Terms and conditions

 

Go to:

 

Terms and conditions for the sale of goods

Version number: 1.0

Effective date: 20.02.2025

 

1.    Introduction

1.1. This website is operated by Design Online Limited on behalf of the Sanderson Design Group of companies (collectively referred to as “Sanderson Group”), and the following Terms and Conditions of Sale (the “Terms”) govern the sale of goods (referred to hereinafter as “goods” or “products”) by Sanderson Design Group Inc. (hereinafter, “Sanderson USA”, “we”, “us” and “our” as context may require) to you via the US section of the site: https://www.wmorrisandco.com (the "Site"). The Site is available only for Consumer purchases made and delivered within the United States.

1.2. Your use of the Site to purchase products indicates your agreement to follow and to be bound by these Terms. You may not order or obtain products or services from the Site if you (a) do not agree to these Terms, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Sanderson USA, or (c) are prohibited from accessing or using the Site or any of the Site’s contents, goods or services by applicable law.

1.3. Where we refer to “Consumer” in these terms we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession. Purchases on this site may only be for personal, family or household purposes, and it is prohibited to purchase any products from the Site for commercial purposes, including resale by you or any other person or entity. If you are shopping on the Site, you agree that you are shopping as a Consumer. Sanderson USA and the Sanderson Group expressly disclaim any warranty or claim for damages, consequential or otherwise, resulting from a purchaser’s intent or attempt to resell any Product purchased from the Site.

1.4. These Terms are subject to change by Sanderson USA without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any Product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

1.5. These Terms are an integral part of the General Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for goods or services through this Site.


1.6. You understand that by placing an order on the Site, you are accepting these Terms and you agree that these Terms will apply to your order and the contract between you and us in relation to your purchase of goods 

 

2.    Product Characteristics and Minor Variations in Products

2.1. A detailed description of our goods can be found on the Product pages on the Site. Note that the pictures and colours of the Products on the Site may differ from the physical article depending on your Internet browser settings or the device or monitor settings you use.

2.2. You acknowledge that most of our goods are dyed and that batches can vary slightly in colour and shade. Therefore, we do not guarantee that the colour or shade of any goods will be identical to any previous order or to any sample or to the way that the goods are displayed on the Site. Also, due to the print design of some pattern fabrics, it may be that any sample dispatched does not include the full range of colours or pattern design

2.3. The labelling or packaging of the goods you receive may differ from the images of these which you see on our Site.

 

3.    Placing Your Order & Order Cancellation

3.1. All orders placed on the Site are subject to email confirmation by us; we may choose not to accept any orders in our sole discretion. Please note that the products displayed on the Site may be out-of-stock or discontinued, and availability is not guaranteed.

3.2. You agree that your order is an offer to buy, pursuant to these Terms, all products listed in your order. If accepted, your confirmation e-mail will contain your order number and details of the items you have ordered. Registered users may refer to the “My Account” section of the Site for the details of their order. 

3.3. We are not obliged to supply any goods which are unavailable, even if we have entered into a legally binding contract with you. We will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.

3.4. Step-by-Step Description of Ordering Process:

3.4.1. You can place your order by using the ordering process on our Site. This involves selecting the goods, placing them in the shopping cart and transmitting the order to us by clicking on the “Pay Now” button. This process permits you to check and amend any mistake before making an order by using the change function and/or the internet browser back button.

3.4.2. You must ensure that your order and any other information you supply to us is correct and you must tell us immediately after placing an order if there are any changes you want to make to the order.

3.4.3. If we are making or supplying the goods to measurements you provide, you are responsible for making sure those measurements are correct.

3.4.4. A contract between you and Sanderson USA will come into effect when you receive a confirmation email from Sanderson USA. We will also send you a further email once the goods you have ordered have been dispatched.

 

5.    Returns

5.1. We always recommend ordering samples of fabrics and wallpapers before placing an order. Please inspect your items when you receive them. For fabrics and wallpapers, please check you are happy prior to cutting or hanging. If your order arrives damaged or faulty, please let us know within 48 hours of delivery and refer to Section 9 below for additional assistance.

