Larson-Juhl Web Site Terms & Conditions

 
All use of Larson-Juhl’s (“Larson-Juhl”) World Wide Web pages located at www.larsonjuhl.com (the “Larson-Juhl Web Site”) is subject to the terms and conditions set forth below (“Terms”), provided however that other terms of use shall apply with respect to Larson-Juhl’s affiliates' websites, as specified on each such website. Any use of such web pages constitutes your agreement to abide by the Terms.  Please do not use the Larson-Juhl Web Site if you do not want to be bound by these Terms.  If you do not agree with these Terms and do not wish to be bound by them, please exit the Larson-Juhl Web Site and not use the Larson-Juhl Web Site in the future.
 
Larson-Juhl may, at any time, modify, change, or add to these Terms, and any such modifications will be effective immediately upon posting on the Larson-Juhl Web Site.  Your continued use of the Larson-Juhl Web Site following the posting of these changes to these Terms signifies your acceptance of those changes.
 
PRIVACY
 
Please review our Privacy Statement, which also governs your visit to the Larson-Juhl Web Site, to understand our policies with respect to information that we may collect from you when you use the Larson-Juhl Web Site.
 
ELECTRONIC COMMUNICATIONS
When you visit Larson-Juhl Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
 
OWNERSHIP OF THE RESEARCH PORTAL AND COPYRIGHT
 
The Larson-Juhl Web Site and all of the content (including, but not limited to, text, graphics, pictures, audio, video clips, logos, buttons, images, downloads, data compilations, software, icons, html and xml code) provided on this site (the “Larson-Juhl Content”), as well as copyright, trademark, and other rights therein, are owned by or licensed to Larson-Juhl and/or its affiliates and are protected by United States and international intellectual property laws.  Larson-Juhl and its licensors retain all proprietary rights to the Larson-Juhl Content.  The Larson-Juhl Content may not be reproduced, transmitted or distributed without the prior written consent of Larson-Juhl.
 
TRADEMARKS
 
All trademarks, service marks, trade names, logos and graphics (“Marks”) indicated on this site are registered trademarks of Larson-Juhl and/or its affiliates, or are licensed by Larson-Juhl and/or its affiliates, in the United States and other countries.  You may not make any use of the Marks without the prior written consent of Larson-Juhl.
 
LICENSE AND SITE ACCESS
 
Larson-Juhl grants you a limited, nonexclusive, nontransferable, personal license to access, view, store, download, and use the Larson-Juhl Web Site, subject to the Terms, for personal, non-commercial purposes.  This site and any portion hereof may not be reproduced, duplicated, copied, downloaded, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Larson-Juhl.  You may not frame or utilize framing techniques to enclose the Larson-Juhl Web Site, any of the Marks, the Larson-Juhl Content, or other proprietary information (including images, text, page layout and form) of Larson-Juhl and/or its affiliates without the express written consent of Larson-Juhl.  You may not use any meta tags or any other “hidden text” utilizing Larson-Juhl's name or Marks without the express written consent of Larson-Juhl.
 
Larson-Juhl reserves the right, in its sole discretion, to suspend, discontinue, modify, or deny the use and availability of the Larson-Juhl Web Site, or any portion therein, at any time without notification.
 
Larson-Juhl reserves the right to make changes to documents, content, or other information on the Larson-Juhl Web Site without obligation to notify any person of such changes.

Larson-Juhl may alter, suspend, or discontinue Larson-Juhl Web Site at any time for any reason, without notice or cost.  The Larson-Juhl Web Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
 
YOUR USE OF THE LARSON-JUHL WEB SITE AND ITS CONTENT
 
Your use of the Larson-Juhl Web Site is limited to your personal use only.  Any further use by you of the Larson-Juhl Web Site is expressly prohibited.  Without limiting the foregoing, you shall not disclose any of the Larson-Juhl Content to any third-party without Larson-Juhl’s express written consent.  You are responsible for ensuring the security and confidentiality of your user ID and passwords if applicable.  You will be responsible for any unauthorized use of the Larson-Juhl Web Site via such user IDs or passwords. 
 
You may not use the Larson-Juhl Web Site for any unlawful purpose, or for any purpose that is not expressly authorized by these Terms.  If the Larson-Juhl Web Site allows or authorizes you to upload materials, you may not upload or transmit materials that are illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin information provided.  Also, you may not interfere or attempt to interfere with the proper operation of the Larson-Juhl Web Site, including through the use of any device, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Larson-Juhl Web Site through hacking, password mining, or any other means.  Any unauthorized use of the Larson-Juhl Web Site automatically terminates the license granted hereunder by Larson-Juhl.
 
