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Terms of Service

Terms of Use

Welcome to www.jm-textiles.com. This Site is provided and owned by Joseph Milner Textiles (“JM TEXTILES” “we,” “us” and “our”). The following Terms of Use are the basic terms and conditions that govern your use of this Site. Please note that your use of this Site constitutes your agreement to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, please exit this Site immediately and do not use this Site.

These Terms of Use May Change

We reserve the right to update or modify these Terms of Use, at any time and without prior notice by posting the revised version of these Terms of Use on this Site. These changes will be effective as of the date we post the revised version of these Terms of Use on this Site. Your use of this Site following any such change constitutes your agreement to be bound by the revised Terms of Use.

Unless the change is a minor change (such as a change in our contact information) or a non-substantive change (such as a clarification or reformatting of this Privacy Policy), to alert you to these changes, we will provide a notice at the top of these Terms of Use for at least 30 days after the new effective date and highlight the changes so that you can locate them easily.

You may access the current version of these Terms of Use at any time by clicking on the Menu icon and selecting the “Terms of Use” link.

Ownership, Copyright, and Trademark Matters

This Site and all of its content, including, for example, all of the text, images, illustrations, graphics, audio clips, and video clips, are protected under trademark, trade dress, copyright and other intellectual property laws and all of the rights in the Site and its content are owned by JM TEXTILES, its affiliates, its licensors and other third parties. The entire content of this Site is copyrighted as a collective work under U.S. and international copyright laws and treaties, and JM TEXTILES owns the copyright in the selections, coordination, arrangement and enhancement of the content.

Unless specifically authorized on certain pages of the Site, you may not, under any circumstances, (a) decompile, reverse engineer, or disassemble the any part of this Site or its content; or (b) remove any copyright, trademark registration, or other proprietary notices from the information.

The trademarks and service marks used or displayed on this Site (“Trademarks”) are registered and unregistered trademarks of JM TEXTILES or third parties. Nothing on this Site may be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the Site without the prior express written permission of JM TEXTILES or the trademark owner.

You hereby indemnify JM TEXTILES, its affiliates and their respective directors, officers, managers, members and shareholders and hold them harmless against all loss, liability, damage or expense of whatsoever nature which they or any third party may suffer which arises out of or is in connection with, whether directly or indirectly, your use or misuse of the Site.

Privacy Notice

Our Privacy Policy is part of and is incorporated in these Terms of Use. If you have not already reviewed the Privacy Policy, please take a few minutes to do so.

Your Comments, Product Reviews and Other Submissions

We welcome your comments regarding this Site. Please note, however, any comments, submissions, orders, or other communications (collectively, “Comments”) sent to us shall be and remain the exclusive property of JM TEXTILES. Your submission of Comments will constitute an assignment to JM TEXTILES of all worldwide rights, title and interests in all copyrights and other intellectual property rights in the Comments.

JM TEXTILES will be entitled to copy, disclose, display or perform publicly, improve and modify any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. JM TEXTILES will also be entitled to reduce to practice, use, and improve upon any ideas or inventions that you submit to us in any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information, product ideas, inventions, or original artwork.

We reserve the right to edit submissions presented by users, but we do not take responsibility for the truth or accuracy of the Comments, nor do we take responsibility if the Comments we publish are deemed objectionable or offensive by certain individuals or entities.

Your Registration

You are responsible for maintaining the confidentiality of information that could be used to access your account such as username and password, and you agree to accept all responsibility for all activities performed using your username and password. You are responsible for restricting access to your computer and not using public computers to access your account.

Product Details

Description. We cannot assure you all of the product information displayed on the Site is 100% accurate. The actual item should be considered the authoritative source of all information with respect to the item.

Color. Colors are represented as realistically as possible, but color variations of product images or color swatches are outside of our control because software, hardware and Internet connections can alter the appearance of colors.

Corrections. The information published on this Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order). These errors, inaccuracies or omissions may be related to product description, pricing and availability. If we discover that pricing information posted on our Site is incorrect, we reserve the right not to fill orders at the incorrect price. We apologize for any inconvenience this may cause.

Sample Orders

All orders of product made through this Site shall be governed by and subject to JM Textiles’ warranty in effect at the time of the order.

Images and Swatchboards

Users who register on the Site can create, print, download or email swatchboards, and can share a link to the swatchboard. Users who choose not to register can do all of the above, but are not able to share a link to a swatchboard. You may upload images to create swatchboards. If you upload an image, you acknowledge you have the right to do so. We grant you a limited, non-exclusive, non-transferable, and revocable license to use images on our Site to create swatchboards. We will store these images and swatchboards for your use, subject to space limitations. The space we allocate for a user’s images and swatchboards may change – please check these Terms and Conditions regularly for notice. We reserve the right to remove any file we believe may pose a threat to our network, remove any image we believe is offensive, inappropriate, or infringes on another’s rights, and discontinue your use of the Site.

