Custom Drapery Bedding & Upholstery Quality Shades & Shutters

End User Agreement

USER AGREEMENT

YOUR CHECKING THE “I AGREE” CHECKBOX DISPLAYED AS PART OF THE INITIAL ACCOUNT SET-UP PROCESS, AND YOUR CONTINUED USE OF OUR SERVICES, INDICATES YOUR INTENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) GOVERNING YOUR USE OF THE SERVICE PROVIDED BY Adrette Corporation (“Adrette”). YOUR USER ACCOUNT IS UNIQUE TO YOU, AND USE BY UNAUTHORIZED AND/OR UNREGISTERED USERS IS STRICTLY PROHIBITED. YOU ARE RESPONSIBLE FOR KEEPING YOUR USER ACCOUNT INFORMATION SECURE.

Adrette will provide you with use of the Service (the “Service”) as substantially described in the www.adrette.com website (the “Site”) and/or other promotional materials. Your continued use of the Service shall be deemed to be your ongoing agreement to abide by the Terms of Use, including any materials available on the Site, and including but not limited to Adrette’s Privacy Policy and Website Terms and Conditions of Use.

License Grant
In exchange for your access to and use of the Service, Adrette hereby grants you a nonexclusive, nontransferable, limited right to access and use the Service, subject to the Terms of Use. Your license shall be solely for your internal business. You confirm that all persons accessing the Service under your password or on your behalf have your authority to do so, and you assume total and complete responsibility for their compliance with this Agreement. Adrette reserves all rights not expressly granted to you herein.

Restrictions; Your Use of the Service
You will not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way. You will not create internet “links” to the Adrette website, except as authorized in writing by Adrette, or to “frame” or “mirror” any material or content available through the Service on any other server or wireless or internet-based device.

You will not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Service, the Site or any content or material provided therein, or in any way reproduce or circumvent the navigational structure or presentation of the Service, the Site or any material or content provided therein to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service or the Site. Adrette reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Service or the Site, or any other systems or networks connected to the Service or the Site, or to any Adrette server, or to any of the services offered on or through the Service or the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Service, the Site or any network connected to the Service or the Site, nor breach the security or authentication measures on the Service or the Site or any network connected to the Service or the Site. You may not reverse look-up, trace or seek to trace any information on any other user of the Service or visitor to the Site, or any other customer of Adrette, to its source, or exploit the Service or the Site or any service or material or information made available or offered by or through the Service or the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service or the Site.

You agree you will not take any action that imposes an unreasonable or disproportionately large load on the Service’s or the Site’s infrastructure or Adrette’s systems or networks, or any systems or networks connected to the Service, to the Site or to Adrette.
You agree not to use any device, software or routine to interfere or attempt to interfere with the Service’s or the Site’s proper working or any transaction being conducted through the Service or on the Site, or with any other person’s use of the Service or the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Adrette on or through the Service or the Site or any other service offered on or through the Site. You may not impersonate any other individual or entity or pretend that you are, or that you represent, someone else.
You may not use the Service or the Site or any content or material contained therein 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 Adrette or others.

Your User Account
With your agreement to these Terms of Use, Adrette grants you permission to establish an account to access and use the Services (“Your Account”). The permission to establish Your Account requires you to create and/or request from Adrette a User ID and password. Such permission is personal to you and your authorized users, and cannot be shared with or otherwise used by any other individual or entity. You hereby represent and warrant that all information provided to Adrette in registering for Your Account is current, complete and correct, and that you will promptly update such information following any change which renders it incomplete or incorrect. Adrette may refuse to open, permit access to or terminate Your Account if we suspect any information provided by you or any authorized user is untrue, inaccurate, incomplete, not current or misleading. Adrette may place restrictions on the types and amounts of information stored in Your Account.

You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Adrette immediately of any unauthorized use of your account or password, or any other breach of security.

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

User Submissions
One of the Service features includes the means by which you can transmit material, information or other communication (“Submissions”). You agree not to use the Service or the Site for: (a) any activity that is unlawful (whether criminal or tortious) under the laws of any jurisdiction to which you or Adrette is subject; (b) any activity that promotes others to act unlawfully; (c) any activity that constitutes competition with the Service or the Site; (d) uploading, submitting or otherwise making available material that infringes another’s copyright, trademark or other intellectual property rights; or (e) uploading, submitting or otherwise making available threatening, defamatory or obscene comments, proprietary, confidential or insider information, obscene or pornographic material, or falsified and/or misleading information (“Objectionable Content”).

Adrette has no obligation to monitor submissions. However, Adrette has the right to perform such monitoring, and the right (but not the obligation) to reject or remove any submissions that violate these Terms of Use.

Content
All documents, reports, white papers, presentations, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on, accessed through or downloaded from the Service or the Site is owned, controlled or licensed by or to Adrette and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

You may view, download, print and retain a copy of Content from the Service or the Site provided that (1) you keep such information strictly confidential, (2) your use of such information is for your informational, personal and non-commercial use only, (3) you will not copy, transfer or transmit such information to another person or entity, post it on any network computer or broadcast it in any media, (4) any copy of this information that you make shall retain all legal notices, copyright and other proprietary notices contained therein, (5) you make no modifications of such information and (6) you make no additional representations or warranties relating to such documents.

Except as expressly provided in these Terms of Use, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from the Service or the Site in whole or in part without Adrette Corporation’s prior written permission. All rights not expressly granted herein are reserved.

Intellectual Property Ownership
Adrette (and its licensors, where applicable) solely owns any and all rights, title and interest, including any and all related intellectual property rights, in and to the Service, the Site and related Content, and any suggestions, ideas, enhancements, requests, feedback, recommendations or other comments or information relating to the Service, the Site and/or the Content provided by you or any other party. These Terms of Use do not represent a sale and do not convey to you any rights of ownership in or related to the Service, the Site, the Content or any intellectual property owned by Adrette.

