terms of service

THESE TERMS OF SERVICE WERE MODIFIED ON MARCH 13, 2016.

This Terms of Service Agreement (“Agreement”) is legally binding between you and ECLECTIC REFINED. This Agreement governs your use of ECLECTIC REFINED’s website, consulting, and other services, so please read it carefully. After reading this Agreement, should you decide you do not want to be bound by it, please leave the site and do not make any purchases. If you remain on the site, return to it at a later time, or purchase a service, you agree to be bound by this Agreement as it is presented at the time of your use or purchase.

third party beneficiary

Squarespace is designated as a third party beneficiary for intellectual property, limitations of liability, limitations of remedy, disclaimers of warranty and indemnification provisions each for the benefit of Squarespace.

age restrictions

ECLECTIC REFINED is intended for use only by persons 18 years and older. If you are under 18 (or under 19 and living in Alabama or Nebraska or under 21 and living in Mississippi), you may not use the site or purchase any of the services offered on the site.

editorial policy

All posts are written by ECLECTIC REFINED and are based on personal experiences and opinions. ECLECTIC REFINED reserves the right to remove any previous posts without notice or explanation. Any comments that are deemed inappropriate by ECLECTIC REFINED may be deleted.

press samples and gifted items

Occasionally various brands, retailers, and PR companies contact ECLECTIC REFINED to send products and samples free of charge for consideration for review. ECLECTIC REFINED does not accept samples from every offer proposed and products sent to ECLECTIC REFINED are not guaranteed to be reviewed. Press samples and products provided free of charge or sponsorships do not affect reviews on the product. Press samples or products will not be returned for any reason. All press samples and gifted products will be disclosed with “℅” (courtesy of) in the corresponding post.

sponsors and affiliate partnerships

ECLECTIC REFINED does accept monetary compensation through affiliate links and sponsored collaborations in partnership with various brands, retailers or PR firms. Posts containing affiliate links can generate a commission on purchases made from clicking directly from this blog to the online retailer. Note that not all links published on this blog are affiliate links. Utilizing these links helps support this website. ECLECTIC REFINED is very particular about endorsing any product and only does so when truly a fan of the quality and design of the product. The same applies to any promotion of brand, event, or discount promotion deals.

indemnification

You agree to hold ECLECTIC REFINED, and their subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns (collectively, the “Indemnified Parties”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the ECLECTIC REFINED and all services offered on ECLECTIC REFINED'S website; (ii) your violation of this Agreement, and any applicable law or the rights of another person or party; (iii) your improper authorization for ECLECTIC REFINED to collect, use or disclose any content provided by you; and (iv) any disclosures made with your permission. At your own expense, you agree to cooperate with any Indemnified Party as reasonably necessary. Indemnified Parties retain the right to take control of any matter that they are indemnified for under this Agreement. You agree not to settle any matter involving an Indemnified Party without the consent of the Indemnified Party.

disclaimer of warranties

ECLECTIC REFINED offers opinions and styling services for personal use only. Everything stated or implied on this website and/or during consultations and other services are the opinions of ECLECTIC REFINED and should be taken as opinions only. It is your responsibility to determine whether or not to follow the opinions given by ECLECTIC REFINED. If you choose to act on opinions given by ECLECTIC REFINED, you do so at your own risk. ECLECTIC REFINED makes no express or implied warranties regarding the outcome of your decision to follow or not follow the opinions offered by ECLECTIC REFINED, and ECLECTIC REFINED will not be liable for any damages or loss resulting from a decision to follow or not follow the opinions offered on this website and/or during consultations.

ECLECTIC REFINED HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS WEBSITE AND THE SERVICES PROVIDED BY ECLECTIC REFINED ARE MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR GIVEN OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL ON THE SITE OR ANY STATEMENTS MADE OR IMPLIED DURING CONSULTATIONS AND OTHER SERVICES. ECLECTIC REFINED OFFERS CONTENT ON THIS WEBSITE AND PROVIDES ALL STATEMENTS DURING CONSULTATIONS WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, ECLECTIC REFINED MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS SITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, OR ERROR FREE.  

limitation of liability

TO THE EXTENT THAT YOU MAY BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. THIS INCLUDES ANYTHING STATED OR IMPLIED DURING A CONSULTATION. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION WILL TAKE PRECEDENCE.

