Agreement between user and www.dinamackney.com
Welcome to www.dinamackney.com. The www.dinamackney.com website (the “Site”) is comprised of various web pages operated by Dina Mackney Designs. www.dinamackney.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.dinamackney.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting www.dinamackney.com or sending emails to Dina Mackney Designs constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Dina Mackney Designs is not responsible for third party access to your account that results from theft or misappropriation of your account. Dina Mackney Designs and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Dina Mackney Designs does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.dinamackney.com only with permission of a parent or guardian.
You may return any unworn and undamaged item(s) within 21 days from the date of your purchase for a full refund or exchange. Merchandise must be accompanied by original packaging and receipt. To view our complete Return Policy, please click here. All sale merchandise is final sale. NO RETURNS.
Links to third party sites/Third party services
www.dinamackney.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Dina Mackney Designs and Dina Mackney Designs is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Dina Mackney Designs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dina Mackney Designs of the site or any association with its operators.
Certain services made available via www.dinamackney.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.dinamackney.com domain, you hereby acknowledge and consent that Dina Mackney Designs may share such information and data with any third party with whom Dina Mackney Designs has a contractual relationship to provide the requested product, service or functionality on behalf of www.dinamackney.com users and customers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Dina Mackney Designs or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Dina Mackney Designs content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Dina Mackney Designs and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Dina Mackney Designs or our licensors except as expressly authorized by these Terms.
Dina Mackney Designs makes all reasonable efforts to accurately represent all products, including applicable colors. However, the actual color you see will depend on your computer system; Dina Mackney Designs cannot therefore guarantee that your computer will accurately display such colors. Due to photography techniques or screen defaults, certain pieces may appear slightly larger or smaller than in actuality, stones may appear lighter or darker than in actuality and the color gold may vary from that in actuality.
The Service is controlled, operated and administered by Dina Mackney Designs from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Dina Mackney Designs Content accessed through www.dinamackney.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Dina Mackney Designs, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Dina Mackney Designs reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dina Mackney Designs in asserting any available defenses. Errors and Inaccuracies Our goal is to provide complete, accurate, up-to-date information on our Web site. Unfortunately, it is not possible to ensure that any Web site is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability. In the event that a product is mistakenly listed at an incorrect price, Dina Mackney Designs reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Dina Mackney Designs reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Dina Mackney Designs will issue a credit to your credit card account in the amount of the incorrect price. We sincerely apologize for any inconvenience this may cause.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DINA MACKNEY DESIGNS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DINA MACKNEY DESIGNS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DINA MACKNEY DESIGNS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Dina Mackney Designs reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Virginia and you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dina Mackney Designs as a result of this agreement or use of the Site. Dina Mackney Designs’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Dina Mackney Designs’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Dina Mackney Designs with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Dina Mackney Designs with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dina Mackney Designs with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Dina Mackney Designs reserves the right, in its sole discretion, to change the Terms under which www.dinamackney.com is offered. The most current version of the Terms will supersede all previous versions. Dina Mackney Designs encourages you to periodically review the Terms to stay informed of our updates.
Dina Mackney Designs welcomes your questions or comments regarding the Terms:
Dina Mackney Designs
11490 Commerce Park Drive, Suite 500
Reston, Virginia 20191
Effective as of January 01, 2014