Disclaimers

THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, JM TEXTILES AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, ITS CONTENTS, AND THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JM TEXTILES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) WITH RESPECT TO ANY MERCHANDISE OFFERED ON THIS SITE (THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED); (C) RELATING TO THE SECURITY OF THE SITE; (D) THAT THE INFORMATION ON THIS SITE, INCLUDING PRODUCT DESCRIPTIONS, IS ACCURATE, COMPLETE OR CURRENT OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR (E) THAT THE CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF WARRANTIES SET FORTH ABOVE, SO THIS LIMITATION OF WARRANTIES MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES, SHALL JM TEXTILES OR ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, OR INDEPENDENT CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, ANY CONTENT PUBLISHED ON THIS SITE (INCLUDING PRODUCT DESCRIPTIONS AND REVIEWS), OR ANY SERVICES PROVIDED OR PURCHASED THROUGH THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HBF TEXTILES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF JM TEXTILES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWENTY FIVE DOLLARS ($25.00).

BY USING THE SITE, JM TEXTILES PRODUCTS, OR SERVICES, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO THE TERMS AND CONDITIONS STATED HERE.

Links to Web Sites Operated by Third Parties

This Site may provide links to web sites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their web sites. We do not assume any responsibility or liability for the actions, products, and content of any such web sites. Before you use any web site you should review the applicable terms of use and policies. The inclusion of a link in this Site does not imply our endorsement of the web site. If you decide to access linked third-party web sites, you do so at your own risk.

Interruptions

Electronic communication and the Internet are inherently unstable and prone to interruptions and failure. This Site will be subject to both scheduled and ad hoc maintenance and updates which may lead to interruptions in the delivery of the content of the Site. JM TEXTILES does not warrant, guarantee or represent that the information service will be provided uninterrupted, without failures or error-free.

Interpretation

As used in these Terms of Use, the term “including” means “including, but not limited to.”

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by JM TEXTILES of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction and Venue

These Terms of Use shall be governed under the laws of the State of Iowa, without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in Iowa. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Entire Agreement

These Terms of Use contains the entire understanding and agreement between your and JM TEXTILES with respect to your use of this Site, and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and JM TEXTILES with respect to this Site.

Questions Concerning These Terms of Use

Please contact us at 312-701-3680 if you have questions or comments about these Terms of Use.

Effective Date

These Terms of Use are effective as of 20/9/12

Privacy Policy
Scope of This Privacy Policy

Thank you for visiting www.jm-textiles.com (the “Site”). This Privacy Policy describes how Joseph Milner Textiles (“JM TEXTILES”) protects your privacy when you use the Site. This Privacy Policy is incorporated by reference and is part of JM TEXTILES Terms of Use. If you have not already reviewed the Terms of Use, please take a few minutes to do so.

Your Consent to This Privacy Policy

By using the Site, you are agreeing to the collection, use, and disclosure of your personal information as described in this Privacy Policy. If you do not consent to the collection, use, and disclosure of your personal information as described in this Privacy Policy, you may not use the Site.

Privacy Notices

This Privacy Policy may be supplemented or amended from time to time by “Privacy Notices” posted on specific areas of the Site. For example, certain pages of the Site contain Privacy Notices providing details about the personal information we collect on those pages, why we need that information, and choices you may have about the ways we use that information. Information You Provide to Us. We collect the personal information you knowingly and voluntarily provide when you use the Site, for example, the information you provide when you:

Personal information collected on the Site includes, but is not limited to, your name, mailing address, images you upload and their location data, comments, email address, and other information you provide us.

Information Sent to Us by Your Web Browser. We collect information sent to us automatically by your web browser, such as cookies. Please check your browser if you want to learn what information your browser sends or how to change your settings. The information provided by your browser does not identify you personally. If, however, you have registered as a User of the Site, or if you access the Site by clicking on a link in an e-mail we have sent you, we may link the information provided by your browser to information that identifies you personally.

We use these cookies to collect statistical information about the ways visitors use the Site – which pages they visit, which links they use, and how long they stay on each page. We analyze this information in statistical form to better understand our visitors’ interests and needs and to improve the content and functionality of the Site.

Information We Collect Using Web Beacons. In addition to cookies, we may also use “web beacons” and other web technologies to manage the Site and email. A web beacon is a small bit of computer code. Web beacons may be used to count how many people visit a web page or tell us whether an email has been opened. We may link the information we collect using web beacons and other web technologies to information that identifies you personally.

