Terms of Use

Terms and Conditions of Use

The terms and conditions set forth in these Terms and Conditions of Use (the “Terms of Use”) shall govern your visit to and use of the websites provided by Preston Bailey Online, LLC and/or Preston Bailey Designs, Inc. (individually and collectively referred to in these Terms of Use as “PB”, “we”, “our” or “us”), including prestonbailey.com, and all subdomains of the website (including blogs, community boards, software applications) and all services related to such website (and services referred to herein, collectively, as the “Website”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. USE OF THIS WEBSITE SIGNIFIES THAT YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU SHOULD NOT USE THIS WEBSITE.

These Terms of Use may change at any time and such changes will be effective immediately upon posting. You should check these Terms of Use periodically because your continued use of the Website will be deemed acceptance of any modified terms and conditions. If you do not agree to the modified Terms of Use, you should discontinue use of the Website.

Use of this Website

Access, distribution and/or use of this Website is subject to all applicable laws and regulations.  To the extent that access, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited.  By creating an account, visiting and participating in the activities offered on this Website, you affirm, represent and warrant that:  (a) you will abide by these Terms of Use; (b) you do not reside in any country prohibited by law, treaty or administrative act from entering into trade relations with the United States or its citizens; and (c) your use of the Website shall not otherwise violate any applicable law, rule or regulation.

PB may add, change, discontinue, remove or suspend any portion, content or feature of this Website at any time, without notice and without any liability to you.

Term

These Terms of Use shall remain in full force and effect while you are a visitor to the Website.  PB may terminate your right to access and/or use this Website (or any portion(s) or features(s) thereof) at any time and for any reason.

Use of Materials

The entire contents of this Website and all material on this Website (including but not limited to images, text, software, graphics, designs, illustrations, audio and video clips, photographs, logos, and music and sound) (collectively referred to as the “Material”), are protected under various intellectual property laws and owned or controlled by PB, or used with permission of the owner(s) of such Material.

PB hereby grants you permission to use the Website as set forth in these Terms of Use, provided that:

  1. your use of the Website is solely for your personal, non-commercial use;
  2. you will not reproduce or distribute any part of the Website or any Material in any medium, without PB’s prior written authorization, or as otherwise permitted by tools found on the Website itself;
  3. you will not alter, modify or reverse engineer any part of the Website;
  4. you will be respectful of other users and their comments and suggestions found in the community section of the Website and
  5. you will otherwise comply with the terms and conditions of these Terms of Use.

Other than linking to or sharing via the tools provided directly on the Website copying, reproduction, uploading, downloading, transmitting or any other use of this Website or of any of the Material, in whole or part, without the express permission of PB, is prohibited.  Any unauthorized use of this Website and/or the Materials may subject the user to criminal prosecution and/or civil liability under applicable law.

Without limiting any of the foregoing, images of people, places, objects or otherwise displayed on the Website are either the property of, or used with permission by, PB.  The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Further, the trademarks, logos and service marks (collectively the “Trademarks”) appearing on the Website are registered and unregistered Trademarks of PB (and/or its affiliates) and others.  Nothing contained on the Website or in these Terms of Use should be construed as granting, by implication or otherwise, any license or right to use any of PB’s (or its affiliates’) trademarks, logos or service marks, which may not be used in any manner for any purpose without our express written consent in each instance.

Website Conduct

The Website is intended to be used for lawful purposes only, and only for purposes relevant to the content available through the Website. You may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other material or content on or through the Website, and we reserve the right to decide, in our sole discretion, whether such material or content violates our standards, and, without limitation of our rights or remedies under these Terms of Use, we may remove, edit, refuse to post, move or close, in whole or in part, any content or materials transmitted to, posted on, or otherwise made available on or through the Website which we believe, in our sole discretion, violates our standards or any applicable laws or regulations.

