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Terms of Use for Preferred Interiors Website

Acceptance of Terms.
  Welcome to the Preferred Interiors Enterprises website (hereinafter referred to as the "Site").   As is true with most things in life, this Site operates under specific rules that govern your use of this Site and any services available through it.  Those rules, referred
to as "terms of use", are set forth in this Terms of Use Agreement (the "Agreement").  In addition to this Agreement, you must also review our Privacy Statement and Legal Page.  When you access this Site, you acknowledge that you have read this Agreement and agree to abide
by the terms described herein.  Your use of the Site also acknowledges
that you have read our Legal Page and Privacy Statement.  

If you do not agree with any part of this Agreement, you must exit immediately

   
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.

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.

Identification of the material that is claimed to be infringing, or that is claimed to be defamatory, and that is to be removed.

Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or email address.

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.

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.

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:

restrict or inhibit any other user from using and enjoying the Site;

restrict or inhibit any other user from using and enjoying the Site;

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;

post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments;

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;

post or transmit any information, software or other material which contains a virus or other harmful component;

post or transmit any information, software or other material which contains a virus or other harmful component;

post or transmit content that encourages or provides instructional activities about illegal activities, such as hacking;

post, transmit or in any way exploit any information or other material for advertising or commercial purposes;

perform any activities that Preferred Interiors Enterprises determines may be harmful to Preferred Interiors Enterprises, the Site, or other users of the Site.

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  

 

© 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.