Terms and Conditions
Please review the following Terms and Conditions of Use ("Terms") carefully before using www.Duralee.com (the "Site"), a website operated by Duralee Fabrics, LTD ("Duralee," "we," "us," or "our"). Duralee® and the ® design are registered service marks and trademarks of Duralee Fabrics, LTD and represent the goodwill of our company. These Terms contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
Agreement to Terms and Conditions of Use
These Terms apply to your use of the Site. These Terms also apply to your purchase of products or services ("Product" or "Services") sold on the Site. By using this Site, accessing information on this Site, ordering Product or accepting delivery of Product, it means that you have read, understood, and have agreed to these Terms and it forms a legally binding agreement to these Terms. Before purchasing Product or Services, or obtaining content from the Site, you may be prompted to accept these Terms. By clicking “Agree” you indicate your consent and agreement to Duralee’s Terms. These Terms constitute the entire and only agreement between Duralee and you regarding your use of the Site. All prior or contemporaneous agreements, warranties and understandings regarding your use of the Site, or your purchase of Product, are specifically disclaimed and superseded by these Terms. If you do not agree with these Terms, or if you disagree with specific parts of these Terms, then do not use our Site. Your continued use of the Site means you have agreed to the Terms. You cannot use our Site and at the same time object to these Terms.
Changes to the Terms
We reserve the right to change these Terms at any time, without prior notice to you or to other users of our Site. Your continued use of the Site after the Terms are changed constitutes your agreement to the changes that were made, and your continued agreement to be bound by these Terms, as so changed. At the bottom of these Terms you can find the date that the Terms were last changed. If you are not satisfied with our Site or these Terms, your only remedy is to stop using the Site.
ACCESS TO THE SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
Our Site is a commercial and business Site designed for use by persons age 13 or older. Anyone using our Site represents to Duralee that he or she is 13 years of age or older. If you are younger than age 13, then you are not authorized to use our Site, and you are not authorized to submit or post any information, including without limitation, personally identifying information, on our Site. Additionally, if you are under 18, you may not purchase products from the Site.
Limited License and Site Access
Not Responsible for Errors
Our Site may contain errors, may be missing information or may not be current. We reserve the right to correct any errors or omissions and to update information at any time without prior notice. Corrections or updates may occur after you have submitted an order from our Site. In that event, we will attempt to contact you with the correct information before processing your order. If we are unable to contact you with the correct information, then you may return the item according to our return policy. If an item is listed at an incorrect price or with incorrect information, then at our sole discretion we reserve the right:
- to refuse orders for that item,
- to contact you for instructions, or
- cancel your order and notify you of the cancellation.
We reserve the right to limit quantities, even after you have submitted an order from our Site. We apologize for any inconvenience that this may cause you.
PRICES AND SELECTION ON OUR SITE MAY VARY FROM THE PRICES AND SELECTION IN OUR STORES. WE WILL HAVE NO LIABILITY FOR ANY PRICE DIFFERENCES, NOR FOR ANY DIFFERENCES IN SELECTION.
The content, text, organization, selection and arrangement of elements, graphics, fabric and furniture designs, compilation, magnetic translation, digital conversion, and all other matters related to the Site, including without limitation, the "look and feel" of this Site, are protected under applicable copyrights, trademarks, and other proprietary rights and are our property, or are included with the permission of the owner, and are protected under United States and International copyright and trademark laws. You do not acquire ownership rights when viewing this Site. You cannot use, copy, distribute, display, publish, transmit or create derivative works of any designs, content or material on this Site, except as expressly permitted by these Terms. All software used on this Site is the property of Duralee or its software suppliers and is protected by U.S. and international copyright laws.
All logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress and trade names displayed, cited or otherwise indicated on this Site are trademarks of ours, or of our affiliates, or of other third parties. The copying, redistribution, use or publication of our marks or any third party marks is prohibited.
Colors are not guaranteed. Due to color variability in computer and screen monitors, we have no liability if colors of the products do not match their display on the Site.
We reserve the right to change and discontinue Product at any time without notice to you. Duralee may substitute Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described on the Site are possible.
