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Terms and Conditions
Welcome to the Brewster Wallpaper Corp. (“Brewster”) World Wide
Web Site (the "Site"). Your access to and use of the Site is subject
to the following terms and conditions and all applicable laws. By accessing
and browsing the Site, you accept, without limitation or qualification, these
Terms and Conditions and acknowledge that any other agreements between you and
Brewster are superseded and of no force or effect.
License and Site Access
The information published on the Site is provided without charge as a convenience to you to be used for informational purposes only. While Brewster has tried to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time without notice.
Brewster grants you a limited license to download material displayed on the Site for noncommercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Brewster's written permission or as permitted in the text on the Site. If you are interested in using any materials displayed on the Site for public or commercial purposes, then please contact the Brewster Marketing Department to discuss such use.
Copyright
Except as otherwise noted, everything you see or read on the Site, including but not limited to digital images, designs, the compilation of all content and all software used, is the property of Brewster or its content suppliers and protected by United States and international copyright laws, and may not be used or reproduced except as provided in these Terms and Conditions or in the text on the Site without the written permission of Brewster. Brewster neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Brewster.
Trademarks
The trademarks, logos and service marks, including but not limited to BREWSTER, ANDOVER, BEACON HOUSE, BIRGE, DESIGNS FOR LIVING, ENCORE, FINE DÉCOR, INTERNATIONAL, JOLIE, KENNETH JAMES, MIRAGE, PARKVIEW DESIGNS, RALPH LAUREN CLASSICS and VINTAGE (collectively, the "Trademarks"), displayed on the Site are registered and unregistered Trademarks of Brewster and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Brewster. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Brewster will aggressively enforce its intellectual property rights to the fullest extent of the law.
Disclaimers and Limitation of Liability
Your use of and browsing in the Site are at your own risk. Neither Brewster, any of its agencies nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, punitive, special, indirect or consequential damages, or any other damages of whatsoever kind resulting from whatever cause, including but not limited to loss of use, loss of profits or loss of data, whether in an action under theories of contract, negligence or strict liability or otherwise, arising out of or in any way in connection with the use or performance of the information on, or accessed through, the Site.
Without limiting the foregoing, everything on the Site is provided to you "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT.
Some jurisdictions do not allow the exclusion of implied warranties in certain
situations, so the foregoing disclaimerS may or may not apply to you, either
in whole or in part. Brewster also assumes no responsibility, and shall not
be liable for, any damages to, or viruses that may infect your computer equipment
or other property on account of your access to, use of, or browsing in the Site
or your downloading of any materials, data, text, images, video or audio from
the Site.
Brewster does not warrant the accuracy or completeness of the information, text,
graphics, links or other items contained on the Site, and Brewster expressly
disclaims liability for errors or omissions in these materials. Brewster makes
no commitment to update the information contained on the Site. Brewster has
not reviewed any or all of the sites linked to the Site and is not responsible
for the content of any off-site pages or any other sites linked to the Site.
Your linking to the Site, off-site pages or other sites is at your own risk
and without the permission of Brewster.
Brewster expressly disclaims all liability for the use or interpretation by
others of information contained in the Site. Decisions based on information
contained in the Site are your sole responsibility, and in exchange for using
the Site you agree to hold Brewster and its parents, affiliates and subsidiaries
and each of their stockholders, directors, officers, employees and agents harmless
from and against any and all claims and damages arising from any decisions that
you make based on such information. Nothing contained in the Site constitutes
investment advice.
Other Businesses
Reference in the Site to any products, services, processes, hypertext links or other information, by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply Brewster's endorsement, sponsorship or recommendation.
Communications with Brewster
Technical questions or comments about the Site may be directed to contactus@brewsterwallcovering.com. General questions and inquiries regarding the use of any materials displayed on the Site may be directed to the Brewster Marketing Department at (781) 963-4800. By providing information (such as feedback, data, answers, questions, comments, suggestions, plans or ideas) to Brewster, you agree that such information shall be non-confidential and that Brewster shall have unlimited rights to use (or not use), distribute (or not distribute), reproduce (or not reproduce), and disclose (or not disclose) such information worldwide as Brewster deems appropriate, without compensation or acknowledgment of its source. Brewster shall be free to use any ideas, concepts, know-how or techniques contained in information you provide Brewster through the Site.
Applicable Law
You are accessing the information on the Site on a server in Massachusetts. You agree that these Terms and Conditions and your use of the Site shall be governed by the laws of the Commonwealth of Massachusetts. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Boston, Massachusetts in all disputes arising out of, relating to or concerning this Site and/or these Terms and Conditions.
Modification of Policies
Brewster may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Policies
PRICING OF ROLLS OF WALLPAPER
The manufacturer’s suggested retail price shown in the website for a roll of wallpaper is the price for a single roll of wallpaper. In addition, the wallpaper calculator available on the website calculates the number of rolls needed for a particular room based on the amount of wallpaper contained in a single roll. The calculation of the number of rolls of wallpaper needed for a particular room is an estimate only and the actual amount of wallpaper needed may be more or less than indicated by the calculator.
Important Note: Rolls of wallpaper are generally sold as double rolls – in other words, the equivalent of two single rolls of wallpaper is contained in each double roll of wallpaper generally for sale by your local retailer. Therefore, when you purchase wallpaper, you generally may only purchase wallpaper in two-roll increments. For example, if you need four single rolls of wallpaper for a particular room, you will purchase four single rolls of wallpaper from your local retailer, but you will receive two double rolls of wallpaper. You may locate your local retailer using our Retailer Locator.
ONLINE SECURITY
We have implemented reasonable measures to maintain the safety and security of your personal information. Please see the Privacy Policy for information regarding the personal information which is collected on this website and how such personal information may be used.
COLOR ISSUES
Due to potential color differences among computer monitors and between computer
monitors and computer printers, we cannot guarantee that the color you see on
your computer monitor or any sample which you print on your computer printer
is an exact color reproduction of the actual product. In addition, color may
vary between product lot numbers. Therefore, in order to be sure that the product
you are interested in is suitable for the purpose for which you intend it, we
suggest that you visit your local retailer or obtain a sample of the product
through your local retailer. You may locate your dealer using our Retailer
Locator.
Rev. March 2003