Website Terms of Use

 

These “Terms of Use” set forth the terms and conditions that apply to your use of Patricianashdesigns.com (the “Web Site”).  By using the Web Site (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein.  The right to use the Web Site is personal to you and is not transferable to any other person or entity.

Patricia Nash Designs, Inc. (“We” “our” or “Patricia Nash Designs”) is very excited to share our products with our International customers located anywhere in the world.  International orders will not be eligible for free shipping or free returns. For information on returns, please see the International portion of our Return Policy. Applicable duties, taxes, tariffs and value-added taxes (VAT) will be assessed to the customer on delivery and are NOT included in the shipping cost at checkout.

Copyrights and Trademarks

  1. All materials contained on the Web Site are Copyright May 2018, Patricia Nash Designs. All rights reserved.
  2. No person is authorized to use, copy or distribute any portion the Web Site including related graphics.
  3. Patricia Nash Designs and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify Patricia Nash Designs Inc. and the goods and/or services provided by Patricia Nash Designs.  Such marks may not be used under any circumstances without the prior written authorization of Patricia Nash Designs.

Links to Third-Party Web Sites

Patricia Nash Designs may provide hyperlinks to third-party web sites as a convenience to users of our Web Site. Patricia Nash Designs does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Patricia Nash Designs does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. Patricia Nash Designs will have no liability to any entity for the content or use of the content available through such hyperlink.

No Representations or Warranties; Limitations on Liability

The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. TO THE EXTENT PERMITTED BY LAW, PATRICIA NASH DESIGNS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.

Changes to These Terms of Use

Patricia Nash Designs reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. You can send e-mail to Patricia Nash Designs with any questions relating to these Terms of Use at cs@patricianashdesigns.com.

For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

 


 

Website and Store Privacy Policy

Last Modified May 25, 2018

  • Overview

Thank you for visiting Patricianashdesigns.com (the “Website”) and reviewing our Privacy Policy. This Privacy Policy (“Policy”) applies to personal information we collect on this website and at our flagship store. Patricia Nash Designs is responsible for this website.

Patricia Nash Designs, Inc. (“Patricia Nash Designs”, “we”, our”, or “us’) is committed to complying with the General Data Protection Regulation and the Data Protection Act 2018.  The Policy describes the types of personal information we collect on this site, in our Stores, and in other ways discussed below, how we may use that information and with whom we may share it. The notice also describes the measures we take to protect the security of the personal information. We also tell you how you can reach us to ask us to (i) access, change, or not use the personal information you have provided to us; (ii) withdraw any consent you previously provided to us; (iii) tell us to refrain from communicating with you about our products or services; and (iv) answer any questions you may have about our privacy practices.

We may update our Privacy Policy to ensure our policies are in line with international regulations and best business practices. If any changes are made to this statement, we will notify you by updating our website. Please review it regularly.

  • What Type of Information We Collect and How We Use It.

Individuals may choose to provide personal information (such as name, contact details, and payment information) through this website and at our flagship store. Here are the ways you may provide the information and the types of information you may submit. We also tell you how we may use the information.

Our Website

Shopping

You may be able to purchase Patricia Nash Design products on this website and from our flagship store. To process your purchase, we ask for information such as your name, billing and shipping address, telephone number, email address, and payment card information. We use this information to process your purchase, confirm your order, and deliver the items to you. If you give us permission, we also may use your contact information to communicate with you about our products, services, and promotions.

If you purchase an item on this site, at our flagship store, or ask us to deliver your purchase to someone else, we ask for the recipient’s name, postal address, and email address. We use this information to send the item to the recipient. If you ask us to do so, we also may use this information to notify the recipient of your gift before it arrives.

Your Account

You may be able to register to create an account on our website. To do so, we ask for information such as your name and email address. You also may provide your age and gender.

