PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Agreement”) BEFORE ACCESSING OR UTILIZING THIS WEBSITE.

The following Terms and Conditions of Use apply to any visitor or user (hereinafter referred to as “You”) of the website located at http://www.texturaldesigns.com and any websites (singularly and collectively, “the Site”) that Textural Designs or its subsidiaries (singularly and collectively, “Textural Designs”) own and control. By accessing and using the Site, you hereby agree to be bound by these terms and conditions of use.

The following terms govern your access to and utilization of the Site, and apply to all content, services, materials, software, online communications and other information that is or becomes available on or through our Site (collectively, the “Material”). By accessing and using the Site, you hereby agree to be legally bound by the terms and conditions of this Agreement. If you do not agree to such terms and conditions, you must not use the Site.

TERMS OF USE & LEGAL RESTRICTIONS

Welcome to the Textural Designs website! The webpage intends to be an invaluable resource for you in learning about the comprehensive products and services offered by Textural Designs.

The following terms of use and legal restrictions govern your use of this website (“Site”). Please read these terms carefully before using the Site. Using the Site indicates that you accept these terms:

USE OF SITE & COPYRIGHT

Textural Designs (referred to as “we” and “us”) allows you to view and download the materials at this Site only for your personal, non-commercial use, with the provision that you retain all copyright, trademark, and other proprietary notices from the original materials on any copies of these materials.

You may not adapt or modify the materials from this Site in any way, nor may you publicly display, reproduce, distribute or otherwise utilize them for any commercial or public purpose without our prior written permission.

This Site, including all materials and content, such as text, graphics, images, logos, icons, digital downloads, PowerPoint presentations, and data compilations, is the exclusive property of Textural Designs (http://www.texturaldesigns.com) and/or its content suppliers and protected by United States of America and international copyright laws.

COPYRIGHT VIOLATIONS

You agree that the copy of the Material shall retain all copyright, trademark, and other proprietary notices in the same form and in the same manner as such notices appear on the Material or on the Site. You shall not otherwise distribute, modify, reproduce, post, transmit, or publish the Material without prior written consent from Textural Designs.

When notice of possible copyright infringement is received by Textural Designs, it is our policy to promptly investigate the allegations and take action, up to and including termination of user accounts for verifiable violators.

Please direct all such notifications to: ask@texturaldesigns.com and insert “Re: Copyright Violation” in the subject line (header) of the email.

TRADEMARKS

Any service marks, trademarks, trade names, logos, domain names, and URLs (collectively, the “Marks”) present in the Material or shown on the Site are the property of Textural Designs or third-parties, and no right to use such Marks is granted to you herein. All other Marks not owned by Textural Designs, but that appear on the Site, are the property of their respective owners, who may or may not be affiliated with, linked to, or sponsored by, Textural Designs.

LICENSE & SITE ACCESS

Textural Designs authorizes you to view and download the materials at its Site only for your non-commercial, personal use, with the provision that you retain all trademark, copyright, and other proprietary notices present in the original materials on any copies of these materials.

You may not adapt the materials at this Site in any way, nor may you publicly display, reproduce, distribute, or otherwise utilize them for any public or commercial purpose without the prior written permission of Textural Designs. The use of any Textural Designs logo or image is strictly forbidden.

Any unauthorized use terminates the permission or license granted by Textural Designs under this Agreement.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to pages of the Textural Designs website, http://www.texturaldesigns.com, which will be rescinded if the link is interpreted in a false, misleading, defamatory, or otherwise offensive manner.

To obtain permission to use materials from this Site to promote and market the products and services of Textural Designs on your own site, you may email ask@texturaldesigns.com.

PRODUCT INFORMATION

We have compiled this Site in good faith, for the sole purpose of promoting our business, Textural Designs, and its products and services. No representation is made as to the completeness of the information it contains. Specifically, you should be mindful that this information may be incomplete, may be out-of-date, or may include errors.

Although we have made every attempt to present, as accurately as possible, the colors, product descriptions, services, or other overall content that appears on the Site, it may still contain errors, omissions, or typographical mistakes.

Textural Designs reserves the right to add, revise, correct, or delete any information from its Site at any time without notice.

DISPUTE RESOLUTION & JUDGMENTS

This Agreement is made under and shall be interpreted according to the laws of the State of California. In the event that a conflict arises related to this Agreement, any and all disputes are to be resolved in a court of competent jurisdiction in Orange County, California.

If any action at law or in equity is initiated by either party to interpret or enforce the terms in this Agreement, the party finally prevailing in such legal action (after appeal, if any) shall be entitled to recover from the defeated party reasonable attorney’s fees, costs, and necessary expenses in supplement to any other relief to which the successful party may be entitled.

AGREEMENT-IN-PRINCIPLE

These Terms of Use (including our Privacy Policy and any other documents, policies, or guidelines displayed on the Site) establish the entire Agreement between you and Textural Designs with respect to the subject matter hereof, and set aside/overrule all previous written or oral agreements between the parties with respect to such subject matter.

Textural Designs reserves the right, in our sole discretion, to change, modify or otherwise alter the terms and conditions of this Agreement with or without notice to you. Such changes and/or modifications shall become effective immediately upon the posting thereof on the Site. Your continued use of the Site shall constitute your continuing acceptance of any and all revised terms and conditions.