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Copyright, Trademark and Warranty Disclaimer
Copyright © 1996 - 2022 All Right Reserved.
All pages, pictures and images and anything else displayed within this Internet site ("Site") are the property of Mignon Faget, Ltd. and/or its affiliates. HARDWEAR™ is trademark of Mignon Faget, Ltd. No portion of the material on these pages may be copied, reprinted, republished or otherwise used in any form without the express written permission of MIGNON FAGET, LTD. and/or its affiliates.
THIS SITE, INCLUDING ANY CONTENT AND INFORMATION CONTAINED WITHIN IT, ANY SITE-RELATED SERVICE, AND ANY PRODUCT OR SERVICE PURCHASED OR MADE AVAILABLE THROUGH THE SITE, IS PROVIDED "AS IS" WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
WITH RESPECT TO ANY THIRD PARTY PRODUCTS OR SERVICES DESCRIBED OR MADE AVAILABLE IN CONNECTION WITH THE SITE, YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS OR SERVICES IS PROVIDED SOLELY BY THE THIRD PARTY PROVIDER OF SUCH PRODUCTS OR SERVICES, AND NOT BY THE MIGNON FAGET, LTD. SHOP, ITS OWNERS, SPONSORS, SITE DEVELOPERS OR AGENTS.
THE MIGNON FAGET, LTD. SHOP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY OTHER WEB SITE THAT YOU MAY BE ABLE TO ACCESS THROUGH THIS SITE; YOU UNDERSTAND THAT THE MIGNON FAGET, LTD. SHOP HAS NO CONTROL OVER THE CONTENT OF SUCH OTHER SITES. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO AND/OR USE OF THE SITE AND/OR RELATED PRODUCTS OR SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ANY OTHER SITE ACCESSIBLE THROUGH THIS SITE, AND ANY SITE-RELATED PRODUCTS OR SERVICES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED PRODUCTS OR SERVICES, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS OR SERVICES. THE MIGNON FAGET, LTD. SHOP, ITS OWNERS, SPONSORS, SITE DEVELOPERS, AGENTS, THIRD PARTY SUPPLIERS AND LICENSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED PRODUCTS, SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE OR LINKED TO OR FROM THE SITE.
A possibility exists that MIGNON FAGET, LTD. could include inaccuracies or errors and that unauthorized additions, deletions and alterations could be made to the Site by third parties. Although THE MIGNON FAGET, LTD. SHOP attempts to ensure the integrity of the Site, it makes no guarantees whatsoever as to the completeness, correctness or accuracy of the Site. In the event that such an inaccuracy arises, please inform THE MIGNON FAGET, LTD. SHOP so that it can be corrected. In many instances, the content available through the Site represents the opinions and judgments of the respective information provider or Site user, or other user not under contract with THE MIGNON FAGET, LTD. SHOP. THE MIGNON FAGET, LTD. SHOP neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than authorized THE MIGNON FAGET, LTD. SHOP employee spokespersons while acting in their official capacities. Under no circumstances will THE MIGNON FAGET, LTD. SHOP be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site.
Mignon Faget, Ltd.
3801 Magazine Street
New Orleans, LA 70115 US
Phone: (800) 375-7557
Fax: (504) 891-2057
This Site may contain links to other Web sites operated by third parties ("Linked Sites"). You acknowledge that THE MIGNON FAGET, LTD. does not endorse the Linked Sites and is not responsible for any content that appears on the Linked Sites. You also acknowledge that the respective owners of the Linked Sites neither endorse nor are affiliated with THE MIGNON FAGET, LTD. SHOP.
You acknowledge that THE MIGNON FAGET, LTD. SHOP is not liable for the defamatory, offensive or illegal conduct of other users or third-parties, and that the risk of injury from the foregoing rests entirely with you.
VOID WHERE PROHIBITED
Although the Site is accessible worldwide, not all products or services discussed or referenced in the Site are available to all persons or in all geographic locations or jurisdictions. THE MIGNON FAGET, LTD. SHOP reserves the right to limit, in its sole discretion, the availability of the Site and/or the provision and quantity of any product or service to any person, geographic area or jurisdiction it so desires. Any offer for any product or service made in connection with the Site is void where prohibited.