Through the “Registered Customer” feature, you can store billing and shipping information so you won’t have to enter it again when you make another purchase on this site. You also can store payment card information and details of your past purchases. In addition, you can save your credit card information on your account for faster checkout. To use this feature, we ask you to provide your credit card information and the corresponding billing address.

Surveys, Promotions & Rewards Programs

On our Website, you may be able to participate in surveys, promotions and rewards programs. If you choose to participate in these surveys, promotions and/or rewards programs, we may ask you for information such as your first and last name, date of birth, email address, postal address, and telephone number. We use the information you provide to administer our surveys, promotions and rewards programs. We also may use the information to communicate with you about our products, services but only if you have given us your consent to do so.

Electronic Newsletters

You may be able to sign up on this site to receive electronic newsletters and promotional emails from Patricia Nash Designs, including new ideas, special offers and event information. To sign up, we may ask you for information such as your name, email address, postal address, telephone number, age, gender, shopping preferences and email preferences. We use this information to send you communications about our products and services, invitations to specials sales and events at Stores located near you, and notices of new arrivals. We also use this information to tailor our newsletters to reflect your preferences. You can choose at any time not to receive marketing emails from us by clicking on the unsubscribe link within our marketing emails. There is no charge to you to unsubscribe.

Product Reviews

You may be able to submit product reviews of products you have purchased on our website. You may include personal information in your comment, and you also may submit your name with your comment. We use your name to identify you as a commenter.

Customer Service

If you communicate with us through the “Customer Service” link on this site, we may ask you for information such as your name, email address, ZIP code, and telephone number. We use this information to respond to and communicate with you about your questions and comments.

Other Site Features

We offer visitors to this website various features for their information and enjoyment, which we may change from time to time. We may ask you to submit certain personal information so we can provide you with these features and send you communications about our products, services, and promotions.

Information Collected by Automated Means

We obtain certain information by automated means when you visit our website, such as through cookies, web beacons, and web server logs. The information we collect in this manner includes the IP address of the device you use to connect to the internet, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our site, dates and times of website visits, and the pages accessed. By collecting this information, we learn how to best tailor our website to our visitors and understand what products and services you might prefer. Both we and others (such as our service providers) may collect personal information about our visitors’ online activities over time and across third-party websites.

Like many companies, we use “cookies” on this website. Cookies are bits of text that are placed on your computer’s hard drive when you visit certain websites. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site. We use cookies, for example, to preserve the contents of your virtual shopping bag between visits. We also use cookies to measure activity on the site and determine which areas and features of the site are the most popular.

Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Without cookies, however, you may not be able to take full advantage of all our site features. For example, if you turn off cookies or refuse them, you will not be able to make purchases on the site.

Certain pages on this website contain “web beacons” (also known as internet tags, pixel tags, and clear GIFs). Web beacons are used for internal purposes, such as to obtain the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, and the type of browser used to view the page. We also retain service providers who use web beacons to assess the effectiveness of our email communications and learn what pages our visitors viewed.

We use information collected through these automated means for purposes such as (i) customizing our users’ visits to our website, (ii) delivering content tailored to our users’ interests and the manner in which our users browse our sites, and (iii) managing our sites and other aspects of our business. To the extent required by applicable law, we will obtain your consent before collecting information using cookies or similar automated means.

We also may use third-party web analytics services, such as those of Adobe Analytics and Google Analytics, to measure the effectiveness of our advertising and determine how visitors use this website. These service providers’ tools, including cookies and web beacons, allow us to collect information such as the state and ZIP code from which our visitors come and the IP addresses of our visitors’ computers. To opt out of aggregation and analysis of data collected by Adobe Analytics and Google Analytics, please click here and here.

Interest-Based Advertising

We may collect information about your online activities on our website to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. This section of our Privacy Policy provides details and explains how to exercise your choices.

You may see certain ads on other websites because we work with advertising partners (including advertising networks) to engage in remarketing and retargeting activities. Our advertising partners allow us to target our messaging to users through demographic, interest-based, and contextual means. These partners track your online activities over time and across websites by collecting information through automated means, including through the use of third-party cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our website and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts. For example, we utilize Criteo targeted advertising services to show you our ads on other websites based on your prior visits to our site and other online activity. You can opt out of this feature by clicking here.

