Terms of Use
Updated: October 8, 2008
Introduction
For over 30 years, Patton Wallcoverings ("Patton") has been a leading distributor of wallcoverings in the United States and international markets.
We pride ourselves on outstanding service by: (i) having the highest fill rate in the industry, with over 97% same-day shipping; (ii) maintaining the lowest prices for in-stock dealers; (iii) offering low, everyday roomlot pricing; and (iv) providing great customer service.
The "Patton Website" includes all Patton branded URLs (including but not limited to www.pattonwallcoverings.net), all content posted on the Patton Website (including but not limited to any and all images available for download) and all other products, services and applications offered now or in the future by Patton through the Patton Website.
Terms & Conditions
Use of the Patton Website
1. These Terms of Use set forth the legally binding terms for your use of the Patton Website. By using the Patton Website, you agree to be bound by these Terms of Use, whether you are a "Visitor" (meaning that you simply browse the Patton Website, including through a mobile device, or otherwise use any of the features, product of services for which an Account is not required) or you are an "Account Holder" (meaning that you have an account with Patton). The term "User" refers to Visitors and Account Holders collectively.
2. You are only authorized to use the Patton Website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of these Terms of Use. Please read these Terms of Use carefully and save them.
Components of the Terms of Use
3. These Terms of Use include Patton's Privacy Policy, Patton's Linking Policy, Patton's policies regarding acceptable use (see Sections 17 to 28), and all other terms and conditions contained herein (which govern all rights, obligations and restrictions regarding the Patton Website and content posted on or through the Patton Website).
Updates and Amendments
4. Patton may modify these Terms of Use from time to time and such modification shall be effective upon posting by Patton on the Patton Website. Your continued use of the Patton Website after Patton posts revised Terms of Use signifies your acceptance of the revised Terms of Use. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any changes. You can view the most current version of these Terms of Use by clicking here.
Acceptance of these Terms of Use
5. These Terms of Use are accepted upon your use of the Patton Website and is further affirmed upon the downloading of any content from the Patton Website. If you do not agree to be bound by these Terms of Use or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the Patton Website and discontinue use of the Patton Website immediately. If you wish to DOWNLOAD, copy or otherwise use content from the Patton Website, you must read these Terms of Use and indicate your acceptance of same during the download process.
Hard Copy Available
6. You may receive a copy of these Terms of Use by emailing Patton at: register@pattowc.com.
Eligibility
7. Representations & Warranties – In consideration of your use of the Patton Website, you represent and warrant that:
(a) you are of legal age to form a binding agreement, which in the State of Delaware is 18 years of age;
(b) you will provide true, accurate, current and complete information about yourself as prompted by the Patton registration process (such information being the "Account Information");
(c) you will maintain and promptly update the Account Information to keep it true, accurate, current and complete.
8. Patton has the right to refuse, suspend or terminate your Account and/or to refuse any and all current or future use of the Patton Website (or any portion thereof), without warning, if we believe that you are under 18 years of age and you represent yourself as 18 or older.
9. Patton has the right to refuse, suspend or terminate your Account and/or to refuse any and all current or future use of the Patton Website (or any portion thereof) if you provide any information that is untrue, inaccurate, not current or incomplete, or Patton has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.
10. Use of the Patton Website and registration to become an Account Holder is void where prohibited.
11. Use of the Patton Website and registration to become an Account Holder is confirmation of your age and acceptance of the terms and conditions as set out in these Terms of Use.
Term & Termination
12. Term – These Terms of Use, and any posted revision to these Terms of Use, shall remain in full force and effect while you use the Patton Website or are an Account Holder, and shall remain in effect even after your Account is terminated.
13. Cancellation by Account Holder – You may terminate your Account at any time, for any reason, by providing Patton with 30 days advanced notice of your desire to terminate Account. Such notice must be given via telephone or email. Cancellations shall not be acknowledged or processed if received by fax of regular mail. Your Account shall be deemed cancelled upon confirmation by Patton.
14. Cancellation by Patton – Patton may terminate your Account at any time, for any or no reason, with or without prior notice or explanation, and without liability. Patton expressly reserves the right to refuse, suspend or terminate your Account and/or deny, restrict, suspend, or terminate your access to all or any part of the Patton Website if Patton determines, in its sole discretion, that you (i) have violated these Terms of Use, (ii) pose a threat to Patton and/or its Users and/or (iii) have violated any applicable law.
