Terms of Use

Terms of use applicable to www.themarais.com (“The Marais Site”).  Your use of the Marais Site constitutes your agreement to follow these Terms of Use and to be bound by them (referred to herein as “Terms of Use”).  These Terms of Use incorporates by reference the terms and conditions of the Privacy Policy posted of The Marais Site.

The Marais Site is owned and controlled by The Marais.

By using The Marais Site, you acknowledge that you have reviewed to your full satisfaction and understood these Terms of Use and The Marais Privacy Policy, and you accept and are subject to these Terms of Use and The Marais Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE MARAIS PRIVACY POLICY, DO NOT USE THE MARAIS SITE. If you breach any of the Terms of Use, your authorization to use The Marais Site automatically terminates, and you must immediately cease using any downloaded or printed materials. The Marais reserves the right to change the Terms of Use by posting new Terms of Use and by changing the “Effective Date” at the end of the Terms of Use.  Your use of The Marais Site is subject to the version of the Terms of Use posted here at the time of such use.

INTELLECTUAL PROPERTY RIGHTS 

Please be aware that as you visit and navigate The Marais Site, your use is subject to applicable laws governing ownership and use of intellectual property, including our trademarks, copyrights, text, images, video clips, graphics, logos, icons photographs and/or other intellectual property in such materials (collectively, “the Intellectual Property”). You may not use any of the Intellectual Property without our prior written permission. Trademarks or trade dress include, but are not limited to, The Marais name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of The Marais’ products, services, and programs. Any other trademarks that appear on The Marais Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

The products, prints, patterns, designs, text, graphics, logos, button icons, images, digital downloads, and data compilations appearing on The Marais Site, are owned or licensed by The Marais and are protected by US and foreign copyright laws. You may electronically copy and/or print "hard copies" from The Marais Site solely for personal, non-commercial purposes related to placing an order or shopping on The Marais Site. Any other use of any content included on The Marais Site, including linking or framing to The Marais Site, is strictly prohibited unless you first obtain our prior written consent.

If any party or user misappropriates or uses the Intellectual Property without the express written consent of The Marias, The Marais may pursue any and all injunctive, equitable, and monetary damages permitted under the law to protect and enforce its rights. Any and all users of The Marais Site agree that if they use or misappropriate any of the Intellectual Property without our express written consent, The Marais shall receive legal fees and costs for protecting and enforcing its rights.

 

DISCLAIMERS AND LIMITATION OF LIABILITY 

Your use of The Marais Site is exclusively at your own risk.

PRODUCTS AND SERVICES THAT ARE PROVIDED THROUGH THE MARAIS SITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." TO THE FURTHEST EXTENT PERMITTED BY LAW, THE MARAIS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH THE MARAIS HEREBY EXPRESSLY DISCLAIMS. THE MARAIS DOES NOT GUARANTEE THAT YOUR ACCESS TO THE MARAIS SITE WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE MARAIS SITE WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. THE MARAIS WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE.

The Materials on The Marais Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. The Marais may also make improvements and/or changes to, or remove any Materials at any time without notice. Notwithstanding the foregoing, The Marais assumes no obligation to update any information or the Materials hosted on The Marais Site.

The Marais makes no representations whatsoever about any other website which you may access through The Marais Site. When you access a non-The Marais website, please understand that it is independent from The Marais, and that The Marais has no control over the content on that website.  In addition, a link to a non-The Marais website does not mean that The Marais endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT WILL THE MARAIS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY THE MARAIS SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

WITHOUT LIMITING THE FOREGOING, THE MARAIS EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR DOWNLOAD MATERIALS FROM ANY THE MARAIS SITE OR ANY HYPERLINKED WEBSITE. 

NON-PROPRIETARY AND NON-CONFIDENTIAL TREATMENT OF INFORMATION YOU PROVIDE. 

Except for information necessary to place an order, The Marais does not want to receive confidential or proprietary information from you through any The Marais Site. We recommend that you do not transmit confidential information to us via The Marais Site.

By sending The Marais any information or material through a The Marais Site, you grant The Marais an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that The Marais is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

LINKS TO THIRD PARTY SITES 

The Marais Site may contain links to other websites or frame information from other websites that are not under the control of The Marais. The Marais is providing these links and/or frames to you only as a convenience.

