Trademarks.
This Site may use
logos which are trademarks or service marks of Preferred Interiors Enterprises. While navigating our Site, you may also
encounter trademarks or service marks of third parties, which will
be so identified. You may not use any trademarks or service
marks without the express written permission of their respective
owners.
Copyright.
The
content, organization, graphics, design, compilation, and other
materials on this Site are protected under applicable copyright,
trademark, and other intellectual property rights. The
copyrights are owned by Preferred Interiors Enterprises, or in
some cases, the original creator of the material (where noted).
By virtue of visiting our Site; you do not acquire ownership
rights in any of the content, documents, or other materials viewed
through the Site. The copying, distribution, redistribution, use,
or publication by you of any part of this Site is strictly
prohibited except as set forth in the Limited
Right to Use clause
immediately below. The posting of information or materials
on the Site does not constitute a waiver of any of our
rights in such information or materials. Preferred
Interiors Enterprises reserves the right to accommodate and
otherwise not interfere with standard technical measures used by
copyright owners to protect their materials.
Limited
Right to Use.
Except as otherwise allowed by law,
the viewing, printing or
downloading of any content, graphic, form or document from the
Site grants you only a limited, nonexclusive license for use
solely by you for your own personal use, and not for
republication, distribution, assignment, sublicense, sale,
preparation of derivative works, or other use. All
information copied from this Site must retain all applicable
copyright notices.
Notice
of Infringement or Defamation. Any
notice regarding any defamatory or infringing activity, whether of
a copyright, patent, trademark or other proprietary right, should
be forwarded directly to Preferred Interiors Enterprises, and must
include the following information:
 | A physical
or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed; or the person defamed.
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 | Identification
of the copyrighted work claimed to have been infringed; or, if
multiple copyrighted works at issue, a representative list of
such works. Similarly for other types of infringing materials,
a list of such materials.
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 | Identification
of the material that is claimed to be infringing, or that is
claimed to be defamatory, and that is to be removed.
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 | Information
reasonably sufficient to permit us to contact you, such as
your address, telephone number, and/or email address.
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 | A statement
that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright or
other proprietary right owner, its agent, or the law.
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A
statement that the information in the notification is
accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed or on behalf of the person defamed.
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No
Warranty.
While Preferred Interiors
Enterprises attempts to provide accurate information on this site;
it assumes no responsibility for accuracy.
Material on
this Site is provided "as is" and does not constitute a
warranty of any kind, either express or implied. Preferred
Interiors Enterprises disclaims all warranties, expressed or
implied. This includes but is not limited to implied
warranties of merchantability, fitness for a particular purpose,
and non-infringement. It also includes any expressed or
implied warranties arising from any course of dealing, usage or
trade practice.
Limitation of
Liability.
Preferred Interiors Enterprises is not, and will not be,
liable for any direct, indirect, special, incidental or
consequential damages arising out of the use -- or the inability
to use -- the material on this site. This includes but
is not limited to the loss of data or loss of profit, even if
Preferred Interiors Enterprises was advised of the possibility of
such damages.
Links to Third
Party Sites.
Preferred Interiors Enterprises may from
time to time provide links to Internet sites maintained by third
parties ("Third Party Sites") and may from time to time
provide third party materials on this Site. Preferred
Interiors Enterprises provides these links as a convenience to our
visitors and customers. Any mention on this Site of products
or services provided by third parties is for informational
purposes only and constitutes neither an endorsement nor a
recommendation by Preferred Interiors Enterprises.
Preferred Interiors Enterprises assumes no responsibility for your
use of those products or services. Your dealings with any third
parties mentioned on or found through this Site are solely between
you and such third party, and are subject to any terms,
conditions, warranties or representations associated with such
dealings. You agree that use of Third Party Sites is AT YOUR
SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY Preferred
Interiors Enterprises, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES
OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS Preferred Interiors
Enterprises LIABLE FOR ANY DAMAGES ARISING FROM TRANSACTIONS
BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON
THIRD PARTY SITES OR ANY OTHER SITE LINKED TO THE SITE.
Right to
Change the Site.
Preferred Interiors Enterprises, or it's
designees, may discontinue, edit, delete or
change any aspect of the Site, including, but not limited to: (i)
restricting availability times, (ii) restricting compatibility
with certain computer software or hardware, (iii) restricting
amounts of use permitted, and (iv) restricting, suspending or
terminating any user's right to use the Site, at Preferred
Interiors Enterprises' sole discretion and without prior notice or
liability.
No Unlawful
Purposes.
You agree that you will not use the Site or any information or
services related thereto for any unlawful purpose.
Preferred Interiors Enterprises, in its' sole discretion, shall
determine whether any use violates this provision. You
are prohibited from posting or transmitting any unlawful,
threatening, obscene, libelous, or otherwise offensive material.
Prohibited
Behavior.