Access to, and Preservation & Disclosure of Information
15. You acknowledge and expressly consent to Patton accessing, preserving, and disclosing your Account Information if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use (iii) respond to claims that you have violated the rights of third parties; (iv) respond to your requests for customer service and/or technical support; or (v) protect the rights, property, or personal safety of Patton, its Users and the public.
Privacy
16. Use of the Patton Website is governed by these Terms of Use and by Patton's Privacy Policy, which is incorporated into these Terms of Use by this reference and is an integral part of these Terms of Use.
Passwords & Security
17. When you register to become an Account Holder (i.e. when you create your Account by completing the registration process) you will be provided a "Username" and Password.
18. Upon first entry to the Patton Website, Account Holders shall be asked to choose a new, confidential Password.
19. You are solely and entirely responsible for any and all use of your Account.
20. You are solely and entirely responsible for maintaining the confidentiality of your Password.
21. You agree not to use the Account, Username or password of another User at any time and not to disclose your password to any third party.
22. You agree to notify Patton immediately if you suspect any unauthorized use of your Account or access to your password.
Usage Rules
23. General – You understand that the Patton Website uses technology that protects digital information and that use of the Patton Website and materials and Content made available by or through the Patton Website is subject to certain rules ("Usage Rules") established by Patton and its licensors and Content providers.
(a) You agree to comply with such Usage Rules, as established from time to time, and you agree not to violate, or attempt to violate any of the Usage Rules.
(b) You agree not to attempt to, or assist another person in attempting to circumvent, override, reverse engineer, decompile, disassemble or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever.
(c) You agree that the Usage Rules may be controlled and monitored by Patton for compliance purposes, and Patton reserves the right to enforce the Usage Rules with or without notice to you.
(d) You agree not to modify or attempt to modify any software provided or otherwise made available to you by Patton or any of its licensors or providers (the "Patton Software") in any manner or form, or to use modified versions of the Patton Software for any purposes including obtaining unauthorized access to the Patton Website. Violations of system or network security may result in civil or criminal liability.
(e) You agree not to modify or attempt to modify any hardware provided or otherwise available to you by Patton or any of its licensors or providers (the "Patton Hardware") in any manner or form, or to use modified versions of the Patton Hardware for any purposes including obtaining unauthorized access to the Patton Website. Violations of system or network security may result in civil or criminal liability.
(f) You agree that any unauthorized reproduction, publication, further distribution or public exhibition of the Patton Website or any content posted on or otherwise available through the Patton Website, in whole or in part, is strictly prohibited.
(g) Linking – Use of the Patton Website is governed by these Terms of Use and by Patton's Linking Policy, which is incorporated into these Terms of Use by this reference and is an integral part of these Terms of Use.
24. Rights & Limitations – Notwithstanding and without limiting the generality of any other term or condition contained in these Terms of Use, Content may be downloaded and otherwise used by Account Holders on a non-exclusive basis solely for the purpose of promoting and selling Patton products, subject to the following:
(a) Account Holders shall only use Content in the form delivered to them by Patton.
(b) No copyright, ownership or other interest in any Content shall pass to an Account Holder for any reason.
(c) Account Holders shall not assign or transfer the usage rights granted hereunder or permit any third party to have access to or use the Patton Website or Content without the Patton's express prior written consent.
(d) Content may not be re-sold, redistributed, copied, modified or altered, except as specifically provided for herein, without Patton's express prior written consent.
(e) An Account Holder MAY:
i. create one (1) back-up copy or archive of Content, as necessary for his/her/its own personal use and only as is necessary for that use. Any copy or archive must include the Content's copyright information and a reference to the source of same;
ii. use Content in all of the Account Holder's electronic media, including but not limited to the Account Holder's online advertising, newsletters, billboards, web pages and e-commerce websites and webpages; and
iii. modify and/or otherwise alter the size of Content as is necessary to accommodate the Account Holder's purposes and as otherwise permitted by these Terms of Use, provided however that the design, colour and quality of the image may not be altered or modified.
