Welcome to www.hidesign.com. By accessing or using this Site, you (User) agree to comply with the terms and conditions governing User use of any areas of the Hidesign web site (the Site) as set forth below.
Use Of Site: This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose except as expressly permitted by Hidesign. Hideisgn and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if hidesign believes that User conduct violates applicable law or is harmful to the interests of Hidesign or its affiliates.A. Proprietary Rights in Content: User acknowledges that the Hidesign Site contains content, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, and other material (collectively Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The compilation (meaning the collection, arrangement and assembly) of all Content on this Site is the exclusive property of Hidesign and protected by and international copyright laws. All software used on this Site is the exclusive property of Hidesign and protected by and international copyright laws. The Content and software on this Site may be used as a shopping and selling resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Content of this Site is strictly prohibited.
B. Submission of Information or Content: Hidesign welcomes User comments, information and submissions (collectively, Submission). Hidesign, however, does not assume any obligation with respect to any Submission and no confidential or fiduciary understanding or relationship is established by Hidesign receipt or acceptance of any Submission. All Submissions become the exclusive property of Hidesign and its affiliates. Hidesign.com and its affiliates may use any Submission without restriction and User shall not be entitled to any compensation.
C. Third-Party Content: Neither Hidesign, nor its affiliates, nor any of their respective officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of this Site, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In some instances, the Content available through Hidesign may represent the opinions and judgments of Providers or Users. Hidesign and its affiliates do not endorse and shall not be responsible for the accuracy or reliability of any opinion, advice, or statement made on this Site by anyone other than authorized Hidesign employees. Under no circumstances shall Hidesign, or its affiliates, or any of their respective officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through Hidesign. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through this Site.
ONLINE CONDUCT: User agrees to use the Hidesign Site only for lawful purposes. User is prohibited from posting on or transmitting through Hidesign any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If Hidesign is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, Hidesign may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Hidesign. Hidesign may disclose any Content or ele ctronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Hidesign; or (iii) to protect the rights or property of Hidesign, its Users or Providers.
Hidesign reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, the Hidesign Site, the communities that make up Hidesign, or any rights of Hidesign or its affiliates or any other party, or to violate any applicable law. Notwithstanding the foregoing, neither Hidesign nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Hidesign, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Hidesign.
DISCLAIMERS AND LIMITATION OF LIABILITY
User agrees that use of this Site is at User's sole risk. Neither Hidesign, nor its affiliates, nor any of their respective officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, Providers), warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Site. THIS SITE IS PROVIDED BY Hidesign ON AN AS ISAND AS AVAILABLE BASIS. Hidesign MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Hidesign DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Hidesign WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. Under no circumstances shall Hidesign or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this Site, including but not limited to reliance by a User on any information obtained from Hidesign or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Hidesign's records, programs, or services. User hereby acknowledges that these disclaimers and limitation on liability shall apply to all content, merchandise, and services available through this Site. In states that do not allow the exclusion of limitation or limitation of liability for consequential or incidental damages, User agrees that liability in such states shall be limited to the fullest extent permitted by applicable law.
PRIVACY POLICY:Hidesign respects the privacy of its Users. Users are encouraged to review the terms of the Hidesign Privacy Policy.
USAGE BY CHILDREN UNDER 16: Hidesign cannot prohibit minors from visiting this Site. Hidesign must rely on parents, guardians and those responsible for supervising children under 16 to decide which materials are appropriate for such children to view and/or purchase (whether in our shop online area or other areas of this Site). Hidesign requires that all purchases be made either (i) by individuals 16 years of age or older, or (ii) by minors under 16 through a Hidesign authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT Hidesign, YOU ARE REPRESENTING TO Hidesign THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 16 WHO IS PURCHASING THROUGH A Hidesign AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS, AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
TERMINATION OF USAGE:Hidesign may terminate User's access, or suspend any User's access to all or part of Hidesign, without notice, for any conduct that Hidesign, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or Hidesign or any of its affiliates.
INDEMNITY: User agrees to indemnify and hold Hidesign, its affiliates and their respective officers, directors, employees and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or in connection with User's breach of any term or condition of this User Agreement or User's violation of any law or the rights of any third party.
COPYRIGHT:All content contained on this Site, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, is the property of Hidesign, its affiliates or their respective content suppliers and protected by and international copyright laws.
TRADEMARKS:Trademarks appearing on Hidesign may only be used with the permission of the respective trademark owners.
ARBITRATION:Any controversy or claim arising out of or relating to this User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Arbitration shall be conducted in Waterbury, Connecticut , and judgment on any arbitration award may be entered in any court having jurisdiction thereof. Each party shall be responsible for its own fees and costs in relation to the arbitration. The parties shall share equally the arbitrator's fees and costs. The arbitrator shall have no authority to award costs or punitive damages to any party. User or Hidesign may seek any interim or preliminary equitable relief from a court of competent jurisdiction in Waterbury, Connecticut necessary to protect the rights or property of User or Hidesign pending the completion of arbitration.
GENERAL:This User Agreement shall be construed and governed in all respects by the laws of the State of Connecticut as such laws are applied to agreements entered into and to be performed entirely within Connecticut between Connecticut residents and without giving effect to any principles of conflicts of law. This User Agreement sets forth the entire understanding and agreement between User and Hidesign with respect to the subject matter hereof and terminates, cancels and supersedes any and all oral or written agreements, understandings, statements, representations and warranties heretofore made relating to the subject matter hereof. The failure of User or Hidesign to insist upon strict adherence to any provision of this User Agreement on any occasion shall not be considered a waiver of such party's right to insist upon strict adherence to such provision on any other occasion or to any other provision of this Agreement in any instance. Any waiver shall be in writing signed by a duly authorized representative of the waiving party. If one or more any provision of this User Agreement is held to be illegal, invalid or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. In the event a provision is held to be illegal, invalid or unenforceable, the User Agreement shall remain in full force and effect and the arbitrator or court shall be empowered to modify, if possible, such illegal, invalid or unenforceable provision to the extent necessary to make this User Agreement enforceable in accordance with the intent and purposes of the parties expressed herein to the fullest extent permitted by applicable law. The section headings contained in this User Agreement are for convenience only are in no way define, limit, or enlarge the scope of the provisions of such section and shall not be considered in the interpretation or enforcement of this User Agreement.
Portions of this site are authorized to operate under license of U.S. Patent Nos. 5,528,490, 5,761,649, and 6,029,142.
ACKNOWLEDGMENT: By accessing or using this Site, USER AGREES TO BE BOUND BY THE TERMS AND CONDITION, INCLUDING DISCLAIMERS. Hidesign reserves the right to make changes to its Site and these terms and conditions, including disclaimers, at any time