TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY
 Joyharperash.com, shopjoyharperash.com, & Oliviaash.com are all owned by Joy Harper Ash LLC ("Joy Harper Ash").  These Terms of Use (the “Terms”) apply to and govern your use of  Joyharperash.com, shopjoyharperash.com, & Oliviaash.com (the “Websites”).  Your use signifies your agreement to be bound by these Terms.  If you do not agree to be bound by these Terms, you may not access or otherwise use  Joyharperash.com, shopjoyharperash.com, & Oliviaash.com.  Before using our websites, please review the Security and Privacy Policy (the "Privacy Policy") at Joyharperash.com, shopjoyharperash.com, & Oliviaash.com.

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License to  Joyharperash.com, shopjoyharperash.com, & Oliviaash.com:

Joy Harper Ash LLC grants you a non-exclusive, non-transferable, limited right to access, use and display  Joyharperash.com, shopjoyharperash.com, & Oliviaash.com, and the materials thereon for your personal use only, provided that you comply fully with these Terms.  You will not interfere or attempt to interfere with the operation of Joyharperash.com, shopjoyharperash.com, & Oliviaash.com in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms.

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of  Joyharperash.com, shopjoyharperash.com, & Oliviaash.com for any commercial purpose, nor may you frame or mirror any part of  Joyharperash.com, shopjoyharperash.com, & Oliviaash.com without Joy Harper Ash LLC’s prior written authorization.  Further you may not create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever any materials from  Joyharperash.com, shopjoyharperash.com, & Oliviaash.com without the prior written permission of Joy Harper Ash LLC.

Changes to  Joyharperash.com, shopjoyharperash.com, & Oliviaash.com and/or Terms of Use:

Joy Harper Ash LLC reserves the right, at its sole discretion, to change, modify, add or remove any portion of  Joyharperash.com, shopjoyharperash.com, & Oliviaash.com or these Terms, in whole or in part, at any time.  Changes to these Terms will be effective when posted. You agree to review these Terms periodically to be aware of any changes. Your continued use of  Joyharperash.com, shopjoyharperash.com, & Oliviaash.com after any changes to these Terms are posted will be considered acceptance of those changes.

Trademarks, Copyrights & Restrictions:

The Joy Harper Ash, Joy Harper Ash Home, Olivia Ash, Haute Match, & The Ashlings Co. logos and associated designs, text, graphics and code are the intellectual property of Joy Harper Ash LLC.  Other trademarks, service marks, logos, fonts, images or domain names used on Joyharperash.com, shopjoyharperash.com, & Oliviaash.com that are not the property of Joy Harper Ash LLC are the trademarks, service marks, logos, and/or domain names of their respective owners ("Third Party Marks"). You agree that you will not challenge the respective ownership rights of Joy Harper Ash LLC or any third party in or to their respective Marks, and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of Joy Harper Ash LLC's Marks or Third Party Marks.

Linked Sites:

Joy Harper Ash LLC is not necessarily affiliated with sites that may be linked to or from  Joyharperash.com, shopjoyharperash.com, & Oliviaash.com (the "Linked Sites") and is not responsible for their content.  Links from Oliviaash.com, Joyharperash.com & shopjoyharperash.com to the Linked Sites are for your convenience only and you access them at your own risk.

Non-United States Residents:

Joy Harper Ash LLC makes no representation that  Joyharperash.com, shopjoyharperash.com, & Oliviaash.com, including merchandise offered for sale and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America.  Those who choose to access Joyharperash.com, shopjoyharperash.com, & Oliviaash.com from locations outside of the U.S. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.