How We Use Your Personal Information

We may use the personal information you provide to us:

Please read further to learn more about the ways we use personal information we collect from you in specific situations.

Information provided to us when you register as a User. When you register as a User, you submit certain personal information so that we can provide you a personalized experience on the Site. We collect and store this personal and transactional information in our database. This information is used for ordering, to respond to your requests, and track and inform JM TEXTILES of sales and trends. We may also use your personal information to send you other information.

Sharing Personal Information We Collect Through the Sit

We may share the personal information we collect through the Site as described below and in any applicable Privacy Notices.

Our Service Providers. We may share personal information collected through the Site with companies and organizations that perform services on our behalf, for example, companies that provide support services to us (such as data storage and web hosting services) or that help us market our products and administer our services. When we share personal information with our third-party service providers, these service providers are required to use the personal information we share with them only to perform services on our behalf and to protect the confidentiality of your personal information.

Our Affiliates. We may share personal information collected through the Site with affiliates of JM TEXTILES.

Business Transfers. Information submitted to the Site is an asset of JM TEXTILES and/or its affiliates and will become part of our normal business records. Your personal information may be transferred to another company (either an affiliate or an unrelated third party) that acquires the stock or assets of HNI, one of our affiliates, or one of our operating divisions.

Government and Legal Disclosures. We may disclose the personal information we collect through the Site when we believe disclosure is appropriate to comply with the law (or a court order or subpoena); to prevent or investigate a possible crime, such as fraud or identity theft; to enforce the Terms of Use or other agreements that govern your use of the Site; to protect the rights, property or safety of JM TEXTILES and its affiliates; our users or others; or to protect your vital interests.

Secure Registering

If you register with the Site, you will create a password and log in using that password each time you return. You are responsible for maintaining the confidentiality of your password. We have the right to assume that anyone accessing the Site using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing the Site using a password assigned to you, even if the individual is not, in fact authorized by you. If you have reason to believe that your password may have been compromised or used without authorization, you agree to notify us promptly by sending us an e-mail at info@jm-textiles.com, or calling us at 312-701-3680, or writing us at: JM TEXTILES, 719 S Los Angeles St Floor 3, Los Angeles CA 90014.

We take reasonable precautions to provide a level of security appropriate to the sensitivity of the personal information we collect. For example, the Site uses Secure Sockets Layering (SSL) to encrypt your personal information before it travels over the Internet. SSL technology is the industry standard for secure online transactions.

Privacy Policy Changes

We reserve the right to change this Privacy Policy and any Privacy Notice, by posting the revised version of this Privacy Policy on the Site. These changes will only apply to personal information we collect after we have posted the revised Privacy Policy on the Site. Your use of the Site following any such change constitutes your agreement that all personal information collected from or about you through the Site after the revised Privacy Policy is posted will be subject to the terms of the revised Privacy Policy.

Unless the change is a minor change (such as a change in our contact information) or a non-substantive change (such as a clarification or reformatting of this Privacy Policy), to alert you to these changes, we will provide a notice at the top of this Privacy Policy for at least 30 days after the new effective date and highlight the changes so that you can locate them easily.

From time to time, for example, because of changes in the law or technology or the way we operate our business, we may ask your permission to use the personal information we have collected from you in new or different ways. We will do this by sending you a notice by e-mail or postal mail at the last e-mail or postal address you provided us, asking you to agree to the change. If you do not expressly agree to the change, we may, at our discretion, delete all or some of your personal information from our databases to avoid using your information in ways to which you have not consented.

You may access the current version of this Privacy Policy at any time by clicking on the Menu icon and selecting the “Privacy Policy” link.

Links to Third Party Web sites

Our Site may contain links to web sites that are not operated by JM TEXTILES. These links are provided for your reference and convenience only and do not imply any endorsement of the activities of these third party web sites. JM TEXTILES does not control these web sites and is not responsible for their data practices. We urge you to review the privacy policy posted on any web site you visit before using the web site or providing any personal information about yourself.

Children’s Privacy

The Site is not directed at nor targeted to children under the age of 13. We do not use the Site to knowingly solicit personal information from or market to children under the age of 13. If you are under the age of 13, do not provide us with any personal information. If we learn that someone under 13 has provided personal information to the Site, we will use reasonable efforts to remove such information from our databases.

Governing Law

This Privacy Policy is part of our Terms and Conditions and, as such, shall be governed under the laws of the State of Iowa, without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to this Privacy Policy shall be venued exclusively in state or federal court in Iowa. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Questions & Comments

We welcome your questions and comments regarding this Privacy Policy. Please contact us at 312-701-3680 if you have questions or comments about this Privacy Policy.

Dated: 3/4/13