5.2. You have 30 days after delivery to return an item to us if it is eligible for return. Items must be returned undamaged and in their original packaging. Please be advised that the cost of returning an item is at your sole expense.

5.3. You can see specific returns conditions for each product on individual product pages. The following is a general guide per product category:

· Wallpaper. Sealed complete rolls of wallpaper may be returned. We cannot accept returns of wallpaper that has been printed to order.

· Fabric. Lengths of fabric are cut to order, and so are not returnable for lengths under 5 metres. For lengths over 5m we are able to accept returns of fabric, but this will be subject to a restocking fee of 25%.

5.4. Please refer to our Delivery and Returns Page for specific step-by-step instructions on how to return a product you have ordered on the Site

 

6.    Shipping and Delivery

6.1. The purchased product(s) shall be delivered according to the method you choose at the time you place your order. The specific carrier shall be selected by Sanderson. Unless otherwise specified by Sanderson, delivery charges shall be borne by the purchaser and are indicated separately on the order form and confirmation.

6.2. Delivery will be complete when the products are delivered to the address which you specify when ordering. We may deliver different parts of your order on different dates.

6.3. Delivery is permitted in all the United States except Arizona, Illinois, and Missouri and is otherwise subject to any restrictions indicated on our delivery page

6.4. Unless otherwise stated, delivery dates given on our Site are estimates only. We are not responsible to you for any losses arising from a delay in delivery (a) to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you haven’t given us adequate delivery instructions and this has caused a delay.

6.5. You agree to alert us in advance to any access restrictions that may affect delivery.

6.6. If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. We may contact you in order to ask why the delivery was unsuccessful. If the delivery company returns the item to us because

they have been unable to deliver it, and the delivery company has not been at fault, we reserve the right to cancel the contract, in which case we will refund the price paid but excluding the delivery charge.

6.7. At the time of delivery of the products by the carrier, you (or a nominated adult representative) are required to verify: (i) that the number of items being delivered corresponds to that indicated in their shipping confirmation email; and  (ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner.

6.8. Any damages to the packaging and/or the product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the carrier’s delivery receipt. Except to the extent permitted under applicable laws, once the carrier’s delivery receipt has been signed and you have not raised any objection, you may no longer make any objection to the exterior characteristics of the delivered parcel.

 

7.    Risk and Ownership

7.1. You become responsible for the goods once you have physically received the goods following delivery to you or to somebody identified by you to take possession of the goods

7.2. Ownership of the goods will not pass to you until we have received full payment for the goods, including applicable taxes plus delivery charges in full.

 

8.    What to do if there is something wrong with your goods; Refund Policy

8.1. If you think there is something wrong with the goods, you must promptly contact our Sanderson Customer Service team at: https://www.wmorrisandco.com/contact/

8.2. Where there is something wrong with your goods and you have contacted the Sanderson Customer Service team to report this, we will ask you for information as to what is wrong with the goods. We may ask you to send us photographs and to email us a description of what is wrong, and we may also ask you to return the goods to us (and we will arrange and pay for the return of the goods) for us to inspect them in the case of alleged defects. If we agree that there is something wrong with your goods and the fault or damage in the goods wasn’t caused by your incorrect storage, handling or use of those goods, we will issue you a refund for the price of the goods and any delivery charges you have paid within 14 days beginning on the day on which we agree you are entitled to a refund. The refund will be made to you by the same means as payment for the goods, unless you agree otherwise. We will not charge any fee for issuing this refund.

 

9.    Discount codes

9.1. We may offer discount codes from time to time in our sole discretion. All discount codes provide a discount which is applied to the price of the item excluding delivery charges. Such codes are not transferrable or redeemable for cash. Unless otherwise stated, any discount codes:

(1) are only available for new orders placed on the Site (they cannot be applied to previous orders already placed);

(2) can only be redeemed once per customer; and

(3) expire after 12 months.

9.2. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.

9.3. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms or such other terms specific to such code. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.