Disclaimer:

JOYHARPERASH.COM, SHOPJOYHARPERASH.COM & OLIVIAASH.COM, AND ANY SOFTWARE OR APPLICATIONS, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JOY HARPER ASH LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  JOY HARPER LLC DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SOFTWARE OR APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  MOREOVER, JOY HARPER ASH LLC DOES NOT WARRANT THAT THE SITE, SOFTWARE, APPLICATION OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. JOY HARPER ASH LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, SOFTWARE OR APPLICATION, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT JOY HARPER ASH LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability:

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL JOY HARPER ASH LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SOFTWARE OR APPLICATION, EVEN IF JOY HARPER ASH LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL JOY HARPER ASH LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING  JOYHARPERASH.COM, SHOPJOYHARPERASH.COM & OLIVIAASH.COM.

Indemnification:

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from your breach of this agreement and/or your activities in connection with the site.

Inaccuracy Disclaimer:

From time to time there may be information on  Joyharperash.com, shopjoyharperash.com, & Oliviaash.com that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).  We apologize for any inconvenience this may cause you.

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the County of Fulton within the State of Georgia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  In no event shall you be entitled to injunctive or other equitable relief.  If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Digital Millennium Copyright Act:

In accordance with the Digital Millennium Copyright Act, you may report to our Contact Us page  if you believe your work has been used by Joy Harper Ash LLC in a way that constitutes copyright infringement.

Jurisdictional Issues:

 Joyharperash.com, shopjoyharperash.com, & Oliviaash.com is controlled by Joy Harper Ash LLC from its offices within the State of Georgia, United States of America. Joy Harper Ash LLC makes no representation that materials on  Joyharperash.com, shopjoyharperash.com, & Oliviaash.com are appropriate or available for use in other locations.

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Termination:

Joy Harper Ash LLC may terminate, change, suspend or discontinue any aspect of the Site or the Site's services at any time. If you violate any of these Terms of Use, your permission to use the Site automatically terminates.

 

Liabilities Waiver:

You agree that, except as otherwise provided under applicable laws, neither Joy Harper Ash LLC nor its members, nor the directors, managers, affiliates, officers, employees, agents, contractors, successors or assignees of each, shall be liable for any damages, claims, costs and expenses, liabilities, including reasonable attorneys’ fees whatsoever arising out of or related to the use of the Joy Harper Ash LLC Web Sites or any other web site linked to this web site.

 This liability waiver applies to direct, indirect, special, consequential, and punitive or other damages you or others may suffer, as well as damages for, business interruption, lost profits or the loss of data or information, even if Joy Harper Ash LLC is notified in advance of the potential for any such damages.

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Unlawful Conduct:

You agree you are prohibited from posting or transmitting to any of our websites any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law.

 We reserve the right to seek all remedies available by law and in equity for violations of these terms and conditions, including the right to block access from a particular internet address to this website.

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JOY HARPER ASH, LLC PRIVACY POLICY

 

Joy Harper Ash, LLC ("Joy Harper Ash") has created this privacy policy (the "Privacy Policy") in order to disclose our information gathering and dissemination practices.  By visiting the Joy Harper Ash websites, www.joyharperash.com, www.shopjoyharperash.com, and www.oliviaash.com  (the "website"), all social media pages, and online stores owned by our company including our information on any online store platforms… you are accepting the practices described in this Privacy Policy.  This Privacy Policy governs your use of the website and related services.  By visiting these websites, and/or using the related services, you agree to the terms of this Privacy Policy as they may be amended from time to time.

 

Personal Information We Collect From You:

While on the Website, we may collect "Personal Information" from you and we may collect certain information from your computer each time you visit us. For the purposes of this Privacy Policy, “Personal Information” shall mean individually identifiable information from or about an individual including, but not limited to: (a) first and last name; (b) mailing of physical address, including street name and name of city or town; (c) an email address, wireless address, and/or instant messaging address; (d) a telephone number, wireless and/or fax number; and /or (e) demographic information and/or other information that may identify you as an individual or allow online or offline contact with you as an individual; (f) any other information from or about an individual that is combined with any of (a) through (e) above. To the extent that an individual's credit card specific information may be collected by us in the future, said information will be kept in confidence and will not be shared with any third parties (other than consumer credit agencies or third parties in order to process a purchase of good and/or services) without the user's prior informed consent.

