Access to and use of this Site is each subject to the following terms and conditions and all applicable laws. Codor Design, L.L.C. (“Codor”) reserves the right to update the TOU at any time without notice. If you do not agree to any term or condition, do not use the codordesign.com website (the “Website”). This Website is published and maintained by Codor Design in Seattle, Washington.
BY ACCESSING AND USING THE SITE YOU (“Customer”) AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (the “Agreement”). If User is accessing and using this Site on behalf of any group or entity, User warrants that it has all necessary authority to enter into this Agreement. If at any time User does not agree to be bound by the terms and conditions of this Agreement then User must cease using the Site immediately.
LICENSE AND WEBSITE ACCESS / PERSONAL AND NON-COMMERCIAL USE LIMITATION
We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:
• Reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;
• Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology);
• Use any meta tags, search terms, key terms, or the like that contain the website's name or trademarks used on the website;
• Modify, create derivative works from, decompile or disassemble any technology used to provide the website and the services offered on the website; or
Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent.
The works of authorship contained in this Website and samples, catalogues, or other similar works provided to customers or potential customers, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by Codor. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of the owner’s proprietary rights.
ACCEPTANCE OF THIRD PARTY LIABILITY
Customers, as current or potential consumers or distributors, accept and agree to be held liable for the direct or indirect infringements of Codor’s intellectual property rights by third parties it has dealings with. The Customer understands this acceptance of liability extends to direct or indirect violations or misappropriations of Codor’s Intellectual property rights. The Customer agrees to be liable for all expenses occurring as a result of such a violation, including but not limited to expenses for monetary damages and lost profits, costs and attorney’s fees.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our Site, policies, and these Terms and Conditions of Use at any time. If any of these terms or conditions shall be deemed invalid, void or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Codor, its affiliates, end users, distributors, licensors, officers, directors, representatives and employees do not make any warranties or guarantees about the reliability, completeness, and accuracy of the information contained on this Site. Use of this Site is strictly at your own risk.
We attempt to describe the items offered on the Website as accurately as possible; however, we do not warrant that the descriptions or other content on the Site are accurate, complete, reliable, current or error-free.
In no event shall Codor be liable or have any responsibility under such warranty if the product(s) has been improperly stored, installed, used or maintained, or if the Customer has permitted any unauthorized modifications, adjustments and/or repairs to the items ordered.
Under no circumstances and notwithstanding the failure of essential purpose of any remedy set forth, will Codor or its agents be liable for:
• Any incidental, indirect, special, punitive or consequential damages including but not limited to loss of profits, business, revenues or savings, even if Codor has been advised of the possibilities of such damages or if such damages are otherwise foreseeable, in each case, whether a claim from any such liability is premised upon breach of contract, warranty, negligence, strict liability or other theory of liability; or
• Any claims, demands or actions against customer by any third party;
In the event of any liability incurred by Codor, the entire liability of Codor for damages from any cause whatsoever shall not exceed the lessor of:
• The dollar amount paid by the Customer for the items(s) giving rise to the claim or the specific services giving rise to the claim; or
ENTIRETY OF THE AGREEEMENT
This is the entire agreement between you and Codor and supersedes any prior understandings or agreements (written or oral). If any portion of this Agreement is held to be unenforceable, that portion will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Codor’s failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right.
GOVERNING LAW AND VENUE
This Agreement is governed by the laws of the State of Washington. By using the Website, Content, or Services, you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington in all disputes arising out of or relating to your use.