Flaxen + Ash (the “Company”) welcomes you to www.flaxenash.com (the “Site”).
WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE, THAT COVER YOUR USE OF THIS SITE AND ANY OTHERS OWNED AND OPERATED BY THE COMPANY AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE (the “AGREEMENT”).
BY ACCESSING, VIEWING, OR USING THIS SITE, AS WELL AS ALL RELATED WEBSITES OPERATED BY THE COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.
When you register and or voluntarily provide your personally identifiable information to the Company, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, and communications concerning new products or services, or other records of correspondence from the Company. This consent is to receive notices electronically by way of email.
USE OF SITE
This Site is provided solely for the use of current and future customers of the Company to provide you with information about the Company, to permit you to place orders for our products and services and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate
i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
ii. any advertisement, solicitation, spam, chain letter, or other similar types of information;
iii. any encouragement of illegal activity;
iv. unauthorized use or disclosure of private, personally identifiable information of others; or
v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other rights to do so.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (the “Materials”) are the property of the Company and are protected by copyrights, trademarks, trade secrets, or other proprietary rights.
The Company makes no claim in regards to its use of graphics, voice and sound recordings, artwork, photos, documents and or text that it may display that are properly licensed and attributed to others’ intellectual property rights. The company has made every reasonable effort to give proper attribution where required. If you believe that your content on this Site is in violation of your ownership rights, please see the DMCA policy information on the Site.
Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized use described above. You must provide accurate links back to the Company’s Materials if you want to display or distribute the Company’s Materials.
WE ARE GLAD TO HAVE YOU SHARE OUR CONTENT, BUT YOU MUST RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES ON ALL COPIES OF THE CONTENTS. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, the Company does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
Modification of the Company’s content and or materials provided for any other purpose is a violation of copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
INTELLECTUAL PROPERTY
All trade names, trademarks, and images and biographical information of people used in the Company content and or materials contained in the Site are either the property of, or used with permission by, the Company.
The use of Materials by you is strictly prohibited unless specifically permitted by these Terms of Use.
Any unauthorized use of Materials may violate the copyright, trademark, and other proprietary rights of the Company and or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.
Nothing contained in this Agreement or in the Site shall be interpreted as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner.
The Company respects the copyright, trademark, and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at ashley@flaxenash.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
Complete information regarding your rights under the Digital Millennium Copyright Act (DMCA) is available under our DMCA Policy.
DISCLAIMER OF WARRANTY
You expressly agree that use of this Site is at your sole risk. Neither the Company, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, the Company does not warrant reliability of any statement or other information displayed or distributed through the site. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. The Company may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.
The company makes no representations or warranties of any kind, expressed or implied, as to the operation of the site, the content, information, or the materials on this site. To the fullest extent permissible by law, The Company expressly disclaims all warranties, express or implied, of any kind, with respect to any of the materials, content, or information on this site or any goods or products or services offered, sold, or displayed on this site or your use of this site generally, including warranties of merchantability, the accuracy of the information, quality title, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to the extent such jurisdiction’s law applies to this agreement.
LIMITATION OF LIABILITIES
You agree that THe Company and its providers shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or the use of the materials, content, or information on this site, regardless of whether such liability is based in tort, contract, or otherwise.
In no event, including, without limitation, a negligent act, shall The Company or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure, or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information on this site or any other products, services, or information offered, sold, or displayed on this site, your use of, or inability to use, this site generally, or otherwise in connection with this agreement, regardless of whether The Company or any of its providers have been advised of the possibility of such damages. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
INDEMNIFICATION
You agree to indemnify and hold the Company and each of its directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages, and expenses, including reasonable attorney’s fees, arising out of or relating to
(i) your breach of this Agreement,
(ii) any violation by you of law or the rights of any third party,
(iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site,
(iv) your use of the Site or any services that the Company may provide via the Site, and
(v) your conduct in connection with the Site or the services or with other users of the Site or the services.
The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, the Company may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this Site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site.
If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form are not maintained, controlled, or otherwise governed by the Company.
The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by the Company. The Company does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by the Company.
Links do not imply that the Company or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates or subsidiaries.
Except for links to information authored by the Company, the Company is neither responsible for nor will it be liable under any theory based on
(i) any Linked Site;
(ii) any information and/or content found on any Linked Site; or
(iii) any site(s) linked to or from any Linked Site.