Our Flagship Store

Here are some of the ways we collect personal information in our flagship store and a description of how we use the information:

Shopping

When you buy products or obtain services in our Stores, we ask you for information we need to process your purchase or provide you with the services you requested. Depending on the payment method you use, and as permitted by applicable law, we may ask for information such as your name, mailing address, telephone number, driver’s license or ID number, passport number, and checking account information or payment card information. We also collect information about your purchase, such as the items you bought, the price of the items, the payment method you used, and if the product was on sale. We use this information to process your transaction. We also use this information to communicate with you about our products, services and promotions, and for other marketing and Customer Assistance purposes.

Customer Satisfaction Surveys

When you buy products or obtain services in our Stores, we may ask you to complete a customer satisfaction survey. If you choose to do so, you may provide information such as your name, email address, telephone number, age, gender, and other demographic information, in addition to your comments. Providing any of this information is optional. We use the information you provide to improve our products and services, and to enhance your shopping experience.

  1. Other Ways We Collect Personal Information

Customer Assistance

You may call our Customer Assistance line at 877-743-6274 for information about our products or personal shopping advice. If you do so, we may ask you for information such as your name, email address, postal address, telephone number, and, if you choose to make a purchase, your payment card information. We use this information to respond to your request and process your transaction.

Department Stores

Our products are available for sale in many department stores. Personal information collected in these department stores is not provided to Patricia Nash Designs. This Privacy Policy does not address the information practices of department stores in which our products are sold. Department stores may have their own privacy notices or policies, which we strongly suggest you review when you provide them with your personal information. We are not responsible for the department stores’ personal information practices.

  1. Information We Share

We do not sell or otherwise disclose personal information about our customers, except as described here. We also may share the information with our service providers who perform services on our behalf based on our instructions. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

We also may disclose information about you (i) if we are required to do so by law or legal process (such as a court order), (ii) in response to a request by law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Policy. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

  1. Links to Other Sites

This website may contain links to other sites for your convenience and information. These sites may be operated by companies not affiliated with Patricia Nash Designs. Linked sites may have their own privacy policies, which we strongly suggest you review if you visit any linked websites. We are not responsible for the content of any websites that are not affiliated with Patricia Nash Designs, any use of those sites, or the privacy practices of those sites.

  1. How We Protect Personal Information

We maintain appropriate administrative, technical, and physical safeguards to protect the personal information you provide on this website or in our stores against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure or use and other unlawful forms of processing. We use Secure Sockets Layer (“SSL”) technology to protect the transmission over the internet of your payment card data. You can check the security of your connection by looking at the URL line of your browser. When accessing a secure site, the first characters of the site address change from “http” to “https.” If you are using a web browser or firewall that does not permit communications through secure sites, you will not be able to make purchases on our site.

We strive to protect the confidentiality and security of Social Security numbers (“SSNs”) in our possession, custody, or control by employing reasonable safeguards seeking to (i) restrict employee access to and use of SSNs, (ii) prevent unauthorized third-party access to SSNs, and (iii) prohibit unlawful disclosure of SSNs.

  1. Access and Correction

Subject to applicable law, we provide you with access to personal information we have retained about you and the ability to review, correct, update, block, or delete the information where it is inaccurate. Subject to applicable law, we may limit or deny access to personal information where providing such access is unreasonably burdensome or expensive under the circumstances. Please submit your request to the address specified in the “How to Contact Us” section below. Please include your name, email address, and postal address in your request.

  1. Your Choices

We offer you certain choices about how we communicate with you and what information we collect from you. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds and free of charge to the processing of your personal information, and we will apply your preferences going forward.

