Privacy Policy

This Privacy Policy explains how Modern Accessories (doing business as Christine Ryan Designs) collects, uses, maintains and discloses information collected from users and describes the personal information we collect through the website – www.christine-ryan.com.  

The terms “we”, “us”, and “our” refer to Modern Accessories or Christine Ryan Designs (the “Company”).  The term “Site” refers to christine-ryan.com.  The term “User,” “you” and “your” refers to site visitors, customers and any other users of the site. 

Use of the Site, including all materials presented herein and all online services provided by Company, is subject to this Privacy Policy.  This Privacy Policy applies to all site visitors, customers and all other users of the Site.  By using this Site, you agree to the terms, without modification, of this Privacy Policy.  If you do not agree with the practices described in this Privacy Policy, please do not provide us with your personal information or interact with the Site.

Personal Identifying Information (“PII”)

PII means information about you that specifically identifies you.  This includes the following types of information:  your name, physical address, email address, telephone numbers, demographic information (e.g. date of birth, age, gender), payment card number, expiration date, and card verification number.

Non-Personal Identifying Information

We may collect non-personal identifiable information (“NII”) about Users whenever they interact with this Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

How We Collect Your Information

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device.  Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”. 

We collect Device Information using the following technologies: 

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly. Currently, we do not alter our data collection and use practices in response to Do Not Track signals. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

  • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

  • “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

  • Advertising and remarketing tools - we use Facebook pixels for remarketing and advertising. In order for this to happen, Facebook technology ("pixels") that is activated when a visitor lands on a web page and a unique "cookie" is placed in their browser.

  • Analytics - we use Google Analytics to help us understand how you engage with our website. Google uses cookies to tract visitor interactions on our website. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page.

We also collect personal identification information from Users when Users visit our site, register on the site, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site.  Users may be asked for, as appropriate, a name and an email address.

 

Communication Through Comments

Our website may offer the capability for users to communicate with us and each other through comments on posts on our website.  We take reasonable steps to monitor and filter what is posted on our website and in the comments field, however, we do not encrypt such information.  If you choose to post on our website, you should use care when exposing any PII as such information is not protected by our privacy policy nor are we liable should you choose to disclose your PII through such postings.

 Children’s Information

We follow the Children’s Online Privacy Protection Act (COPPA).  Our website is not designed for use by anyone under the age of 13.   We do not knowingly collect PII from a child under the age of 13.  Please contact us if your child has provided personal information to us and we will delete the information.  If we discover on our own that a child under 18 has been accessing our website, we will delete this information soon after we discover it.

How We Use Collected Information

We will use this information to:

  • operate, maintain and improve the Site and our services;

  • provide you with interest-based communication, offers, and promotions for products and services from us;

  • process transactions and send you related information, including confirmations and receipts;

  • respond to your comments, questions and requests and provide customer service;

  • perform analytics and conduct consumer research;

  • send you reminders, security alerts, technical notices, updates, support and administrative messages, service bulletins, marketing messages, and requested information; and

  • provide news and information we think will be of interest to you.

Business Transfers or Company Changes

The Company reserves the right to disclose, transfer, or license any and all information related to the Site, including PII, to a subsequent owner, co-owner or operator of one or more of the Sites or any portion or operation related to part of one or more of the Sites; or in connection with a corporate merger, consolidation, or restructuring, the sale of substantially all of our interest and/or assets or other corporate change, including, without limitation, during the course of any due diligence process.

How We Protect Your Information

We adopt appropriate and industry-standard encryption data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.  However, no method is transmission over the Internet, or method of electronic storage, is 100% secure.  Therefore, we cannot guarantee its absolute security. 

While the Company makes every effort to protect your personal information shared through www.christine-ryan.com, you acknowledge that the personal information you voluntarily share through www.christine-ryan.com could be accessed or tampered with by a third party. You agree that Modern Accessories/Christine Ryan Designs  is not responsible for any intercepted information shared through www.christine-ryan.com without its knowledge and permission. Additionally, you release Modern Accessories/Christine Ryan Designs from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.