10.    DISCLAIMER OF WARRANTIES

10.1. SANDERSON USA, ITS AGENTS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR

IMPLIED, AS TO THE PRODUCTS LISTED ON THE SITE NOR AS TO THE ITEMS BEING SOLD TO YOU.

10.2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SANDERSON USA, SANDERSON GROUP AND THEIR AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION.

10.3. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

11.    LIMITATION OF LIABILITY

11.1. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, SANDERSON USA, SANDERSON GROUP AND ITS AFFILIATES OR AGENTS WILL NOT BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, INCLUDING IN THE EVENT THAT SANDERSON HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; OR (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY.

11.2. FURTHER, OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR ANY DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR

WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR ANY PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

11.3. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

11.4. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited.

 

12.    Intellectual Property Rights

12.1. Your purchase of goods from us does not give you any right to use or exploit any intellectual property rights relating to the goods.

12.2. All creative and intellectual property offered through the Site, including William Morris & Co. products, brands, and their images are protected by US and foreign copyrights and are either owned by Sanderson Group, or under license through third parties. The purchase of any product through the Site does not grant the purchaser license or any other right to use designs and their images independent of the materials themselves, or for any other derivative uses, without prior written approval by Sanderson Group.

 

13.    Force Majeure & Events Outside Our Control

13.1. Sanderson USA shall not be responsible for any delays or failures to deliver orders due to force majeure (including, by way of example but not limited to, any unforeseeable and unavoidable fact or circumstance that is beyond our control, such as blocking of means of transport, earthquakes, fires, storms, floods, lightning strikes, interruptions in the telecommunication network, wars, blockades, strikes, epidemics, decrees by the authorities, etc.) or fortuitous event. We shall not be liable for any damages (direct or indirect), losses or costs incurred as a result of the delayed or non-performance of the contract for the sale of the products on the Site due to the aforementioned force majeure, and the sole remedy you shall have in such instance shall be a refund of the price paid if the purchased products cannot be delivered. If our supply of your goods is delayed by an event outside our control we will endeavour to contact you as soon as possible, to let you know and do what we reasonably can (if anything) to reduce the delay. We will not compensate you for the delay, but if the delay is likely to be substantial, you can contact our Customer Service Team to end the contract and receive a refund for any goods you have paid for, but not received.

 

14.    Errors and Inaccuracies

14.1. Our goal is to provide complete, accurate, and up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

 

15.    Assignment

15.1. We may transfer all or part of our rights or duties under this agreement and any contract formed pursuant to these Terms to someone else provided we ensure that your rights under this agreement or relevant purchase contract are not reduced by the transfer.

15.2. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

 

16.    Our Right to Reject Orders

16.1. Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside our delivery areas, as stated on our Site, or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

 

17.    Our Right to Cancel and Terminate the Purchase Contract

17.1. We may end this contract at any time by writing to you if: a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods you have ordered; b) you do not, within a reasonable time, allow us to deliver the goods ordered to you.

17.2. If we end the contract in any of the situations set out in Section 17.1 above and the manufacturing of the goods you have ordered has already started, we will provide you with a refund of sums you have paid but we may withhold from the refund a reasonable amount to reflect the costs we have incurred in the part-manufacture of the products, so you may not get all of your money back.

17.3. Ending this contract will not affect any existing rights and liabilities and all terms in this contract which are stated or intended to continue after termination will continue to apply.

 

18.    Privacy

18.1. You acknowledge and agree that we may process your personal information in accordance with the terms of our Privacy & Cookies policy which is subject to change from time to time. Please consult the Privacy & Cookies Policy for information on the processing of Consumer personal data.

 

19.    Applicable Law and Construction; Jurisdiction; Arbitration; Class Action Waiver

19.1. These Terms and any non-contractual obligations arising out of or in relation to the Terms shall be governed by and will be interpreted in

accordance with the laws of the State of New York, USA (without regard to its conflict of law provisions), except as otherwise provided under mandatory local legislation of your place of residence.

19.2. Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising out of or relating to these Terms or the breach, termination or validity thereof, and/or the relationships which result from these Terms (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF SANDERSON, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the state and federal courts in the State of New York, County of New York, Borough of Manhattan. If arbitration is chosen by any party with respect to a Claim, neither Sanderson USA nor the consumer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved.

