Use of Site.
Designtex grants you a non-exclusive right to access and use the Site and the data, material, content or information herein (collectively, the “Materials”) solely for your personal use. Your right to access and use the Site shall be limited to non-commercial purposes unless you are otherwise expressly authorized by Designtex to use the Site for commercial purposes. You agree to: (a) use the Site only for lawful purposes; (b) take all necessary precautions to ensure that all content or other material you post or otherwise make available within the Site does not contain any viruses, time bombs or other programs that may damage or interfere with the operations of the Site or any system, data or information pertaining to the Site; (c) comply with all rules governing transactions on and through the Site; and (d) comply with all applicable laws, statutes, rules, regulations and policies (collectively, “Laws”).
It is an express condition of your access to and use of the Site that you agree not to: (a) distribute, exchange, modify, sell, reproduce, copy, transmit, transfer, republish, compile or decompile, reverse engineer, disassemble, display, remove or delete any Materials provided by Designtex, its third party licensors and/or other users of the Site; (b) allow unauthorized disclosure or copying of any part of the Site or any Materials obtained from the Site; (c) engage in any conduct that in any way restricts, inhibits or impacts any other user from using or enjoying the Site; or (d) violate the privacy rights of other users of the Site.
Additionally, as you may be aware, this Site may offer you the opportunity to transmit information to us or to participate in posting boards, chat rooms and other discussion areas (collectively, the “Transmission and Discussion Activities”). The Transmission and Discussion Activities are designed to enable you to raise questions, share comments and discuss issues with us and other Site users. We do not guarantee that we will respond to or post your transmissions or comments at all or exactly as they were transmitted to us. Moreover, when engaging in Transmission and Discussion Activities, you are expressly prohibited from (a) posting or transmitting any false, misleading, disruptive, persistently off-topic, unlawful, harmful, threatening, libelous, abusive, harassing, defamatory, obscene, sexually explicit, profane or otherwise objectionable Materials of any kind whatsoever; (b) posting or transmitting any Materials that encourage or promote illegal activity or that may give rise to civil or criminal liability or that violate any Laws, including but not limited to Laws governing intellectual property; (c) posting or transmitting any Materials for commercial purposes, other than in connection with your customer relationship with us; or (d) post or transmit any Materials that contain false or inaccurate information for the purposes of registering as a user of any part of the Site or any of the functions offered pursuant to any part of the Site.
While we may monitor, remove, or delete Materials you transmit to this Site, we are under no obligation to monitor, remove, or delete any such transmissions. We exercise no editorial review and assume no responsibility for false, misleading, disruptive, persistently off-topic, unlawful, harmful, threatening, libelous, abusive, harassing, defamatory, obscene, sexually explicit, profane or otherwise objectionable Materials supplied to this Site; provided, however, that we may take any action with respect to any Materials that we deem in our sole discretion is necessary or appropriate, including the deletion of any such Materials. We reserve the right to monitor all activity on this Site and to notify the proper law enforcement officials if any suspicious activity is detected. Violating these rules may be grounds for restriction or termination of access to and use of the Site, possible civil or criminal liability, and, if you are an employee, termination of employment.
Submission of Information.
Copyright and Trademark Information
All Materials published and displayed on, contained within, or relating to this Site (including, but not limited to, text, graphics, user interface, logos, images, designs, and illustrations) are the exclusive property of: (a) Designtex, (b) its parent company, Steelcase Inc. (“Steelcase”), (c) their affiliates, or (d) their respective licensors. The Materials are protected by United States and international laws. The Site and all content on this Site are provided for lawful purposes only. By accessing and using this Site, you agree to abide by U.S. and international copyright law and all other laws applicable to the use of this Site.
You are authorized only to view, copy, print, and use content on this Site so long as: (a) the Materials are used for internal business purposes or for personal, non-commercial or educational use; (b) none of the Materials available from this Site is modified in any way; and (c) any copy of the Materials of this Site (or portion thereof) retains all notices contained thereon and includes the following copyright notice:
Designtex ® A Steelcase Company. © 2010 Steelcase Inc.
Except as otherwise authorized by these Terms, you may not upload, post, create derivative works of or distribute, in any way, any Materials, without obtaining prior written permission from Designtex. Nothing contained herein shall be construed as conferring to you, by implication, estoppels or otherwise, any right, title or ownership of or to the Materials.
All brand, product, service and process names appearing on this Site are trademarks of their respective holders. Reference to or use of a brand, product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that brand, product, service, or process by Designtex or Steelcase. Nothing contained herein shall be construed as conferring by implication, estoppels, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of ours or any third party, except as expressly granted herein.
