall not be construed as a waiver of any of these Terms of Use or the legal rights of H WILLIAMS, LLC.
Online Purchases
The Site includes images, pricing information and descriptions of products that may be purchased via the Site. All images, pricing information and descriptions of products listed on the Site are the sole and exclusive property of H WILLIAMS, LLC or its licensors. H WILLIAMS, LLC does not warrant or guarantee that product descriptions or other content of the Site are accurate, complete, reliable, current, or error-free. All product descriptions, product prices, and product availability are subject to change at any time, without notice to you.
Access Method
In order to facilitate the purchase of our products, customers have the option to register for an account via the Site. If you register for an account with H WILLIAMS, LLC, you acknowledge you are fully responsible for all activities that occur through the use of any password, user ID or other access methods (each, an “Access Method”) you may be granted as a registered customer of H WILLIAMS, LLC, whether or not such use is authorized by you. You agree not to access or attempt to access any password-protected portions of the Site without an authorized Access Method or through any means other than by utilizing your authorized Access Method on the appropriate web page or web tools.
Customers
H WILLIAMS, LLC does not permit users under 18 years of age to purchase products via the Site. By registering for an account with H WILLIAMS, LLC and/or purchasing products via the Site, you represent that you are at least 18 years of age, and have the right to form legally binding contracts and to perform your obligations hereunder.
Privacy
The terms of the H WILLIAMS, LLC Privacy Notice are hereby incorporated as part of these Terms of Use. H WILLIAMS, LLC Privacy Notice.
Feedback
Except to the extent otherwise expressly provided by H WILLIAMS any and all comments, feedback, reviews, information or other materials posted or submitted to H WILLIAMS through or in association with the Site (collectively, “Feedback”) shall be considered non-confidential and H WILLIAMS’s property. By submitting such Feedback to H WILLIAMS, you agree that you assign to H WILLIAMS, without charge, all worldwide rights, title and interest, including copyrights and any and all other intellectual property rights, in and to such Feedback, and that H WILLIAMS shall be free to use such Feedback in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you.
H WILLIAMS Does Not Endorse Comments of Users
H WILLIAMS does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Site. Any information or materials placed on the Site by third parties are the views and responsibility of those who post the statements, and do not necessarily represent the views of H WILLIAMS.
Third Party Advertisements and Links to Third Party Sites
You acknowledge that, at any time, the Site may include links to the websites of third parties. Additionally, the Site may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to the sites of such advertisers. H WILLIAMS is not responsible for the content of such advertisements or any links, or any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by Konvict of the advertisement or linked site or any content therein. IN NO EVENT WILL H WILLIAMS BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.
Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, OR ANY INFORMATION, CONTENT, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, H WILLIAMS MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE, OR ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, H WILLIAMS DOES NOT REPRESENT OR WARRANT THAT ANY OF THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND KONVICT IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER, H WILLIAMS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL KONVICT OR THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF H WILLIAMS, LLC (COLLECTIVELY, THE “H WILLIAMS PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold the H WILLIAMS Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs) incurred by any of the H WILLIAMS Parties arising from or in connection with (i) your use of the Site or any content, information, products or services contained, displayed or available therein; (ii) your violation of these Terms of Use; (iii) any Feedback provided by you to H WILLIAMS; or (iv) your violation of any rights of any third party.
Modification or Discontinuance of the Site by Konvict
At any time, without notice to you, and for any or no reason, H WILLIAMS may modify or discontinue the Site. HWILLIAMS shall in no way be held liable for any consequence which results from H WILLIAMS’s decision to modify or discontinue providing the Site.
Denial of Access
Konvict may prohibit you from using or accessing the Site for any or no reason, at any time, in its sole discretion, without notice to you.
Governing Law
The laws of the State of New York will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of the Terms of Use or your use of the Site and/or the Wholesale Website shall be brought in state or federal court in New York, New York, and you hereby irrevocably consent to the jurisdiction of such courts.
Miscellaneous
You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. H WILLIAMS’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless H WILLIAMS agrees to such waiver in writing.
If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use set forth the entire understanding between you and H WILLIAMS with respect to the subject matter hereof and supersede any and all prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and H WILLIAMS with respect to such subject matter.
Contact
If you have any questions relating to these Terms of Use, the Site or H WILLIAMS, please contact: info@hwilliamsdesign.com.
Notice and Procedure for Making Claims of Intellectual Property Infringement
H WILLIAMS respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide H WILLIAMS the written information specified below. Please note that this procedure is exclusively for notifying H WILLIAMS that your intellectual property rights have been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
H WILLIAMS’s agent for notice of claims of copyright infringement or other intellectual property infringement can be reached as follows:
Intellectual Property Agent
H WILLIAMS LLC
info@hwilliamsdesign.com