Changes to the Terms
We may make changes to the Terms from time to time and at any time without notice to you by posting modification to the Terms at the Site. All changes are effective immediately when we post them. By using the Site following such changes, you agree to be bound by such changes. Please check the Site periodically to familiarize yourself with any changes that may have been made to the Terms.
The Site is offered and available to users who reside in the United States or any of its possessions or territories, and are at least of majority in your jurisdiction or residence. By using the Site, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet all of these requirements, you are not authorized to use or access the Site.
All elements comprising the Site, including without limitation, the text, site design, logos, graphics, icons, images, software, and sounds as well as the selection, assembly, and arrangement thereof (collectively “Content”) are the sole property of MF or its licensors, and are protected by applicable U.S. and international intellectual property laws. MF and its licensors expressly reserve all intellectual property rights of all Content.
The collection, selection, and arrangement of the Content on the Site is the exclusive property of MF and is protected by U.S. and international copyright laws. Copyright 2015 Mitchell Fabrics, LLC. All rights reserved.
The trademarks, service marks, trade names, and logos appearing on the Site (collectively, “Trademarks”) are owned by MF or others. All rights in such Trademarks are reserved by their respective owners.
Use of Site and Restrictions
Subject to your compliance with the Terms, permission is granted to you to use the Site for your own personal non-commercial use, or directly in connection with your authorized sales and marketing of MF products. You may download, print, and copy Content for such purposes only, provided you do not modify or alter the Content or violate the Terms in any way. Any other use is strictly prohibited. Without limiting the foregoing sentence, you will not: (i) modify, revise, translate, or create any derivative works of the Site or an of its Content; (ii) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code for the Site; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Site or any of its Content; (iv) remove or alter any proprietary notices, legends, symbols, or labels in the Site, including but not limited to, any trademark or copyright notices; (v) transmit a virus or other destructive mechanisms to the Site or Site users; (vi) create a database by systematically downloading and storing any Content from the Site; (vii) use an automated search/retrieval application (e.g., a robot or spider) or device to access, scrape, data mine, or index the Site or any portion of the Site without our express written consent; (viii) take any action that imposes an unreasonable or large load on the Site or makes excessive traffic demands of the Site; (ix) attempt to gain unauthorized access to the Site or any of the servers on which it is hosted; (x) frame or mirror all or any portion of the Site; or (xi) otherwise attempt to interfere with the proper operation of the Site.
Your permission to access or use the Site or any Content immediately terminates in the event you breach any of the Terms. Any rights not granted to you in the Terms are expressly reserved by us.
If you choose, or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to, or us of your name or password or any breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of the Terms and Conditions.
Communications with Us
By sending us any ideas, comments, suggestions, questions or other material, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such material in any manner, including in connection with our business, and you also agree that we are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
Due to many differences, we cannot guarantee that the colors shown on the color range will match exactly the actual color of the fabric, blind or shade. Many variables can alter the color you see as you view our website. The majority of computer monitors display up to millions of colors and the human eye can only decipher a very small fraction of those colors. And with that small fraction, we all see them in a different way/ Monitors have inherent limits, and electronically reproducing color on the internet is imprecise. As a result, we cannot assure you that what you see accurately portrays the color.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who may be informed of any of its contents. We may update the Site from time to time, but the Content is not necessarily complete or up-to-date. Any of the Content on the Site may be out of date at any given time, and we are under no obligation to update such material. Certain products shown on the Site may not be available in your area.
Third Party Sites
The Site may include links to websites or applications operated by third parties. We make no representations whatsoever about any third party websites or applications that yo may access through the Site. Your use of such sites or applications is at your own risk.
Any and all links to our Site must be approved by us in writing, except where: (i) the link is a text-only link containing only the name mitchellfabrics.com; (ii) the link is to mitchellfabrics.com; (iii)when activated, the link will display in the Site on the full-screen and in a fully operable and navigable browser window and not within a “frame” on the linked third party site; (iv) the appearance, position, and other aspects of the link may neither create the false appearance that a third party or its activities, products, or services are endorsed by, associated with, or sponsored by us; and (v) the appearance, position, and other aspects of the link does not damage or dilute the goodwill associated our names or trademarks.
You agree to indemnify, defend, and hold harmless MF, its subsidiaries, affiliates, and their respective officers, directors, managers, employees, agents, representatives, suppliers, and content and service providers from, and against, all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your use of the Site, your violation of the Terms, or any activity related to your use of the Site.
Disclaimers; Limitation of Liability
THE SIRE, ITS CONTENTS, AND THE PRODUCTS AND SERVICS AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENET PERMITTED BY LAW, MF, ITS SUBSIDIARIES, AND AFFILIATES EXPRESSLY DISCLAIM ALL REPRESNETATIONS AND WARRANTIES, EXPRESS OR IMLIED, OF ANY KIND WITH RESPECT TO THE SIRE, ITS CONTENTS, ITS USES AND THE PRODUCTS AND SERVICES OFFERED ON THE SIRE, INCLDUING BUT NOT LIMITED TO WARRANTIES OF MERCHANABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SIRE IS AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAONNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL MF, ITS SUBSIDIRIES, AFFLIATES, OR THEIR REPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDNETAL, PUNITITVE, AND CONSEQUENTIAL DAMAGES, EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGNECE, OR OTHER THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE, ANY MATERIALS AT THE SITE, OR ANY PRODUCTS OR SERVICES AVAAIABLE AT THE SITE. YOUR ONLY REMEDY FOR USE OF THE SITE OR ANY MATERIAL, PRODUCTS, OR SERVICES AVAILABLE AT THE SIRE IS TO STOP USING THE SITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The sire is controlled by MF from its headquarters in Lafayette, Indiana. Your use of the Site shall be governed by the laws of the State of Indiana without regard to its choice of law principles. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Tippecanoe County, Indiana with respect to any legal proceedings arising out of the Terms of your use of the Site.
No delay or omission by MF in exercising or enforcing any right under the Terms will operate as a waiver of that, or any other right. If any provision in the Terms is held invalid, the remainder of these Terms shall continue to be enforceable, If any provision in the Terms is deemed unlawful, void, or unenforceable, then that provision is deemed severable from the Terms and the remaining provisions are still vaild and enforceable.
You acknowledge that the Site, or any services or materials provided on the Site, may be modified, updated, interrupted, suspended, or discontinued at any time without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
We may close your account, suspend your ability to use all or certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing or using the Site. The Terms remain in effect even after your account or ability to access the Site is terminated.