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Terms and Conditions of Use

Site Identification and Agreement for Use

These Terms and Conditions of Use (the "Terms of Use") apply to the American Frame Corporation (“American Frame”) web site located at www.americanframe.com, and all associated sites pertaining to Privacy and Accessibility linked to www.americanframe.com by American Frame (collectively, the "Site"). The Site is the property of American Frame. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE.

American Frame reserves the right to unilaterally, and for any purpose it chooses, change, modify, add or remove portions of these Terms of Use, at any time. Your continued use of the Site following the posting of changes shall constitute an agreement by you to accept and agree to the changes. It is your responsibility to periodically review these Terms for any such changes and American Frame has no duty or obligation to advise you that changes have been made, or what such changes involve. As long as you comply with these Terms of Use, American Frame grants to you a non-exclusive, non-transferable, limited license to enter and use the Site.

Contents of the Site

All text, graphics, photographs, art work (in any medium), trademarks, logos or other information contained in this Site (collectively, "Content"), including but not limited to the design, expression, "look and feel" and arrangement of such Content, contained on the Site is owned by American Frame, and is protected by trade dress, copyright, and trademark laws and unfair competition laws.

American Frame reserves unto itself the unilateral right to publish or place any artwork on the Site at its sole discretion and to add or remove artwork as it unilaterally chooses and for any reason whatsoever.

Except as expressly provided in these Terms, no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without American Frame's express prior written consent.

You hereby agree to indemnify and defend American Frame from and against any unauthorized or any unlawful use of the Content of the Site by third parties if such unauthorized or unlawful use was facilitated, allowed or participated in (in any way) by you.

You may use information or artwork on the Site purposely made available by American Frame for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Permitted Exclusive Use of the Site

You may not use any unlawful links or processes (Ex. “deep link", "spider", etc.) to access or monitor the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. This includes attempting to gain unauthorized access to the Site by hacking or any form of unauthorized or unlawful access or entry. You will not test the vulnerability of the Site or use the Site to gain access to or to reveal any information of third parties or of American Frame.

Third Party Sites

This Site may contain links to other sites that are neither owned nor controlled by American Frame. These links are provided solely as a service to our users and the presence of a link does not constitute an endorsement of the linked website and is provided with NO GUARANTEE of its confidentiality, safety, completeness, accuracy or timeliness. When you follow a link to an outside website you do so at your own risk and American Frame is not responsible for the information or collection practices of any third party site. We encourage you to learn about the privacy policies of these sites and the companies supporting them prior to use.

Misuse of Identifiers

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to American Frame on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of American Frame or others.

Purchases from American Frame

Additional terms and conditions may apply to purchases of goods or services from American Frame which terms are incorporated into and made a part of these Terms of Use. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

American Frame's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an American Frame ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify American Frame immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by American Frame or any other user of or visitor to the Site due to someone else using your American Frame ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else's American Frame ID, password or account at any time without the express permission and consent of the holder of that American Frame ID, password or account. American Frame cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy and Accessibility

American Frame's Privacy Policy apply to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view American Frame's Privacy Policy, go to www.americanframe.com/privacy.aspx. To view the Accessibility Policy go to www.americanframe.com/accessabilitystatement.espx. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Disclaimers and Waiver of Claims

AMERICAN FRAME DOES NOT PROVIDE ANY GUARANTEE OR ASSURANCE THAT THE SITE OR ANY CONTENT OF THE SITE OR THE PRODUCTS OR SERVICES CONTAINED ON THE SITE WILL BE FIT FOR ANY PARTICULAR PURPOSE OR WILL PROVIDE ANY ERROR-FREE OR SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. AMERICAN FRAME CANNOT ENSURE THAT ANY FILES, ARTWORK OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR HARMFUL FEATURES. AMERICAN FRAME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMERICAN FRAME DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY AMERICAN FRAME SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST AMERICAN FRAME FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

The above disclaimer applies to any liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

American Frame reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Also, you waive any claims against American Frame, and release American Frame from any loss of or damage to any files stored by you on our Site, regardless of cause, including but not limited to loss caused by American Frame for any reason. While American Frame will allow its customers to store images and photographs on their personal account for the managing of print and framing products, this is a service to our customers and American Frame shall at all times have the right to accept or reject artwork files at the sole discretion of American Frame and for any purpose it deems, in its sole discretion, to be appropriate and you do indemnify and hold harmless American Frame from any and all claims by third parties for the improper and/or unlawful publication of any files that you have stored on our Site.

Limitation of Liability

Except where prohibited by law, in no event will American Frame be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if American Frame has been advised of the possibility of such damages.

If American Frame is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, American Frame's liability shall in no event exceed the total sum of $100.00.

Indemnity

You agree to indemnify and hold American Frame, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against American Frame by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

American Frame may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) American Frame's rights or property, or the rights or property of visitors to or users of the Site, including American Frame's customers. American Frame reserves the right at all times to disclose any information that American Frame deems necessary to comply with any applicable law, regulation, legal process or governmental request. American Frame also may disclose your information when American Frame determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that American Frame may preserve any transmittal or communication by you with American Frame through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or American Frame determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of American Frame, its employees, users of or visitors to the Site, and the public.

You agree that American Frame may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to American Frame, for which monetary damages would be inadequate, and you consent to American Frame obtaining any injunctive or equitable relief that American Frame deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies American Frame may have at law or in equity.

You agree that American Frame may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If American Frame does take any legal action against you as a result of your violation of these Terms of Use, American Frame will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to American Frame. You agree that American Frame will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Ohio without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Lucas County, Ohio, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between American Frame and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed ninety (90) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Exportation of Site Control

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

The information contained in this web site is subject to change without notice.

Last Updated April 2021