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Regarding the terms and
conditions of the use of this web site, Sascha M. Retailleau, SR
Design and its affiliates ("SR Design") maintain this web site (the
"Web Site") as a service to their customers. By using the Web Site,
you agree to comply with and be bound by the following terms and conditions (the
"Agreement"), which we may change at any time by posting notice on the
Web Site. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND
CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and
conditions, please do not use the Web Site. Use of the Web Site is limited to
those individuals who can form legally binding contracts under applicable law,
and without limiting the foregoing, the Web Site is not to be accessed or used
by minors.
In addition, when using any particular service of the Web Site, you may be
subject to additional guidelines or terms and conditions applicable to such
service that may be posted from time to time, which are hereby incorporated into
this Agreement.
Finally, in the event that you decide to purchase any of the goods or services
offered by SR Design via the Web Site, we require that you register and agree to
be bound by the PURCHASE TERMS AND CONDITIONS (the "Purchase
Agreement"). Those terms are in addition to, and not in lieu of, the terms
and conditions found in this Agreement, and in the event of any conflict between
the terms of the two agreements, the terms of the Purchase Agreement will
control.
1. Conditions on Using the Web Site.
All the text, images, marks, logos, compilations (meaning the collection,
arrangement and assembly of information) and other content of the Web Site,
including any Submissions (as defined below), and any of the foregoing sent to
you by e-mail or other means (collectively, the "Site Content") are
proprietary to us or to third parties.
SR Design authorizes you to view, download, and print the Site Content subject
to the following conditions: (a) you may only download and print the Site
Content in limited quantities as required to evaluate whether the good and
services displayed on the Web Site are appropriate for your intended use; (b)
you may not modify the Site Content; (c) any displays or print outs of the Site
Content must be marked "© SR Design, 2000-2006. All rights reserved".
; and (d) you may not remove any copyright, trademark or other proprietary
notices that have been placed in the Site Content. Except as expressly permitted
above, copying, modifying reproduction, redistribution, republication,
uploading, posting, transmitting, distributing or otherwise exploiting in any
way the Site Content, or any portion of the Site Content, is strictly prohibited
without the prior written permission of SR Design. In addition, you may not link
to any part of the Web Site or any Site Content or frame or otherwise display in
any manner the Site Content at any other web site or elsewhere.
All software used on the Web Site is proprietary to us or to third parties, and
except as may be required to exercise the foregoing license grant, any use,
redistribution, sale, decompilation, reverse engineering, disassembly,
translation or other reduction of such software to human-readable form is
prohibited.
The marks "SR Design," "Sascha Retailleau," are proprietary
to us, and they may not be used in connection with any service or products other
than those provided by SR Design, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits SR
Design. Any use of those marks, or any others displayed on the Web Site, will
inure solely to the benefit of their respective owners.
You agree, and represent and warrant, that your use or other exploitation of the
Web Site and the Site Content, or any portion thereof, will be consistent with
the foregoing license, covenants and restrictions and will neither infringe nor
violate the rights of any other party or breach any contract or legal duty to
any other parties. In addition, you agree that you will comply with all
applicable laws, regulations and ordinances relating to the Web Site, the Site
Content or your use of them, and you will be solely responsible for your own
individual violations of any of them.
2. Submissions to SR
Design Belong to SR Design.
SR Design is pleased to hear from you and welcomes your comments regarding
the Web Site and Site Content. In the event that you submit ideas, suggestions,
materials or other information to SR Design regarding the Web Site, whether at the request of SR Design
or not (all of the foregoing being "Submissions"), the Submissions
will be deemed, and will remain, the sole property of SR Design. None of the
Submissions will be subject to any obligation of confidence on the part of SR
Design, and SR Design and SR Design Affiliates (as defined below) will not be
liable for any use or disclosure of any Submissions. Without limiting the
foregoing, SR Design will exclusively own all now known or hereafter existing
rights to the Submissions of every kind, in perpetuity, and will be entitled to
unrestricted use and other exploitation of the Submissions for any purpose
whatsoever, commercial or otherwise, by any means, by any media, without
compensation to the provider, author, creator or inventor of the Submissions.
Each of them irrevocably and unconditionally waives and covenants not to
assert any of such rights against SR Design or its affiliates, successors,
assigns, licensees, partners, designers, manufacturers and suppliers
(collectively, "SR Design Affiliates"), as well as any users of the
Web Site.
3. Although the Web Site Discusses Design, Furnishings
and Other Issues, the Web Site Itself Does Not Provide Specific Recommendations
or Advice.
The Web Site is designed to provide a useful forum for those interested in
design, architecture, art and other related topics and to display goods and
services of interest. The Web Site does not provide specific recommendations for
any particular situation or circumstances.
4. Links to Third Party Web Sites Are Not Endorsements.
The Web Site contains links to third-party web sites.
We are not responsible for the contents of any linked
site. We provide these links as a convenience only, and a link does not imply
endorsement of, sponsorship of, or affiliation with the linked site by SR Design
. Such links are owned and operated by independent retailers or service
providers, and therefore, we are unable to ensure that you will be satisfied
with their products, services or business practices. You should make whatever
investigation you feel necessary or appropriate before proceeding with any
transaction with any of these third parties.