You are prohibited from
using the Site in any way to do any of the following:
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restrict
or inhibit any other user from using and enjoying the Site;
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restrict
or inhibit any other user from using and enjoying the Site;
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post or
transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national, or international
law;
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post
or transmit comments containing harassing or offensive
language, including sexual references, sexual nicknames,
racial slurs or rude or deliberately offensive comments;
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post or
transmit any information, software or other material which
violates or infringes the rights of others, including material
which is an invasion of privacy or publicity rights or which
is protected by copyright, trademark or other proprietary
right without first obtaining permission from the owner;
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 | post or
transmit any information, software or other material which
contains a virus or other harmful component;
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post or
transmit any information, software or other material which
contains a virus or other harmful component;
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post or
transmit content that encourages or provides instructional
activities about illegal activities, such as hacking;
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post,
transmit or in any way exploit any information or other
material for advertising or commercial purposes;
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perform any
activities that Preferred Interiors Enterprises determines may
be harmful to Preferred Interiors Enterprises, the Site, or
other users of the Site.
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Minors.
If you have agreed to allow your
minor child, or a child for whom you are legal guardian (a
"Minor"), to use the Site, you agree that you shall be
solely responsible for: (a) the online conduct of such Minor; (b)
monitoring such Minor's access to and use of the Site; and (c) the
consequences of any use of the Site by such Minor.
Monitoring.
Although
Preferred Interiors Enterprises has no obligation to do so, we
routinely monitor the Site. Preferred Interiors Enterprises
reserves the right to disclose whatever information is necessary
to satisfy any law, regulation or governmental request, or to
refuse to post or to remove any information or materials, in whole
or in part, that in Preferred Interiors Enterprises' sole
discretion are objectionable or in violation of this Agreement.
You acknowledge that Preferred Interiors Enterprises reserves the
right to, and may from time to time, monitor any and all
information transmitted or received through the Site, for
operational and other purposes. During monitoring,
information may be examined, recorded, copied, and used for
authorized purposes in accordance with Preferred Interiors
Enterprises' Privacy Policy. Use of the Site
constitutes consent to such monitoring.
Your
Submissions.
Preferred
Interiors Enterprises is always pleased to hear from our users and
welcomes comments and suggestions regarding our Site, our
products, or our services. Any material, information, or
idea submitted or posted on this Site will be considered
non-confidential and non-proprietary. If you submit any
original creative ideas, suggestions, notes, concepts, or
materials to Preferred Interiors Enterprises
("Submissions"), they shall be deemed, and shall remain,
the property of Preferred Interiors Enterprises. Preferred
Interiors Enterprises shall not be liable for any use or
disclosure of any Submissions. Without limitation of the
foregoing, Preferred Interiors Enterprises shall exclusively own
all known or hereafter existing worldwide rights to the
Submissions of every kind and nature and shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of
the Submissions. If any of the information submitted
constitutes personal data, you agree that Preferred Interiors
Enterprises may transmit such personal data across international
boundaries for any Preferred Interiors Enterprises business
purpose. Personal data will be treated as set forth in our Privacy
Statement.
Indemnification.
You agree to
defend, indemnify and hold harmless Preferred Interiors
Enterprises, its' affiliates, officers, employees, and agents from
and against any and all claims, actions, suits or proceedings, as
well as any and all losses, liabilities, damages, costs and
expenses (including reasonable attorneys fees) arising out of or
related to (a) any material posted or otherwise provided by you
that infringes any copyright, trademark, trade secret, patent or
other intellectual property right of any person or defames any
person or violates their rights of publicity or privacy, (b) any
misrepresentation made by you in connection with your use of the
Site; (c) any violation by you of this Agreement; and (d) any
claims brought by other persons or entities arising from or
related to your use of the Site, including information obtained
through the Site.
Jurisdiction
and Choice of Law. The
language in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against either party. This
Agreement shall be treated as though it were executed and
performed in Canton, Stark County, Ohio; and all claims or issues
regarding this Site shall be governed by and construed in
accordance with the laws of the State of Ohio (without regard to
conflict of law principles). All legal actions or
proceedings arising out of or in connection with this Agreement
shall be brought solely in Canton, Stark County, Ohio and within
one (1) year after the claim or cause of action arises. By
using this Site, you expressly submit to the exclusive
jurisdiction and venue of said courts and consent to
extra-territorial service of process. Should any part of
this Agreement be held invalid or unenforceable, that portion
shall be construed consistent with the applicable law and the
remaining portions shall remain in full force and effect. To
the extent that anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this Agreement shall
take precedence. Preferred Interiors Enterprises'
delay or failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor of the right to
enforce such provision. No waiver by either party of any
breach or default hereunder shall be deemed a waiver of any
subsequent breach or default. The titles and subtitles used
in this Agreement are used for convenience only and are not to be
considered in construing or interpreting this Agreement.
Entire
Agreement. You
agree that this Agreement constitutes the entire agreement between
you and Preferred Interiors Enterprises with respect to your use
of the Site, and supersedes all previous and contemporaneous
agreements, representations, warranties and understandings,
written or oral, between you and Preferred Interiors Enterprises
with respect to the Site. Preferred Interiors Enterprises
may post certain additional terms or conditions in close proximity
to a particular portion of the Site, which shall also apply to
your use of that portion of the Site. Preferred Interiors
Enterprises may amend this Agreement at any time, or from time to
time, without specific notice to you. The latest Agreement will
always be posted on the Site, and you should periodically check
this for changes. Your continued use of the Site shall be deemed
your acceptance of any such changes.
Questions?
Contact
support@preferred-interiors.com
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©
Copyright 1999-2006 Rosebud Holdings, Inc. All rights reserved.
Designated trademarks and brands are the
property of their respective owners.
Use of this web site
constitutes acceptance of the Terms
of Use
and
Privacy
Statement.

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