Terms of Use
Your use of the Urban Infillers website is conditioned upon the following terms, and your use of the Urban Infillers website is acceptance of these terms:
You
References in the following terms to “you” means any user of any portion of the Urban Infillers website (the “Site”).
Copyright
Copyright © 2007 Marlow Development LLC (“Marlow”). All rights reserved. Permission is given to view, copy, print, and distribute material (“Material”) on the Site, subject to the following conditions:
Material may be used only for informational purposes only. Any copy of any portion of the Material must include this copyright notice. You may establish a hypertext link to the home page of the Site from your own website so long as the page containing the link properly attributes the Site to Marlow and does not in any way imply Marlow’s sponsorship of your website. However, you may not, without obtaining written permission from Marlow, republish, redistribute or otherwise make any copies, of the Material, as a part of the link, including by framing or similar means, or otherwise. No other use of any Material is permitted without the express written consent of Marlow.
Content and Liability Disclaimer
Marlow does not warrant that the Material is accurate, complete, current, or free of technical or typographical errors. It is your responsibility to verify any information before relying on it. Marlow reserves the right to make changes and updates to any Material without prior notice.
Access to, and use of, the Site and the Material is at your sole risk. The Site may include links to certain other websites solely for your convenience, and Marlow is not responsible for the content of any other websites. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
MARLOW MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NEITHER MARLOW NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR ANY MATERIAL SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE OR ON ANY OTHER WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE MATERIAL OR ANY CONTENT OF ANY OTHER WEBSITE.
Trademarks
Urban Infillers and the Urban Infillers logo are trademarks of Marlow. Other product and service names may be trademarks of their respective companies. The absence of an identification of third party marks or the lack an attribution of ownership of such marks on the Site should not be construed as any claim of rights by Marlow.
Dispute Resolution
Any dispute arising out of, or relating to, the Site or any Material shall be settled exclusively by final and binding arbitration to be conducted in accordance with the Judicial Arbitration and Mediation Services ("JAMS") Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sections 1-16, not state law, shall govern the arbitrability of the dispute. The costs of the arbitration, including the arbitrator's fees, shall be shared equally by the parties; provided, however, that each party shall bear the cost of preparing and presenting its own claims and/or defenses (including its own attorneys' fees). The arbitration will be held in Portland, Oregon. The arbitrator has no authority to award any indirect, incidental, special, reliance, punitive, or consequential damages, including damages for lost profits. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction. If a party is required to enforce compliance with this Section (including non-payment of an award), then the non-complying party shall reimburse all of the costs and expenses incurred by the party seeking such enforcement (including reasonable attorneys' fees).
Contributions
Comments, suggestions or other information sent to Marlow are provided without restriction or obligation on Marlow, will not be held in confidence by Marlow and may be used as Marlow determines in its discretion.
Compliance and Consent
You will comply with these terms and all applicable laws and other government requirements applicable to you or your use of the Site. Marlow is under no obligation to monitor any use of the Site or of any transmissions received through or in connection with the Site. However, a Marlow may take and authorize others to take any action it determines appropriate to identify and address any violation of these terms.