Sharing Your Personal Information

We do not sell, trade, or rent Users personal identification information to others for marketing purposes. We may need to provide your PII to vendors, business partners, and trusted affiliates under the following who provide services with regards to our website or with whom we jointly offer products and services.  Such partners and affiliates include, but are not limited to:  email service providers, database or website managers, payment processors and platforms, shipping companies.   

We may be legally required to disclose your PII if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of our Terms and Conditions; (d) necessary to combat fraud or criminal activity, to protect our rights or those of our affiliates, users, and business partners; (e) necessary to protect us from legal action or claims from third parties, including you and/or other visitors; and (f) necessary to protect the legal rights, personal/real property, or personal safety of our company, users and employees.

Third Party Websites

This Privacy Policy only addresses the use and disclosure of information by Modern Accessories/Christine Ryan Designs through interaction with this Site.  Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

Third Party Vendors

In the process of collecting your information, communicating with you and using your information to better serve your needs and interest, Modern Accessories/Christine Ryan Designs uses and  shares some or all of your information with these third party vendors:  MailChimp (email CRM) and various social media platforms. 

Managing Your Personal Information 

You can access, update and delete your PII you provided to us or by managing this information through an online account (if you have one) or by sending us an email at chrissy@christine-ryan.com.  You may choose not to receive e-mails from us by following the instructions contained in any of the e-mails we send or through the unsubscribe link at the footer of all e-mail communications. We manage e-mail lists through a list management system. Unsubscribing from one list managed by us will not necessarily remove you from all publication email lists. We may still e-mail you non-commercial emails related to your account and your transactions on the Site.

We will retain your PII for as long as needed to provide you services and to maintain a record of your transactions for financial reporting purposes.  Your information may be retained in electronic form, paper form, or a combination of both.  When your information is no longer needed, we will destroy, delete, or erase it.  If you have questions or are experiencing problems unsubscribing, please contact us at chrissy@christine-ryan.com.

Right Under the General Data Protection Regulation (GDPR)

As of March 25, 2018 under the General Digital Protection Regulation (“GDPR”) residents and those accessing this website using IP addresses associated with servers located within European Union Member Countries have the following rights with respect to their personal information:

  1. The right to have their personal identifying information removed from our servers.

  2. The right to withdraw prior consent to have your personal identifying information stored.

  3. The right to request access to your personal identifying information.

  4. The right to object to the storing of your personal information on the grounds of your personal situation.

  5. The right to rectify any of your personal information that is stored on our servers.

  6. The right to lodge a complaint with a supervisory authority.

In addition to the rights stated above; the following information is relevant to EU residents and those using IP addresses associated with servers that exist within the EU:

  1. Your data will be stored for as long as Christine Ryan Designs is in business.

  2. There is currently no contract or statute that requires Christine Ryan Designs provide your personal data to a third party.

  3. There are no automated decision-making that relates to contractual or legal rights.

Changes To This Privacy Policy

The Company has the discretion to update this privacy policy at any time.  If our company decides to change this privacy policy, we will post those changes on our website so our users and customers are always aware of what information we collect, use and disclose.  We encourage Users to frequently check this page for any changes and to stay informed about our privacy policy.  You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Updated July 23, 2022.

TERMS AND CONDITIONS

By using this website, you agree to fully comply with and be bound by the following Agreement each time you use this website. If you do not agree to these Terms and Conditions, please do not use the website.

 

Updated:  February 19, 2020

This web page represents a legal document and is the Terms and Conditions (“Terms”) for our website Modern Accessories/Christine Ryan Designs (“Website”). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.  If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions. 

