Terms and Condition of Use

Last Revised: January 1, 2015

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

When you use www.shalimaryarns.com or www.shalimaryarn.com (“Site”), you are automatically agreeing that your access to the web site and your use or any services is subject to the terms and conditions in this legal notice and all applicable laws.

 

These Terms May Change: Shalimar Yarns reserves the right to change or modify these Terms of Use or any policy or guideline of this Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Site. If you do not agree to the amended terms, you must stop using the Site.

 

Product Sales and Availability: Shalimar Yarns reserves the right without prior notice to discontinue or change specifications on products and services offered on the Site without incurring any obligations. Please refer to our Returns & Exchanges policy for additional information that applies to purchases made through this site.

 

Site Disclaimer: The materials and information on this Site may include technical inaccuracies or typographical errors. The materials, information and services on this Site are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Shalimar Yarns disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to this Site and the information, content and materials contained therein.

 

Copyright and Limited License: Unless otherwise indicated, this Site and all content and other materials therein, including, without limitation, Shalimar Yarns logo and tagline and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Shalimar Yarns or its licensors or users and are protected by U.S. and international copyright laws.

 

You are granted a limited, non-sublicensable license to access and use this Site and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of this Site or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of this Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of this Site, the Site Materials or any information contained therein, except as expressly permitted on this Site; or (g) any use of this Site or the Site Materials other than for its intended purpose. Any use of this Site or Site Materials other than as specifically authorized herein, without the prior written permission of Shalimar Yarns, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

 

If you believe any material available via this Site infringes a copyright you own or control, you may file a notification of such infringement as set forth below:


Shalimar Yarns
Infringement Notice
5917 Boyers Mill Road
New Market, MD 21774

Trademark Information: Shalimar Yarns logo and tagline are trademarks and the sole property of Shalimar Yarns.

 

Restrictions on Use: This Site may include interactive areas in which you or other users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, links or other items or materials on this Site (“User Content”). By using this Site, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through this Site any of the following:

a. “Sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);

 

b. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens Shalimar Yarns employees, partners, customers or suppliers;

 

c. User content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and produce such User Content;

 

d. User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;

 

e. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;

 

f. User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;

 

g. Viruses, spyware, Trojan horses, Easter eggs or any other harmful, disruptive or destructive files; and

 

h. User Content that, in the sole judgment of Shalimar Yarns, is objectionable, restricts or inhibits any other person from using or enjoying this Site or which damages the image or rights of Shalimar yarns, other users or third parties.

 

Shalimar Yarns does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Shalimar Yarns liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of this Site and agree to use the interactive areas at your own risk.

 

If you become aware of User Content that you believe violates these Terms of Use you may report it by email to Paul@shalimaryarns.com. Enforcement of these Terms of Use, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms of Use in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation or promise that this Site will not contain any content that is prohibited by these Terms of Use. Although Shalimar Yarns has no obligation to screen, edit or monitor any of the User Content posted on this Site, Shalimar yarns reserves the right, and has absolute discretion, to remove, screen or edit any User Content on this Site at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on this Site at your sole cost and expense.

 

Submission of Ideas: Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, patterns, original or creative materials or other information (collectively, “Ideas”). Ideas, whether posted to this Site or provided to Shalimar Yarns by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. Shalimar yarns shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.

 

Links to Other Sites: The Web site may contain links to or from other Web sites. Please be aware that Shalimar Yarns is not responsible nor does it have any control over the operations or privacy policies of these Web sites. This Privacy Policy applies only to the information collected on www.shalimaryarns.com.

 

Third Party Content: Shalimar Yarns may provide third party content on this Site and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Shalimar Yarns is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.

 

Advertisements and Promotions: Third-Party Products and Services: Shalimar Yarns may display advertisements and promotions from third parties on this Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Shalimar Yarns is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non- Shalimar Yarns advertisers/partners or third party information on the Sites.

 

Limitation on Liability: To the maximum extent permitted by applicable law, Shalimar Yarns and its officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use this Site, the content or the materials contained in or accessed through this Site, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Shalimar Yarns, or that result from mistakes, omissions, interruptions, deletion of files or email, 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 Shalimar Yarns records, programs or services. In no event shall the aggregate liability of Shalimar Yarns, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use this Site exceed any compensation you pay, if any, to Shalimar Yarns for access to or use of this Site. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.

 

Indemnification: You agree to defend, indemnify and hold harmless Shalimar Yarns, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of this Site; (b) any User Content or Ideas you provide; (c) your violation of these Terms of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Sites.

 

Modifications to the Sites: Shalimar Yarns reserves the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice. You agree that Shalimar Yarns will not be liable for any modification, suspension or discontinuance of this Site or any part thereof.

 

Jurisdiction and Compliance with Laws: Access to and use of this Site and these Terms of Use are governed by U. S. federal law and/or the laws of the State of Maryland, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Sites or these Terms of Use shall be instituted only in a state or federal court located in Frederick County, Maryland. You and Shalimar Yarns agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

 

Termination: Notwithstanding any of these Terms of Use, Shalimar Yarns reserves the right, without notice and in its sole discretion, to terminate your license to use this Site and to block or prevent your future access to, and use of, this Site.

Severability: If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Consent to Email Communication: When you visit this Site, or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Site.

 

Contact Us: Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described this Site.

You may contact us at:
Shalimar Yarns
Customer Care Team
5917 Boyers Mill Road
New Market, MD 21774

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