Terms and Conditions
Last Updated: December 17, 2019
Welcome to the curranonline.com website (the "Site"). Curran Catalog LLC ("Curran") provides the access and use of the Site subject to the following terms and conditions set forth in this agreement (the "Agreement").
This Agreement is between you and Curran ("we" or "us") concerning your use of (including any access to) the Site and any other websites that we own and control and which contain a link to this Agreement (e.g. sisalcarpet.com). ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
If you do not agree to this Agreement, we ask you to please discontinue your use of the Site.
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
2. OUR NEWSLETTERS:
You do not have to register with us to view this Site. To register for our newsletter(s) you need to only provide us your name and email address. If at any time you wish to unsubscribe to the newsletter, please follow the steps provided in the newsletter email on how to unsubscribe.
3. USE OF THE SITE:
Subject to the terms and conditions of this Agreement, Curran hereby grants you a limited, revocable, non-transferable and non-exclusive permission to access and use the Site by displaying it on your internet browser and make purchases solely for your use as intended through the normal functionality of the Site. In case of breach of this Agreement, we may, at any time, revoke permission to use the Site and terminate your account without further notice. We reserve the right to discontinue or make modification to the Site at any time. Except for allowing you to use the Site for your personal use as set forth above, when you use the Site, you are NOT receiving a license or any other rights from us, including intellectual property or other proprietary rights of Curran. We reserve all rights not expressly granted, in and to the Site, our Newsletters and their content.
4. RESTRICTION ON USE:
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
5. INTERNATIONAL ACCESS:
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
6. ELECTRONIC COMMUNICATION:
When you use the Site, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
For all of the content that you post or submit to Curran you grant Curran a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content on television. You grant Curran and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate this Agreement and will not cause injury to any person or entity, and that you will indemnify Curran for all claims resulting from any content that you supply. Curran has the right but not the obligation to monitor any activity and to edit or remove any content. Curran takes no responsibility and assumes no liability for any content posted by you or by any third party.
9. INTELLECTUAL PROPERTY:
All intellectual property rights in the content of the Site (including copyrights, trademarks, trade secrets and patents) are the property of Curran unless indicated otherwise. The Site and material published on the Site are owned by Curran or our licensors. We own copyright in the individual pages, and their components, and collective works available at the Site as well as the selection, coordination, arrangement and enhancement of the Site’s content and we also own copyright in the Site.
All text, photos, videos, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Curran or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Curran or its affiliates. All software used on this Site (the "Software") is the property of Curran, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. Curranonline.com, and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Curran, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
10. SECURITY AND ACCOUNT:
In order to access some features of the Site, including purchasing options, you will have to register with the Site and create an account. You may not use another user’s account without their prior written permission. When you create an account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. If we believe that your registration information may not be complete, current, or accurate, or that you have otherwise violated this Agreement, we reserve the right to suspend or terminate your account and disallow you further access to the Site. You are solely responsible for the activity that occurs on your account, and you must keep your login information and account password secure. You may change your password at any time by updating your account settings. In addition, you agree to promptly notify us of any unauthorized use of your password or login information, the intentional or inadvertent disclosure of your password or login information, any other need to deactivate your account due to potential or actual security concerns, or any other breach of security. We are not liable for any damages or harm related to any unauthorized use of your password or login information, the theft or loss of your password or login information, your intentional or inadvertent disclosure of your password or login information, or your authorization to allow another person or entity to use your account or login information. You agree to indemnify Curran for any damages or losses that may be incurred or suffered by any party, including but not limited to us and other users of the Site, as a result of your failure to maintain the confidentiality of your account information, password and login information.
11. TERMS OF SALE:
Curran provides its products and sales-related services subject to the terms and conditions set forth in the Terms of Sale (the “Terms of Sale”). By placing an order with Curran, you agree to be bound by the Terms of Sale.
