Last Updated: 3/8/2012
Acceptance of Terms
Mohawk Fine Papers Inc. (“Mohawk” or “we”) provide our Internet sites and the content, products and services offered on or through the sites MohawkConnect.com, MohawkConnects.com, MohawkMakeReady.com, FeltAndWire.com and FeltAndWireShop.com (collectively, the “Services”), to you subject to the following Terms of Service (“TOS”). Your use of the Services in whole or in part constitutes your binding acceptance of these TOS. If you do not agree to these TOS, you should not use the Services.
Some Services have additional posted rules, policies and terms. When you use those Services, you and Mohawk shall be subject to those additional conditions, which are incorporated by reference into these TOS (and, consequently, form part of your agreement with us). In the event of an inconsistency between these TOS and any additional posted conditions or separate usage terms, the provisions of the additional conditions shall control.
We may modify all or any part of these TOS from time to time without notice to you. Your continued use of a given Service after changes to the TOS have been published on that Service constitutes your binding acceptance of the updated TOS. If at any time the TOS are no longer acceptable to you, you should immediately cease all use of the Services.
Description of Services
The Services have been created to support customers, distributors and the public with information, education, communication, and a sales channel for purchasing paper and related products. Not all products are available in all markets.
The Services include a combination of content that we create and third-party content. In addition, some Services may provide you and other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us or others on or through that Service (collectively, the “Postings”).
General Rules of Conduct
Your use of the Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that:
- you will not interfere with or disrupt the security measures of the Services;
- you will not interfere with or disrupt networks connected to the Services, and will comply with all regulations, policies and procedures of such networks.
- you will not use the Services to send or result in the transmission of harmful, illegal or offensive material, including but not limited to spam e-mail;
- you will not use the Services to impersonate any person or entity, harass or stalk any person, or otherwise violate any applicable local, state, national or international law.
Although we reserve the right to edit Postings prior to their inclusion on the Services, as a general matter Mohawk does not screen or monitor such content. Therefore, you understand that you are solely responsible for all Postings and other materials, whether publicly posted or privately transmitted, that are uploaded, posted, emailed, transmitted or otherwise made available from your email address on our through the Services. You further agree that your Postings will not violate these TOS. Specifically, you represent and warrant that your Postings will not contain any material that:
- is false, inaccurate, or misleading, or infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy;
- violates a nondisclosure agreement, or violates any law or regulation (including, without limitation, those governing export control, unfair competition, or false advertising);
- is defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening or harassing, or is obscene or contains child pornography; or
- contains viruses, Trojan horses, time bombs, worms, cancelbots, easter eggs or other computer programming routines that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.
You also agree that you will not interfere or attempt to interfere with the proper working of the Services, any activities conducted on or through the Services, or any networks through which you access the Services.
In sum, Postings do not reflect the views of Mohawk and Mohawk does not verify, endorse, of vouch for any such content. We do, however, enforce these TOS, and if we determine in our sole discretion that any Posting is inaccurate, was posted without authorization, or otherwise does or may violate these TOS, we reserve the right, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse or remove the Posting; (b) revoke the applicable user's right to use the Services; and/or (d) use any technological, legal, operational or other means available to Mohawk to enforce the provisions of these TOS, including, without limitation, blocking specific IP addresses or deactivating the applicable user's registration.
Finally, you specifically grant to Mohawk and its affiliates and service providers (or warrant that the owner of such content grants to Mohawk and its affiliates and service providers) a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, to do the following on and in connection with the Services and any third party sites and services:
- use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all Postings submitted by you or through your account, in whole or in part; use, in whole or in part, your name, likeness, photograph, voice, company name, screen name, e-mail address and/or other identifying information submitted by you as part of or in connection with such Postings (“Image”), and reproduce, publish, create derivative works from, distribute, perform and display materials containing the same; and
- incorporate the Postings and the Image in other works in any form, media or technology now known or later developed throughout the universe, and reproduce, publish, display and otherwise distribute the same.
For sake of clarity, by virtue of the above grant, you also give Mohawk and its affiliates permission to copy your Postings and the Image as part of the normal backup process and/or to archive discussions containing your Postings and/or the Image.
Copyright and Trademarks
All content and design on this site including site design, text, graphics, interfaces, and video, and their selection and arrangements, excluding any of your Postings, (individually and/or collectively, “Material
”) is © Mohawk Fine Papers Inc. Unless expressly noted, you may not reproduce, modify, create derivative works from, display, publicly perform, publish, or distribute any Material without the express written permission of Mohawk or the Material’s owner if Mohawk is not the owner. Requests to re-use content on the site should be direct to [email protected]
Mohawk prohibits any form of data extraction or data mining, or other commercial exploitation of any kind. Likewise prohibited is the use of any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein.
All names, logos, service marks, brands, designs and trademarks displayed on the Services (the “Marks”) are the property of Mohawk Fine Papers Inc. or their respective owners. You may not remove, alter or use any Mark without the express written permission of Mohawk or the Mark’s respective owner.
Notwithstanding the foregoing, we encourage you to link to or quote from the Material on the Services with appropriate attribution.
