Terms of Use

Thank you for using our website and its services (“Site”). This website is provided by Wilkhahn, Inc., a Delaware corporation (“Wilkhahn”). By using our website, you are agreeing to these terms. Please read them carefully.

USE OF MATERIALS

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, videos, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Wilkhahn, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. Wilkhahn reserves the right to refuse or cancel any person's registration through this Site, remove any person’s registration from this Site or prohibit any person from using this Site for any reason whatsoever. Wilkhahn, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is terminable and revocable at any time at Wilkhahn's sole discretion.

USE OF SITE

You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any third party or otherwise give rise to liability or violate any law, rule or regulation; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam."

You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

If you do submit material, and unless we indicate otherwise, you grant Wilkhahn and its affiliates an unrestricted right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media.

WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME WITH OR WITHOUT REASON OR CAUSE WITHOUT NOTICE.

LINKS

This Site may contain links to other websites, some of which are operated by Wilkhahn or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Wilkhahn is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites. Wilkhahn has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Wilkhahn will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Wilkhahn from any and all liability arising from your use of any third-party website.

TRADEMARKS AND COPYRIGHTS

Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of Wilkhahn, its licensors or content providers. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without Wilkhahn's prior written permission. Wilkhahn reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States of America and other countries.

 

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS.

WILKHAHN DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS USE WILL: (I) BE UNINTERRUPTED OR TIMELY, (II) BE SECURE, FREE OF INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, (III) MEET YOUR REQUIREMENTS, OR (IV) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILKHAHN MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS OF SERVICE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WILKHAHN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. WILKHAHN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WILKHAHN NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WILKHAHN, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER WILKHAHN NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.

YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DISSATISFACTION WITH, OR INABILITY TO USE, THE SITE IS TO CEASE THE USE THEREOF. WILKHAHN AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON­INFRINGEMENT.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Wilkhahn and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including attorneys' fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including attorneys' fees and court costs, arising or resulting from that disruption.

JURISDICTION AND APPLICABLE LAW

These Terms of Use shall be governed by the laws of the State of Delaware and you irrevocably consent to the jurisdiction of the courts located in the State of New York for any action arising out of or relating to these Terms of Use. You acknowledge and agree that such courts are convenient forums and irrevocably submit to the personal jurisdiction of such courts. YOU AND WILKHAHN WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT.

CHANGES TO THESE TERMS OF USE

Wilkhahn reserves the right, in its sole discretion and at any time, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time.

ENTIRE AGREEMENT AND ADMISSIBILITY

These Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Wilkhahn with respect to the use of this Site and all related matters. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings relating to use of the Site or any related matter.

SEVERABILITY

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions thereof will remain in place. Last updated:

February 26, 2016.