If you decide to visit any Linked Sites and/or transact any business with them, you do so at your own risk. The Company reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Kentucky, U.S.A., without reference to its conflict-of-law provisions. The Company makes no representation that the materials are appropriate or available for use outside the United States.
If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Company and you with respect to this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to this Site.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. The Company does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including but not limited to any consent you give to receive communications from the Company solely through electronic transmission.
When you register and or voluntarily provide your personally identifiable information to the Company, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, and communications concerning new products or services, or other records of correspondence from the Company. This consent is to receive notices electronically by way of email.
Privacy Policy
By clicking on “Submit” “Sign-up” “Buy now” “Purchase” and or any other button that has a similar meaning you are added to Flaxen+ Ash's email communication system. You may opt-out of this at any time by clicking on the “unsubscribe” button included on all email communication.
Flaxen+ Ash (the “Company”) respects the privacy concerns of the users of its website, http://flaxenash.com and the services provided therein (the “Site”). The Company thus provides this privacy statement to explain what information is gathered during a visit to the Site and how such information may be used.
All website users must be at least 18 years old or of necessary age in their country of residence.
Use of Information: As a general policy, no personally identifiable information, such as your name, address, or e-mail address, is automatically collected from your visit to the Site. However, certain non-personal information is recorded by the standard operation of the Company’s internet servers. Information such as the type of browser being used, its operating system, and your IP address is gathered in order to enhance your online experience.
The Site’s various mailing lists, downloads, special offers, contests, registration forms, and surveys may request that you give me contact information such as your name, mailing and/or e-mail address, demographic information such as your age and gender, and personal preference information such as your preferred software and interests. Information submitted at the time of submission will be used by the Company only as necessary for our legitimate business interests, including without limitation the improvement of our products, services and the contents of the Site.
Personally identifiable information is never sold or leased to any third parties. With your permission, I may use your contact information to send you information about our company and products. You may always opt-out of receiving future mailings as provided below. The Company does not store any credit card information it may receive in regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by a user.
The Company may disclose user information in special cases when I have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the Company’s rights or property, other users of the Site, or anyone else that could be harmed by such activities.
Children: My Sites are not intended for individuals under the age of 18. I do not collect or maintain information from anyone known to be under the age of 18, and no part of this website is designed to attract anyone under the age of 18. I do not sell products or services intended for purchase by children. If you are under 18, you may only use the Sites under the supervision of a parent or guardian. If I discover or are otherwise notified that we have received any such information from a child in violation of this policy, I will delete that information.
Use of Cookies: Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record keeping purposes. Cookies make using my Site easier by, among other things, saving your passwords and preferences for you. These cookies are restricted for use only on my Site, and do not transfer any personal information to any other party. Most browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Site may not function properly or may be considerably slower.
Malware/Spyware/Viruses: Neither the Company nor the Site knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.
Links to External Sites: The Company is not responsible for the content or practices of third party websites that may be linked to the Site. The Company is also not responsible for any information that you might share with such linked websites. You should refer to each website’s respective privacy policy and practices prior to disclosing any information.
Comment Areas: Guests of Flaxen+ Ash are solely responsible for the content of messages they post on the Company’s forums, such as blog comments. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the comment areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.
Choice/Opt-Out: The Site may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. You always have the option of removing your name from any e-mail list in order to discontinue any such future communications. In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive. If you are unsuccessful in completing the instructions specified in any such communication, please e-mail us at ashley@flaxenash.com, including a copy of the undesired email attached to the request, and state you wish to be removed from the mailing list.
Contact Information for Complaints or Concerns: If you have any complaints or concerns about Flaxen+ Ash or about this privacy statement, please contact ashley@flaxenash.com.
Information provided by you via general e-mail inquiries to Flaxen+ Ash such as your e-mail address is used only to respond to your inquiries in the ordinary course of business, and is never shared with third parties.
Security: Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while I strive to protect your personal information, Flaxen+ Ash cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to Flaxen+ Ash, you accept that you do so at your own risk.
Your Acceptance of These Terms: By using the Site, you accept the policies and restrictions set forth in this Online Privacy Policy. If you do not agree to this policy, please do not use Flaxen+ Ash. This Online Privacy Policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Online Privacy Policy to which you are bound.
This Privacy Policy was last updated on: 6/15/2020.
Should I update, amend or make any changes to this license, terms and conditions of use or privacy policy, those changes will be posted here.
