The following Terms of Service (“TOS”) constitutes an agreement between Hay Market (dba of Artists Frame Service, Inc.) and you, the visitor, governing your access and use of any content and functionalities available at the Hay Market website (the “Site”).
Hay Market is an Artists Frame Service Inc dba, 1871 N Clybourn Ave, Chicago IL 60614. Before you may use the Site, you must read and accept all of the terms and conditions in, and linked to, this TOS. By visiting the Site, you agree to this Terms of Service. If you do not agree with everything in this document, please do not use the Site.
Use of the Site
Accounts and Passwords
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Hay Market immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Hay Market or any other user of or visitor to the Site due to someone else using your Hay Market ID, password or account. You may not use anyone else’s Hay Market ID, password or account at any time without the express permission and consent of the holder of that Hay Market ID, password or account. Hay Market cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
We may direct you to other sites to serve your needs on particular items, we are not responsible for the content of these Sites, nor do we control, sponsor, endorse or approve them. Your use of those links is at your own risk.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Hay Market, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web Site or other medium for publication or distribution or for any commercial enterprise, without Hay Market’s express prior written consent. Information and data made purposely available by Hay Market such as specification sheets and product information may be downloaded from the Site provided that you follow these five rules:
- Information will be used for the sole purpose of the individual’s decision on whether to purchase a particular item.
- Proprietary language must remain on downloaded item.
- Make no modifications to any such information.
- Use such information only for your personal requirements only.
- Do not make any additional representations or warranties relating to such documents.
Purchases; Other Terms and Conditions
Hay Market’s furniture is not guaranteed for commercial use.
Errors and inaccuracies
Hay Market reserves the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice. This includes incorrect pricing and typographical errors in product descriptions and availability. Hay Market maintains the right to correct such errors whenever found, including after an order has been submitted. Please see our return policy in the event that you are not satisfied with your purchase.
Comments and Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to jaysonhome.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain Hay Market property. Such disclosure, submission or offer of any Comments shall constitute an assignment to jaysonhome.com of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Hay Market will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Hay Market is and shall be under no obligation to maintain any Comments in confidence; to pay to user any compensation for any Comments; or to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, photographs, marketing concepts, or merchandising suggestions.
Hay Market has done our best to portray our products in the most accurate way, but we cannot and will not be responsible for the way in which the photographs and product representations appear on your computer screen. There are too many variables such as color; brightness and tinting that can change how the images appear on your computer or printer.
Notes and messages on gift items
Notes for gifts cannot be considered lewd, indecent, obscene, harassing, or threatening or perceived in any way of being offensive. Messages can be rejected for any reason that Hay Market feels could make a negative environment for the receiver.
Hay Market does not promise that the Site or any Content, service or feature of the Site will be error free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its Content are delivered on an as is and as available basis. All information provided on the Site is subject to change without notice. Hay Marketcannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features. Hay Market disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Hay Market will not be liable for the acts, omissions, and conduct of any third parties in connection with or related to your use of the Site and/or any Hay Market services. You assume total responsibility for your use of the Site and any linked Sites. Your sole remedy against Hay Market for dissatisfaction with the Site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Hay Market reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Hay Market be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Hay Market has been advised of the possibility of such damages.
Hay Market’s furniture is not guaranteed for commercial use.
Hay Market may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Hay Market’s rights or property, or the rights or property of visitors to or users of the Site, including Hay Market’s customers. Hay Market reserves the right at all times to disclose any information that Hay Market deems necessary to comply with any applicable law, regulation, legal process or governmental request. Hay Market also may disclose your information when JHay Markete determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Hay Market may, in its sole and discretion without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution