Terms & Conditions
Sole Room
Web Site Agreement
The Sole
Room Web Site (the "Site") is provided by Sole Room ("Sole Room
"), subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. SOLE ROOM MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
MODIFIED AGREEMENT.
1. Use of
the Site.
You
understand that, except for information, products or services clearly
identified as being supplied by Sole Room, Sole Room does not operate, control
or endorse any information, products or services on the Internet in any way.
Except for Sole Room-identified information, products or services, all information,
products and services offered through the Site or on the Internet generally are
offered by third parties that are not affiliated with Sole Room. YOU ALSO
UNDERSTAND THAT SOLE ROOM DOES NOT GUARANTEE ANY NON-SOLE ROOM BRAND OF ANY PRODUCT
ORDERED THROUGH THIS SITE. ALTHOUGH EVERY EFFORT TO SUPPLY THE BRAND ORDERED
WILL BE MADE, SOLE ROOM DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY OF ANY
PARTICULAR BRAND AND MAY SUBSTITUTE COMPARABLE BRANDS FOR THE UNAVAILABLE
BRAND.
YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. SOLE
ROOM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT
MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND SOLE
ROOM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. SOLE ROOM DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
You also
understand that Sole Room cannot and does not guarantee or warrant that any
files available for downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
LIMITATION
OF LIABILITY
IN NO EVENT
WILL SOLE ROOM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE, EVEN IF SOLE ROOM OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SOLE
ROOOM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Sole Room
makes no representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you access a non-Sole
Room web site, please understand that it is independent from Sole Room, and
that Sole Room has no control over the content on that web site. In addition, a
link to an Sole Room web site does not mean that Sole Room endorses or accepts
any responsibility for the content, or the use, of such web site.
2. Copyright,
Licenses and Idea Submissions.
The entire
contents of the Site are protected by international copyright and trademark
laws. The owner of the copyrights and trademarks are Sole Room, its affiliates
or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download
portions of material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to Sole
Room a non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for new or
improved products and services) you submit to any public areas of the Site
(such as bulletin boards, forums and newsgroups) or by e-mail to Sole Room by
all means and in any media now known or hereafter developed. You also grant to Sole
Room the right to use your name in connection with the submitted materials and
other information as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall have no recourse
against Sole Room for any alleged or actual infringement or misappropriation of
any proprietary right in your communications to Sole Room.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site are the
exclusive trademarks or service marks of Sole Room. Other product and company
names mentioned in the Site may be the trademarks of their respective owners.
3.
Indemnification.
You agree to
indemnify, defend and hold harmless Sole Room, its officers, directors,
employees, agents, licensors, suppliers and any third party providers to the
Service from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person accessing
the Service.
4. Third
Party Rights.
The
provisions of paragraphs 1 (Use of the Service), and 3 (Indemnification) are
for the benefit of Sole Room and its officers, directors, employees, agents,
licensors, suppliers, and any third party providers to the Service. Each of
these individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5. Term;
Termination.
This
Agreement may be terminated by either party without notice at any time for any
reason. The provisions of paragraphs 1 (Use of the Service), 2 (Copyright,
Licenses and Idea Submissions), 3 (Indemnification), 4 (Third Party Rights) and
6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This
Agreement shall all be governed and construed in accordance with the laws of
The United States of America applicable to agreements made and to be performed
in The United States of America. You agree that any legal action or proceeding
between Sole Room and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in The United States of America.
Any cause of action or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action arises or such
claim or cause of action is barred. Sole Room's failure to insist upon or
enforce strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision of
this Agreement. Sole Room may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Any rights
not expressly granted herein are reserved.