ALL INFORMATION OR SERVICES PROVIDED BY DESIGNTEX TO YOU VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, TIMELINESS, SECURITY, QUALITY, SEQUENCE,CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT DESIGNTEX, STEELCASE AND THEIR THIRD PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE SITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT DESIGNTEX, STEELCASE AND THEIR THIRD PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE SITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST DESIGNTEX AND STEELCASE FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO CEASE YOUR USE OF THE SITE AND/OR THE MATERIALS
Limitation of Liability
IN NO EVENT WILL DESIGNTEX OR STEELCASE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) IN ANY WAY RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE SITE, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE OR WHETHER DESIGNTEX OR STEELCASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESIGNTEX AND STEELCASE WILL NOT BE LIABLE FOR THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, OR SUITABILITY OF THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE.
As a convenience to you, the Site may provide links or references to sites operated by other individuals, companies or other entities. If you access any of these third party sites you will leave the Site. Designtex has no responsibility for the data, material, content or information of these other sites, does not make any representations or give any warranties with respect to any data, material, content or information contained at or made available through these other sites and shall not be liable for any damages or injury arising from the data, material, content or information of these other sites. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk. Designtex reserves the right to terminate any link or linking program at any time. In most cases, Designtex does not endorse the individuals, companies or other entities, or any products or materials associated with such individuals, companies or other entities, that either provide a link from the Site or provide a link to the Site at their sites.
You may cite, refer or link to this Site provided that you: (a) link to the homepage of this Site only; (b) do not replicate the content of this Site; (c) do not create a browser or frame environment around the content of this Site; (d) do not imply that we endorse your company or its products; (e) do not misrepresent your relationship with us; (f) do not present false information about us or our products or services; (g) do not use our stylized trademarks or logos unless you first get our written permission; and (h) do not cite, refer or link to the Site in connection with any content that violates any law or rights of any person, is false, misleading, defamatory, pornographic, or offensive, or could be construed as inappropriate for certain age groups. Designtex or Steelcase may at any time revoke the right granted in this paragraph at its sole discretion.
Access, Availability, Changes and Updates.
The Site and Materials have been compiled from a variety of sources and is subject to change without notice. The Site and Materials may include technical inaccuracies or typographical errors. Designtex may make changes in the products, services, pricing, manufacturing or prices described on the Site or in the Materials at any time without notice. Your access of the Site or Materials does not create a contract for the purchase or sale of products or services. Designtex shall have the right, in its sole discretion, to change, update, revise or supplement these Terms at any time. Such changes, updates, revisions and supplements to these Terms will be effective upon notice thereof, which may be given by any reasonable means, including by posting on the Site. By continuing to use the Site after such notice, you agree to be bound by any such revisions to these Terms. Please check these Terms periodically to inform yourself of any revisions to which you are bound. This Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. We cannot predict or control when such down time may occur and cannot control the duration of such down time.
Governing Law and Forum
These Terms shall be governed by and interpreted in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed removable from the Terms and shall not affect the validity and enforceability of any remaining provisions. ANY CONTROVERSY OR DISPUTE WILL BE SUBMITTED, AND YOU HEREBY IRREVOCABLY CONSENT, TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS IN THE STATE OF MICHIGAN, U.S.A. IN ANY LEGAL PROCEEDING.
Responsible Use of the Site
By using the Site, you agree to compensate, indemnify, hold harmless, and defend Designtex and Steelcase, their affiliates and third party licensors, and their respective shareholders, directors, officers, employees, representatives, agents, successors and assigns from and against any claims, damages, losses, liabilities, costs, and expenses, including but not limited to attorneys’ fees, resulting directly or indirectly from your use of the Site or the Materials, unless such claims, damages, losses, liabilities, costs, and expenses arise from and have directly and solely been caused by our gross negligence or intentionally wrongful acts.
If you select or are provided with your own username or password to access this Site, you acknowledge that you are solely responsible for any unauthorized use of this Site conducted via your own username and password, and that you have an obligation to contact us immediately (via the contact us page on this Site) if you know or suspect that your username or password has been compromised.
Right to Terminate or Discontinue Access.
Designtex shall have the right to: (a) restrict, prevent, terminate or suspend your access to all or any part of the Site at any time, without notice; or (b) change or discontinue providing all or any part of the Site at any time without notice.
No delay or omission by Designtex to exercise any right occurring upon any action, inaction or noncompliance on your part with respect to any of these Terms shall impair any such right or power or be construed to be a waiver thereof or a waiver by Designtex of any other rights arising hereunder.
Other Terms May Apply.
If you have questions regarding these Terms, or if you wish to report any violations thereof, you may contact us through the “connect with us” site.
This Terms and Conditions of Use was last revised: April, 2010