You can choose not to receive marketing communications from us by clicking on the unsubscribe link in our marketing emails, clicking here, or contacting us as specified in the “How to Contact Us” section below. Please include your name, email address and postal address if you send us your request by email or postal mail. Our website is not designed to respond to “do not track” signals received from browsers.

If you are a California resident, you may ask us to refrain from sharing your information with certain of our affiliates and other third parties for their marketing purposes.

  1. Children’s Privacy

Our Website is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13 on the site. If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on this site, we will delete the information from our records.

  1. Governing Law and Jurisdiction

This Privacy Policy constitutes a contract made under and shall be governed by and construed in accordance with the laws of the State of TN.  All disputes arising out of any terms or conditions of this Privacy Policy shall be subject to the exclusive jurisdiction of the state or federal courts in Knox County, Tennessee.

  1. No Warranties

TO THE EXTENT PERMITTED BY LAW WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS POLICY, OUR WEBSITE, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE, OR ANY SITES LISTED THEREIN, AND THE WEBSITE WILL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. THE WEB SITE DOES NOT WARRANT THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEB SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW IN NO EVENT WILL THE WEB SITE OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITE OR DOWNLOADED FROM THE WEB SITE, EVEN IF THE WEB SITE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEB SITE.

For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

  1. Last Update

This Privacy Policy was last updated in May 25, 2018.

  1. Contact Information

Questions or comments regarding our Privacy Policy should be sent by e-mail to cs@patricianashdesigns.com or by U.S. mail to 1132 N. 6th Ave., Knoxville, TN 37917.

 


 

Rewards Program Terms of Use

  • Membership & Eligibility

To register you must provide your first and last name, valid email address and date of birth. If you already have an account with Patricia Nash, you should register for the Program using the same email address you use for that account.

The Patricia Nash Loyalty Rewards Program (“Program”) is a rewards program offered by Patricia Nash Designs to its customers who purchase directly from the Patricia Nash website at www.patricianashdesigns.com.  Membership to the Program is limited to individuals only and is limited to one account per individual. The Program is free to join. You must be age 16 years or older to join.  Eligible minors must attain their parent’s or legal guardian’s consent prior to participation. The Program is intended for personal use only, commercial use is prohibited.

BY REGISTERING FOR THE PROGRAM, YOU AGREE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”). NO PURCHASE IS NECESSARY TO BECOME A MEMBER OF THE PROGRAM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE PATRICIA NASH REWARDS PROGRAM.

You agree to provide only true, accurate, current and complete information, and you accept all responsibility for any and all information and activities that occur under your Program Account. We are not under any obligation to verify the actual identity or authority of any person using your Program Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the Program or your Account for any reason consistent with these Terms. You are responsible for any tax liability related to your participation in the Program.

  • Points

Earn Points

Under the Program, you earn five (5) points (“Program Points”) for every U.S. dollar ($1) spent on an Eligible Purchase. An “Eligible Purchase” is any purchase that is made on www.patricianashdesigns.com (our “website”) and excludes the following: (a) any amounts for taxes, shipping and handling, and other service fees (such as gift wrapping); or (b) purchases made in or from any department store, specialty store, travel retail store or off-priced store.

At the time of purchase, you must be logged in to your Patricia Nash Account and provide the email address used to create your Account in order to have Program Points for the Eligible Purchase applied to your Membership. We do not retroactively apply Program Points to an account if the purchase was not made while logged-in to your Account on www.patricianashdesigns.com.

NOTE: It can take up to approximately twenty-four (24) hours from the completion of an Eligible Purchase for Program Points to appear in your Program Account. Program Points have no cash value and are not redeemable for cash, product or services. Any refunds of product purchased with Program Points will be refunded using those points to avoid any abuse of Points. If you return any part of an Eligible Purchase, the Program Points you earned for such returned portions will be deducted from your Account.