Some of our Services give users the opportunity to participate in Forums operated by Mohawk or by a third party. We ask that our users exercise appropriate caution when participating in any type of Forum. In particular, please remember that if you publicly disclose personal identifying information, such as your name or email address, in connection with a Forum, the information may be collected and used by others. You should also take reasonable precautions with regard to any material you download from or through Forums (for example, scanning for viruses or other damaging computer programming routines). Finally, you agree to use the Forums only to send and receive messages and material that are proper and related to that particular Forum.
Links to Third Party Sites
Mohawk provides links to third-party websites that we deem interesting, entertaining, useful, or educational. Such links do not imply endorsement of these sites. You agree that Mohawk is providing these links as a convenience to you and further agree that Mohawk is not responsible for the content on these sites.
Directories and Other Membership Listings
Some of our Services allow users to make some of their personal information (including, but not limited to, name, company affiliation and job title) available to other visitors as part of a membership directory or other listing for that Service. Please remember: If you do not want certain information to be available to other Service users, you should not include it in any membership directory listing. As with all other content on the Services, we reserve the right to refuse (or remove) listings in our sole discretion, and without prior notice, if we determine that they are inaccurate, were posted without authorization, or otherwise violate these TOS.
Some of our Services may from time to time conduct promotions, including, but not limited to, auctions, contests and sweepstakes (“Promotions”). Each Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion in which you participate, will be deemed incorporated by reference into these TOS (and therefore a part of your agreement with Mohawk).
, which is incorporated by reference into these TOS (and therefore a part of your agreement with us).
Passwords and Other Security Issues
If we issue you a password, you agree to help protect your information by guarding that password, and by changing it as soon as possible if you believe its security has been compromised. If Mohawk allows you to choose a username and you select, in Mohawk’s sole discretion, one that is obscene, indecent, abusive or which is otherwise objectionable, Mohawk has the right, without prior notice to you, to automatically change your username, delete your Postings under it, deny you access to the Services, or any combination of these options. You may not transfer your registration, password or user name to another person or share it with anyone. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. If you believe your information has been used without your authorization, you agree to notify Mohawk immediately. Phone: 800-543-4776; [email protected]
for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Services.
Notice and Procedure for Making Claims of Copyright Infringement
Mohawk respects the intellectual property of others, and we ask our users to do the same. If you believe in good faith that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please provide Mohawk’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Mohawk’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent c/o Mohawk Fine Paper Inc.
465 Saratoga Street
Cohoes, New York 12047
By phone: (518) 237-1740
By fax: (518) 237-7394
Service Deactivation or Termination
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend or terminate your access to all or any part of our Services;
- Refuse, move or remove for any reason any material that you submit on or through the Services;
- Refuse, move, or remove any content that is available on or through the Services;
- Deactivate or delete your accounts and all related information and files in your account;
- Establish general practices and limits concerning use of the Services.
We may take any of the above actions for any legitimate business reason, as determined by Mohawk in its sole discretion, including, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that we will not be liable to you or any third party for taking any of these actions.
You hereby agree to indemnify, defend and hold Mohawk, its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, licensors, representatives, licensors and suppliers (collectively, the “Mohawk Parties”), harmless from and against any and all liability, losses, expenses, damages and costs (including attorneys' fees), incurred by any Mohawk Party in connection with any claim arising out of your use of the Services, any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit or make available through the Services, your violation of these TOS, or your violation of the rights of any other person or entity.
Disclaimers of Warranties
THE SERVICES, AND MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR UNINTERRUPTED OR ERROR FREE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED. IN ADDITION, ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL.
Without limiting the foregoing, Mohawk is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Services. As between you and Mohawk, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Services, including, without limitation, postings and materials associated with your use of the Services. Under no circumstances shall any Mohawk Party be liable for any loss or damage caused by your reliance on information obtained through the Services. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Services.
Limitation of Liability
IN NO EVENT SHALL ANY MOHAWK PARTY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF SUCH MOHAWK PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE SERVICES, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH SUCH SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY MOHAWK PARTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00). Notwithstanding any claim that a sole or exclusive remedy which is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Mohawk, upon written notice from you to us, attempt to repair, correct or replace any deficient Service and, if repair, correction or replacement is not reasonably commercially practicable for Mohawk, in its sole discretion, to refund any monies actually paid by you for the Service involved and to terminate and discontinue your use of the Services.
Entire Agreement. These TOS, including the policies referred to in these TOS, constitute the entire agreement between you and Mohawk and govern your use of the Services, superceding any prior agreements between you and Mohawk. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other Mohawk services, affiliate services, third-party content or third-party software. These TOS cannot be changed or terminated orally.
Notice. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Services or delivering them to you through email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting the General Counsel, Mohawk Media LLC, 600 Community Drive, Manhasset, New York 11030. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Assignment. You agree that the TOS may be automatically assigned, in whole or in part, by Mohawk or its affiliate to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, in whole or in part.
Choice of Law and Forum. The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of New York, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in New York, New York, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
Waiver and Severability of Terms. The failure of Mohawk to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The services hereunder are offered by Mohawk Fine Papers Inc., 465 Saratoga Street, Cohoes, NY 12047. You may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
This Agreement is effective upon your first use of the Website.