TERMS | ERICA SARLO

By using this website, www.ericasarlo.com (“Site”), you acknowledge your assent to the following conditions of use without limitation or qualification.

These Terms and Conditions of Use (“Terms”) is a legal agreement between you and E.S. Production Design LLC d/b/a Erica Sarlo & Company (hereinafter referred to as “Company”). By accessing and using any of the materials on the Site (collectively, the “Content”), you agree to be bound by all of the Terms set forth herein. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING OUR SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or access our Site. If you are aware of any person under the age of 18 has provided us with personal data without parental consent, please contact us immediately at erica@ericasarlo.com.

DISCLAIMER

To the fullest extent permissible pursuant to applicable law, the materials on this Site are provided “as is” and without warranties of any kind either expressed or implied and the Company disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from the Site or the Company. The Company does not warrant or make any representations regarding the use or the results of the use of the materials on this Site in terms of their correctness, accuracy, reliability, or otherwise.

The purpose of this Site is to provide information about the Company’s qualifications and experience. Any prior results described on this Site do not guarantee a similar outcome.

This Site may be linked to other Sites which are not maintained by the Company. The Company is not responsible for the content of those Sites. The inclusion of any link to such Sites does not imply approval of or endorsement by the Company of the Sites or the content thereof.

YOU AGREE THAT THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR THE COMPANY WAS GROSSLY NEGLIGENT.

RESTRICTIONS ON USE OF MATERIALS

This Site is owned and operated by the Company. Except as otherwise expressly permitted by the Company, no materials from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Site for your use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Site for public or commercial purposes, including the text, images, audio, and video without the Company’s written permission. The Company neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties.

INTELLECTUAL PROPERTY

All Content contained on the Site, such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Site is our exclusive property, protected by United States and international trademark and copyright laws, treaties and conventions. All software used on the Site is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties, and conventions.

DIGITAL MILLENIUM COPYRIGHT ACT OF 1998 (“DMCA”)

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Site, please notify us in writing:

Identify the copyrighted work that you claim to be infringed.
Identify the material or link you claim is infringing and to which access is to be disabled (at a minimum the URL of the link and exact location where found)
Provide your company affiliation, mailing address, telephone number and email.
Include both of the following statements in your notice to us:
1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g., as fair use).”
2. I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full name and your electronic or physical signature.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the Content of the SITE at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any Content on our Site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

NO GUARANTEES

The Company diligently performs services for its clients; however, past performance is not a guarantee of future success.

LIMITATION OF LIABILITY

While the Company uses reasonable efforts to include accurate and up-to-date information on this Site, errors or omissions sometimes occur. To the fullest extent permissible under applicable law, the Company makes no warranties or representations as to the accuracy of the content of this Site and under no circumstances, including, but not limited to, negligence, shall the Company be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this Site, even if the Company advised of the possibility of such damages. In no event shall the Company’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you to the Company, if any, for accessing this Site.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

JURISDICTION

This Site shall be governed by and construed in accordance with the laws of the State of New York without giving any effect to any choice of law or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York. By your use of this Site, you consent to personal jurisdiction and venue in the state and federal courts located in the State of New York, New York County, with respect to any actions, claims, disputes, or proceedings arising out of or in connection with this Site. Any claim under these Terms must be brought within sixty (60) days after the cause of action arises, or such claim or cause of action is barred.

GENERAL

If any provision of these Terms is found to be invalid, the remaining provisions shall be in full force and effect. These Terms constitute the entire agreement between the Company and you with respect to the Site and its Content. The failure of the Site or the Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by Site or the Company must be in writing and signed by an authorized officer of the Company.

Thank you for visiting our website, www.ericasarlo.com (“Site”). E.S. Production Design LLC d/b/a Erica Sarlo & Company (“Company”) is committed to treating the personal and corporate information of our Site users, customers, and vendors with respect and sensitivity. This Site also uses cookies to personalize your experience and target advertising. By continuing to use our Site, you accept the terms of this Privacy Policy and our Terms of Use (www.ericasarlo.com/terms) (“Terms”) without limitation or qualification.

This Privacy Policy, together with our Terms and any other policies referenced, identifies how we will collect and process any personally identifiable information, such as your name, email, address, financial account information, etc., that we collect from you, or that you provide to us. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU ARE PROHIBITED FROM ACCESSING OUR SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

As our Site evolves and we perceive the need or desirability of using your personal data collected in other ways, we may from time to time amend this Privacy Policy. We reserve the right, in our sole discretion, to make changes or modifications to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Privacy Policy, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Privacy Policy to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.

