Hound Hill Design Terms of Service (TOS):
By using the HoundHillDesign.com website you agree to be bound by the following terms and conditions:
Copyright and Intellectual Property Policy
All text, text combinations, photography, graphics, artwork, buttons, images, gif's, videos, audio, and the like, collectively known as "content" are the sole ownership of Hound Hill Design and are copyright. You may download one copy for your personal viewing, but must maintain it's original appearance bearing all copyrights and unaltered in all respects. All rights are reserved. Duplication, alteration, distribution of content is prohibited. For reproduction of use, written permission must be sought from Nancy Toon.
Privacy Policy
Please find our full privacy policy at the following URL: privacy_policy.html
Limitations of Liability and Indemnification
Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.
Limited Warranties
HOUND HILL DESIGN DOES NOT AND CANNOT CONTROL THE FLOW OF INFORMATION TO OR FROM HOUND HILL DESIGN WEBSITE AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES USED IN CONNECTION WITH THIS WEBSITE AND ARE CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). HOUND HILL DESIGNCANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY HOUND HILL DESIGN DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
Delays and Interruptions
HOUND HILL DESIGN SHALL NOT BE LIABLE FOR ANY LOSS OF DATA RESULTING FROM DELAYS, CORRUPTION OF DATA, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES, AND HOUND HILL DESIGN SHALL HAVE NO LIABILITY THEREFOR. EXCEPT TO THE EXTENT OF HOUND HILL DESIGN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER HOUND HILL DESIGN NOR ITS NETWORK SERVICES SUPPLIER WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO HOUND HILL DESIGN OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF HOUND HILL DESIGN OR ITS NETWORK SERVICE SUPPLIER'S NEGLIGENCE.
Indemnification
Each party agrees to indemnify and hold the other harmless against any losses, costs, expenses (including, but not limited to, reasonable attorneys' fees), claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") resulting from any claim, suit, action, or proceeding brought by any third party against the other or its affiliates related to or arising out of (i) any infringement or misappropriation or alleged infringement or misappropriation of any United States copyright, trade secret, patent, trademark, or other proprietary right related to any hardware or software or product utilized in connection with any of the Services (but excluding any infringement contributorily caused by the other party), and (ii) any violation of or failure to comply with the Rules or Regulations. Customer further agrees to indemnify Hound Hill Design and its affiliates against any Losses which arise out of, or relate to any content provided by Customer or the customers/clients of Customer, and Customer will reimburse Hound Hill Design and its affiliates for all legal expenses, including reasonable attorneys' fees, incurred by Hound Hill Design and its affiliates in connection with any such Losses.
Consequential Damages
EXCEPT FOR THE PARTIES INDEMNITY OBLIGATIONS, IN NO EVENT WILL EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.
Jurisdiction, Venue and Choice of Law
The parties agree that all disputes shall be brought before a U.S. District Court in the County of Suffolk located in New York . If the District Court may not consider the dispute, all disputes shall be brought before the New York Superior Court. The parties agree that these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this Agreement or any ancillary document executed pursuant to it. Further, the parties agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court. State law issues concerning construction, interpretation and performance of this Agreement shall be governed by the substantive law of the State of New York, excluding its choice of law rules. The United Nations Convention on Contracts for International Sale of Goods shall not apply.
Contacting Us
Product questions, order status, inquiries, and requests should be sent to us by e-mail: Support@HoundHillDesign.com. You may also reach us by calling
631.377.3165 between the hours of 10AM -5PM EST. If you do not reach someone immediately, please leave us your name and telephone number, and we will return your call promptly.