IN NO EVENT WILL ECLECTIC REFINED BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU HAVE NOTIFIED US ABOUT SUCH DAMAGES. NOR WILL ECLECTIC REFINED BE LIABLE FOR ANY OF THE CLAIMS LISTED IN THIS SECTION THAT ARE BROUGHT BY THIRD PARTIES.

links

ECLECTIC REFINED contains links to other sites. These links are provided for user convenience. ECLECTIC REFINED does not assume responsibility for the content of these sites. If you believe ECLECTIC REFINED has provided a link to illegal or infringing content, please notify ECLECTIC REFINED. ECLECTIC REFINED will then determine, in its sole discretion, whether or not to disable the link.

intellectual property

The content on ECLECTIC REFINED’s website, including without limitation all trademarks, service marks, and logos, are owned by ECLECTIC REFINED and are subject to copyright and other intellectual property rights under United States and foreign laws. ECLECTIC REFINED’s intellectual property may not be distributed or reproduced by any means, electronic or mechanical, including photocopying, or by any information or retrieval system without written permission from ECLECTIC REFINED and giving proper credit to ECLECTIC REFINED. In addition, you agree not to modify or exploit in any manner any information and/or material contained on ECLECTIC REFINED without written permission. ECLECTIC REFINED expressly reserves all rights not otherwise granted in this clause.

If you believe that anything posted on ECLECTIC REFINED violates a copyright that you own, you may contact ECLECTIC REFINED using the “CONTACT” link on the homepage to have the posting taken down.

violations

Access to this site and use of the services offered by ECLECTIC REFINED are conditioned on your adherence to this Agreement. If you violate any of this Agreement, you agree that we may deny you access to this site and refuse to provide you with any of the services offered by ECLECTIC REFINED. If asked to do so, you agree that you will not access this site.

complete agreement

This Agreement is the entire agreement between you and ECLECTIC REFINED relating to your access to and use of this site and your use of consultations and other services. This Agreement supersedes any prior or contemporaneous representations or agreements. Any rights not expressly granted in this Agreement are reserved by ECLECTIC REFINED.

modification and termination

This Agreement may not be modified by employees of ECLECTIC REFINED. Any employee who offers to alter this Agreement or to remove any material from this website is not acting as an agent of ECLECTIC REFINED. You may not rely and should not act in reliance on any communication from an employee or anyone else claiming to act on behalf of ECLECTIC REFINED. This Agreement can only be modified in two ways. First, this Agreement may be modified with written consent in a notarized agreement signed by Lygie Hinkle. Second, this Agreement may be modified by periodic revisions to this page by ECLECTIC REFINED. As a part of your acceptance of the terms of this Agreement, you agree that ECLECTIC REFINED may modify the terms of this Agreement in its sole discretion, without advance notice. Your continued use of ECLECTIC REFINED’s site and services is conditioned on your acceptance of the then-current version of this Agreement. ECLECTIC REFINED will post a notice of any changes to this Agreement for thirty (30) days following any modifications. You agree to review this Agreement at least once every thirty (30) days. Should you disagree with any modifications, your only recourse is to stop using ECLECTIC REFINED’s site and services. Your continued use of ECLECTIC REFINED’s site and services will indicate your acceptance of the then-current Agreement.

venue/governing law

All disputes arising out of or relating in any way to this Agreement or ECLECTIC REFINED’s ownership, operation or maintenance of this website or any dispute arising to any of the services offered by ECLECTIC REFINED shall be governed by and construed in accordance with applicable federal law and the substantive laws of the Commonwealth of Virginia, without regard to conflict of law principles. Any such dispute shall be resolved exclusively in the state or federal courts located in Arlington, Virginia.

construction

If any portion of this Agreement is ruled invalid or otherwise unenforceable, this Agreement shall be deemed amended in order to achieve, as closely as possible, the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of this Agreement as possible.

privacy policy

ECLECTIC REFINED collects user submitted account information such as name and email address to identify you and send you notifications related to the use of the services ECLECTIC REFINED provides. ECLECTIC REFINED also collects user submitted location information such as city, state or zip. ECLECTIC REFINED collects some information that is not explicitly submitted by the user; we log your browser-type related information, IP address, requested URL, referring URL, and timestamp.

ECLECTIC REFINED may use your email address to send you updates or news regarding our site if requested, but you may choose not to receive email of this type by not signing up for this service. Additionally, we use your email address to contact you regarding services requested.

ECLECTIC REFINED may use third-party advertising companies to serve ads when you visit our site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other sites in order to provide advertisements about goods and services of interest to you.

Browser-type related information, IP address, requested URL, referring URL, and timestamp data help us diagnose problems with our server, administer ECLECTIC REFINED, and otherwise provide the highest possible level of service to you. In addition, ECLECTIC REFINED uses this information to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the site and to inform advertisers of such information as well as the number of users that have been exposed to, or clicked on, their advertising banners.

ECLECTIC REFINED does not knowingly collect information from children. This website is intended for use by adults only.

Except as set forth in this Privacy Policy, ECLECTIC REFINED does not sell, rent, share, trade or give away any of your personal information. ECLECTIC REFINED will disclose information about individual users to governmental or judicial authorities or law enforcement agencies, or to other individuals or entities in response to subpoenas, court orders, or other legal processes. Further, ECLECTIC REFINED may share information in order to investigate, prevent, or take action regarding illegal activities or suspected fraud, or to enforce or apply the terms and conditions of this Privacy Policy.