19.3. Class Action Waiver. To the fullest extent permitted by law, you agree that no class or collective actions can be asserted in arbitration or otherwise. All Claims, whether in arbitration or otherwise, must be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding.

19.4. Notwithstanding any choice of law provision included in these Term, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in the State of New York, New York County, Borough of Manhattan. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential.

19.5. THE ONLY CLAIMS EXCLUDED FROM THIS ARBITRATION PROVISION ARE CLAIMS FOR WHICH MANDATORY ARBITRATION WOULD BE INVALID AS A MATTER OF APPLICABLE LAW. AS A RESULT, THIS SUBMISSION OF DISPUTES TO ARBITRATION AT SANDERSON GROUP OR SANDERSON USA’S ELECTION MAY NOT APPLY TO YOU OR YOUR JURISDICTION.

19.6. In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.

 

20.    Changes and Updates to these Terms

20.1. These Terms may be periodically changed at the sole discretion of Sanderson USA and in consideration of any changes in the law as well. The modified General Terms and Conditions of Sale will be effective from their date of publication on the Site and are always and in any case binding for customers of the Site.

 

21.    General

21.1. We may send all notices to you by email to the most recent email address you have supplied to us. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later).

21.2. If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.

21.3. The headings used in these Terms are for reference purposes only and do not have contractual or binding effect.

21.4. The terms and conditions set forth herein constitute the entire agreement and understanding between you and Sanderson USA with respect to the subject matter set forth in the Site and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Site, including but not limited to any statements of policy or answers to frequently asked questions.

 

21.    Contact Us

If you need to contact us for any reason, or if you have any complaints, please contact us via the contact details shown below and our customer service team will do their best to assist you.

Design Online Ltd. 

Paulton House, Paulton, Bristol, BS39 7SX

[email protected]

(201) 377-0404

Website terms of use

Version number: 1.0

Effective date: 29.11.2024

 

Welcome to morrisandco.com! This website is owned and operated by Design Online Limited, incorporated in England and Wales (hereafter, “us”, “we”, “our”, or the “Company”).

By registering, accessing, or in any way using our website at www.morrisandco.com, any subdomain thereof, or any mobile version thereof (together as the “Site”), you (or the “User”) signify that you have read, understand, and agree to be bound by these Terms Of Use (or our “Agreement").

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A GOVERNING LAW CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

1.    Privacy Policy and other Site Information

We have developed a Privacy Policy  in order to inform you of practices with respect to the collection, use, disclosure and protection of your information. You can find the Privacy Policy, which is incorporated into this Agreement, on our home page, and by using this Site you agree to the terms of the Privacy Policy. Also included on our Site are other Store Policies and Product Pages that are incorporated herein and that you are required to read and accept.

 

2.    Eligibility and Registration

You represent and warrant that you are above the age of majority in your state of residence. As a visitor to the Site, you need not be a Registered User of the Site. However, certain sections of this Site may require you to register, or otherwise may ask you to provide information to participate in certain features or to purchase certain goods or services. If registration is requested, you agree to provide us with accurate and complete registration information. It shall be your responsibility to inform us of any changes to that information. Each registration is for a single individual and noncommercial use only, unless specifically designated otherwise on the registration page. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you, the User. You agree to immediately notify us of any unauthorized use of your registration or password.

 

3.    Registration Data; Account Security

You agree to (a) provide accurate, current, and complete information about yourself during registration (“Registration Data”); (b) maintain the security of your password and account information; and (c) be fully responsible for all use of your account and for any actions that take place using your account. You acknowledge that the Company will use the email address you provide with your Registration Data as the primary method for communication.