 

How We Use Your Personal Information:

It is our policy never to sell the Personal Information that you supply to us to any third party.  We may, however, employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from user lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our users' Personal Information as needed to perform their functions for us but we do not permit them to use your Personal Information for other purposes. We will also use your Personal Information for customer service, to provide you with information that you may request, to provide you with information regarding new services or contests or sweepstakes ("Promotions") available at the website, to customize your experience on the website and/or to contact you when necessary in connection with transactions entered into by you on the website. We may also use your Personal Information for internal business purposes, such as analyzing and managing our business. We may also combine the information we have gathered about you with information from other sources. We may use third parties to help us operate our business and the website or to administer activities on our behalf.

We also reserve the right to release current or past user information in the event that: (i) we believe that the user is using, or has used, our products, services and/or website: (a) in violation of the Terms of Use, this Privacy Policy or any other of our operating rules, policies, price schedules, and other supplemental terms and conditions or documents that may be published by us from time to time; and/or (b) to commit unlawful acts; (ii) if such information is subpoenaed; (iii) if we are sold or acquired; (iv) or when we deem it necessary or appropriate including, without limitation, sharing your email address with third parties for suppression purposes in compliance with the CAN-SOAM Act, as amended from time to time, and Federal Trade Commission implementing regulations.

In addition, by registering at the website, you agree that such act constitutes an inquiry and/or application for the purposes of the Amended Telemarketing Sales Rule (16 CFR § 319 et seq.), as amended from time to time (the "ATSR") and applicable state do-not-call regulations. Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the ATSR and the applicable state do-not-call regulations.  You may unsubscribe from any of our email marketing programs at any time.  In every email communication we send, there is an unsubscribe hyperlink that allows the recipient to unsubscribe from the specific marketing program by simply clicking the hyperlink provided and following the interactions that follow.  We attempt to process all unsubscribe requests in a prompt fashion. However, after unsubscribing, we cannot guarantee that you will never receive another mailing from us, because we may obtain your email address in the future through a different email marketing program that you have opted into.  However, if you should ever receive another communication from us, you will be able to remove your email address via the unsubscribe hyperlink contained in the subject email message.  We are able to offer our services, in part, based on the willingness of our users to be contacted by our marketing partners including affiliated third party advertisers.  By allowing us to make the information that you supply available to our marketing partners, you will receive product and service information that may be of interest to you. You may, at any time, notify us that you do not wish to have your Personal Information disclosed to third parties for offers and Promotions by sending an email to info@joyharperash.com.

 

How We Use Demographic Information & Aggregate Data:

We may use demographic information to tailor the website to the interest of our users.  Demographic information is shared with third party advertisers so that they can tailor their advertisements to the appropriate audience. Demographic information may also be shared with other third parties in accordance with the terms of this Privacy Policy.  We reserve the right to provide the aggregate or group data about our users for lawful purposes. Aggregate or group data is data that describes the demographic, usage or characteristics of our participants as a group, without disclosing personally identifiable information.  By agreeing to the terms of this Privacy Policy, you hereby consent to the disclosure of any record or communication to any third party when we, in our sole discretion, determine the disclosure to be appropriate.

 

Your IP Address:

Each time that you visit the website, our web server automatically recognizes your IP address and the web page from which you came. Your IP address is used to help identify you and to gather broad demographic information about you. We also use your IP address to help diagnose problems with our servers, to administer the website and to better serve you in using the services and other features contained within the website.