Derogatory, harmful or unlawful conduct is not permitted on the Website.  Users are not permitted to upload to, or post, transmit, distribute or otherwise publish or make available on or through, the Website any material or content which is libelous, defamatory, obscene, vulgar, bigoted or hateful, profane, pornographic, indecent, invasive of privacy or publicity rights, fraudulent or tortuous, threatening, abusive or harassing, illegal or otherwise objectionable, that would constitute or encourage a criminal offense, violate the rights of any party (including without limitation any material or content that is protected by copyright, trademark, trade secret or any other proprietary right), or that would otherwise give rise to civil or criminal liability or violate any local, state or federal law.

Unauthorized advertising or commercial messages or solicitations, political campaign materials, and/or public announcements are not allowed on or through the Website. Unauthorized collection and/or use of email addresses via the Website are also prohibited, as are chain letters, mass mailings and spam mail. Further, you may not upload to, or post, transmit, distribute or otherwise publish or make available on or through, the Website any material or content that states or implies that any statements you make are endorsed by us, or any promotional materials relating to other digital sites or services which are competitive with us and/or this Website.

In addition, without limitation, the following activities are expressly prohibited in connection with your use of the Website:

  • posting or transmitting on or through the Website software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component, or any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, or otherwise engaging in, or encouraging or providing instructional materials relating to, any activity on the Website that restricts or inhibits any other Website visitor from using or enjoying the Website, such as “hacking,” “cracking,” “spoofing,” or defacing any portion of the Website;
  • reproducing, duplicating, copying, selling, reselling or otherwise exploiting for any commercial purposes, any portion of, use of, or access to the Website;
  • collecting information about Website visitors without their express consent;
  • using the Website to defame, abuse, stalk, threaten or otherwise violate the legal rights of others, or for any fraudulent purpose;
  • creating a database by systematically downloading and storing Website content;
  • framing or mirroring any part of the Website without our prior written consent;
  • interfering with or disrupting the operation of the Website or the servers or networks used to make the Website available, or violating any requirements, procedures, policies or regulations of such networks;
  • impersonating any person or entity, including without limitation any representative of PB, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Website;
  • modifying, adapting, translating, reverse engineering, decompiling or disassembling any portion of the Website;
  • removing any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website; or
  • otherwise disobeying any rules, requirements, procedures or policies set forth in these Terms of Use, or in the Website’s Privacy Policy, or otherwise set forth on the Website.

Without limitation, your use of the Website (including all of its features) is conditioned on your compliance with all the guidelines set forth in this section entitled “Website Conduct”, and any failure by you to comply with such guidelines may, without limitation, result in termination of your access to the Website.

Monitoring; Removal of Content

You acknowledge that PB may or may not pre-screen and/or monitor content posted on the Website (including without limitation any blogs made available on or through the Website), and that PB reserves the right to remove, edit, refuse to post, move or close, in whole or in part, any content or materials uploaded to, or posted, transmitted, distributed or otherwise published or made available on or through, the Website, at any time for any reason, in PB’s sole discretion.  PB also reserves the right, in its sole discretion, to disclose such content or materials and the circumstances surrounding their transmission to any third party in order to operate the Website properly, to protect PB or any of its affiliated parties, its third party service providers, sponsors and/or visitors, to comply with legal obligations or governmental requests, or for any other reason or purpose.

User License

You hereby grant to PB a worldwide, royalty-free, fully-paid, perpetual, sub-licensable (through multiple tiers), irrevocable, transferable, non-exclusive license to use, including without limitation the right to reproduce, publish, digitally perform, publicly perform, display, publicly display, distribute, modify, create derivative works from, adapt and/or otherwise exploit in any manner, any content and material (including without limitation your name) that you upload, submit or send to, or post, transmit, distribute, send or otherwise publish or make available on or through the Website and its features  (the “User Content”), including without limitation via message boards, chat rooms and/or blogs or any other features on the Website, in whole or in part, alone or in combination with other material, and/or to incorporate it in other works in any form, media or technology now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you, in any and all media now known or hereafter devised. By uploading, submitting, sending, transmitting, posting, distributing or otherwise publishing or making available any User Content on, to or through the Website, you represent and warrant that:  (1) no other party has any rights to the User Content or that you have all rights necessary to grant the rights granted hereunder; (2) the User Content is not subject to any obligations, whether of confidentiality, attribution or otherwise, on our part, and we shall not be liable for any use or disclosure of any User Content; and (3) your provision of the User Content to and through the Website, complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of the User Content that you may have under any applicable law under any legal theory.

Interactions with Website Users/Posting of Personal Information

You are solely responsible and liable for your interactions with other Website users. PB is not responsible for any communications, correspondence, interactions or transactions between you and any other Website user, or any disputes arising therefrom. You agree to release PB, each of its parent, subsidiary and affiliated entities and its third party service providers, and each of the foregoing parties’ respective officers, directors, members, employees, owners, representatives, licensees, agents, successors, assignees and partners, from any and all claims, demands and damages (actual and consequential) of any kind arising out of or in any way connected with any such communications or disputes between you and any other Website user.

Please be aware that generally, information you post on, upload to or distribute through a blog or any similar feature will be accessible by other users of the Website. Please be sure that any such information is information that you are comfortable sharing with the public. PB has no control over, and shall have no liability for, any damages resulting from, the use or misuse by any third party of information that you voluntarily make public through any blog or any other part of the Website.  IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION (SUCH AS, BUT NOT LIMITED TO, NAME, POSTAL ADDRESS, TELEPHONE NUMBER, EMAIL ADDRESS) OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH ANY BLOG OR ANY OTHER PART OF THE WEBSITE, YOU DO SO AT YOUR OWN RISK.

Privacy

Please see PB’s Privacy Policy for information concerning the collection and use of personal information from this Website.

The Website’s Privacy Policy is incorporated into these Terms of Use by reference and is made a part hereof.

Promotions, Sweepstakes and Contests

On occasion, PB or certain advertisers or suppliers to this Website may elect to conduct certain promotions, sweepstakes, contests, raffles, promotions or games (collectively, “Promotions”) on or through this Website.  Each such Promotion may have specific rules and regulations, which will be made available to users and which shall be deemed incorporated in and become a part of these Terms of Use. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such rules shall control.

Copyright Infringement Policy


PB values intellectual property and respects the intellectual property rights of others, and will remove materials on the Website that infringe the copyrights of others.  If you believe that your copyrighted material may have been infringed by material contained on this Website, then pursuant to Title 17, United States Code, § 512, you (or your agent) may send us a notice requesting that we remove the material or block access to it.  Further, if you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice.  All notices and counter-notices must be in writing and sent to our Designated Agent at the following address:

Name of Designated Agent: Copyright Administrator

Address: Preston Bailey Online, LLC/Preston Bailey Designs, Inc.

147 W. 25th Street, 11th Floor

New York City, NY 10001

Electronic Mail Address: copyrightadministrator@prestonbailey.com

In your notice, you must include the following information:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of the allegedly infringing material and where the allegedly infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • 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.

We suggest that you consult your legal advisor before filing a notice or counter-notice.

Additional/Different Terms


Certain pages or sections of this Website may contain terms and conditions of use which are in addition to or different from these Terms and Conditions.  In the event that there is a conflict between such additional or different terms and conditions of use and these Terms and Conditions, the additional or different terms and conditions of use will govern with respect to the specific pages or sections to which they apply.

Links From and To Our Website
From time to time, this Website may contain links to other websites or services that are not controlled and/or maintained by PB.  Access to and use of such other websites and services is at your own risk and subject to any terms and conditions of use which govern such websites and services.  By providing such links, PB shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, materials and/or products found on such websites or services.  PB is not responsible for the content contained on any such websites or services, or for any defect in or failure of any product or service offered for sale or advertised on any such websites or services (including, without limitation, any Preston Bailey-branded products or services offered for sale on such websites or services), nor shall PB be responsible or liable, directly or indirectly, for any damages that may result therefrom.  Copyrights in the materials or information on the linked websites or services are owned by other organizations.  Moreover, such other websites and services may have privacy policies or terms and conditions of use that differ from those of the Website and/or may provide their users with less security than the Website.