OVERVIEW 
This website is operated by Modern Accessories (doing business as Christine Ryan Designs). Throughout the site, the terms “we”, “us” and “our” refer to Christine Ryan Designs.  Christine Ryan Designs offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  

Use of the Site including all materials presented herein and all online services provided by us, whether made available for purchase or not is subject to the following Terms.  These Terms apply to all site visitors, customers, and all other users of the site.  By using the Site or Service, you agree to these Terms, without modification, and acknowledge reading them.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page.  We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

SECTION 1 - ONLINE STORE TERMS 
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

Use of the Site including all materials presented herein and all online services provided by us, whether made available for purchase or not is subject to the following Terms.  These Terms apply to all site visitors, customers, and all other users of the site.  By using the Site or Service, you agree to these Terms, without modification, and acknowledge reading them.

SECTION 2 - GENERAL CONDITIONS 
We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Content, use of the Service or Content, or access to the Service, Content, or any contact on the website through which the service is provided, without express written permission by us. 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 3 - INTELLECTUAL PROPERTY RIGHTS

The Site and/or Service contain intellectual property owned by Christine Ryan Designs including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as Christine Ryan Designs name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Christine Ryan Designs.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are found to be violating this intellectual property policy.

You are permitted to enjoy the content of our website for your personal, non-commercial use, provided that you give full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the website page from which the content was obtained.

Our content, as found within our Website and Services, is protected under United States intellectual property rights laws.  Copying, redistribution, use or publication for commercial use by you of any such Content Your use of our Website and Services does not grant you any ownership right to our Content.

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made before you use Content by sending an email to chrissy@christine-ryan.com.

SECTION 4 – LIMITED LICENSE

We grant you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, noncommercial purposes, unless otherwise provided in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 
We are not responsible if information made available on this site is not accurate, complete or current.  The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.  You agree that it is your responsibility to monitor changes to our site. 

Technical Errors:  In the unlikely event and to the extent there is a technical error in our product listing relating to price, discounts, shipping, net weight of products, ingredients, or lists of products, then such error may be treated as a manifest error.  You agree that Christine Ryan Designs reserves the right to cancel or amend your order.  Christine Ryan Designs will notify you prior to canceling, amending, or fulfilling such order.


SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES 
Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 7 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.  Because our products are handmade, no two products look the same.  The photo you see online is only an example of what our products could look like.   The product you receive may not look the same as the product advertised, but they will have the same ingredients.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.  We reserve the right to discontinue any product at any time.  Any offer for any product or service made on this site is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

You represent and warrant that, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

For more detail on orders, refunds and shipments, please review our Returns and Shipping Policy. 

SECTION 9 - OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions. 

SECTION 10 - THIRD-PARTY LINKS 
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.  We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 12 - PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy.  Our Privacy Policy is considered part of this Agreement and available on this website.  CLICK HERE TO REVEIW OUR PRIVACY POLICY.  If you do not accept and agree to being bound by these Terms, including Christine Ryan Designs Privacy Policy, do not use this Website or our Services.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 14 - PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.  You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, our products or the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall Christine Ryan Designs, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, Christine Ryan Designs IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF Christine Ryan Designs HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Christine Ryan Designs CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM THE SITE, AND IF NO PURCHASE HAS BEEN MADE BY YOU Christine Ryan Designs CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $150.

SECTION 16 - INDEMNIFICATION 
You agree to indemnify, defend and hold harmless Christine Ryan Designs and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 


SECTION 17 - TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 18 - ENTIRE AGREEMENT 
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.  These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).   Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. 

SECTION 19 - GOVERNING LAW 

These Terms will be treated as if it were executed and performed in Fairfax, Virginia and will be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to conflict of laws provisions.  In addition, you agree to submit to the personal jurisdiction and venue of such courts.  Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

SECTION 20 – SEVERABILITY, SURVIVAL, AND WAIVER

Should any part of these terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.  To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

SECTION 21 - CHANGES TO TERMS AND CONDITIONS 
You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. 

SECTION 22 - CONTACT INFORMATION 
Questions about the Terms and Conditions should be sent to us at chrissy@christine-ryan.com.

 

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