 

4.    Your Use of the Site; Restrictions

  1.    The User has a nonexclusive, nontransferable, limited, and revocable right to use the Site solely for User's personal use, and such other use for which the Site is intended, including the purchasing of goods and services. The User will not use the Site for any other purpose, without the Company's express prior written consent. 
  2.    You agree not to use the Site or to authorize any other person to use the Site to:

i.    cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website;
ii.    harvest or collect email addresses or other contact information of other users from the Site by electronic or other means;
iii.    use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
iv.    send, store, display or link to unlawful, infringing or otherwise inappropriate content;
v.    use automated scripts to collect information from or otherwise interact with the Site; 
vi.    impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; or
vii.    attempt, encourage or assist any of the above.

 

5.    Site Feedback

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or our services provided by you are non-confidential and shall become the sole property of the Site. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

6.    Changes and Modifications

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms Of Use at any time without further notice, provided that we post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

 

7.    Proprietary Rights in Site Content; Limited License

  1. Proprietary Rights.The User acknowledges and agrees that all content on the Site, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the property of the Company, its content providers, and/or their respective owners, and that the Company, its content providers, and/or the respective owners, retain all right, title, and interest in the Site Content. No Site Content may be modified, copied, scraped, harvested, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission.
  2. Limited License.Provided that the User is eligible to use the Site, the User is granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright, trademark, service mark, or other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate any Site Content in any other database or compilation, and any other use of the Site Content is strictly prohibited. The license granted by this Terms of Use does not permit the use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

 

8.    Intellectual Property of Company

  1. Copyright and Trademarks.The name Design Online Limited, Morris & Co., and other graphics, logos, designs, page headers, button icons, scripts and service names are registered and common law copyright, trademarks, service marks or trade dress of the Company or our partners in the U.S. and/or other countries. The Company's and the Company’s Partners copyrights, trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
  2. No Intellectual Property Infringement Permitted.You may not Post, distribute, or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner.

 

9.    Term

This Agreement will remain in full force and effect while you use the Site and/or are a Registered User. The Company may terminate your registration, delete your account and any content or information that you have provided on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, including if you violate this Agreement or are engaged in illegal or fraudulent use of our service, at any time in its sole discretion, with or without notice. You may terminate your registration at any time for any reason as well; however, the Company may retain Your Registration Data and User Content (as defined herein). Even after your membership is terminated, certain sections of this Agreement will remain in effect; see Section 12 below for a list of the provisions of this Agreement that will survive the termination of your Registration.

 

10.    Disclaimers and Limitations on Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF COMPANY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

  1. THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
  2. IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE WEBSITE DURING THE TERM OF THIS AGREEMENT AND IN NO CASE WILL EXCEED THE AMOUNT PAID BY YOU TO COMPANY IN THE PRECEDING 6 MONTHS. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR USE OF THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

 

11.    Indemnity

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and representatives for damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees), arising in connection with any claim, suit, proceeding, or other action arising from your use of the Site, your conduct in connection with your use of the Site, or any violation of these Terms of Use or of any law or the rights of any third party.

 

12.    Miscellaneous

  1. Government Use. If you are a branch or agency of the U.S. Government, the following provision applies. This Site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.
  2. Export. You agree that you shall comply with all applicable export and import control laws and regulations in your use of this Site, or materials or services received through this Site, and, in particular, you shall not export or re-export anything on or received through this Site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
  3. Governing Law;Venue and Jurisdiction. While this Site can be accessed in different countries all over the world, by visiting or using the Site, you agree that the laws of the United Kingdom shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this Site, without regard to conflicts of laws principles thereof. You further agree that English (U.K.) law, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates.
  4. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: (Term), (Proprietary Rights in Site Content), (Disclaimers and Limitation on Liability), (Indemnity), and this (Miscellaneous).
  5. Third-Party Websites. The Site may contain (or you may be sent through the Site to) links to other web sites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Sites"). Such Third Party Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or available through or installed from the Site. Inclusion of, linking to, or permitting the use or installation of any Third Party Sites does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
  6. Entire Agreement. These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site, superseding any prior agreements between you and the Company relating to your use of the Site.
  7. Assignability. All of our rights and obligations under our Terms of Use are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
  8. Notices. We may send all notices under this Agreement by email to the most recent email address you provide with your Registration Data. You may send us any notices to the email address [email protected].
  9. Non Waiver. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be held invalid or deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.