Terms

The following describes the terms on which SalomeSilk.com offers you access to this Website.
SalomeSilk.com maintains this website as an online portfolio of Mary Salome Vandergraft’s work and a shopping service to buy her products. Access to this website is subject to the terms and conditions set forth below. Your use of the website signifies your acceptance of this agreement. If you do not agree to comply with this agreement, please do not use the website.

SalomeSilk.com reserves the right to make changes in the programs, policies, products and services described in this website at any time without notice. A user who uses, or makes decisions based on information contained in this website does so at the user’s own risk. By accessing this website, the user agrees to hold SalomeSilk.com and its affiliates harmless against any claims for damages arising from any decisions that the user makes based on such information.

Disclaimer
INFORMATION CONTAINED IN THIS website IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SALOMESILK.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS website OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SalomeSilk.COM DISCLAIMS LIABILITY FOR AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE INTERPRETATION OR RESULTS OF THE USE OF MATERIALS IN THIS website IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Registration Obligations
In consideration of your use of SalomeSilk,com, you agree to provide true, accurate, and complete information about yourself as prompted by the registration form and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, or SalomeSilk.com has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, SalomeSilk.com has the right to suspend or terminate your account and refuse any and all current or future use of SalomeSilk.com.

Restrictions
This website is owned and operated by SalomeSilk.com. Modification of any material from this website or use for any other purpose is a violation of the SalomeSilk.com copyright and other proprietary rights. Use of any such material from this website on any other website or computer environment is prohibited.

Copyright / Trademark Compliance & Complaints
SalomeSilk.com honors the intellectual property rights of others. If you believe that your work has been copied or used on this site in a way that constitutes copyright or trademark infringement, please notify SalomeSilk.com. SalomeSilk.com does not reproduce or create any products that it offers on its site. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, SalomeSilk.com will remove such actual or alleged infringing products from the site pending our investigation.

Limitation Of Liability
Under no circumstances shall SalomeSilk.com be liable for any damages, direct, special, incidental, consequential, punitive or exemplary or otherwise, that result from the use of, or the inability to use, the materials on this website, even if SalomeSilk.com or a SalomeSilk.com authorized representative has been advised of the possibility of such damages. As this website is operated by SalomeSilk.com from within the United States of America. This agreement shall be governed by and enforced in accordance with the laws of the State of North Carolina. If a court of competent jurisdiction finds any part of this agreement void or unenforceable, the remainder should be enforced and the court should use its authority to amend it in order to fulfill the stated purposes of this agreement to the fullest extent permitted by law.

Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to SalomeSilk.com Attn: Mary Vandergraft (in the case of SalomeSilk) 111 Shady Spring Place, Durham, NC 27713-9334 to the email address you provide to SalomeSilk during the order process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SalomeSilk during the order process. In such case, notice shall be deemed given 3 days after the date of mailing.

Resolution Of Disputes
In the event a dispute arises between you and SalomeSilk.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and SalomeSilk.com agree that any claim or controversy at law or equity that arises out of this Agreement or our services (“Claims”) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

1. Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or SalomeSilk.com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

2. Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in the State of North Carolina or where the defendant is located (in our case Durham, North Carolina, and in your case your home address or principal place of business. You and SalomeSilk.com agree to submit to the personal jurisdiction of the courts located within the State of North Carolina.

3. Alternative Dispute Resolution. Alternatively, SalomeSilk.com will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in the State of North Carolina or another location mutually agreed upon by the parties. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Resolution of Disputes Section, the other party may recover attorneys’ fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

Copyright Notice
Copyright 2010 by SalomeSilk.com. All the text, graphics, design and other works are the copyrighted works of SalomeSilk.com. All Rights Reserved. Any redistribution or reproduction of any materials herein is strictly prohibited.