12. LINKS TO OTHER MATERIALS:
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
14. MOBILE SERVICES:
The Site may include certain services that you may access through your mobile phone or other mobile device, including services that allow you to use your mobile device to place orders, receive and reply to messages from Curran, and access certain other features (collectively, the "Mobile Services"). Curran does not charge for Mobile Services. However, when you access or sign up for Mobile Services, you recognize, acknowledge, and understand that you may incur charges by your wireless carrier for all messages sent to you from Curran, or any of its corporate affiliates or subsidiaries. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Curran, or any of its corporate affiliates or subsidiaries, be responsible for any wireless e-mail, text messaging, or other charges incurred by you or by any individual who has access to your wireless device, telephone number, or e-mail address. Downloading, installing, using, or accessing certain Mobile Services may be prohibited or restricted by your mobile service provider, and not all Mobile Services may work with your device. You are responsible for confirming with your service provider whether the Mobile Services are available for your mobile device, whether any restrictions may be applicable to your use of the Mobile Services, and whether any charges may apply to your use of the Mobile Services. Note that premium charges may be applied on a one-time and/or a recurring basis and may be charged to you on your regular bill or deducted from any prepaid balances. By using the Mobile Services, you agree that Curran may communicate with you through your mobile device and that certain information about your usage of the Mobile Services may be communicated to Curran. If you change or deactivate your mobile telephone or other access number, you agree to promptly update your mobile subscription account information to ensure that the messages Curran intends to send to you are not sent to another person.
15. WARRANTY DISCLAIMER
YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM EXPERIENCED FROM USING THE SITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION AND CONTENT (INCLUDING ANY THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.
YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU UNDERSTAND THAT WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR NEWSLETTERS, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND NEWSLETTERS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.
16. LIMITATION OF LIABILITY
IN NO EVENT WILL CURRAN OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE TRANSMISSION OF INFORMATION OVER UNENCRYPTED SYSTEMS SUCH AS EMAIL OR THE INTERNET. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You understand that you are personally responsible for your use of the Site. You also agree to indemnify and hold Curran, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) arising from: your use of and access to the Site, your violation of any of this Agreement or your violation of any applicable law or any right of any third party. This defense and indemnification obligation will survive this Agreement and your use of the Site.
18. MISCELLANEOUS PROVISIONS
No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.
We may assign this Agreement, in whole or in part, in our sole discretion. You may not assign any right under this Agreement without our prior written permission. Any attempt by you to assign a right under this Agreement without our permission shall be void and non-binding on Curran.
Change of the terms and conditions of the Agreement
Curran may, at its sole discretion, revise or add new terms and conditions to this Agreement from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Curran may give by any means, including, without limitation, by posting the revised terms and conditions on the Site. You are responsible for reviewing the Site for any modifications to this Agreement that may affect your rights or obligations. Any access or use by you of the Site after changes to this Agreement will constitute your acceptance of the revised terms and conditions.
Termination and effect of termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, without liability to you or any third party immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.
Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Sections [1 - 2] and [4 - 18] shall survive any expiration or termination of this Agreement.
Waiver and Severability
If any part of this Agreement is determined to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. The failure of Curran to partially or fully exercise any rights under this Agreement or the waiver of any of the terms of this Agreement by Curran shall not prevent a subsequent exercise of such right by Curran or be deemed a further or continuing waiver by Curran of that or any other term. The rights and remedies of Curran under this Agreement and any other applicable agreement between you and Curran shall be cumulative, and the exercise of any such right or remedy shall not limit Curran's right to exercise any other right or remedy.
No Third Party Beneficiaries
Nothing in this Agreement shall be deemed to confer any third party’s rights or benefits.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
Choice of Law and Forum
- This Agreement is governed by and will be governed by the laws of the State of Washington, without giving effect to the Washington principles of conflicts of laws. Any claim or dispute between you and Curran that arises in whole or in part from this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate will be determined by arbitration in Seattle, Washington. The arbitration will be administered by JAMS pursuant to JAMS’s Streamlined Arbitration Rules and Procedures. The dispute will be heard by one arbitrator.
- This clause will not preclude you nor Curran from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
- You and Curran will maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. The arbitrator will reach his or her decision within three days from the conclusion of the hearing, and the arbitrator’s decision will be final, binding and non-appealable.
Limitation of Actions
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
19. CONTACT AND COMPLAINTS
If you have a question or complaint regarding any of the Site, please contact us by visiting firstname.lastname@example.org. You may also contact us by writing to 1932 First Avenue Suite 800 Seattle, WA 98101, or by calling us at 800-555-6653 or +1-206-441-2721. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.