5. Warranty Disclaimers and Limitations of Liability.
SR Design and SR Design Affiliates make no representations or warranties of
any kind regarding the Web Site and the Site Content. The Web Site and Site
Content are provided in "AS IS" condition, and SR Design and SR Design
Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING
FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE WEB SITE AND THE SITE
CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE,
UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE WEB
SITE OR THE SITE CONTENT, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED FROM THE WEB SITE OR THE SITE CONTENT. No advice or
information, whether oral or written, obtained by you from SR Design , any of SR
Design Affiliates or through the Web Site or Site Content will create any
warranty not expressly stated herein.
YOU USE THE WEB SITE AND THE SITE CONTENT AT YOUR OWN RISK, AND NEITHER SR
DESIGN NOR SR DESIGN AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION.
You waive and covenant not to assert any claims or allegations of any nature
arising from or relating to the operation, use or other exploitation of the Web
Site or the Site Content, including any allegation or claim that SR Design or SR
Design Affiliates has or should indemnify, defend, or hold you harmless from any
claim or allegation arising from the operation, use or other exploitation of the
Web Site or the Site Content.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM SR DESIGN OR SR
DESIGN AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF
USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE
ARISING FROM OR RELATING TO THE WEB SITE OR SITE CONTENT, EVEN IF SR DESIGN OR
SR DESIGN AFFILIATES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF
LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
6. Your Indemnity of SR Design and
SR Design Affiliates; Termination of Use.
You agree to indemnify, hold harmless, and at their respective options,
defend SR Design and SR Design Affiliates from all causes of action, claims and
allegations (whether threatened or pending), costs, fees, charges, and expenses
(including reasonable attorneys' and professionals' fees), judgments, damages,
losses, and liabilities arising from or relating to the breach or alleged breach
of your duties or obligations under this Agreement or your use of the Web Site
or Site Content. For any indemnified matter, SR Design and SR Design Affiliates
will have full control of the response thereto and the defense thereof,
including any agreement relating to the settlement thereof, and you will
cooperate fully with SR Design and SR Design Affiliates in such matter.
SR Design may, at its option, terminate any User's access to any or all of the
Web Site, including your password and account, and may remove or delete any
Content or Submissions you may have submitted.
7. Digital Millennium Copyright Act Compliance.
SR Design complies with the provisions of the Digital Millennium Copyright
Act applicable to internet service providers (17 U.S.C. §512, as amended).
8. Privacy
Policy.
SR Design is
concerned about user privacy and operates the Web Site under the PRIVACY
POLICY. We urge you to read this policy now and, because the policy is
updated from time to time, later at your convenience.
9. Applicable Law and Jurisdiction; Compliance.
The Web Site (excluding links) are controlled by SR
Design and operated by SR
Design from its offices in and around San
Francisco, California. Although SR Design has
made no effort to publish the Web Site elsewhere, because the Web Site are
published on the World Wide Web, it is accessible in all fifty states and other
countries. As each of these places has laws that may differ from those of
California and from each other, and as you and SR
Design both benefit from establishing a
predictable legal environment in which to operate, use or otherwise exploit the
Web Site, by using the Web Site you and SR Design agree
that all matters arising from or relating to the use and operation of the Web
Site will be governed by the substantive laws of the State of California,
without regard to its conflicts of laws principles. You agree that all claims
you may have arising from or relating to the operation, use or other
exploitation of the Web Site will be heard and resolved in the courts in San
Francisco, California. You consent to the personal jurisdiction of such courts
over you, stipulate to the fairness and convenience of proceeding in such
courts, and covenant not to assert any object to proceeding in such courts. If
you choose to gain access to the Web Site from locations other than San
Francisco, Calfornia, you will be responsible for compliance with all local laws
of any such other location, and in no event will you use the Web Site or Site
Content in violation of U.S. export laws or regulations.
10. Miscellaneous Provisions.
No delay or omission by SR Design
in exercising any of its rights occurring upon any noncompliance or default by
you with respect to any of the terms and conditions of this Agreement will
impair any such right or be construed to be a waiver thereof, and a waiver by SR
Design of any of the covenants, conditions or
agreements to be performed by you will not be construed to be a waiver of any
succeeding breach thereof or of any other covenant, condition or agreement
hereof contained. As used in this Agreement, "including" means
"including but not limited to". If any provision of this Agreement is
found by a court of competent jurisdiction to be invalid or unenforceable, then
this Agreement will remain in full force and effect and will be reformed to be
valid and enforceable while reflecting the intent of the parties to the greatest
extent permitted by law. Except as otherwise expressly provided herein, this
Agreement sets forth the entire agreement between you and SR
Design regarding its subject matter, and supersedes all prior promises,
agreements or representations, whether written or oral, regarding such subject
matter. You agree that the electronic text of this Agreement constitutes a
writing and your assent to the terms and conditions hereof constitutes a
"signing" for all purposes.
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