Disclaimer of Warranties and Limitation of Liability
DURALEE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF OUR SITE AND THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OUR SITE. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR SITE IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS.
WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, THE PROVISION OF SERVICES AND SUPPORT, LOSS OF, OR DAMAGE TO, PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR NATURE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT:
- RESULTS FROM PRODUCT NOT BEING AVAILABLE FOR USE,
- RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY WEB SITE WITH WHICH IT IS LINKED, OR
- IS CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEB SITE, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
- YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE PURCHASE PRICE (PLUS SHIPPING, IF APPLICABLE) INVOICED FOR THE PRODUCT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY AND SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, WILL NOT EXCEED $100 U.S. CURRENCY. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THE REMEDIES SET FORTH IN THESE TERMS APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
- NOTE: THE ABOVE DISCLAIMERS DO NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT.
- YOU ACKNOWLEDGE THAT THIS SITE AND THE INFORMATION PROVIDED AT THIS SITE WOULD NOT BE PROVIDED BY DURALEE WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS.
Other Web Sites
Our Site may provide a link or advertisement to another Web site that is operated by a third party. We provide these links for your convenience, and we do not endorse such other Web site or its contents. We have no control over, and do not review, these Web sites or their content. Under no circumstances will Duralee be responsible or liable, whether directly or indirectly, for any loss caused or allegedly caused by these other Web sites, including, without limitation, their content, the goods and services offered by them, or your reliance on them. We have not investigated, monitored or checked these other Web sites for accuracy, completeness, or conformance with applicable laws and regulations. If you leave our Site and access these other Web sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such Web sites will apply to you while on such other Web sites.
Use of Information Provided by the User
You agree to indemnify, defend, release and hold harmless us, our affiliates and our respective directors, officers, employees and agents from any liability, loss, claim, fine, penalty and expense, including without limitation, reasonable attorney's fees, related to your violation of these Terms or your access or use of the Site or any of the information or materials available, or Products purchased, through this Site.
Information and Press Releases
The Site contains information about Duralee and our affiliates. While this information was believed to be accurate as of the date it was prepared, we and our affiliates disclaim any duty or obligation to update this information or any press releases.
Copyrights and Copyright Agent - Copyright Infringement Notification
The following is provided pursuant to the requirements of the DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") designating the Company's agent for the notification of claims of infringement pursuant to Section 512(c) of the Copyright Act, 17 U.S.C. §§ 101 et seq. If you believe that content available on or through the Web site infringes one or more of your copyrights, please immediately notify the Company's Copyright Agent by mail at the respective addresses below (each a "Notification" and collectively, "Notifications" providing the information for a Notification as described below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Web site infringes your copyright, you should consider first contacting an attorney.
All Notifications should include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Web site are covered by a single Notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity ("Infringing Material") and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company or other party identified in the Notification as a "service provider," as such term is defined under the DMCA, to locate the Infringing Material.
- Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to the following:
Alan M. Sack
Fox Rothschild LLP
100 Park Avenue, 15th Floor
New York, NY 10017
Editing; Deleting; Modifying
We have the right, in our sole discretion, to refuse, modify or remove any material submitted to or posted on the Site and to terminate, change, or suspend (temporarily or permanently) any aspect of the Site (or the entire Site) at any time and from time to time, without notice or liability to you. Without limiting the foregoing, we have the right without any liability, to remove any material, including goods for sale, that we find, in our sole discretion, to be objectionable or in violation of these Terms.
The language in these Terms will be interpreted as to its fair meaning and not strictly for or against either party. If any part of these Terms is held invalid or unenforceable, the remaining portions of these Terms remain in full force and effect. To the extent that anything in or associated with the Site or Product is in conflict or inconsistent with these Terms, these Terms control.Your failure to enforce any provision of these Terms is not a waiver of such provision nor of the right to enforce such provision. No agency, partnership, joint venture, or employment is created as a result of these Terms, your use of the Site, or your purchase of Product or Services.
This document was last updated on April 21, 2011.