By providing your Personal Information to us in any format (e.g., via email, telephone, fax, or in person) and/or continuing to use or accessing our Site you accept and consent to the practices described in this Privacy Policy.

INFORMATION WE COLLECT

We collect personal information that you enter on our Site. We do not request or solicit any other information.

Usage Data: Information about your interaction with our Site, including your IP address, browser type, operating system, pages viewed, and the duration of your visit.

Cookies: We may use cookies and similar tracking technologies to enhance your experience on our Site and to analyze trends, administer the Site, track users' movements around the Site, and gather demographic information about our user base. You can set your Internet browser (e.g., Internet Explorer or Safari) to warn you every time a cookie is sent, or to turn off all cookies. See your browser’s Help menu for these instructions. By disabling your cookies you will not have access to some of the features that enhance your user experience

HOW WE USE YOUR PERSONAL INFORMATION

We may use the information we collect for various purposes, including but not limited to:

Analyzing trends, administering the Site, and improving our services;
Customizing your experience on our Site;
To administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes;
To improve our Site to ensure that content is presented in the most effective manner for you and for your computer;
As part of our efforts to keep our Site safe and secure.
Complying with legal obligations.

Disclosure of Your Information

We may disclose your information to third parties in the following circumstances:

With your consent;
To provide Site analytics and other information;
To comply with legal obligations or respond to lawful requests from public authorities;
To protect our rights, property, or safety, or the rights, property, or safety of others;
In connection with a merger, acquisition, or sale of assets.

To provide the Services, we sometimes disclose Personal Information to service providers for business purposes. Sometimes we disclose your Personal Information to those third parties, and they sometimes collect your Personal Information in the first instance and provide it to us (e.g., cookies).

Our service providers are contractually obligated to comply with all applicable laws, and all such third parties use your Personal Information only on our behalf and under our instructions on how your information may be used and processed. We take reasonable steps to ensure these third parties use your Personal Information only for the purposes for which they have been engaged by us, that they do not share or sell your Personal Information to anyone else.

Data Security

We implement reasonable and appropriate technical and organizational measures to safeguard the information we collect. However, please note that no method of transmission over the internet or method of electronic storage is completely secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

We will keep your personal data for as long as we need it, or as otherwise prescribed by law, for the purposes set out above. This period will vary depending on your interactions with us. We may also keep a record of correspondence with you (for example if you have made a complaint) for as long as is necessary to protect us from a legal claim.

ACCESS TO OTHER WEBSITES

Our Site may include links to and from other websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites are not covered by this Privacy Policy. We are not responsible for the privacy practices of any third parties or the content of linked sites although we do encourage you to read the applicable privacy policies and terms and conditions of such parties or websites. This Privacy Policy only applies to how Company deals with your Personal Information, and it does not apply to any other company or any other company’s websites even if you access them via our Site. Please check those websites’ policies before you submit any Personal Information to them.

Protecting Children’s Privacy

We are strongly committed to protecting the safety and privacy of children who visit our Site. Our Site is not designed nor is it intended to be used by children under 13, and we do not knowingly collect personal information online from children under 13 and have adopted techniques to ensure compliance with this Privacy Policy and the Children’s Online Privacy Protection Act of 1998 (“COPPA”).

JURISDICTION

GENERAL

If any provision of this Privacy Policy is found to be invalid, the remaining provisions shall be in full force and effect. This Privacy Policy constitute the entire agreement between the Company and you with respect to the handling of your personal information. The failure of the Site or the Company to exercise or enforce any right or provision of this Privacy Policy shall not operate as a waiver of such right or provision. Any waiver of this Privacy Policy or the Company must be in writing and signed by an authorized officer of the Company.

SPECIAL CALIFORNIA RULES

For residents of California, in addition the above, you have the right to:

access the personal data the Company has collected about you and ask questions about it or make requests;
request changes or corrections to your data;
request a copy of your data and have it moved somewhere else;
opt out of the sharing or sale of your data, or its use with automated decision-making technologies;
limit the use and disclosure of sensitive personal information;
have your data deleted;
experience no discrimination if you choose to opt out or otherwise exercise your rights

The Company will respond to reasonably verifiable requests within 45 days, though that can be extended under certain circumstances for an additional 45 days. In order to assist you with the above rights, we may ask you to verify your identity by providing a copy of your driver’s license and/or passport.

SPECIAL GDPR NOTICE

Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.