329 W Main St, American Fork, UT 84003 • Phone: 801-756-3739

Terms and Conditions

Terms of Ser­vice for KirkhamUpholstery.com


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.


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.


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.



Con­tact Information

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


329 W Main St,

American Fork, UT 84003 

United States

Phone: 801-756-3739