Terms and Condition:
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
1. Famiere Rights and Permitted Use
Famiere.com is the sole and exclusive property of Famiere, Inc. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, use of the Website, or access to the Website other than as expressly authorized by Famiere in writing. Use of the Website in any way not expressly permitted by this Agreement is prohibited, and may be actionable under United States or international law.
Under the agreement and compliant with the terms of this Agreement, and unless this Agreement is otherwise terminated by Famiere, you are permitted to view and use the Website solely for your own use; provided, however, that you may not duplicate, publish, modify, distribute or create derivative works from any content located on the Website unless expressly authorized by Famiere in writing. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website.
You hereby acknowledge and agree that, as between Famiere and you, all right, title, and interest in and to the Website, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by Famiere.
You agree not to access the Website by any means other than through the interface that is provided by Famiere. You further agree that you will not collect any information from or through the Website using any automated means, including without limitation any script, spider, "screen scraping," or "database scraping" application. You will not damage, disable, overburden, or impair the Website or interfere with any other party's use.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FAMIERE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, SERVICE PROVIDERS, CO-BRANDERS, AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (a) USER CONTENT YOU SUBMIT, POST TO, OR TRANSMIT THROUGH THE WEBSITE; (b) YOUR USE OF THE WEBSITE; OR (c) YOUR VIOLATION OF THIS AGREEMENT, ANY APPLICABLE LAWS, OR THE RIGHTS OF ANY THIRD PARTY.
Famiere, Famiere, Inc., Famiere Custom Window Treatments & Coverings, Famiere.com and related names and logos are trademarks/service marks of Famiere. Unauthorized use of any Famiere trademark, service mark or logo may be a violation of federal and state trademark laws. All third party trademarks are the property of their respective owners, and cannot be used without permission. Third party trademark references herein do not constitute or imply affiliation with, endorsement, or recommendation of Famiere by the respective trademark owners.
4. Modifications to Site
Famiere reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that Famiere shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
5. Suspension and/or Termination Rights
Famiere reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the Agreement, your registration for any program, your ability to access the Website and/or to remove any User Content, for any reason, including without limitation any breach by you of this Agreement or conduct by you that Famiere determines in its sole and absolute discretion to be inappropriate. You agree that Famiere shall not be liable to you or any third-party for any such suspension or termination.
7. Disclosure of Personal Information and User Content
Without limitation of any of the rights granted to Famiere herein, you acknowledge and agree that Famiere may preserve and disclose your personal information and/or any User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our rights; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of any individual or the public.
The Website is not directed toward children under 13 years of age nor does Famiere knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to the Website.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FAMIERE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAMIERE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF FAMIERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, FAMIERE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO FAMIERE DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.
11. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
12. Dispute Resolution and Governing Law
12.1. Binding Arbitration. If you and Famiere are unable to resolve any controversy or claim related to this Agreement (each a "Dispute"), both parties agree that, except for those Disputes expressly excluded below, such Dispute shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). For the convenience of the parties, the arbitration may be conducted in person, through the submission of documents or by phone. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
12.2. Restrictions. You and Famiere agree that any arbitration shall be limited to the Dispute between Famiere and you individually. To the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
12.3. Exceptions to Arbitration. You and Famiere agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of Famiere's intellectual property rights; (2) any claim for injunctive relief; and (3) any attempt to collect a debt.
12.4. Location. Any arbitration will take place in Sacramento, California. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), shall be decided by a court of competent jurisdiction within Sacramento, California and you and Famiere hereby submit to the personal jurisdiction of that court.
12.5. Governing Law. Except as otherwise provided for herein, this Agreement shall be governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.