Acceptance of Terms
4 M Capital, LP d/b/a Arteriors Home (“Arteriors Home”) welcomes you. Arteriors
Home provides its service to you subject to this Terms of Use Agreement (“Terms
of Use”). Arteriors Home reserves the right to update the Terms of Use at any time
without notice to you. You can review the most current version of the Terms of Use
by clicking on the “Terms of Use” link located at the bottom of our web pages.
Description of Services
Arteriors Home, through its web property “www.arteriorshome.com” (the “Arteriors
Home Website”), provides you with a variety of resources, including, without limitation,
news and information about Arteriors Home, your account information, and access
to products available on or through the Arteriors Home Website (the “Services”).
Changes to Terms and Conditions
Arteriors Home may, from time-to-time, and at its sole discretion, modify these
Terms of Use. The modified Terms of Use will be effective immediately upon posting.
You agree to the new posted Terms of Use by continuing your use of the Arteriors
Home Website. You agree to review the Terms of Use periodically and your continued
use of the Arteriors Home Website following such modification will indicate your
acceptance of any modified Terms of Use. If you do not agree with the modified Terms
of Use, your only remedy is to discontinue using the Arteriors Home Website.
Privacy Policy
See the Arteriors Home Website Privacy Policy on this website for information regarding
the collection and use of your personal information. You consent to Arteriors Home
using such information and materials collected by the Arteriors Home Website under
the terms of the Arteriors Home Privacy Policy.
Intellectual Property
All materials displayed on, or contained within, the Arteriors Home Website, including,
without limitation, design, text, editorial materials, informational text, photographs,
illustrations, artwork and other graphic materials, and names, logos, trademarks
and service marks (collectively, the “Materials”), are the property of Arteriors
Home or its licensors and are protected by copyright, trademark and all other applicable
intellectual property laws. The Arteriors Home name, designs and related marks contained
within the Materials are trademarks of Arteriors Home. You acknowledge and agree
that the Arteriors Home Website and the Materials are the property of Arteriors
Home and its respective service providers, suppliers or licensors, and that you
will not acquire any rights or licenses in any trademarks, patents, copyrights or
other intellectual property on the Arteriors Home Website or in its Materials. The
Arteriors Home Website and its Materials are protected by copyright, both individually
and as a collective work or compilation, by trademark and patent laws, and by other
applicable laws.
Arteriors Home hereby grants you a personal, non-exclusive, non-assignable and non-transferable
license to use, display and make a reasonable number of copies of the Materials
(excluding the design or layout of the Arteriors Home Website) only for noncommercial
and personal use and only in accordance with these Terms of Use. Any copies that
you make of the Materials must retain all copyright and other notices. Use of the
Materials, as set forth below, is only permitted with the express prior written
consent of Arteriors Home and/or its licensors. Except as expressly provided for
in these Terms of Use, without Arteriors Home’s prior written consent, you may not
(i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate,
broadcast or circulate any Arteriors Home Website content, including, but not limited
to, any Materials, to any third party; (ii) participate in the transfer or sale
of any Arteriors Home Website content, including, but not limited to, the Materials;
or (iii) create derivative works or in any way exploit any Arteriors Home Website
content, including, but not limited to, the Materials. You are not permitted to
use any of the trademarks of Arteriors Home, or its respective licensors, suppliers
or service providers displayed on the Arteriors Home Website, without the prior
written consent of Arteriors Home or the third party that owns the trademark. No
portion of the content on the Arteriors Home Website may be stored in a computer
except for personal and non-commercial use.
Your Obligations
You may use the Arteriors Home Website’s features, offerings and content for lawful
purposes only. By using the Arteriors Home Website, you represent and warrant that:
(i) you have the power and authority to accept these Terms of Use and to enter into
this agreement with Arteriors Home; and (ii) you understand and accept the terms,
conditions and risks relating to the use of the Arteriors Home Website content and
its Materials. If you do not agree with these Terms of Use or are in any way dissatisfied
with the Arteriors Home Website or its Materials, your exclusive remedy is to discontinue
using the Arteriors Home Website.
No Endorsement of Third Party Sites
The Arteriors Home Website may contain links to or reference third party websites,
resources and advertisers (collectively, “Third Party Sites”). Your linking to such
Third Party Sites is at your own risk. Arteriors Home is not responsible for the
accuracy or reliability of any content, data, opinions, advice, statements, or other
information made on the Third Party Sites. Arteriors Home also is not responsible
for the availability of these Third Party Sites, nor is it responsible for the aesthetics,
appeal, suitability to taste or subjective quality of informational content, advertising,
products or other materials made available on or through such Third Party Sites.