(f) An Account Holder MAY NOT:
i. transfer any rights to any Content granted by these Terms of Use;
ii. copy or reproduce Content, except as specifically provided for in subsection (e)(i);
iii. use any of Content for resale purposes, including but not limited to including Content in, on or as a book cover, t-shirt, coffee mug or any household furnishing;
iv. remove any copyright or trademark from any place it appears on the Patton Website or Content;
v. use Content as part of a trademark or service mark; and
vi. Resell, distribute or sublicense Content or the rights to use Content.
Proprietary Rights
25. Ownership – You acknowledge and expressly agree that the Patton Website and any and all content and materials (including but not limited to text, graphics, trademarks, logos, button icons, images, audio clips and Patton Software and Patton Hardware) associated with the Patton Website ("Content"), and all derivatives and other modifications thereof are and shall be owned by Patton and/or its licensors, and are protected by applicable intellectual property and other laws (including but not limited to copyright, trademark, patent, trade secret, industrial secret, and other laws) and that Patton owns and retains all other rights in and associated with the Content and to the Patton Website itself. For greater certainty, you hereby assign any and all rights you have or may have with respect to the foregoing and do hereby waive any and all moral rights in regard to same.
26. Use – Except as provided for in these Terms of Use, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based on the Patton Website or any Content, in any manner, and you shall not exploit the Patton Website or any Content in any unauthorized way whatsoever (including but not limited to, by trespass or burdening network capacity).
User Concerns
27. If you have difficulty using the Patton Website or any portion or feature thereof or have any other questions or concerns, please contact us.
Prohibited Activity - Patton's Rights
28. Patton reserves the right to investigate and take appropriate legal action against anyone who, in Patton's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
(a) criminal, tortious or other unlawful activity, including but not limited to child pornography, corruption of minors, fraud (including the fraudulent purchase of any of the Patton Website), trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, hacking, "spamming", "spimming", sending of viruses or other harmful files, infringement of intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;
(b) activity encouraging or facilitating the prohibited conduct described in subsection (a);
(c) activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
(d) circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Patton Website (including but not limited to the use of ping bots and other methods of avoiding timing disconnection);
(e) copying the code of any Patton Software, unless expressly permitted to do so;
(f) interfering with, disrupting, or creating an undue burden on the Patton Website or the networks or services connected to the Patton Website;
(g) covering or obscuring the banner advertisements on any Patton Website page via HTML/CSS or any other means;
(h) impersonating or attempting to impersonate another Account Holder, person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
(i) using any information obtained from the Patton Website in order to harass, abuse, or harm another person or entity, or attempting to do the same;
(j) using the account, Username, or Password of another Account Holder at any time or disclosing your Password to any third party or permitting any third party to access your Account;
(k) restricting or inhibiting other Users from using and/or enjoying the Internet;
(l) selling or otherwise transferring any of the Patton Website;
(m) accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Patton Website on behalf of that person; and
(n) using the Patton Website in a manner inconsistent with any and all applicable laws and regulations.
Disclaimers – Your use of the Patton Website is at your sole risk.
29. Downloaded Content and General Internet Use – ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED OR VIEWED THROUGH THE USE OF THE PATTON WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ANY DAMAGES WHICH MAY OCCUR AS A RESULT OF SAME, INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
PATTON MAKES NO WARRANTY THAT INFORMATION, SOFTWARE AND/OR OTHER MATERIAL ACCESSED OR VIEWED THROUGH THE PATTON WEBSITE WILL BE FREE OF viruses, bots, worms, or any other computer code, files or programs that MAY interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.
30. User Conduct – Patton is not responsible for the conduct, whether online or offline, of any User of the Patton Website or any user of the Internet in general.
31. Links, Websites & Resources – Patton and/or third parties may provide links to other Internet sites or resources. Inclusion of any link or resource on the Patton Website does not imply the approval or endorsement of Patton. When you access such sites or resources, you do so at your own risk. Patton has no control over third party websites and resources and such websites and resources are not necessarily investigated, monitored or checked for accuracy or completeness by Patton. You acknowledge and expressly agree that Patton is not responsible for the availability of such external sites or resources, and that Patton does not endorse and is not responsible or liable for any Content, advertising, products, opinions or other materials on, or available from or through such sites or resources. You further acknowledge and expressly agree that Patton is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
32. Technical Issues / Traffic Congestion – Patton is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Patton Website or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Patton Website.
33. Damages – Under no circumstances shall Patton be responsible for any loss or damage, including personal injury or death, resulting from use of the Patton Website, from any Content posted on or through the Patton Website, or from the conduct of any Users of the Patton Website, whether online or offline.