In addition to making Eligible Purchases, you can also accrue Program Points by completing any of a variety of eligible activities, including, for example, the following:

    • Newsletter and customer account sign up earns 200 Program Points (limited to 1 x per lifetime per Patricia Nash Account).
    • Social sharing earns 20 Program Points with a daily maximum of 40 points.
    • Submitting a product review on patricianashdesigns.com earns 50 points with a daily maximum of 50 points

Spend Points

Spend rates are set at 100 points for every $1, meaning for every 100 points earned the customer may apply $1 towards an order on www.patricianashdesigns.com. Customers may not begin applying points to a purchase until a $500 purchase threshold has been reached.

  • Patricia Nash Membership Status & Rewards

Your Patricia Nash Status (Patricia Nash Explorer or Patricia Nash First Class) is based on the number of Program Points in your Patricia Nash Account during a calendar year, and the benefits and rewards (“Rewards”) you may be eligible to receive through the Program are determined based on the Membership Status achieved during the prior calendar year. Once a Membership Status level is achieved, you retain that level for the remainder of the current calendar year and for a full year after.

Patricia Nash Explorer: 2500+ Program Points

  • Free Standard Shipping & Returns ($50 minimum order requirement for Free Shipping is waived)
  • Early Access to new arrivals

Patricia Nash First Class: 5,000+ Program Points

    • Free 2nd Day Shipping & Free Returns
    • Early access to new arrivals
    • Free annual gift
    • Entry into special drawings and giveaways
    • Invitation to Exclusive Events where applicable

Specific Rewards (whether products or experiences) are available while supplies last, may be subject to limitations, and substitutions by Patricia Nash may occur, in its discretion. Rewards are non-transferable, have no cash value (unless required by law) and cannot be exchanged, sold or returned. Patricia Nash is not responsible for lost, stolen or damaged Rewards. Patricia Nash is not responsible for any taxes incurred by clients or guests in connection with Membership and Rewards. Rewards are subject to change, alteration, substitution, or termination by Patricia Nash in its sole discretion at any time. See specific Reward offers or related communications for any additional terms and conditions.

  • Points & Status Expiration

All Program Points accumulate until used and never expire. However, Patricia Nash Status does expire. Once reaching a Status level, you keep this status level for the remainder of the year plus a full calendar year after. In order to maintain your Patricia Nash Status going forward, you must accumulate at least the minimum point balance needed, or else you will fall to a lower Status at the end of that next calendar year. For example, if at any point during the year of 2018 you enroll and earn 3,000 Program Points, you will attain Patricia Nash Explorer status for the remainder of 2018 and for all of 2019. On January 1, 2020, however, unless you qualify again in 2019 for a certain Status, you will lose your status and benefits regardless of whether you spend your Points or not.

  • Annual Gift Reward

Annual gifts are rewards that are part of the First Class status only. Members eligible for the annual gift will be notified by email or online when their gift is ready to be redeemed, along with instructions for redemption. Annual gifts are subject to availability, while supplies last. Patricia Nash reserves the right to substitute the annual gift for another item of equal or greater value, in its discretion. Annual gifts cannot be returned, exchanged, or redeemed for cash or store credit.

  • Program Communications and Privacy Policy

We collect information from and about you in connection with your Membership and your participation in the Program, including information such as your first and last name, date of birth, email address, postal address, and telephone number. We use the information you provide to administer your participation in the Program.  By registering for a Membership in the Program, you are agreeing to receive emails and other communications, which may include messages about your Membership, as well as about products, services and other offers in connection with the Program. You may also consent to receive marketing materials and other communications from and about Patricia Nash generally. NOTE: if you click on the unsubscribe link specific to the Program in one of the emails you receive as part of the Program, you will be opting out from receiving all future communications about the Program AND you will be effectively cancelling your Membership with the Program.

  • Changes, Termination and/or Removal from Program

We may terminate, change, suspend, restrict or discontinue any aspect of the Program or your Membership at any time if we believe you are in breach of these Terms or applicable law, or for any other reason in our discretion. These Terms will terminate commensurate with the discontinuance or termination of your Membership privileges. However, the Terms will continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior use of and participation in the Program, and anything connected with, relating to or arising therefrom or from your Membership. Membership is non-transferable and Eligible Purchases must be made by the member who is registered on that Patricia Nash Account.

