Terms of Use

 

1. Use of this Site

This site is the property of The Fig Design Group. Your use of this site, any services made available through this site (the "Services") or the purchase of products using the site is subject to your agreement to the terms and conditions set forth herein and the completion of any applicable registration requirement. By accessing or registering to access any portion of this site or any Services or by using any portion of this site or any Services you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, please do not proceed any further and do not access or use this site or any of the Services made available herein.

 2. Terms of Use

Use of this site is solely at The Fig Design Group’s discretion, and Fig Design Group reserves the right to prohibit anyone from accessing, browsing, supplying information to or downloading information from this site. You are not granted any rights in or to this site, any Services or any information, other than the limited right to use this site, the Services or the information according to the terms of this agreement and the policies and procedures that Fig Design Group may adopt and make available on this site from time to time. Fig Design Group may terminate your access to this site at any time. This site is for your personal, non-commercial use.

This site contains information proprietary to Fig Design Group and its business partners and customers (the "Information") including but not limited to (i) the site’s look, feel and embodied know-how, ideas, concepts and images and (ii) information and data related to Fig Design Group, its business partners and its or their customers. You acknowledge that this Information may be treated as confidential by Fig Design Group, its business partners and customers and agree to take all reasonable measures to protect the confidentiality of the Information. This site is protected by U.S. copyright law and international treaties. 

Our business partners or customers providing or using Information that is made available on this site, including yourself, are solely responsible for the accuracy and content of the Information supplied or used and agree not to supply any Information that infringes the intellectual property rights of any other party or that is misleading, fraudulent, defamatory, libelous, threatening, harassing, injurious to minors, pornographic, obscene or illegal. You agree (i) not to retransmit, publicly display, sell or use the Information provided for business purposes, and (ii) not to alter or remove any of the Information or any consent or other proprietary notice or legend on any of the Information, other than Information that you have supplied. You agree to comply with all applicable laws and regulations regarding your access to and use of the site and the Services. You must be at least 13 years of age to use the Site.

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY SITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

The information and all other materials on this site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this site or any website with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Site Errors

In the event a product is listed on the site at an incorrect price or with incorrect information, orders for such products will be revised to reflect the correct price or information. Fig Design Group reserves the right to reject any orders placed on the site.

Personal Information

In order to access and use the site or to order products through the site, you may be required to provide information about yourself (such as your name and contact details). You agree to provide us with accurate information. Our current practices related to personally identifiable information collected through the site are set forth below. We may update our privacy policy and practices from time to time at our sole discretion.

Links to Other Sites

This site may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-Fig Design Group website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

Exclusion of Liability

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this site or any site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country, and jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. The limitations and exclusions set out in these Terms of Use are inapplicable within the State of Texas to the extent they disclaim liability for Fig Design Group’s own negligent, willful, or intentional conduct, or violation of any clearly established duty owed by Fig Design Group to exercise reasonable care in preventing the unlawful acts of others.

Your Indemnification Obligations

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this site (including any information, materials, products or services available through this site).

Your indemnification obligation does not apply in the State of Texas for any claim, liability, loss, expense or demand, including legal fees, arising out of Fig Design Group’s own negligence.

Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this site (or any portion thereof) and/or the information, materials, products and/or services available through this site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this site.

Law & Jurisdiction

These Terms of Use shall be subject to, governed by and construed under the laws of the State of Texas in the United States of America, without regard to conflict of law principles. This site is operated from the State of Texas and is intended to be accessed only by persons in the United States. Access to, or use of, this site or information, materials, products and/or services on this site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this site.

You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the State of Texas and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.