Terms of Ser­vice for KirkhamUpholstery.com

Intro­duc­tion

Wel­come to Kirkham Upholstery.com. This web­site is owned and oper­ated by Kirkham Upholstery. By vis­it­ing our web­site and access­ing the infor­ma­tion, resources, ser­vices, prod­ucts, and tools we pro­vide, you under­stand and agree to accept and adhere to the fol­low­ing terms and con­di­tions as stated in this pol­icy (here­after referred to as ‘User Agree­ment’), along with the terms and con­di­tions as stated in our Pri­vacy Pol­icy (please refer to the Pri­vacy Pol­icy sec­tion below for more information).

This agree­ment is in effect as of September 29, 2014.

We reserve the right to change this User Agree­ment from time to time with­out notice. You acknowl­edge and agree that it is your respon­si­bil­ity to review this User Agree­ment peri­od­i­cally to famil­iar­ize your­self with any mod­i­fi­ca­tions. Your con­tin­ued use of this site after such mod­i­fi­ca­tions will con­sti­tute acknowl­edg­ment and agree­ment of the mod­i­fied terms and conditions.

Respon­si­ble Use and Conduct

By vis­it­ing our web­site and access­ing the infor­ma­tion, resources, ser­vices, prod­ucts, and tools we pro­vide for you, either directly or indi­rectly (here­after referred to as ‘Resources’), you agree to use these Resources only for the pur­poses intended as per­mit­ted by (a) the terms of this User Agree­ment, and (b) applic­a­ble laws, reg­u­la­tions and gen­er­ally accepted online prac­tices or guidelines.

Wherein, you under­stand that:

a. In order to access our Resources, you may be required to pro­vide cer­tain infor­ma­tion about your­self (such as iden­ti­fi­ca­tion, con­tact details, etc.) as part of the reg­is­tra­tion process, or as part of your abil­ity to use the Resources. You agree that any infor­ma­tion you pro­vide will always be accu­rate, cor­rect, and up to date.

b. You are respon­si­ble for main­tain­ing the con­fi­den­tial­ity of any login infor­ma­tion asso­ci­ated with any account you use to access our Resources. Accord­ingly, you are respon­si­ble for all activ­i­ties that occur under your account/s.

c. Access­ing (or attempt­ing to access) any of our Resources by any means other than through the means we pro­vide, is strictly pro­hib­ited. You specif­i­cally agree not to access (or attempt to access) any of our Resources through any auto­mated, uneth­i­cal or uncon­ven­tional means.

d. Engag­ing in any activ­ity that dis­rupts or inter­feres with our Resources, includ­ing the servers and/or net­works to which our Resources are located or con­nected, is strictly prohibited.

e. Attempt­ing to copy, dupli­cate, repro­duce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely respon­si­ble any con­se­quences, losses, or dam­ages that we may directly or indi­rectly incur or suf­fer due to any unau­tho­rized activ­i­ties con­ducted by you, as explained above, and may incur crim­i­nal or civil liability.

g. We may pro­vide var­i­ous open com­mu­ni­ca­tion tools on our web­site, such as blog com­ments, blog posts, pub­lic chat, forums, mes­sage boards, news­groups, prod­uct rat­ings and reviews, var­i­ous social media ser­vices, etc. You under­stand that gen­er­ally we do not pre-screen or mon­i­tor the con­tent posted by users of these var­i­ous com­mu­ni­ca­tion tools, which means that if you choose to use these tools to sub­mit any type of con­tent to our web­site, then it is your per­sonal respon­si­bil­ity to use these tools in a respon­si­ble and eth­i­cal man­ner. By post­ing infor­ma­tion or oth­er­wise using any open com­mu­ni­ca­tion tools as men­tioned, you agree that you will not upload, post, share, or oth­er­wise dis­trib­ute any con­tent that:

i. Is ille­gal, threat­en­ing, defam­a­tory, abu­sive, harass­ing, degrad­ing, intim­i­dat­ing, fraud­u­lent, decep­tive, inva­sive, racist, or con­tains any type of sug­ges­tive, inap­pro­pri­ate, or explicit lan­guage;
ii. Infringes on any trade­mark, patent, trade secret, copy­right, or other pro­pri­etary right of any party;
Iii. Con­tains any type of unau­tho­rized or unso­licited adver­tis­ing;
Iiii. Imper­son­ates any per­son or entity, includ­ing any www.KirkhamUpholstery.com employ­ees or representatives.

We have the right at our sole dis­cre­tion to remove any con­tent that, we feel in our judg­ment does not com­ply with this User Agree­ment, along with any con­tent that we feel is oth­er­wise offen­sive, harm­ful, objec­tion­able, inac­cu­rate, or vio­lates any 3rd party copy­rights or trade­marks. We are not respon­si­ble for any delay or fail­ure in remov­ing such con­tent. If you post con­tent that we choose to remove, you hereby con­sent to such removal, and con­sent to waive any claim against us.

h. We do not assume any lia­bil­ity for any con­tent posted by you or any other 3rd party users of our web­site. How­ever, any con­tent posted by you using any open com­mu­ni­ca­tion tools on our web­site, pro­vided that it doesn’t vio­late or infringe on any 3rd party copy­rights or trade­marks, becomes the prop­erty of www.KirkhamUpholstery.com, and as such, gives us a per­pet­ual, irrev­o­ca­ble, world­wide, royalty-free, exclu­sive license to repro­duce, mod­ify, adapt, trans­late, pub­lish, pub­licly dis­play and/or dis­trib­ute as we see fit. This only refers and applies to con­tent posted via open com­mu­ni­ca­tion tools as described, and does not refer to infor­ma­tion that is pro­vided as part of the reg­is­tra­tion process, nec­es­sary in order to use our Resources. All infor­ma­tion pro­vided as part of our reg­is­tra­tion process is cov­ered by our pri­vacy pol­icy.

