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THESE “TERMS OF USE” SET FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCESS AND
USE THE WEAVE CORPORATION (“WEAVE CORP”) WEB SITE (the "Site").
BY USING THE SITE YOU ARE KNOWINGLY AND WILLINGLY AGREEING TO BE BOUND BY THESE
TERMS OF USE AND UNDERSTAND THAT THESE TERMS OF USE SHALL CONSTITUTE A BINDING AND
ENFORCEABLE CONTRACT BETWEEN YOU AND WEAVE CORP.
MODIFICATIONS TO THESE TERMS OF USE: WEAVE CORP may, in its sole
discretion, modify the terms of these Terms of Use, in whole or in part, by posting
such modifications on the Site or by transmitting an e-mail message to You.
USE OF THE SITE: You agree and acknowledge that the Site and the content,
including, but not limited to, WEAVE CORP’s fabric designs, graphics and other
information provided on the Site (the “Site Content”), is the sole and exclusive
intellectual property of WEAVE CORP or is licensed by WEAVE CORP and shall not be
copied, reproduced, displayed, used, sold or otherwise distributed without the
express prior written consent of WEAVE CORP. WEAVE CORP hereby grants you a license
to access and use the Site and the Site Content solely in accordance with the terms
and conditions of these Terms of Use. Subject to the above limitations, you may
print copies of the Site Content solely for your personal, non-commercial use.
PRIVACY: The Privacy Policy contains additional information about how your
information (including information that will not be publicly viewable) will and will
not be used.
REPRESENTATIONS & WARRANTIES:
Disclaimer of Warranties: THE SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WEAVE CORP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WEAVE
CORP MAKES NO WARRANTY THAT (i) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM THE SITE WILL BE ACCURATE OR
RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN
RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,
WILL WEAVE CORP., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS,
LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY
TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON
THE SITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL,
LOSS OF OR DAMAGE TO DATA, 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 THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT WEAVE CORP. IS
GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY
TO ALL CONTENT, MERCHANDISE OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME
FROM WEAVE CORP. OR ITS SUBSIDIARIES AND AFFILIATES.
Exclusions and Limitations : Some jurisdictions do not allow the exclusion
of certain warranties or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations may not apply to
you.
THIRD PARTY LINKS: The Site may contain links to third party web-sites or
resources. WEAVE CORP. makes no representation or warranties concerning such third party
web-sites or resources and is not responsible for the content or operation of such third
party web-sites or resources, and shall have no liability in connection with them.
[COMMENT: Although the Site does not appear to have any links to third party web sites,
this is fairly harmless language to include and will avoid the need for a revision of the
TERMS OF USE in the event a third party site is linked to in the future.]
WARNING AGAINST HACKERS: It is possible that other users or unauthorized
"hackers" may post or transmit offensive or obscene materials on the Site and that you
may be involuntarily exposed to such materials. It may also be possible for other users
or "hackers" to obtain personal information about you. By using the Site, you assume the
risk of such occurrences.
MISCELLANEOUS TERMS:
Governing Law. By accessing the Site, you agree that the laws of the State
of New York, without regard to principles or conflict of laws, will govern these Terms
of Use and any dispute of any sort that might arise between you and WEAVE CORP. or its
affiliates. In addition, you agree to submit to the jurisdiction of the courts of the
State of New York, and that any action pursued concerning these Terms of Service or
Your use of the Site shall be within the exclusive jurisdiction of the courts of the
State of New York.
Construction. If any provision of these Terms of Use is held by a court of
competent jurisdiction to be invalid or unenforceable, then such provision shall be
enforced to the maximum extent permissible so as to affect the intent of these Terms
of Use, and the remainder of these Terms of Use shall continue in full force and
effect.
No Waiver. The failure by either you or WEAVE CORP to exercise or enforce
any rights or provisions of these Terms of Use shall not constitute a waiver of such
right or provision or any other provision of these Terms of Use.
Survival. All provisions in these Terms of Use regarding representations
and warranties, indemnification, disclaimers and limitations on liability shall
survive any termination of these Terms of Use.
Headings. The headings hereof are descriptive only and not to be construed
in interpreting the provisions of these Terms of Use.
These Terms of Use were last updated on October 8, 2004.
Please direct questions regarding these Terms of Use to legal@weavecorp.com
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