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Express Fabrics ("ExpressFabrics.com") welcomes you to our internet sites. ExpressFabrics.com includes but is not limited to expressfabrics.com, www.expressfabrics.com and other internet sites affiliated with Express Fabrics, (each a "ExpressFabrics.com Site"). Each ExpressFabrics.com Site is operated by Casual Sun, Inc. and its affiliates (collectively referred to herein as "we," "us," or "our").
PLEASE NOTE THAT YOUR USE OF THE EXPRESSFABRICS.COM SITE IS SUBJECT TO THE FOLLOWING TERMS ("TERMS OF SERVICE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT ACCESS OR OTHERWISE USE THIS EXPRESSFABRICS.COM SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE EXPRESSFABRICS.COM SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED BY EXPRESSFABRICS.COM FROM TIME TO TIME WITH OR WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE EXPRESSFABRICS.COM SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
User Obligations
By using the ExpressFabrics.com Site you agree not to intentionally or unintentionally violate any applicable law or regulation, attempt to access or tamper with any nonpublic areas of the ExpressFabrics.com Site, frame or link to the ExpressFabrics.com Site except as permitted in writing by ExpressFabrics.com.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this ExpressFabrics.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of ExpressFabrics.com. ExpressFabrics.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this ExpressFabrics.com Site by anyone other than authorized ExpressFabrics.com employees acting in their official capacities.
Links
The ExpressFabrics.com Site may contain links to other web sites or resources. You acknowledge and agree that ExpressFabrics.com is not responsible or liable for (1) the availability or accuracy of such web sites or resources; or (2) the content, advertising, or products on or available from such web sites or resources. The inclusion of any link on the ExpressFabrics.com Site does not imply that ExpressFabrics.com endorses the linked site.
Protection of Content Provided by ExpressFabrics.com and Its Licensors
All text, graphics, logos, icons, images, audio clips and software on the ExpressFabrics.com Site ("Site Content") are copyrighted materials owned by or licensed to ExpressFabrics.com. The Site Content may contain trademarks, service marks and trade names which are owned by ExpressFabrics.com and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by ExpressFabrics.com, its affiliates, or third parties. "ExpressFabrics.com" is a trademark of ExpressFabrics.com. Unless authorized in writing by an officer of ExpressFabrics.com, ExpressFabrics.com's trademarks may not be used in connection with any product or service that is not ExpressFabrics.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ExpressFabrics.com. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of ExpressFabrics.com or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the ExpressFabrics.com Site. Nothing contained in the ExpressFabrics.com Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of ExpressFabrics.com, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content are expressly reserved to ExpressFabrics.com, its affiliates, and/or any third party, as applicable.
Notices
EXPRESSFABRICS.COM will give you any necessary notices by posting them on the ExpressFabrics.com Site. You authorize EXPRESSFABRICS.COM to send notices via electronic mail as well if EXPRESSFABRICS.COM decides, in its sole discretion, to do so. You agree to check the ExpressFabrics.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the ExpressFabrics.com Site.
Disclaimer of Warranties
ALTHOUGH EXPRESSFABRICS.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE EXPRESSFABRICS.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE EXPRESSFABRICS.COM SITE. EXPRESSFABRICS.COM DOES NOT WARRANT THAT YOUR USE OF THE EXPRESSFABRICS.COM SITE, OR THE OPERATION OR FUNCTION OF THE EXPRESSFABRICS.COM SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
YOUR USE OF THE EXPRESSFABRICS.COM SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. EXPRESSFABRICS.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE EXPRESSFABRICS.COM SITE. THE EXPRESSFABRICS.COM SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL EXPRESSFABRICS.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE EXPRESSFABRICS.COM SITE, THE USE OR PERFORMANCE OF THE EXPRESSFABRICS.COM SITE, THE DELAY OR INABILITY TO USE THE EXPRESSFABRICS.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE EXPRESSFABRICS.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE EXPRESSFABRICS.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EXPRESSFABRICS.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXPRESSFABRICS.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EXPRESSFABRICS.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS EXPRESSFABRICS.COM'S LIABILITY OR YOUR REMEDIES.
Privacy Policy
Your use of the ExpressFabrics.com Site is governed by the ExpressFabrics.com Privacy Policy.
Force Majeure
ExpressFabrics.com shall be excused from performance under this Terms of Service if ExpressFabrics.com is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of ExpressFabrics.com.
Survival
The following provisions shall survive any termination of these Terms of Service: No Warranty from ExpressFabrics.com, Limitation of Liability, Indemnity and General Provisions.
General Provisions
You agree that ExpressFabrics.com and its licensors may make improvements and/or changes in the Site Content and services or events described in this Site, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the ExpressFabrics.com Site may not be legal by certain persons or in certain countries. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of ExpressFabrics.com to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ExpressFabrics.com in writing. The Terms of Service, along with the ExpressFabrics.com Privacy Policy, comprises the entire agreement between you and ExpressFabrics.com and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of ExpressFabrics.com. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of ExpressFabrics.com shall be null and void. These Terms of Service will inure to the benefit of ExpressFabrics.com's successors, assigns, and licensors. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the Site.
If you have any questions about these Terms of Service, please contact us.
Last Update
The Terms of Service were updated January 1, 2012
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