JMG Fabric is committed to protecting your privacy. We will not sell or disclose any information that identifies you to a third party without your prior approval. We may use the information we collect to periodically notify you about new services or special offers we think you'll find valuable. If you would rather not receive this information, please contact us via email or call us at 209-827-1808.
JMG Fabric does not sell, trade or rent your personal information to others.
Thank you for visiting JMGFabric.com®. We encourage you to spend some time on our website and fulfill your creative needs.
Please review the following Terms and Conditions of Use (read the "Terms" carefully before using JMGFabric.com®. and before purchasing products or services (the "Product"), or obtaining content from our website. These Terms contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
1. Agreement to Terms and Conditions of Use
These Terms apply to your use of our website. These Terms also apply to your purchase of Product sold on the website. By using this website, accessing information on this website, ordering Product or accepting delivery of Product, it means that you have read, understood, and agreed to these Terms, and it forms a legally binding agreement to these Terms. These Terms constitute the entire and only agreement between JMG Fabric and you regarding your use of our website. All prior or contemporaneous representations, warranties, conditions and understandings regarding your use of our website, or your purchase of Product, are specifically disclaimed and superseded by these Terms.
If you do not agree with these Terms, or if you disagree with specific parts of these Terms, then do not use our website. Your continued use of our website means that you have agreed to the Terms. You cannot use our website, and at the same time object to these Terms. Your use of our website is at your sole risk.
2. Changes to the Terms
(a) We reserve the right to change these Terms at any time, without prior notice to you or to other users of our website. Your continued use of our website after the Terms are changed constitutes your agreement to the changes that were made, and your continued agreement to be bound by these Terms, as so changed. At the bottom of these Terms you can find the date that the Terms were last changed. If you are not satisfied with our website or these Terms, your only remedy is to stop using our website.
(b) Access to our website and the use of information, materials, products or services provided through our website, is not intended, and is prohibited, where such access or use violates applicable laws or regulations.
3. Users must be Legal Age of Majority
Our website is a business website designed for persons who have reached the age of majority in the state, province or territory in which they reside. Any user of our website represents to us that he or she has reached the legal age of majority in the state, province or territory in which they reside. If you are between ages 13 and the legal age of majority, and continue to use our website, then your parent / legal guardian represents to us that he or she consents to these Terms on your behalf, and that she or he consents to your use of our website. A parent / legal guardian of a child between ages 13 and the legal age of majority is solely responsible for their child?s use of this website, including all financial charges. We are not liable for any damages that may result from a user?s misrepresentation of age. No one under age 13 is authorized to submit or post any information, including personally identifying information, on our website. Under no circumstances may anyone under age 13 use our website, except to browse. Parents or legal guardians of children under 13 cannot agree to these Terms on their behalf.
4. Compliance with Laws
(a) The material on our website is intended only for personal use. No part of any content, form, project, pattern, design, written instruction, image, photograph, text or document accessible at our website may be incorporated into any information retrieval system, whether electronic or mechanical.
(b) When you use our website, you must not: (1) violate any law, statute, ordinance or regulation; (2) subject our website to any virus, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, corrupt or expropriate any system, data or personal information; (3) create liability or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (4) place an undue burden on the software and hardware used with our website, (5) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass e-mails; (6) seek to obtain personally identifiable information from other users of our website; or (7) modify or alter any part of our website.
(c)The posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be a criminal offense or violation of any law, is prohibited.
(d) You agree to comply with all applicable laws and regulations of the 50 states, of the United States, of Canada, and the applicable provinces and territories of Canada. You agree and represent to us that you are not buying Product for export outside the United States, unless you are buying Product from Canada and shipping directly to Canada, in which case you agree and represent to us that you are not buying Product for export outside of Canada and you are not buying Product for shipment to Quebec.
(e) We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to our website for any reason, at any time, without notice.
5. Disclaimer of Warranties and Limitation of Liability
(A) WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF OUR website AND THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OUR website. WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT. OUR website IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS.
(B) WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, THE PROVISION OF SERVICES AND SUPPORT, LOSS OF, OR DAMAGE TO, PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR NATURE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT: (1) RESULTS FROM PRODUCT NOT BEING AVAILABLE FOR USE, (2) RESULTS FROM YOUR USE OF OR INABILITY TO USE THE website OR ANY website WITH WHICH IT IS LINKED, OR (3) IS CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE website, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE website, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(C) YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
(D) YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE PURCHASE PRICE (PLUS SHIPPING, IF APPLICABLE) INVOICED FOR THE PRODUCT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY AND SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, WILL NOT EXCEED U.S. $100. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THE REMEDIES SET FORTH IN THESE TERMS APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
(E) NOTE: THE ABOVE DISCLAIMERS DO NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT MANUFACTURER.
You agree to indemnify, defend, release, and hold harmless us, employees, and agents from any liability, loss, claim, fine, penalty, and expense, including without limitation, reasonable attorney's fees, related to your violation of these Terms, or your access or use of the website or any of the information or materials available, or Products purchased, through our website.
(a) The content, text, organization, selection and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion, and all other matters related to our website, including without limitation, the "look and feel" of our website, are protected under applicable copyrights, trademarks, and other proprietary rights and are our property, or are included with the permission of the owner, and are protected under copyright and trademark laws. You do not acquire ownership rights when viewing this website. All software used on this website is the property of JMG Fabric or its software suppliers and is protected by U.S. and international copyright laws.
(b) All logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress, and trade names displayed, cited or otherwise indicated on our website are trademarks of ours, our affiliates, or of other third parties. The copying, redistribution, use or publication of our marks or any third party marks is prohibited.
(a) Any cause of action by you with respect to our website (and/or any information, Product purchased or services related thereto) must be instituted within one year after the cause of action arose, or it is forever waived and barred. All actions are subject to the limits set forth in these Terms.
(b) The language in these Terms will be interpreted as to its fair meaning and not strictly for or against either party. If any part of these Terms is held invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. To the extent that anything in or associated with our website or Product is in conflict or inconsistent with these Terms, these Terms control.
(c) Our failure to enforce any provision of these Terms is not a waiver of such provision, or of the right to enforce such provision. No agency, partnership, joint venture, or employment is created as a result of these Terms, your use of our website, or your purchase of Product.
These Terms were last updated in August 2018.