The Site is provided as a service to our customers. Your use of the Site is governed by these Terms. By using the Site, you agree to be bound by these Terms. We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review the Terms whenever you use or access the Site. If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms.
By accepting these terms and conditions through your use of the website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.
All trademarks, service marks and trade names on this site, including without limitation, “EQUAL INTERVAL SYSTEM”, “EIS” (alone and in combination with its geometric design), “LYLE ‘SPUD’ MURPHY’S” and “HORIZONTAL COMPOSITION” are property of Lilith Murphy. No use of these may be made without the prior written authorization of Lilith Murphy, except to identify the products or services of EIS. The products, services, logos, designs, advertisements and images described and/or displayed on this site may be intellectual property with rights reserved by Lilith Murphy or by other third parties. No license is granted with respect to these intellectual property rights.
All materials, including images, illustrations, text, designs, logos, icons, photographs, video clips, audio clips, garment and fabric designs, and written and other materials appearing on this site, as well as this site as a whole and software used in the design and development of this site (collectively, the “Content”), are protected by copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Lilith Murphy, her subsidiaries and/or affiliates.
The Content of this Internet site, and this site as a whole, are intended solely for personal, noncommercial use by the users of this site. You may download or copy the Content and other downloadable materials displayed on this site for your personal, non-commercial use only, provided you do not modify, obscure, or delete any copyright or other propriety notices on this site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this site, or any related software.
Communications And Submissions
All communications, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to EIS on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (“Submissions”) shall be and remain Lilith Murphy’s property. Such disclosure, submission or offer of any comments shall constitute an assignment to Lilith Murphy of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the submissions. Lilith Murphy will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. Lilith Murphy shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowledge disclosed therein, for any purpose, including the development, manufacturing and/or marketing of goods or services. By your participation in surveys, contests or promotions on this site, and/or the request of promotional information or product updates, you hereby agree that EIS and Lilith Murphy may use information about you for marketing, product development and promotional purposes. Neither EIS or Lilith Murphy are under any obligation to maintain any submissions in confidence, to pay users any compensation for any submissions, or to respond to user submissions. You agree that no submissions by you to this site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). In addition, you agree that no submissions by you to this site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any submissions you make.
Privacy of Personal Information
EIS is responsible for the personal information that you provide to us or that we obtain from you on this Site. The personal information you provide will be used to process your orders and ensure deliveries to you, to perform any credit assessments, and to provide marketing offers and information on our catalogs to you. The information you provide is only available to EIS and will not be shared with third parties. You have the right to request and inspect the information we hold on you. You always have the right to request EIS to delete or correct the information we hold on you. By accepting the Terms, you consent to our handling of your personal information in this manner.
Accuracy of Information and Products
We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.
Links to Third Party Sites
The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by either EIS or Lilith Murphy of the content or materials on these websites. Your access to these third party websites is at your own risk and neither EIS or Lilith Murphy will have any liability arising out of or related to such websites or your access to or use of such websites.
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. B.YELLOWTAIL DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR — USE OF THIS SITE, THAT YOUR — USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU — USE IN CONNECTION WITH YOUR — USE OF THIS SITE, AND THAT NEITHER EIS OR LILITH MURPHY SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR — USE OF THIS SITE.
Limitation Of Liability and Indemnity
You agree to defend, indemnify and hold EIS and Lilith Murphy, their directors, officers, employees, instructors, agents, affiliates, and subsidiaries harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of this site and your use of the products or services depicted on this site or EIS textbooks and other materials. Neither EIS, Lilith Murphy nor their corporate affiliates, nor the directors, officers, employees, instructors, agents, contractors, affiliates, successors or assigns of each, shall be liable for any damages or injury resulting from your access to, or inability to access this site, from your reliance on any information contained in this site, or from your use of any of the products or services depicted on this site or in EIS’s textbooks and other materials. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if EIS is notified in advance of the potential for any such damages.
Neither EIS or Lilith Murphy shall be under any liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these legal conditions if the same is wholly or partly caused by circumstances beyond our reasonable control. Such circumstances may include acts of God, fire, flood, war, public disaster, strikes or labor difficulties, governmental enactment, regulation or order, or any other cause beyond EIS’ control.
If you are dissatisfied with our Site, our services or the products listed, your sole and exclusive remedy is to discontinue use of the Site.