Terms and Conditions
This website and any mobile applications (collectively, this "Site") is owned by BLUE MARLIN UPHOLSTERY DESIGN ("We", "Us" or "BLUE MARLIN UPHOLSTERY DESIGN"). We provide you with access to this Site and our online store (together, our "Services") subject to the following terms and conditions. By browsing, accessing, using, registering or purchasing products on this Site or using our Services, you agree to all of the following terms and conditions, including the policies referenced herein (collectively, these "Terms"). Therefore, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time.If you do not agree to be bound by these Terms, you must not browse, access, use, register with, or purchase merchandise from the Site.
Use of this site
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site. This license grant does not include: (a) any sale or commercial use of this Site or the content on this Site; (b) the collection and use of product listings or descriptions; (c) make derivative uses of this Site and its content; o (d) the use of any data mining, robots, or similar data gathering and extraction methods on this Site. You may not use, frame, or utilize framing techniques to enclose our trademark, logo, content, or other proprietary information (including images found on this Site, the content of any text, or the layout of any page or form content on a page) without our express written consent. You may not use meta tags or any other "hidden text" utilizing our name, trademark, or product name without our express written consent. Any breach of these Terms will result in immediate revocation of the license granted in this paragraph without notice. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of this Site, so long as the link does not portray us or our products or services in a false, misleading, derogatory, or offensive manner. This limited right may be revoked at any time. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.Any breach of these Terms will result in immediate revocation of the license granted in this paragraph without notice.
To access some features of this Site, you may be required to register and we may assign you, or you may be required to select, a password and username or account identification. If you register, you agree to provide us with accurate and complete registration information and to notify us promptly of any updates or other changes to such information.You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. Notify us immediately of any unauthorized use of your password or identification or any other breach or threatened breach of the security of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these terms, and we have no obligation to investigate the authorization or the source of any such access to or use of this Site.YOU WILL BE SOLELY RESPONSIBLE FOR ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY YOU, OR ASSIGNED TO YOU, WHETHER OR NOT YOU AUTHORIZE SUCH ACCESS TO AND USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING BUT NOT LIMITED TO FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
When you use this site or send emails to us, you are communicating with us electronically. You agree to receive our communications electronically. We will communicate with you by email or by posting notices on this Site or through our other services.You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
This Site may include features and functionality ("Interactive Features") that allow users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites ("User Content "). User Content is publicly viewable and may include your profile information and any content you post pursuant to your profile, but does not include your account information or information you submit to make a purchase.You agree that you are solely responsible for your User Content and your use of the Interactive Features, and that you use any Interactive Features at your own risk. By using any Interactive Area, you agree not to post, upload, transmit, distribute, store, create or otherwise post or send through the Sites any of the following:
Rights in User Content
Except as otherwise provided in these Terms, on this Site, or in a separate agreement with Us, We do not claim ownership or control over any User Content. However, by submitting or posting User Content to this Site, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create works derivatives that you distribute, perform and display such User Content on this Site and on third party sites and mobile applications and in all other media or formats, now known or hereafter developed, for any purpose and without compensation to you.You also grant users of this Site the right to access your User Content in connection with your use of this Site. By posting user content on this site, you represent and warrant that (a) such User Content is not confidential; (b) you control all right, title and interest in and to the User Content or have all rights necessary to post and use such User Content on this Site and to grant us the rights you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any way;(d) the User Content and your use and posting of it in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
Separately and apart from User Content, you may have the ability to submit questions, comments, suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information about this Site, Us and Our Products or Services (Collectively "Feedback"). You agree that Comments are not confidential and are voided at our sole property. We will own the exclusive rights, including all intellectual property rights, in and to such Feedback and will be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Restrictions on rights of use
You agree that you shall not (and agree not to allow any other person or entity to use your password and identification to):
Between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), any improvements or modifications thereto, all derivative works based on it, and the compilation, arrangement, and assembly of this Site (collectively, the "Site Content"), including all copyrights, trademarks, and other intellectual property or proprietary rights mentioned above, are owned by us or our licensors and are protected by applicable copyright. The use of any of our trademarks or service marks without our express written consent is strictly prohibited.You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any way that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant you or any other user any license or right to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.
Purchases on this Site
You agree that all of your transactions with or through this Site may, at Our discretion, be conducted electronically from start to finish. If you will proceed non-electronically, those transactions will still be governed by the rest of these Terms, unless you enter different terms provided by us. You are responsible for printing or making an electronic copy of these Terms and any other agreements or disclosures that we are required to provide to you. Risk of loss and title for items purchased by you on this Site were exhibited to you upon delivery of the items to the carrier pursuant to a shipping contract.We charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is shipped. When we send to you or at your direction to another person, you agree to pay the shipping and handling charges displayed on this Site when your order is placed. We reserve the right to increase, decrease and add or remove charges from time to time and without notice, so you agree to check all charges before placing an order or subscribing to a service. Any shipping or handling charges may or may not reflect actual costs. Only valid credit cards or other payment method acceptable to us may be used.By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is otherwise not acceptable, your order may be automatically suspended or canceled. All returns are governed by our Returns Policy, which can be found at Returns Policy We try to be as accurate as possible and to eliminate errors on this Site;however, we do not warrant that any product, service, description, photograph, price, or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on this Site, in confirming an order, in the processing of an order, in the delivery of a product or service, or otherwise, We reserve the right to correct such error and revise your order. accordingly if necessary (including charging the price) or cancel the order and refund any amount charged. Your only recourse in the event of such an error is to cancel your order and obtain a refund.All items are subject to availability and we reserve the right to impose quantity limits on any order, to refuse all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services for which the sale or use of such product and/or service is restricted or prohibited in your state or jurisdiction.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site, and providing us with notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any part of this Site, and to block or prevent your future access to and use of this Site or any part of this Site.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and Our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants. ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to: (a) Your access to and use or misuse of this Site; (b) Any User Content that you post, upload, use, distribute, store or otherwise transmit on or through this Site;(c) Your violation of any right of another. You agree to notify Us immediately of any Third Party Claims, to cooperate with Us in the defense of such Claims, and to pay all fees, costs and expenses associated with the defense of such Claims (including, without limitation, attorneys' fees). We further agree that We shall have the right to control the defense or resolution of any Third Party Claim.
Except as expressly stated, this Site, including all Site Content, and the services provided on or in connection with this Site, are warranted "AS IS" and "WITH ALL FAULTS" without any representations, warranties, or conditions of any type, either express or implied.WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE AND NON-INFRINGEMENT; (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF ENFORCEMENT. We do not represent or warrant that this Site is accurate, complete, reliable, current, or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.
Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product or receive a refund for service in accordance with Our applicable return and exchange policies. IN NO EVENT SHALL WE OR OUR RELATED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OURS AND OUR PARTIES' ENTIRE LIABILITY RELATING TO, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPLIED), OR OTHER THEORY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS SITE EXCEEDS THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we will be entitled to specific performance or injunctive relief, or both, in addition to any damages we are legally entitled to recover. along with the reasonable expenses of any form of dispute resolution, including, but not limited to, attorneys' fees No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including, without limitation, injunctive relief for damages, attorneys' fees and expenses.
Modifications to the Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any feature or part thereof without notice.
If any of these provisions is held invalid, void or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining provision.
There are no third party beneficiaries
These Terms are for the benefit of the parties and will be enforceable only by them. These Terms are not intended to confer any rights or benefits on any third party or create any obligation or liability of any party to such third party.