 

Cookies & Actions Tags:

When a user provides an email address during registration at the website, we assign an identification number to that email address and deploy a cookie to the applicable user's PC. Whenever that user comes back to the website using the same PC, the cookie allows the website to identify the user and to recall the user's email address. Other registration information provided by a user during registration (such as name, address, etc.) may be stored, along with the user's email address, in our user database. We may use the information stored in our database: (i) to effectuate the purpose of the transaction for which the information was originally provided by a user; (ii) to pre-populate information fields in the event a user wishes to purchase products and/or services or sign up for and/or subscribe to services, Promotions or other offers in the future; (iii) to ensure that a user will not be repeatedly exposed to the same advertisements, offers and/or Promotions while visiting the website; and/or (iv) to include offers, Promotions or advertisements that were historically, or are likely to be, of interest to that user through regular communication with a user. We also use cookies to anonymously track and target the interests of our users to further enhance the experience of the website.  An action tag or web-beacon (also known as a clear gif or a pixel tag) is a method used to track responses or actions by visitors who view certain advertisements or other information on the website. Action tags are 1x1 pixel images embedded in a website page that are used to transparently collect information. We may use action tags to count the number of times that visitors click on a particular banner ad or visit the pages of the website and to provide information about what products are viewed or purchased. We reserve the right to retain this cookie and action tag data indefinitely.  At no time will we share cookie-related action tag-related and/or generated information or data with third parties.

 

Third Party Websites:

Please be aware that the website may contain links to other websites on the Internet that are owned and/or operated by third parties.  Such websites have their own privacy policies and data collection, use and disclosure practices.  Please review each applicable website's privacy policy.  We do not endorse, nor are we responsible for the accuracy of the privacy policies and/or terms and conditions of each of the advertisers' and/or third parties' websites accessible through this website.  The entities that advertise and/or place banner ads on the website are independent third parties and are not affiliated with us.  The information practices of those websites are not covered by this Privacy Policy.  These other websites may send their own cookies to users, collect data or solicit Personal Information.  Additionally, other companies that place advertising on our website may collect information about you when you view or click on their advertising through the use of cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

 

Security:

We endeavor to safeguard and protect our users' information.  When users submit information at the website, their information is protected both online and offline. The privacy of your Personal Information is very important to us. Please be advised that although we take every reasonable precaution available to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, we cannot warrant that your information will be absolutely secure. Any transmission of data at or through our website is at your own risk. However, access to your information is strictly limited, and not accessible to the public. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all user information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information.  You will be notified via email in the event of such a breach.  Please be advised that notice may be delayed in order to address the needs of law enforcement, to determine the scope of network damage, and to engage in remedial measures.

 

Minors:

Individuals under the age of eighteen (18) are not permitted to register for or participate in any of the Promotions that we offer. No information should be submitted to, or posted at the website by individuals under the age of eighteen (18) without the prior consent of their parent or guardian.  Notwithstanding the foregoing, children thirteen (13) years of age and younger are not permitted to access the website and we do not knowingly collect Personal Information from such children.  We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

 

Removal of Your Personal Information/Opting Out:

At your request, we will remove from our database Personal Information that you have provided to us. You may do so by sending an email to info@joyharperash.com.  However, deleting your Personal Information or otherwise opting-out of receipt of communications from us will only change or delete the data in our database for purposes of transacting future business on the website and for managing future business on the website and for managing future communication received from us. These deletions will not change or delete Personal Information already collected as part of a particular transaction in our database, which may have already been shared with third parties, all as provided above in this Privacy Policy.  You will need to contact third parties who may contact you directly to change your preferences or your Personal Information that they may be using to contact you.

 

Your Acceptance of These Terms:

By using the website including, without limitation, purchasing goods, registering and for entering any Promotion, signing up for offers and/or continuing to receive information from us, you agree to the terms of our Privacy Policy.  We reserve the right, at our discretion, to change, modify, add and/or remove portions of this Privacy Policy at any time.  All Privacy Policy changes will take effect immediately upon their posting on the website.  Please check this page periodically for changes.  Your continued use of the website or acceptance of our emails following the posting of changes to these terms will mean that you accept these changes and agree to continue receiving email from us.  If you do not agree to the terms of this Privacy Policy, please unsubscribe by sending an email to info@joyharperash.com