CODE OF CONDUCT
While using the Site or Site-related services, you agree not to: • Restrict or inhibit any other user from using and enjoying the Site and services; • Post or transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information or materials, or any information or materials that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; • Without THE MIGNON FAGET, LTD. SHOP's prior written approval, post or transmit any advertising, promotion or solicitation of goods or services for commercial purposes (including, without limitation, the solicitation of users of the Site to become users of other online services competitive with THE MIGNON FAGET, LTD. SHOP);
- Post or transmit any information or software that contains a virus, worm, trojan horse or other harmful or disruptive component;
- Post or transmit materials in violation of another party's copyright or other intellectual property rights (you acknowledge that the burden of determining whether any material posted or transmitted to the Site by you is protected by a third party's copyright rests solely with you);
- Use the Site for any commercial or unlawful purposes; or
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
THE MIGNON FAGET, LTD. SHOP has no obligation to monitor the Site or Site-related services. However, you acknowledge and agree that THE MIGNON FAGET, LTD. SHOP has the right to monitor the Site and Site-related services, including without limitation chat rooms and forums, and to disclose to any third party any information in order to operate the Site properly, to protect itself and its customers and to comply with legal obligations or governmental requests. THE MIGNON FAGET, LTD. SHOP reserves the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement. THE MIGNON FAGET, LTD. SHOP also reserves the right to immediately terminate any individual's use of the Site and/or such user's password(s) or account(s) in the event of any conduct by such user which THE MIGNON FAGET, LTD. SHOP, in its sole discretion, considers to be unacceptable, or in the event of any breach by such user of this Agreement. Such termination may occur without notice to the user.
You agree to indemnify, defend and hold harmless THE MIGNON FAGET, LTD. SHOP from and against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct and/or (c) your activities in connection with the Site or Site-related services.
You acknowledge and agree that, by submitting any text, images, data, or other materials ("Content") to THE MIGNON FAGET, LTD. SHOP, you grant to THE MIGNON FAGET, LTD. SHOP a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to link to, use, reproduce, transmit, modify, adapt, publish, display, distribute, translate, and sublicense such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Further, by submitting Content to THE MIGNON FAGET, LTD. SHOP, you acknowledge that you have the authority to grant such rights to THE MIGNON FAGET, LTD. SHOP. The foregoing provisions regarding Content are for the benefit of THE MIGNON FAGET, LTD. SHOP, its subsidiaries, and its third party content providers and licensors, and each shall have the right to assert and enforce those provisions directly or on its own behalf.
USE OF SECURE AREA AND PASSWORD
Use of any password-protected area of the Site is restricted to the individual who has been given permission and a password to enter such area (the "Authorized Party"). The password cannot be distributed to others, and the Authorized Party is responsible for any and all damages to THE MIGNON FAGET, LTD. SHOP resulting from the distribution of his or her password. If more than one individual wishes to use a single password belonging to an Authorized Party, such Authorized Party must request permission from THE MIGNON FAGET, LTD. SHOP in writing, it being understood that THE MIGNON FAGET, LTD. SHOP shall be under no obligation to approve any such request.
Any comments or materials sent to THE MIGNON FAGET, LTD. SHOP, including but not limited to feedback data, comments and suggestions ("Feedback"), shall be deemed to be non-confidential. THE MIGNON FAGET, LTD. SHOP shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, THE MIGNON FAGET, LTD. SHOP shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
THE MIGNON FAGET, LTD. SHOP shall have the right at any time to (a) change the terms of this Agreement, (b) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability, or limiting the amount of use permitted, or (c) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services or any feature thereof. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic mail, or by conventional mail. Your use of the Site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review this Agreement periodically to ensure familiarity with the most current version.
This Agreement is entered into in the State of Louisiana and shall be governed by and construed in accordance with the laws of the State of Louisiana, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the City of New Orleans in the State of Louisiana, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.