|ACCEPTANCE OF TERMS
We makes available for your use on this
website (the "Site") information,
documents, software and products (collectively, the "Content")
and various services (the "Services"), subject to the terms and
at its sole discretion without notice. Your use of the Site will be subject
time of such use. There may be additional terms and conditions relating
to your use of certain portions of the Site. If you use these other portions
of the Site, you will also be bound by those other terms and conditions.
automatically terminates and you must immediately destroy any Content downloaded
or printed from the Site.
INTELLECTUAL PROPERTY RIGHTS
All copyrights, trademarks, service marks, logos and other intellectual
property rights in the Site, any Content and any Services are owned by
and shall at all times remain our property and/or the property of third parties.
NOT grant any express or implied right to you under any patent, copyright,
trademark or other intellectual property right with respect to the Site,
the Content or the Services. You may only use such intellectual property
therewith all comments, graphics, ideas and other information you provide
to us through the Site, email or other
the Content may be reproduced, displayed, distributed, stored or used
in any form or by any means without Designsensory's
prior written consent.
You may view, download and print the Content subject to the following
Notwithstanding the foregoing, elements of the Site (including without
limitation its design and layout) are protected by trade dress and other
laws and may not be copied or imitated in whole or in part.
- The Content may be used solely for your personal, informational, internal
and noncommercial purposes.
- The Content may not be modified or altered in any way.
- The Content may not be distributed.
- You may not remove any copyright or other proprietary notices contained
in the Content.
- Designsensory reserves the right to revoke your
authorization to view, download and print any Content at any time, and
you must discontinue any such use immediately upon written notice from
non-exclusive, personal, non-transferable license and NOT a transfer of
USE AND PROTECTION OF ACCOUNT ID AND PASSWORD
Should the Site include an account ID or password, you are responsible
for maintaining the confidentiality of your account ID and/or password,
if applicable. You are responsible for all uses of your account, whether
or not you actually or expressly authorize them.
WARRANTIES AND DISCLAIMERS THE SITE, ALL CONTENT AND ALL SERVICES ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKES NO WARRANTY THAT (i) THE
SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR CONTENT
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE CONTENT WILL BE
EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES
OR INFORMATION THAT YOU PURCHASE OR OBTAIN FROM THE SITE WILL MEET YOUR
EXPECTATIONS, (v) DEFECTS IN THE CONTENT OR THE SITE WILL BE CORRECTED
OR (vi) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE. TO
THE EXTENT PERMISSIBLE BY LAW, ANY IMPLIED WARRANTIES ARE LIMITED TO 90
DAYS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The downloading or other acquisition of any Content, Services or products
through the Site is done at your own discretion and risk and with your
agreement that you will be solely responsible for any damage to your computer
system, loss of data or other damage or loss that results from any such
downloading or acquisition. No advice or information, whether oral or written,
that you obtain from us or through or from
the Site will create any warranty not expressly stated in these Terms of
The Site contains links to third-party internet sites that are not under
our control. We makes no representations whatsoever about any other website to
which you may have access through the Site. When you access a website other
than the Site, you do so at your own risk and we are not responsible for the
accuracy or reliability of any information,
data, opinion, software, advice, content or statements contained on these
internet sites or for the quality of any products or services available
on these internet sites. We provides these
links merely as a convenience and the inclusion of such links does not
imply that Designsensory endorses, recommends or accepts
any responsibility for the content or use of these internet sites.
IN NO EVENT WILL WE BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF
THE SITE OR ANY OTHER MATTER RELATING TO THE SITE, THE CONTENT, THE SERVICES
OR ANY INTERNET SITE REFERENCED OR LINKED TO FROM THE SITE (INCLUDING WITHOUT
LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR
OTHER SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM
LOSS OF USE, DATA OR PROFITS), WHETHER OR NOT WE COULD HAVE FORESEEN
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
the Site to learn how we protects your personal
information. To the extent you provide any information to
us while using the Site, you represent and warranty that all such
information is accurate and complete in all respects.
TERMINATION AND MODIFICATION
We may modify or terminate the Site, any
Content and any Services, including without limitation the prices and descriptions
of any products or Services listed on the Site, at any time without notice.
The Content or Services may be out of date, and we make no commitment to update any Content or Services.
Any of the following may result in your suspension or permanent expulsion
from the Site. The sole test of whether or not you have engaged in such
behavior is at our own discretion. Certain
behaviors also may result in criminal or civil action.
- Use of vulgar or offensive language, including in your username or
- Perpetration of illegal, abusive or unethical activity.
- Threat of physical violence.
- Threat of destruction of property.
- Harassment of any person.
- Making any racially, sexually or otherwise offensive comment.
- Distribution of obscene material or use of obscene or sexually suggestive
- Violation of privacy, including without limitation the involuntary
public disclosure of a third party's phone number, mailing or email address
or other personal or private information.
- Defacement of any part of the Site.
- Hacking, the deliberate distribution of a computer virus or any access
or attempt to access other areas of any computer equipment on which the
Site is located or other information contained on such computer equipment
for any purpose.
- Gambling or promotion of gambling.
- Infringement of the intellectual property or other proprietary rights
of any party.
You agree to indemnify and hold us harmless, as well as our
subsidiaries, affiliates, officers, agents, affiliates, co-branders
and employees, from and against any cost, expense, indebtedness, liability,
loss, claim or demand, including without limitation reasonable attorneys'
fees and disbursements, arising out of content you submit, post to or transmit
through the Site, your use of the Site or any Content or Services, your
of any of our rights or the rights of any other individual
You may send us notices via the contact information on this page. Any notice will be effective upon actual receipt by
us. We may
send notices to you through email, regular mail or a posting on the Site.
Any such notice will be effective upon actual receipt by you in the case
of email or regular mail or upon posting on the Site.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions will be governed by and construed in accordance
with the laws of the State of Missouri, without reference to its
choice of law rules. By accessing, viewing, or using the material
on the Site, you consent to the
jurisdiction of the federal and state courts presiding in Joplin,
Missouri, and agree to accept service of process by mail and hereby
waive any and all jurisdictional and venue defenses otherwise available.
no representation that
materials in the Site are appropriate or available for use in other
locations, and access to them from territories where their contents
are illegal is prohibited. Those who choose to access this Site from
other locations do
so on their own volition and are
responsible for compliance with applicable local laws.
PO Box 4438
Joplin, MO 64803