I. AGREEING TO THE TERMS
A. In order to use the Site, you must first agree to the Terms. You may not use the Site if you do not agree to the Terms.
B. You can manifest your agreement to the Terms in any way, including but not limited to visiting or using the Site in any way.
C. You may not visit or use the Site if (a) you are not of legal age to form a binding contract, or (b) you are a person barred from receiving the Services under the laws of the place in which you reside or from which you access the Site or under any other applicable law.
D. We urge you save a copy of the Terms for your records.
II. CHANGING THE TERMS; CHANGING THE SITE.
A. American Silk shall have the absolute discretion and right to change the Terms at any time and from time to time without prior notice to you. American Silk may do so by changing the Terms on the Site. If you object to any change, your only remedy will be to discontinue visiting or using the Site. If you continue to visit or use the Site following any change of the Terms it will constitute your agreement to be bound by the changed Terms.
B. Certain provisions of the Terms may be superseded by different terms that are expressly stated elsewhere on the Site. In each such case, those expressly stated terms shall supersede the applicable provision(s) set forth in these Terms.
C. American Silk shall have the absolute discretion and right to change the Site at any time and from time to time without prior notice to you. American Silk may do so by changing any Services, Materials or other items found on the Site. If you object to any change of the Site, your only remedy will be to discontinue visiting or using the Site.
D. American Silk shall have the absolute discretion and right to discontinue or permanently stop providing the Site (or any features thereof) to you or to users generally at any time and from time to time without prior notice.
A. You may on occasion provide information to American Silk through the Site. If you elect to provide information to American Silk, whether through the “Contact” section of this website or by any other means, the information so provided is referred to as “User Information”.
B. For information about our policies and practices concerning User Information, please read the Privacy Policies for the Site at http://www.sensuede.com
C. By providing User Information you agree to the use of same in accordance with American Silk’s Privacy Policies.
IV. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE SERVICES AND MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
B. AMERICAN SILK DISCLAIMS ALL WARRANTIES OF ANY KIND CONCERNING THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT THOSE WARRANTIES CLEARLY AND EXPRESSLY STATED IN THESE TERMS OR ELSEWHERE ON THE SITE.
C. IN PARTICULAR, AMERICAN SILK DOES NOT REPRESENT OR WARRANT TO YOU THAT:
1. THE SITE WILL MEET YOUR REQUIREMENTS,
2. THE USE OF THE SITE WILL BE UNINTERRUPTED, SECURE OR FREE FROM ERROR,
3. INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIALS.
E. NO ADVICE OR INFORMATION OBTAINED THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY.
F. AMERICAN SILK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED AS A RESULT OF YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (DIRECT OR INDIRECT), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTIONS, OR OTHER TANGIBLE OR INTANGIBLE LOSS;
G. ONLY THE LIMITATIONS HEREIN WHICH ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY AND THE LIABILITY OF AMERICAN SILK, IF ANY, IS LIMITED HEREBY ONLY TO THE EXTENT PERMITTED BY LAW.
V. LINKS TO OTHER SITES.
A. The Site may include links to other web sites or content or resources sponsored or provided by persons or entities other than American Silk or its affiliates (“Third Party Sites”). We will have no control over Third Party Sites and will have no obligation to monitor the content or operations of Third Party Sites.
B. American Silk does not endorse or make any representations about Third Party Sites, or about any information, software, products, services, or materials found there or any results that may be obtained by using them. If you access any Third Party Sites linked to this Site, you do this entirely at your own risk.
VI. AMERICAN SILK ’S INTELLECTUAL PROPERTY.
A. American Silk Mills LLC owns or is the licensee of all legal right, title and interest in and to the trademarks, trade names, logos, domain names, and other distinctive brand features displayed on the Site, and owns or is the licensee of all legal right, title and interest in and to the materials appearing in the Site (collectively the “Intellectual Property”). American Silk Mills LLC owns or is the licensee of the Intellectual Property without regard to whether the Intellectual Property is registered or not, or where in the world those Intellectual Property rights may exist. Without limiting the generality of the foregoing: (1) “American Silk” is the registered trademark of American Silk Mills LLC (2) “Sensuede” is the registered trademark of Asahi Kasei Fibers Corporation and (3) the content, presentation and look of the Site are copyrighted by American Silk Mills LLC and may not be copied, imitated, or used (in whole or in part) without the prior written permission of American Silk Mills LLC.
B. Nothing in these Terms gives you a right to use any of the Intellectual Property for any purpose whatsoever.
A. American Silk may terminate, suspend, or modify your use of, or access to, all or part of the Site, without notice, at any time and for any reason.
B. You may discontinue your use of and access to the Site at any time and for any reason.
C. If you violate any of these Terms, your authorization to use the Site will terminate automatically without any further act of or notice by American Silk.
A. Any notices or other communications from American Silk to you, including but not limited to those regarding changes to the Terms or to the Site, shall be sufficient if given by email or by postings on the Site.
B. Any notices or other communications from you to American Silk shall be sufficient if given by U.S. mail or by email to the following addresses:
U.S. Mailing Address
American Silk Mills LLC
75 Stark Street
Plains, PA 18705
Att: Legal Department
C. When you visit or use the Site or send e-mails to American Silk, you are communicating with American Silk electronically. We may respond to your communications to us by e-mail or by posting notices on the Site. Any such electronic communications from American Silk to you will satisfy any legal requirement that such communications be in writing.
IX. MISCELLANEOUS LEGAL TERMS.
A. Waiver. The failure of American Silk to enforce any provision of these Terms shall not result in a waiver of same. No waiver of any provision of these Terms in any one instance shall be deemed to result in a waiver of such provision in any other instance.
B. Titles. The titles in this Agreement are for convenience of reference only, and are not to be considered in construing these Terms.
C. Governing Law and Lawsuits. These Terms shall be construed and enforced in accordance with Pennsylvania law, giving no effect to Pennsylvania choice of law rules. All lawsuits arising from or relating to these Terms or your use of the Site shall be brought in the Federal or State courts in or for Luzerne County, Pennsylvania, USA, and you hereby submit to the exclusive personal jurisdiction of such courts for such purpose.
D. Severability. If any provision of these Terms is found to be void or unenforceable under existing or future law, the remaining provisions of these Terms shall nevertheless be binding with the same force and effect as though the void or unenforceable parts were deleted.
© American Silk Mills LLC 2012