Without limiting the preceding paragraph, with respect specifically to any third party vendors (“Third Party Vendors”) to whose websites this Website may link, you are solely responsible and liable for your communications and transactions with such Third Party Vendors, and PB is not involved in or responsible for any communications or transactions between you and any Third Party Vendor or any disputes arising therefrom. You agree to release PB, each of its parent, subsidiary and affiliated entities and its third party service providers, and each of the foregoing parties’ respective officers, directors, members, employees, owners, representatives, licensees, agents, successors, assignees and partners, from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any communications, transactions or disputes between you and any Third Party Vendor. We do not endorse any Third Party Vendor, nor do we guarantee or bear any responsibility for the quality of their goods or services, the information that they provide through the Site or the conduct of their respective businesses. We encourage you to conduct your own research into the Third Party Vendors.

Other websites may provide links to the Website with or without our authorization. We do not endorse any such website, and are not and shall not be responsible or liable for any links from any such website to our Website, any content, advertising, products or other materials available on any such websites, or any loss or damages incurred in connection with any such website.

YOU AGREE THAT YOUR USE OF ANY LINKED WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR USE OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED WEBSITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH LINKED WEBSITE AND SUCH MATERIALS.  YOU FURTHER AGREE THAT YOUR USE OF THIRD PARTY VENDORS WHOSE WEBSITES ARE LINKED TO BY THIS WEBSITE IS AT YOUR OWN RISK.

Third Party Content/Services

This Website contains content and services supplied by parties other than PB (such services and content are referred to herein, collectively, as “Third Party Content/Services,” and such third parties are referred to herein, collectively, as “Third Party Providers”). Any opinions, advice, judgments, statements, services, offers, or other information, materials or content provided, expressed or made available by any Third Party Provider are those of the respective author or distributor of the same, and we do not guarantee the accuracy, completeness or usefulness of any Third Party Content/Services or such information, materials or content nor are we responsible for such information, materials or content provided, and we shall not be liable for any loss or damage caused by your reliance on such information, materials or content.

Without limiting the preceding paragraph, information, materials and other content provided in the blogs and other social media that are offered on this Website, which blogs and social media are accessible via the Website   (the “Blogs”), and in community areas on this Website and other similar features of this Website, may be provided by our staff, special guests or contributors or users not connected with us, some of whom may use anonymous screen names.  The opinions expressed in or through the Blogs and community areas and other similar features of this Website are not necessarily those of PB.  All statements, advice, opinions expressed, and information, materials and content provided, by contributors to the Blogs, social media, community areas and other similar features of this Website are those of such contributors only, and we neither endorse nor shall we be held responsible for the reliability or accuracy of such postings, including without limitation any user comments, or for the information, materials or content made available in such postings. Users are solely responsible for the content of their comments or other messages on or communications through the Blogs, community areas or other similar features of this Website.  We are not responsible for information, materials or content made available on, in or through the Blogs, any community areas or other similar features of this Website, or results obtained by using such information, materials or content, and under no circumstances will we be liable for any loss or damage caused by your reliance on such information, materials or content.

Linking To Our Website

If you link to this Website, you must make it clear that you are providing a link and not give the impression that any of the Material belongs to you or any person or entity other than PB.  Any such link must not damage, dilute or tarnish the goodwill associated with Preston Bailey Online, LLC or Preston Bailey Designs, Inc. and/or any intellectual property of Preston Bailey Online, LLC or Preston Bailey Designs, Inc., nor may the link create the false appearance that your website or organization is sponsored, endorsed by, affiliated or associated with Preston Bailey Online, LLC or Preston Bailey Designs, Inc., and you may not “frame” the Website. You may not link to the Website from any web site that is unlawful, abusive, indecent, offensive or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in PB’s sole discretion. PB reserves the right, at any time and in its sole discretion, to terminate or block any link from any website, through technological or other means, without prior notice.