By joining the Program or continuing to participate in the Program, you hereby agree to be bound by any such changed Terms. Any changes or modifications will be effective immediately upon the posting of revisions to our site, www.patricianashdesigns.com, and you waive any right you may have to receive specific notice of such change of modifications.

  • Disclaimer of Warranties

THE PROGRAM, AND ALL CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS ASSOCIATED THEREWITH ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND PATRICIA NASH HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. PATRICIA NASH DOES NOT WARRANT THAT THE PROGRAM WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL.

PATRICIA NASH MAKES NO WARRANTY THAT THE PROGRAM, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PATRICIA NASH, OR THROUGH THE PROGRAM, SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY MADE HEREIN (OR IN ANY POLICY OR DOCUMENT EXPRESSLY INCORPORATED HEREIN). PATRICIA NASH ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON THE PATRICIA NASH DESIGNS ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES, OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR IN CONNECTION WITH THE PROGRAM. IF YOU ARE DISSATISFIED WITH THE PROGRAM, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PROGRAM.

PATRICIA NASH DOES NOT ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

  • Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL PATRICIA NASH, OR ANY OF ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE PROGRAM OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE PROGRAM, LOST BUSINESS OR LOST SALES, PROFITS, OR GOODWILL, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE PROGRAM, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PROGRAM.

  • Submitted Materials

Unless specifically requested of us, we neither solicit nor wish to receive any confidential, secret, or proprietary information or other material from you. Any information, proposals, requests, creative works, photographs, documents, ideas, suggestions, drawings, comments, reviews, ratings, feedback or other materials submitted or transmitted through or in connection with the Program in any manner, including, but not limited to, through the “Contact Us” section (collectively, “Customer Provided Content”) will be deemed not to be confidential, secret or proprietary and may be used by us in any manner consistent with these Terms.

By submitting, uploading, posting or sending Customer Provided Content to, on or through the Program, you: (i) represent and warrant that either (A) your Customer Provided Content is original to you and that no other party has any rights thereto, or (B) that you have the necessary licenses, rights, consents and permissions to use such Customer Provided Content and submit them to the Sites for our use, in accordance with these Terms and with any purposes that may be described in connection with the Program, and that any “moral rights” in the Customer Provided Content have been waived; and (ii) you grant to us (and our affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, store, adapt, publish, translate, create derivative works from, distribute, perform, display, make, exploit, sell, export or incorporate such Submitted Materials (in whole or in part) in other works (including, without limitation, any Program materials), products or services, in any form, media, or technology now known or later developed, and for any purpose. We are not responsible for maintaining, and may delete or destroy, any Customer Provided Content that you provide. You represent and warrant that your Customer Provided Content comply with these Terms, and you agree to keep all necessary supporting documentation, and to make such records available to us upon our request.

  • Proprietary Rights

The Program is operated by Patricia Nash Designs, Inc. and its providers acting on its behalf. All Program design, text, graphics, logos, button icons, images, audio clips, content, design, materials and the selection and arrangement thereof, and all intellectual property and proprietary rights therein and thereto, are owned solely and exclusively by Patricia Nash.

Any other use of website materials – including reproduction, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Patricia Nash is strictly prohibited.

  • Choice of Law/Forum Selection

These terms shall be governed by and construed in accordance with the laws of the State of Tennessee, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Knox County, Tennessee. The Program is intended for users located in the United States.

  • Severability

The provisions of this Program are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal, or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Program Terms without affecting the validity, legality, or enforceability of any of the remaining provisions.

  • Additional Information on the Program

If you have any questions complaints or claims regarding the Program, you may call our Customer Service at (877) 743-6274 or email cs@patricianashdesigns.com.