i. You agree to indem­nify and hold harm­less www.KirkhamUpholstery.com and its par­ent com­pany and affil­i­ates, and their direc­tors, offi­cers, man­agers, employ­ees, donors, agents, and licen­sors, from and against all losses, expenses, dam­ages and costs, includ­ing rea­son­able attor­neys’ fees, result­ing from any vio­la­tion of this User Agree­ment or the fail­ure to ful­fill any oblig­a­tions relat­ing to your account incurred by you or any other per­son using your account. We reserve the right to take over the exclu­sive defense of any claim for which we are enti­tled to indem­ni­fi­ca­tion under this User Agree­ment. In such event, you shall pro­vide us with such coop­er­a­tion as is rea­son­ably requested by us.

Pri­vacy

Your pri­vacy is very impor­tant to us, which is why we’ve cre­ated a sep­a­rate Pri­vacy Pol­icy in order to explain in detail how we col­lect, man­age, process, secure, and store your pri­vate infor­ma­tion. Our pri­vacy pol­icy is included under the scope of this User Agree­ment. To read our pri­vacy pol­icy in its entirety, click here.

Lim­i­ta­tion of Warranties

By using our web­site, you under­stand and agree that all Resources we pro­vide are “as is” and “as avail­able”. This means that we do not rep­re­sent or war­rant to you that:
i) the use of our Resources will meet your needs or require­ments.
ii) the use of our Resources will be unin­ter­rupted, timely, secure or free from errors.
iii) the infor­ma­tion obtained by using our Resources will be accu­rate or reli­able, and
iv) any defects in the oper­a­tion or func­tion­al­ity of any Resources we pro­vide will be repaired or corrected.

Fur­ther­more, you under­stand and agree that:

v) any con­tent down­loaded or oth­er­wise obtained through the use of our Resources is done at your own dis­cre­tion and risk, and that you are solely respon­si­ble for any dam­age to your com­puter or other devices for any loss of data that may result from the down­load of such con­tent.
vi) no infor­ma­tion or advice, whether expressed, implied, oral or writ­ten, obtained by you from www.KirkhamUpholstery.com or through any Resources we pro­vide shall cre­ate any war­ranty, guar­an­tee, or con­di­tions of any kind, except for those expressly out­lined in this User Agreement.

Lim­i­ta­tion of Liability

In con­junc­tion with the Lim­i­ta­tion of War­ranties as explained above, you expressly under­stand and agree that any claim against us shall be lim­ited to the amount you paid, if any, for use of prod­ucts and/or ser­vices. KirkhamUpholstery.com will not be liable for any direct, indi­rect, inci­den­tal, con­se­quen­tial or exem­plary loss or dam­ages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or cor­rup­tion, can­cel­la­tion, loss of access, or down­time to the full extent that applic­a­ble lim­i­ta­tion of lia­bil­ity laws apply.

Copyrights/Trademarks

All con­tent and mate­ri­als avail­able on www.KirkhamUpholstery.com, includ­ing but not lim­ited to text, graph­ics, web­site name, code, images and logos are the intel­lec­tual prop­erty of Kirkham Upholstery, and are pro­tected by applic­a­ble copy­right and trade­mark law. Any inap­pro­pri­ate use, includ­ing but not lim­ited to the repro­duc­tion, dis­tri­b­u­tion, dis­play or trans­mis­sion of any con­tent on this site is strictly pro­hib­ited, unless specif­i­cally autho­rized by Kirkham Upholstery.

Ter­mi­na­tion of Use

You agree that we may, at our sole dis­cre­tion, sus­pend or ter­mi­nate your access to all or part of our web­site and Resources with or with­out notice and for any rea­son, includ­ing, with­out lim­i­ta­tion, breach of this User Agree­ment. Any sus­pected ille­gal, fraud­u­lent or abu­sive activ­ity may be grounds for ter­mi­nat­ing your rela­tion­ship and may be referred to appro­pri­ate law enforce­ment author­i­ties. Upon sus­pen­sion or ter­mi­na­tion, your right to use the Resources we pro­vide will imme­di­ately cease, and we reserve the right to remove or delete any infor­ma­tion that you may have on file with us, includ­ing any account or login information.

Gov­ern­ing Law

This web­site is con­trolled by Kirkham Upholstery from our offices located in the state of Utah, United States. It can be accessed by most coun­tries around the world. As each coun­try has laws that may dif­fer from those of Utah, by access­ing our web­site, you agree that the statutes and laws of Utah, with­out regard to the con­flict of laws and the United Nations Con­ven­tion on the Inter­na­tional Sales of Goods, will apply to all mat­ters relat­ing to the use of this web­site and the pur­chase of any prod­ucts or ser­vices through this site.

Fur­ther­more, any action to enforce this User Agree­ment shall be brought in the fed­eral or state courts located in United States, Utah You hereby agree to per­sonal juris­dic­tion by such courts, and waive any juris­dic­tional, venue, or incon­ve­nient forum objec­tions to such courts.

Guar­an­tee

UNLESS OTHERWISE EXPRESSED, www.KirkhamUpholstery.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Con­tact Information

If you have any ques­tions or com­ments about these our Terms of Ser­vice as out­lined above, you can con­tact us at:

https://www.kirkhamupholstery.com

329 W Main St,

American Fork, UT 84003 

United States

Phone: 801-756-3739