In addition, you agree not to: (i) access, monitor or copy any content or information of the Larson-Juhl Web Site using any data mining, robots, spiders, scrapers or similar data gathering and extraction tools or any manual process for any purpose without our express written permission; (ii) violate the restrictions in any robot exclusion headers on the Larson-Juhl Web Site or bypass or circumvent other measures employed to prevent or limit access to the Larson-Juhl Web Site; (iii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our  infrastructure; or (iv)   deep-link to any portion of the Larson-Juhl Web Site for any purpose without our express written permission.
 
MOBILE USAGE
 
Mobile usage of the Larson-Juhl Web Site requires a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Larson-Juhl Web Site, including without limitation, administrative messages, service announcements, diagnostic data reports, and site updates, from Larson-Juhl, your mobile carrier or third party service provider. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the site. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the site, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the site.
 
ERRORS AND INACCURACIES
 
Larson-Juhl makes a conscientious effort to describe and display its products and services accurately on the Larson-Juhl Web Site. Despite these efforts, a small number of items on the site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Larson-Juhl reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience.
 
Larson-Juhl strives to display as accurately as possible the colors of the products shown on the site; however, Larson-Juhl cannot and does not guarantee that your monitor’s display of any color will be accurate.
 
 
INDEMNIFICATION

By using the Larson-Juhl Web Site, you agree to indemnify, hold harmless, and defend Larson-Juhl and its officers, directors, members, managers, employees, agents, affiliates, suppliers, licensors, successors, and assigns from and against any and all claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, reasonable attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Larson-Juhl Web Site in violation of these Terms.
 
DISCLAIMER OF WARRANTIES
 
THE LARSON-JUHL WEB SITE AND ALL DOCUMENTS AND INFORMATION PROVIDED THEREON AND THEREIN, INCLUDING, WITHOUT LIMITATION, THE LARSON-JUHL CONTENT, IS PROVIDED BY LARSON-JUHL ON AN “AS IS” AND “AS AVAILABLE” BASIS.  LARSON-JUHL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR NON-STATUTORY, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.  SPECIFICALLY, BUT WITHOUT LIMITATION, LARSON-JUHL AND ITS LICENSORS DO NOT WARRANT THAT: (i) THE INFORMATION ON THE LARSON-JUHL WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THE LARSON-JUHL WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE LARSON-JUHL WEB SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
 
LIMITATION OF LIABILITY
 
YOU EXPRESSLY AGREE THAT YOUR USE OF THE LARSON-JUHL WEB SITE IS AT YOUR SOLE RISK.  UNDER NO CIRCUMSTANCES SHALL LARSON-JUHL, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, OR ITS SUPPLIERS OF DATA, SOFTWARE, OR OTHER SERVICES (THE “LARSON-JUHL SUPPLIERS”), BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE LARSON-JUHL WEB SITE OR THE INFORMATION CONTAINED ON THE LARSON-JUHL WEB SITE, INCLUDING, WITHOUT LIMITATION, THE LARSON-JUHL CONTENT, EVEN IF LARSON-JUHL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
It is your responsibility to ascertain whether any information downloaded from the Larson-Juhl Web Site is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.
 
INTENDED THIRD-PARTY BENEFICIARY

You acknowledge and agree that each of Larson-Juhl’s licensors and each of the Larson-Juhl Suppliers are intended third-party beneficiaries to these Terms.
 
LINKS TO THIRD-PARTY WEB SITES
 
The Larson-Juhl Web Site may contain links to non-Larson-Juhl web sites. Any such links are provided to you as a convenience only, and Larson-Juhl is not responsible for the content of any linked web site.  Any outside web site accessed from the Larson-Juhl web site is independent from Larson-Juhl, and Larson-Juhl has no control over the content of that web site.  In addition, a link to any non-Larson-Juhl web site does not imply that Larson-Juhl endorses or accepts any responsibility for the content or use of such a website.
 
GOVERNING LAW AND JURISDICTION

These Terms, and all matters arising directly or indirectly from your access to or other use of the Larson-Juhl Web Site, shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules.  You hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of Georgia, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.  A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SEVERABILITY

If any provision of these Terms is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of these Terms, and that provision and these Terms generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in these Terms.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Larson-Juhl with respect to the Larson-Juhl Web Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Larson-Juhl with respect to the Larson-Juhl Web Site.