Other Agreements
Adrette’s Privacy Policy applies to all use of this Service, and its terms are made a part of these Terms of Use by reference and incorporation hereto. To view Adrette Corporation’s Privacy Policy, click here. Additionally, by using the Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to Adrette 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.

Adrette’s Website Terms and Conditions of Use apply to use of this Service, and its terms are made a part of these Terms of Use by reference. To view Adrette Corporation’s Website Terms and Conditions of Use, click here.

In cases where there may exist a conflict of terms between these Terms of Use and Adrette’s Privacy Policy or Adrette’s Website Terms and Conditions of Use (the “Other Agreements”), terms contained herein shall supersede any conflicting terms contained in the Other Agreements.

Changes to Terms of Use
Adrette reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. Notice of any change, modification, addition or removal of portion of these Terms of Use (“Changes”) shall be provided at least 3 days before the Changes take effect. Your continued use of the Service following Notice of the Changes will mean you accept and agree to the Changes.

Links to Other Sites
The Service and the Site may contain links to other independent third-party web sites (“Linked Sites”). Such Linked Sites are provided solely as a convenience to our visitors, and Adrette may discontinue such convenience at any time. Such Linked Sites are not under Adrette’s control, and Adrette is not responsible for and does not endorse any Linked Site, including any information, content or materials contained on such Linked Sites. Adrette does not endorse companies, products or services contained in Linked Sites. You need to make your own independent judgment regarding your interaction with these Linked Sites, and if you decide to access any Linked Sites, you do this entirety at your own risk.

Violation of These Terms of Use; Termination of User Account
In the case of any violation of these Terms of Use, Adrette reserves the right to seek all remedies available by law and in equity for such violations.

Adrette 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 Service or 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) Adrette’s rights or property, or the rights or property of user of the Service or visitors to the Site, including Adrette’s customers. Adrette reserves the right at all times to disclose any information that Adrette deems necessary to comply with any applicable law, regulation, legal process or governmental request. Adrette also may disclose your information when Adrette 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 Adrette may preserve any transmittal or communication by you with Adrette through the Service or any service offered on or through the Site, and may also disclose such data if required to do so by law or in the event Adrette 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 Adrette, its employees, users of the Service, visitors to the Site, and the public.

You agree that Adrette, in its sole discretion and without prior notice, may terminate Your Account, for any reason, including but not limited to (1) requests for termination by law enforcement or other government agencies; (2) a request for termination by you (self-initiated account deletions), (3) discontinuance or material modification of the Service or the Site or any service offered on or through the Site; or (4) unexpected technical issues or problems.

If Adrette does take legal action against you as a result of your violation of these Terms of Use, Adrette 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 Adrette. You agree that Adrette will not be liable to you or to any third party for termination of your access to the Service.

Limitation of Liability; Limitation of Damages
Except where prohibited by law, in no event will Adrette, its licensors, its suppliers or any third parties mentioned through the Service or on the Site be liable to you for any damages (including without limitation, indirect, consequential, exemplary, incidental or punitive damages), including lost profits, even if Adrette, its licensors, its suppliers or any third party has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Adrette 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 or inability to use the Service, the Site or any Content, whether based on warranty, contract, tort or any other legal theory, Adrette, its licensors, its suppliers or any third parties mentioned through the Service or on the Site shall be liable only to the extent of actual damages incurred by you, and in any case not to exceed U.S. $100.00. Any claims arising in connection with your use of the Service, the Site or Content must be brought within one year from the date of the event giving rise to such action. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Disclaimer of Warranties
Every effort has been made to ensure the accuracy of the information presented. However, Adrette assumes no responsibility for and does not guarantee the accuracy of the information.

Adrette AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR THE CONTENT. Adrette AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (E) ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED; (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS ARE HEREBY DISCLAIMED BY Adrette AND ITS LICENSORS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Internet Delays
The Service may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communication. Adrette is not responsible for any delays, delivery failures or other damage resulting from such problems.

Downtime
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICE MAY BE INACCESSIBLE FOR A PERIOD OR PERIODS OF TIME FOR PURPOSES OF MAINTENANCE, INSTALLATION, UPDATE IMPLEMENTATION, REPLACEMENT, BACK-UP, MODIFICATION OR OTHER REASONS. Adrette HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL RESPONSIBILITY OF Adrette RESULTING FROM Adrette’s INABILITY OR FAILURE TO PROVIDE THE SERVICE DURING SUCH DOWNTIME.

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

Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Service and the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Oregon without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Portland, Oregon, USA and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one year after the cause of action arises, or such claim or cause of action is barred. 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 Adrette and you arising out of or in connection with your use of the Service and 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 60 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.

Void Where Prohibited
Adrette administers and operates the Service and the www.adrette.com Site from its location in West Linn, Oregon, USA. Other Adrette Sites existing now or in the future may be administered and operated from various locations outside the United States. Although the Service and the Site are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Service or the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Adrette reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made through the Service or on the Site is void where prohibited. If you choose to access the Service or the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Export Restrictions
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 Service or the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Adrette with regard to your use of the Service and the Site, and any and all other written or oral agreements or understandings previously existing between you and Adrette with respect to such are hereby superseded and cancelled. Adrette will not accept any counter offers to these Terms of Use, and all such offers are hereby categorically rejected. Adrette’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Adrette or any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Adrette or you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

The Service and the Site may provide access to or information about Adrette Corporation’s international data and, therefore, may contain reference or cross references to Adrette products, programs and services that are not announced in your country. Such reference does not imply that Adrette intends to announce such products, programs or services in your country.