No endorsement of any third party content, information, data, opinions, advice,
statements, goods, services or products is expressed or implied by any information,
material or content of any third party contained in, referred to, included on, or
linked from or to, the Arteriors Home Website. Under no circumstances shall Arteriors
Home or any affiliated providers be held responsible or liable, directly or indirectly,
for any loss, injury, or damage caused or alleged to have been caused to you in
connection with the use of, or reliance on, any content, information, data, opinions,
advice, statements, goods, services, or products available on such Third Party Sites.
You should direct any concerns to the respective Third Party Site’s administrator
or webmaster. Any links to Third Party Sites do not imply that Arteriors Home is
legally authorized to use any trademark, trade name, logo or copyright symbol displayed
in or accessible through such links, or that any linked Third Party Site is authorized
to use any trademark, trade name, logo or copyright symbol of Arteriors Home.
|
Disclaimers of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE ARTERIORS HOME WEBSITE IS AT YOUR SOLE RISK.
THE ARTERIORS HOME WEBSITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL
ERRORS AND IT IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS
OF ANY KIND. ARTERIORS HOME, ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, MAKE
NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS
OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS
REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY,
MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE
ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. ARTERIORS HOME, AND
EACH OF ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, ASSUMES NO RESPONSIBILITY
TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. ARTERIORS
HOME RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS
IN ANY PORTION OF THE ARTERIORS HOME WEBSITE. ARTERIORS HOME MAY MAKE ANY OTHER
CHANGES TO THE ARTERIORS HOME WEBSITE AT ANY TIME WITHOUT NOTICE.
Limitations of Liability
ARTERIORS HOME AND ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, SHALL NOT, UNDER
ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT
OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE ARISING FROM ANY PRODUCT AVAILABLE ON OR THROUGH THE ARTERIORS
HOME WEBSITE, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE MATERIALS
OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE
USE OF OR INABILITY TO USE ANY MATERIALS ON THE ARTERIORS HOME WEBSITE (OR A THIRD
PARTY WEBSITE LINKED TO THE ARTERIORS HOME WEBSITE), OR ANY OTHER CAUSE; AND EVEN
IF CAUSED BY THE NEGLIGENCE OF ARTERIORS HOME OR BY THE NEGLIGENCE OF ITS RESPECTIVE
LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS, AND EVEN IF ANY OF THEM HAS BEEN APPRISED
OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT
APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY.
ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY
OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.
Protecting Information
The Arteriors Home Website has reasonable security measures in place to protect
against the loss, misuse and interception by third parties of the information under
our control. However, complete confidentiality and security is not yet possible
over the Internet. Arteriors Home assumes no liability for any damages you may suffer
as a result of interception, alteration or misuse of any information transmitted
over the Internet.
Violations of Terms of Use
Arteriors Home reserves the right to seek all remedies available at law and in equity
for violations of these Terms of Use, including the right to block or restrict access
from a particular Internet address to the Arteriors Home Website.
Indemnification
You agree to indemnify, defend, and hold Arteriors Home, and its respective shareholders,
members, partners, directors, managers, officers, employees, agents, information
providers, suppliers, and attorneys, harmless from any and all liabilities, losses,
claims, and expenses, including, but not limited to, all legal fees and costs arising
from or relating to (i) your failure to comply with any of these Terms of Use; and
(ii) your use of the Arteriors Home Website. Arteriors Home has no duty to reimburse,
defend, indemnify, or hold you harmless resulting from, relating to, or arising
out of, these Terms of Use or the Arteriors Home Website.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws
of the State of Texas, without regard to its conflict of laws rules. You expressly
agree that the exclusive jurisdiction for any claim or dispute under these Terms
of Use or your use of the Arteriors Home Website reside in the courts located in
the State of Texas. You further expressly agree to submit to the personal jurisdiction
of the courts located in Dallas County, Texas, for the purpose of litigating any
such claim or action.
Miscellaneous
This Section, and the provisions of these Terms of Use addressing disclaimers of
representations and warranties, indemnity obligations, intellectual property and
governing law, shall survive the termination of these Terms of Use.
These Terms of Use and the Arteriors Home Website Privacy Policy contained on this
website, constitute the entire agreement between the Arteriors Home and you with
respect to your use of the Arteriors Home Website, and supersede all previous written
or oral agreements. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given
any legal import.
BY USING THE ARTERIORS HOME WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS
OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS HEREIN.
Updated: ________, 2008
|