Terms & Conditions

 

ETHEL GLOVES reserves the right to modify these Terms of Use at any time. You agree to review these Terms of Use periodically to be aware of such modifications and that your continued use of the website shall be deemed to be your conclusive acceptance of any modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this website.

 

The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of ETHEL GLOVES. The collective work includes works that are licensed to ETHEL GLOVES. Copyright 2008, ETHEL GLOVES. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with ETHEL GLOVES or to purchase ETHEL products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by ETHEL GLOVES in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.

 

All trademarks, service marks and trade names of ETHEL GLOVES used in the website (including but not limited to the ETHEL name, the flower petal design are trademarks or registered trademarks of ETHEL GLOVES. They may not be used without ETHEL GLOVES’ prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of ETHEL GLOVES and/or its licensors.

 


All orders placed through the website are subject to ETHEL GLOVES’ acceptance, which is in its sole discretion. Without limitation, this means that ETHEL GLOVES may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, ETHEL GLOVES shall issue a credit to your credit card account. Please note: Your payment will show up as 'QGT Ltd' on your credit card bill or bank statement this refers to our e-commerce provider here in the UK, Quality Garden Tools Ltd.

 


The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon ETHEL GLOVES’ actual knowledge of facts or circumstances from which infringing material or acts are evident. ETHEL GLOVES’ copyright agent for notice of claims of copyright infringement can be reached as follows: 

Name: Legal Department (Copyright)
Address: 28525 Witherspoon Parkway Valencia, CA 91355 
Telephone: 877-ETH-GLVS 
Fax: 661-554-7062 

We suggest that you consult your legal advisor before filing a notice with ETHEL GLOVES’ copyright agent. You should note that there can be penalties for false claims under the DMCA. 

ETHEL GLOVES may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website.

 

In an attempt to provide increased value to our visitors, ETHEL GLOVES may link to websites operated by third parties. However, even if the third party is affiliated with ETHEL GLOVES, ETHEL GLOVES has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of ETHEL GLOVES. These linked websites are only for your convenience and therefore you access them at your own risk. ETHEL GLOVES seeks to protect the integrity of the website and the links placed upon it and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from the Website before you use such third-party website.

 

You agree to indemnify, defend, and hold harmless ETHEL GLOVES, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.

 

ETHEL GLOVES is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the website is described in our Privacy Policy. 

 

THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ETHEL GLOVES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ETHEL GLOVES DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ETHEL GLOVES DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

ETHEL GLOVES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ETHEL GLOVES FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

 

ETHEL GLOVES SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF ETHEL GLOVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, ETHEL GLOVES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, ETHEL GLOVES’ LIABILITY SHALL IN NO EVENT EXCEED US$100.00. 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

These terms and conditions are applicable to you upon your accessing the website. ETHEL GLOVES reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, ETHEL GLOVES may terminate these terms and conditions, or any part of them, without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. 

 

Last modified April 12, 2012