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Conditions of Use

Acceptable Use

As a condition of your use of this Site, you warrant to Elliott Bay Imports that you: Will only use this Site for lawful purposes in accordance with our terms and conditions. Agree with our online Privacy Policy. Agree to honor our intellectual property rights. Agree to provide us with accurate information as necessary for the proper conduct of electronic commerce through our Site and to take responsibility for the information you provide. Acknowledge that we may be unable to process and shall have no responsibility to process transactions the accuracy of which we cannot validate. Agree not to create a link (other than personal "bookmark" or "favorites" entry) to our Site without first obtaining our written permission. Will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any e-mail or form entry created through this Site.

Indemnification

You shall indemnify, defend and hold harmless Elliott Bay Imports (U.S.), Inc., its parent, subsidiary and other affiliated entities, and all their officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site. Elliott Bay Imports reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Elliott Bay Imports.

Links to other Web Sites

The Site may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third party sites, maintained by third parties, does not constitute an endorsement by Elliott Bay Imports or any of its parent companies, subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Elliott Bay Imports or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Elliott Bay Imports or any of its affiliates. You should direct any concerns regarding any external link to its site administrator or webmaster. Elliott Bay Imports does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Elliott Bay Imports reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.

Other Sites

Our Site may contain links to other sites. Other sites may also reference or link to our Site. Elliott Bay Imports is not responsible for the privacy practices or the content of such other sites.

Disclaimer of Warranties and Damages; Limitation of Liability

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS 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. NEITHER Elliott Bay Imports NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. Elliott Bay Imports AND ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO Elliott Bay Imports' NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL Elliott Bay Imports, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Elliott Bay Imports, ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.

Rights to Materials Provided by Users

Elliott Bay Imports welcomes your comments regarding our merchandise and services, including the Site. However, any or all material and information provided by you to the Site may be included in a database owned by Elliott Bay Imports and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Site, you grant to Elliott Bay Imports a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Elliott Bay Imports of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against Elliott Bay Imports for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Elliott Bay Imports is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever.

No Responsibility for Transmitted Materials

You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Elliott Bay Imports or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Elliott Bay Imports or any Elliott Bay Imports affiliate, parent company or subsidiary other than pursuant to these terms and conditions of use. Elliott Bay Imports shall not be responsible for the payment of any monies to any party in connection with Elliott Bay Imports' use of Communications submitted by you to the Site.

Policy Acceptance

By using this Site, you signify your assent to our Site Use Policy. If you do not agree to this policy, please do not use our Site. We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. Your continued use of our site following the posting of changes to these terms means you accept these changes.

What if I have more questions?

Contact your support representative at customersupport@elliottbayimports.com for assistance.