Garland Collections

curating art for your home

Terms of Use

GARLAND COLLECTIONS, INC.

TERMS OF USE

Last Updated Date: October 21, 2021

PLEASE READ THESE TERMS OF USE (THESE “TERMS”) CAREFULLY.  

By accessing this site (the “Site”), you agree to the following Terms of Use (“Terms”). If you do not agree, you should exit the Site and not use it further. As used herein, the words “you” and “your” mean users of the Site and the words “we,” “our,” and “Garland” mean Garland Collections, Inc., the owner and operator of the Site.

This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, signing up for our mailing list or purchasing a product, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

  1. Changes to Terms

We reserve the right to revise these Terms at any time by updating this posting, and also to modify or terminate any products, services or features on the Site at any time without prior notice, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes. All products, services or features available on or through this Site are subject to these Terms.

  1. Access to Site

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Site; and
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
  1. Product Purchases

You may purchase products through this Site (the “Product”). In order to purchase Product, you will be required to agree to our Terms of Purchase.  All such Product is copyrighted work of Garland or its affiliates. The Product is made available for purchase, and for use by you, solely in accordance with and subject to the Terms of the Purchase.  

  1. Privacy

Disclosure and use of information obtained from you is subject to Garland’s Privacy Policy.

  1. Reliance on Information Posted; Third Parties

We use reasonable efforts to include accurate and up-to-date information in the Site, but makes no warranties as to its accuracy or completeness. We have not reviewed any sites linked to the Site and are not responsible for the content of any off-Site pages or any sites linked to the Site. Your access to, and use of, the Site, including your linking to any other off-Site pages or other sites, are at your own risk.

Any merchandise, coupons, offers, products or services offered to you through links to the Site are provided by third parties who are not affiliated with Garland. We do not endorse any third-party sites or any offers available through any such sites. We have no responsibility for any transactions and communications between you and any third party, including but not limited to any personal information you may choose to provide to any third party. 

  1. Disclaimer of Warranties

EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PROVIDED BY LAW, GARLAND DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ANY PRODUCTS, SERVICES, FEATURES, INFORMATION OR ADVICE ON THE SITE, AS WELL AS FOR ANY SUCH ITEMS OR OTHER CONTENT AVAILABLE THROUGH ANY LINKS TO THE SITE.

  1. Disclaimer and Limitation of Liability

Garland and its affiliates and their respective directors, stockholders, members, managers, officers, employees, contractors and agents (in each case, a “Released Party”) shall not be liable, to the fullest extent provided by law, for any direct, indirect incidental, consequential, or punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Site, any websites linked to the Site, and any content of the Site or such other websites, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services or features, even if advised of the possibility of such damages or losses. Each Released Party’s maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed one dollar (US$1.00). 

  1. Indemnity and Release

As a material inducement to provide you with use of the Site, by using the Site, (i) you release each Released Party from any and all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to use of the Site or any materials downloaded from this Site and (ii) you indemnify, defend and hold each Released Party harmless from and against any and all demands, damages, liability, claims, actions, demands and costs incurred by such Released Party in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys’ fees and costs.

If you have a dispute involving the Site with a third party, you release each Released Party from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 

If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in these Terms are material bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement.  Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you.

  1. Trademarks

The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are the Trademarks of Garland, or its affiliates or licensors. All other Trademarks, publicity rights and other rights are the property of their respective owners. You do not have any license or right, by implication, estoppel, or otherwise, to use any Trademark, image or other material displayed on the Site without the written permission of Garland or the third party that may own the relevant material.

  1. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Garland, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • Access or use for any public or commercial purposes any part of the Site or any services or materials available through the Site. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

  1. Intellectual Property Infringement Claims

We will respond as quickly as practical to any claims that infringing material appears on the Site, including investigating any such claims and taking any appropriate action under applicable laws. If we receive a notice of infringement in accordance with the Digital Millennium Copyright Act (the “Act”), we will take steps to remove or disable access to the allegedly infringing material, including any links thereto. 

Notices of alleged infringement should be sent to:

Attention: 

Garland Collections, Inc.

PO Box 1095

48 Waterfield Rd

Winchester, MA 01890

To be effective, the notification must be a written communication that includes 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 the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  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 the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; 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. 

If we remove or disable access to any allegedly infringing material, we may attempt to contact the person who created that material to give that person a chance to respond. If there is a response, we will share it with the party who originally complained about the alleged infringement, and will give that party an opportunity to seek a court order or other judicial relief in accordance with the Act before we replace or restore access to the allegedly infringing material.

  1. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. 
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.
  1. Violations

Garland reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms, including but not limited to suspending or terminating access to the Site. Any failure by Garland to enforce any of our rights hereunder shall not be deemed a waiver of such rights or of any other rights.

  1. Geographic Restrictions

Garland controls and operates this Site from its headquarters in the Commonwealth of Massachusetts in the United States. Garland provides this Site only for use by persons located in the United States. Garland makes no representation or warranty that materials in the Site are appropriate or available for use in any other jurisdictions. If you use this Site from elsewhere, you are responsible for compliance with all applicable local laws.

  1. Governing Law and Jurisdiction

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to principles of the conflicts of laws. Any disputes relating hereto or to any use of this Site shall be resolved exclusively in the State or Federal Courts located in Boston, Massachusetts, and you and Garland both consent to the jurisdiction of such courts for any such disputes. 

  1. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

  1. Contacting Us

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to us by email at annabel@garlandcollections.com or by mail at Garland Collections, PO Box 1095, 48 Waterfield Rd, Winchester, MA 01890.

 

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