Terms of Use

Welcome to the Terms of Use section of our online store.

Below you'll find the Terms of Use for our online store.

Terms of Use

Privacy Policy. Please review our Privacy Policy with regard to information collected by Mary Jo's Cloth Store, a North Carolina corporation (the "Company"). The Privacy Policy, as it may be amended from time to time, is hereby incorporated by reference into these Terms of Use (the "Terms"). The Company reserves the right to modify the Terms from time to time without prior notice.
Products and Services. The Company offers products and services for purchase through the MaryJos.com Internet site (the "Site"). Your use of the Site and the products and services provided by the Company are expressly conditioned upon your agreement to the Terms.
License by the Company. The Company grants you a limited, non-exclusive, revocable license to access and make personal use of Site. Such license does not include the right to download, modify or use all or any part of the Site except as expressly permitted in the Terms or otherwise in the Site. Any unauthorized use of the Site terminates the permission or license granted hereby.
License by You. If you post "Content" (as defined in the Terms) or submit material through use of the Site, you grant the Company and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce and modify such Content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; and that use of the Content you supply does not violate the Terms and will not cause injury to any person or entity.
Your Obligations. In connection with your use of the Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site and, as applicable, to maintain such information. If you provide any information that is not true, not accurate, not current or not complete, or the Company has reasonable grounds to suspect that such information is not true, not accurate, not current or not complete, the Company has the right to suspend or terminate your account(s) and refuse any and all current or future use of all or a portion of the Site.

You understand that all pictures, information, data, graphics, or other materials ("Content") are the sole responsibility of the person from whom such Content originated. The Company does not control the Content not posted by it via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree to not use the Site to:
1. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or otherwise objectionable in the Company's sole discretion
2. Harm minors in any way or "Stalk" or otherwise harass another
3. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity
4. Upload or otherwise transmit any Content that you do not have a right to transmit including, but not limited to, Content restricted by law or by any contractual or other obligation binding upon you
5. Upload or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party
6. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site
7. Intentionally or unintentionally violate any applicable local, state, national or international law or any rules or regulations having the force of law
8. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals
International Use of Site. You agree to comply with all local, state, national and international rules regarding online conduct and acceptable Content which may be applicable to you. Information published on the Site may reference products and services that are not announced or available in your country. Any or all products and services offered through the Site may not be available to you because of local law or your country of residency.
Purchases via the Site. All items purchased from the Company are made pursuant to a contract for shipment with third parties. This means that the risk of loss and title for such items pass to you upon our delivery of such items to a third party for delivery. The Company attempts to be as accurate as possible in its descriptions of the products and services available through the Site. However, the Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Company is not as described, your sole and exclusive remedy is to return it in unused condition.

All prices are listed in U.S. dollars. The Company cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items on the Site may be mispriced or otherwise misidentified. If an item's correct price is lower than our stated price, we will charge you the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Parties other than the Company and its subsidiaries may offer products or services through this Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Internet sites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Indemnity. You hereby agree to indemnify, defend, reimburse and hold harmless the Company and its affiliates from any against any and all losses, damages, claims, costs or expenses, including reasonable attorneys fees and court costs, arising from or related to, directly or indirectly, any violation of the Terms or Privacy Policy by you or any unauthorized use of the Site by you.
Termination. You agree that the Company may, in its sole discretion, terminate your account(s) and/or use of the Site and remove and discard any Content within the Site for any reason. You agree that any termination of your access to the Site may be effected without prior notice. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Site.
Links. The Site may contain links to other Internet sites and may contain advertisements for other Internet sites, businesses or individuals. The Company has no control over such sites and resources, and you acknowledge and agree that the Company is not responsible for the availability of such sites or the content of such sites. The Company does not endorse and is not responsible or liable, directly or indirectly, for any content or other materials on or available from such sites or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content or other materials from such sites.
Proprietary Rights. The Site and any software and/or programming code used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. All Content on the Site is the sole and exclusive property of the Company or is used by the Company with the permission of the owner. You agree not to access the Site by any means other than through the interface that is provided by the Company for use in accessing the Site. The Company's intellectual property, including, but not limited to any trademarks and/or copyrights of the Company and any intellectual property licensed by the Company, may not be used by any person or entity without the Company's express written consent.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. THE COMPANY MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
General. The Terms constitute the entire agreement between you and the Company, govern your use of the Site, and supercede any prior agreements between you and the Company. The Terms and the relationship between you and the Company are governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within Gaston County, North Carolina. The Company's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of any such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, such court shall endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. These Terms are binding upon and shall inure to the benefit of you, the Company, and your and the Company's respective heirs, successors and assigns.

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