Welcome to www.abbotandatlas.com. This Site is provided and owned by Abbot & Atlas, Inc. (“ABBOT & ATLAS TEXTILES” “we,” “us” and “our”). The following Terms of Use are the basic terms and conditions that govern your use of this Site. Please note that your use of this Site constitutes your agreement to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, please exit this Site immediately and do not use this Site.

These Terms of Use May Change

We reserve the right to update or modify these Terms of Use, at any time and without prior notice by posting the revised version of these Terms of Use on this Site. These changes will be effective as of the date we post the revised version of these Terms of Use on this Site. Your use of this Site following any such change constitutes you r agreement to be bound by the revised Terms of Use.

Unless the change is a minor change (such as a change in our contact information) or a non-substantive change (such as a clarification or reformatting of this Privacy Policy), to alert you to these changes, we will provide a notice at the top of these Terms of Use for at least 30 days after the new effective date and highlight the changes so that you can locate them easily.

You may access the current version of these Terms of Use at any time by clicking on the Menu icon and selecting the “Terms of Use” link.

Ownership, Copyright, and Trademark Matters

This Site and all of its content, including, for example, all of the text, images, illustrations, graphics, audio clips, and video clips, are protected under trademark, trade dress, copyright and other intellectual property laws and all of the rights in the Site and its content are owned by ABBOT & ATLAS TEXTILES, its affiliates, its licensors and other third parties. The entire content of this Site is copyrighted as a collective work under U.S. and international copyright laws and treaties, and ABBOT & ATLAS TEXTILES owns the copyright in the selections, coordination, arrangement and enhancement of the content.

Unless specifically authorized on certain pages of the Site, you may not, under any circumstances, (a) decompile, reverse engineer, or disassemble any part of this Site or its content; or (b) remove any copyright, trademark registration, or other proprietary notices from the information.

The trademarks and service marks used or displayed on this Site (“Trademarks”) are registered and unregistered trademarks of ABBOT & ATLAS TEXTILES or third parties. Nothing on this Site may be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the Site without the prior express written permission of ABBOT & ATLAS TEXTILES or the trademark owner.

You hereby indemnify ABBOT & ATLAS TEXTILES, its affiliates and their respective directors, officers, managers, members and shareholders and hold them harmless against all loss, liability, damage or expense of whatsoever nature which they or any third party may suffer which arises out of or is in connection with, whether directly or indirectly, your use or misuse of the Site.

Privacy Notice

Our Privacy Policy is part of and is incorporated in these Terms of Use. If you have not already reviewed the Privacy Policy, please take a few minutes to do so.

Your Comments, Product Reviews and Other Submissions

We welcome your comments regarding this Site. Please note, however, any comments, submissions, orders, or other communications (collectively, “Comments”) sent to us shall be and remain the exclusive property of ABBOT & ATLAS TEXTILES. Your submission of Comments will constitute an assignment to ABBOT & ATLAS TEXTILES of all worldwide rights, title and interests in all copyrights and other intellectual property rights in the Comments.

ABBOT & ATLAS TEXTILES will be entitled to copy, disclose, display or perform publicly, improve and modify any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. ABBOT & ATLAS TEXTILES will also be entitled to reduce to practice, use, and improve upon any ideas or inventions that you submit to us in any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information, product ideas, inventions, or original artwork.

We reserve the right to edit submissions presented by users, but we do not take responsibility for the truth or accuracy of the Comments, nor do we take responsibility if the Comments we publish are deemed objectionable or offensive by certain individuals or entities.

Product Details

Description. We cannot assure you all of the product information displayed on the Site is 100% accurate. The actual item should be considered the authoritative source of all information with respect to the item.

Color. Colors are represented as realistically as possible, but color variations of product images or color swatches are outside of our control because software, hardware and Internet connections can alter the appearance of colors.

Corrections. The information published on this Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order). These errors, inaccuracies or omissions may be related to product description, pricing and availability. If we discover that pricing information posted on our Site is incorrect, we reserve the right not to fill orders at the incorrect price. We apologize for any inconvenience this may cause.

Sample Orders

All orders of product made through this Site shall be governed by and subject to ABBOT & ATLAS Textiles’ warranty in effect at the time of the order.

Disclaimers

THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ABBOT & ATLAS TEXTILES AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE, ITS CONTENTS, AND THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ABBOT & ATLAS TEXTILES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) WITH RESPECT TO ANY MERCHANDISE OFFERED ON THIS SITE (THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED); (C) RELATING TO THE SECURITY OF THE SITE; (D) THAT THE INFORMATION ON THIS SITE, INCLUDING PRODUCT DESCRIPTIONS, IS ACCURATE, COMPLETE OR CURRENT OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR (E) THAT THE CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF WARRANTIES SET FORTH ABOVE, SO THIS LIMITATION OF WARRANTIES MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES, SHALL ABBOT & ATLAS TEXTILES OR ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, OR INDEPENDENT CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, ANY CONTENT PUBLISHED ON THIS SITE (INCLUDING PRODUCT DESCRIPTIONS AND REVIEWS), OR ANY SERVICES PROVIDED OR PURCHASED THROUGH THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ABBOT & ATLAS TEXTILES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ABBOT & ATLAS TEXTILES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWENTY FIVE DOLLARS ($25.00).

BY USING THE SITE, ABBOT & ATLAS TEXTILES PRODUCTS, OR SERVICES, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO THE TERMS AND CONDITIONS STATED HERE.

Links to Web Sites Operated by Third Parties

This Site may provide links to web sites operated by third parties. We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their web sites. We do not assume any responsibility or liability for the actions, products, and content of any such web sites. Before you use any web site you should review the applicable terms of use and policies. The inclusion of a link in this Site does not imply our endorsement of the web site. If you decide to access linked third-party web sites, you do so at your own risk.

Interruptions

Electronic communication and the Internet are inherently unstable and prone to interruptions and failure. This Site will be subject to both scheduled and ad hoc maintenance and updates which may lead to interruptions in the delivery of the content of the Site.

ABBOT & ATLAS TEXTILES does not warrant, guarantee or represent that the information service will be provided uninterrupted, without failures or error-free.

Interpretation

As used in these Terms of Use, the term “including” means “including, but not limited to.”

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by ABBOT & ATLAS TEXTILES of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law, Jurisdiction and Venue

These Terms of Use shall be governed under the laws of the State of New York, without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be venued exclusively in state or federal court in New York. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Entire Agreement

These Terms of Use contains the entire understanding and agreement between your and ABBOT & ATLAS TEXTILES with respect to your use of this Site, and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and ABBOT & ATLAS TEXTILES with respect to this Site.

Questions Concerning These Terms of Use

Please contact us at hello@abbotandatlas.com if you have questions or comments about these Terms of Use.