THE MARAIS MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEBSITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEBSITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER SITES LINKED FROM A THE MARAIS SITE MAY BE MATERIALLY DIFFERENT THAN OUR TERMS OF USE, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION AND WITH RESPECT TO THE USE OF PROPRIETARY INFORMATION POSTED ON THAT SITE.

GUEST BLOGGERS 

The Marais Site may contain views and opinions of invited guest bloggers who are not affiliated or associated with The Marais. The views or opinions of such guest bloggers are his/her own, and do not necessarily reflect the views, opinion, choices, or input of The Marais. Links to the guest bloggers are provided for convenience only. The Marais does not endorse or sponsor guest bloggers or their services or opinions in any way.

COMPLIANCE WITH LAW 

You shall not use and/or access any The Marais Site or the Materials in any manner that will violate any applicable local, state, national, international or foreign law, including, but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents. You agree not to impersonate another person in your use of any The Marais Site or the sending of any e-mail to an address listed on any The Marais Site. You may not use any The Marais Site in any manner that could damage, disable, overburden or impair The Marais Site, interfere with any other party’s use and enjoyment of any The Marais Site or compromise the integrity of, or otherwise modify, the Materials.

INDEMNITY 

You agree to defend, indemnify and hold The Marais, its members, employees, and authors of the Materials, harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms of Use by you or in connection with your use of any The Marais Site or the Materials.

INTENDED AUDIENCE 

The Marais Site are intended for adult individuals only. The Marais does not target children under the age of 18 and does not seek to collect any personally identifiable information about children under the age of 18. We encourage and support the efforts of parents and legal guardians of children to monitor their children’s internet usage and to caution them against providing personally identifiable information to any website over the Internet without permission.

CHOICE OF LAWS; CHOICE OF VENUE 

The Marais Site (excluding any linked websites) are controlled by The Marais from its offices within the State of Connecticut, United States. You agree and acknowledge that your use of any The Marais Site, and all transactions occurring in connection with such sites, shall be deemed to have occurred and taken place solely in the State of Connecticut, United States. Further, you agree that all matters relating to access to, or use of, any The Marais Site, shall be governed by the laws of the State of Connecticut and the laws of the United States of America, without regard to the conflicts of laws principles. You also agree that any claim or cause of action arising out of or in any way relating to The Marais Site or your use thereof will be brought and maintained exclusively in the state or federal courts located in Fairfield County, Connecticut. By using any The Marais Site you agree to submit to the personal jurisdiction of any court located in Fairfield County, Connecticut, and agree to waive any and all objections to the exercise of jurisdiction over you by any such court and to venue in such courts.

SEVERABILITY; WAIVER; ENTIRE AGREEMENT 

If any provision of the Terms of Use is invalid or unenforceable under applicable law, then it shall be, to the extent invalid or unenforceable, deemed omitted and the remaining provisions will continue in full force and effect. No waiver shall be deemed a continuing waiver or a waiver of any other term.

Unless specifically provided herein, the Terms of Use constitute the entire agreement between you and The Marais with respect to your use of any The Marais Site or the Materials. These Terms of Use shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written, between the parties in respect of your use of any The Marais Site or the Materials.

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 any The Marais Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

TERMINATION

You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of The Marais Site or of the networks connected to the Marais Site, and to abide by all security policies adopted by The Marais. You acknowledge and agree that, for security purposes, The Marais may monitor your account and your access to and use of The Marais Site.

Your license to access and use The Marais Site and the Materials shall automatically terminate if you are in breach of any of the Terms of Use. The Marais reserves the right, in its sole discretion, to terminate your access to The Marais Site, and to terminate your use of the Materials, or any portion thereof, at any time without notice. However, the failure of The Marais to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Further, The Marais reserves the right to your limit access or use of any portion of any The Marais Site, including any RSS feeds.

MISCELLANEOUS 

If you discover a link on any The Marais Site that is not active or other information that you believe is out-of-date, we invite you to submit this information to us at info@themarais.com

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The Marais is committed to providing the best possible experience for users of the Marais Site.

If you observe material that you believe may be infringing another’s rights, please contact us at info@themarais.com. 

Effective Date: May 3, 2018