34. Merchantability & Particular Purposes – The Patton Website are provided "as-is" and "as available" and Patton expressly disclaims any and all warranties, representations and conditions of any kind, whether express or implied, including but not limited to any/all implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement. Patton cannot guarantee and does not promise any specific results from use of the Patton Website.
35. Advice & Information – No advice or information, whether oral or written, obtained by you from Patton or through the Patton Website shall create any new warranty, representation or condition.
36. General – PATTON MAKES NO WARRANTY THAT (i) THE Patton Website WILL MEET YOUR REQUIREMENTS, (ii) THE Patton Website WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Patton Website WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Patton Website WILL MEET YOUR EXPECTATIONS, OR THAT (v) THAT ANY ERRORS IN THE Patton Website WILL BE CORRECTED.
37. YOU UNDERSTAND AND EXPRESSLY AGREE THAT IN NO EVENT SHALL Patton (OR IT'S AFFILIATES, LICENSORS, CONTRACTORS AND THEIR RESPECTIVE EMPLOYEES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFIT , GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Patton HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE Patton Website OR OTHERWISE ACCESS THE INTERNET OR ANY PART THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PATTON WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PATTON WEBSITE; third party software or hardware installed by Customers; spyware, malware or viruses contracted from using the Internet or otherwise through the Patton Website; OR (v) ANY OTHER MATTER RELATING TO THE Patton Website.
38. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PATTON'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID. IF ANY, BY YOU TO PATTON IN CONNECTION WITH THE PATTON WEBSITE, LESS AMOUNTS PAID FOR ANY PRODUCTS OR SERVICES ALREADY RECEIVED.
Jurisdictional Exclusions & Limitations
39. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 29 TO 39, INCLUSIVE, MAY NOT APPLY TO YOU.
International Use:
40. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside.
Disputes – Governing Law, Jurisdiction & Attornment:
41. These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Delaware and the federal laws of the United States of America where applicable, without regard to its conflict of law provisions. You expressly agree to submit to the exclusive jurisdiction of the courts located within the State of Delaware to resolve any dispute arising out of these Terms of Use or the use of the Patton Website.
YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR TO PARTICIPATE IN CLASS PROCEEDINGS IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THESE TERMS OF USE.
Indemnity
42. You agree to indemnify and hold Patton and its employees, subsidiaries, affiliates, directors, officers, agents, partners, licensors and their respective employees harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Patton Website, your connection to the Patton Website, your violation of these Terms of Use, or your violation of any rights of another.
No Resale
43. Except as otherwise expressly permitted on the Patton Website, you agree not to reproduce, duplicate, copy, sell, trade, or exploit for any commercial purposes, the Patton Website or any portion thereof (including any and all Content available for download), use of the Patton Website, or access to the Patton Website.
General
44. Independent Legal Advice – You acknowledge having read, understood and agreed with all of the provisions of these Terms of Use and have signed it of your own free will and without any form of duress being exerted upon any of them by the others, and each acknowledge having had the opportunity to obtain independent legal advice with respect to it and that they have each either received or expressly waived same.
45. Language – You agree that these Terms of Use and any of its accessories, including notice, be written in the English language. / Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais.
46. Waiver – Patton shall not be deemed to have waived the exercise of any right that it holds under these Terms of Use, at law or in equity, unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise or non-exercise of any such right is to be deemed to be a waiver with respect to any other instance involving the exercise or non-exercise of the right or with respect to any other such right.
47. Severability – In the event any provision of these Terms of Use, as amended from time to time, is deemed invalid or void, in whole or in part, by any court of competent jurisdiction, such invalidity or unenforceability attaches only to such provision or part thereof and the remaining terms and provisions of these Terms of Use remain in full force and effect.
48. Statute of Limitations - 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 Patton Website or related to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Acknowledgement / Entire Agreement
49. You ACKNOWLEDGE and expressly agree that you have read THESE TERMS OF USE, understand it and agree further to be bound by its terms and conditions, as amended from time to time. Further, You ACKNOWLEDGE and expressly agree that this instrument is the complete and exclusive statement of the agreement between you and Patton, which supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject-matter of THESE TERMS OF USE.
Please CONTACT PATTON if you have any questions, comments or concerns regarding these Terms of Use.