Limitation of Liability and Use Disclaimer


PB endeavors to make sure that all information and data it originates on the Website is accurate and reliable.  However, we do not guarantee the reliability or accuracy of any of the information on either this Website or on sites that are linked to this Website and we are not responsible for any damages or loss related to the use of this Website.

THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, ALL FEATURES, TOOLS AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED.  THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON.  ANY INFORMATION CONTAINED WITHIN THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING.  PB RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES.  YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.  PB SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE, EVEN IS PB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF PB’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE WEBSITE, (V) ANY BUGS VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE WEBSITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

PB is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.

Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and, accordingly, such limitations or waivers may not apply to you.  In such jurisdictions, PB’s liability is limited to the greatest extent allowable under applicable law.

Your Responsibilities


You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all data and/or equipment.

Electronic Communications

Any communication or material you transmit, submit, send, post, upload, distribute or otherwise publish or make available on, through or to this Website by electronic mail or otherwise, including, but not limited to, any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit, submit, send, post, upload, distribute or otherwise publish or make available may be used by PB and/or its affiliates and/or licensees for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, PB and/or its affiliates and/or licensees are free to use any ideas, concepts, know-how, or techniques contained in any communication you transmit, submit, send, post, upload, distribute or otherwise publish or make available on, through or to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and other materials using such information.

U.S. Export Controls
Software from or related to this Website (the “Software”) may be subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws.  Without limiting the foregoing, no software from this Website may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.  Downloading or using the Software is at your sole risk.

Additional/Different Terms


Certain pages or sections of this Website may contain terms and conditions of use which are in addition to or different from these Terms of Use.  In the event that there is a conflict between such additional or different terms and conditions of use and these Terms of Use, the additional or different terms and conditions of use will govern with respect to the specific pages or sections to which they apply.

Acquisition of Business

In the event that PB is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all of PB’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction.  If that occurs, PB will post a notice to such effect on this Website.

Indemnity

You will defend, indemnify and hold harmless PB, each of its parent, subsidiary and affiliated entities and its third party service providers, and each of the foregoing parties’ respective officers, directors, members, employees, owners, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to reasonable attorneys fees) relating to, or arising from or in connection with: (i) your breach or alleged breach of these Terms of Use; (ii) your activities in connection with the Website and/or any services related or linked to the Website (including without limitation any Third Party Services); and/or (iii) communications and disputes between you and any other Website user or third party.  We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.  You agree that your representations and warranties, and your obligation to defend and indemnify PB, shall survive beyond any term that these Terms of Use are in effect.

Miscellaneous


Use of this Website and these Terms of Uses shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions.  In the event that any portion of these Terms of Use is deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, including but not limited to the scope, duration or area of its applicability, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form in such jurisdiction).  If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions.  No narrowed construction, modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by PB of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and PB’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.  Any dispute concerning your use of this Website shall be submitted to binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association.  To the fullest extent permitted by law, no arbitration brought pursuant to these Terms of Use shall be joined to any other arbitration initiated pursuant to these Terms of Use.

Notwithstanding anything to the contrary set forth in these Terms of Use, PB may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York, in the event that PB believes that there is a violation, or a threatened violation, of any of PB’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

Contact Us

If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at:

Preston Bailey Online, LLC/Preston Bailey Designs, Inc.

147 W. 25th Street

11th Floor

New York City, NY 10001

info@prestonbailey.com

Effective Date: October 14, 2009
These Terms and Conditions of Use were last updated on:  August 15, 2010

© 2007-2010 Preston Bailey Online, LLC. All rights reserved.

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