Welcome to our Website and Services. Your access to and use of the Website is conditional based on your acceptance of and compliance with these terms of use and conditions.  These terms apply to all visitors, users and others who access or use the Website.  If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Pleated Empire’s relationship with you in relation to this website. By accessing, browsing, and using this site, you acknowledge that you read, understand, and agree to comply with and be bound by these terms and conditions.   If you disagree with any part of these terms and conditions, you may not access the Website.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Customer", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “Pleated Empire”, "The Company", “The Site”, “Website”, “Ourselves”, “We” and "Us", refers to the to the owner of the website whose registered office is 11161 S. Village Grove Lane, South Jordan, UT 84095, our Company,. “Party”, “Parties”, or “Us”, refers to both the Customer and ourselves, or either the Customer or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Please read the following Terms and Conditions closely before using the Pleated Empire site.  These Terms of Use shall replace any subsequent terms or conditions included by you with any purchase order for Products using the Website, whether or not your terms or conditions are signed by the Company.

 

Privacy Statement

We are committed to protecting your privacy. Only authorized employees within the company on a need-to-know basis only use information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The United State Congress has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with an intent to prosecute and/or take civil proceedings to recover damages against those responsible.

 

Confidentiality

Customer records are regarded as confidential and therefore will not be divulged to any third party, unless legally required to do so to the appropriate authorities. Customers have the right to request sight of and copies of any and all Customer Records we keep, providing we are given reasonable notice of such a request. Customers are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Customers with appropriate written information, fliers, or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be within the provision of agreed services and products.

 

License and Website Access

Pleated Empire grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pleated Empire.

This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pleated Empire. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pleated Empire and its affiliates without express written consent of Pleated Empire. You may not use meta-tags or any other hidden text using the Pleated Empire name or trademarks without the express written consent of Pleated Empire. Any unauthorized use will immediately terminate the license granted by Pleated Empire.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Pleated Empire so long as the link does not portray Pleated Empire or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Pleated Empire in its sole discretion. You may not use any Pleated Empire logo or other proprietary graphic or trademark as part of the link without express written permission of Pleated Empire. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by "deep linking" or otherwise, without prior written permission from Pleated Empire.

 

Your Responsibilities

You agree to comply with all applicable laws in connection with your use of the Website and any further limitations as may be set forth in any written or on-screen notice from Pleated Empire. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. All information that you provide in connection with a purchase or transaction or other interaction with the Website or any co-branded Website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with Pleated Empire or any co-branded Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other interactions.

By using the Website, you agree not to violate or attempt to violate the security of the Website including but not limited to actions like accessing data not intended for you; logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Website; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting.

 

Disclaimer of Warranties and Limitations on Liability

Pleated Empire provides this Website on an "as-is" and "as available" basis. To the maximum extent permitted by law, Pleated Empire disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, as to the operation of the Website. This disclaimer and exclusion also applies to the information, content, third-party content, materials, products, services, or linked services provided on or through the Website, including without limitation:

The information provided through the Website will be free from error, omission, interruption, defect or delay in operation, or from technical inaccuracies or typographical errors;

Excludes all representations and warranties relating to this Website and its contents or which is or may be provided by any affiliates or any other third party, including any inaccuracies or omissions in this website and/or the Company’s literature; neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

That the Website will be available at any particular time or location;

That the defects or errors in service will be corrected; or

That the content on the Website is free from viruses or other harmful components.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

You expressly agree that your use of this Website is at your sole risk. In no event will Pleated Empire, or any party involved in creating, producing, or delivering the Website, be liable for any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the Website or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to Pleated Empire through the Website; or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission computer virus, or line or system failure, whether in an action under contract, negligence, tort, strict liability, or any other theory, even if we have been previously advised of the possibility of such damages. Certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply and you may have additional rights.

 

Accounts and Passwords

If you create an account for using any of the services or features available on the Site, you are responsible for all use of your username and/or password and must keep these details secure.

The Company may close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) which disrupt any of our Services or is an attempt to hide the use of multiple accounts. If you use multiple logins for the purpose of disrupting the Site or other users you may have action taken against all of your accounts.

 

Product Information

Pleated Empire attempts to be accurate in describing its products. We do not warrant that product descriptions or other content of the Website are complete, reliable, current, or error-free. Unless otherwise stated, the prices displayed at the Website are quoted in U.S. Dollars.

 

Colors

We make every effort to display as accurately as possible the colors of our products that appear on the Website. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate.

 

Risk of Loss

All products purchased from the Website are transported and delivered to you by an independent carrier not affiliated with or controlled by Pleated Empire. Title to products purchased on the Website, as well as the risk of loss for such products, pass to you when Pleated Empire delivers these items to the carrier.

 

Cancellation Policy

Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to charge a reasonable fee to cover any subsequent administrative expenses.

 

Termination of Agreements and Refunds Policy

Both the Customer and Pleated Empire have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Availability 
Unless otherwise stated, the services featured on this Website are only available within the United States.  All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns, and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies
Like most interactive web sites this Company’s Website [or ISP] uses cookies to enable us to retrieve user details for each visit and monitor browsing preferences. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies

Links to this website 
You may not create a link to any page of this Website without our prior written consent. If you do create a link to a page of this Website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this Website by linking to it.

Links from this website 
We do not monitor or review the content of other party’s websites which are linked to from this Website. Opinions expressed or material appearing on such websites is not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices or content of these sites. We encourage our users to be aware when they leave our Site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this Site or accessed through this Site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.  Any rights, claims or actions you may have in respect of a linked site can only be brought directly against the owners or operators of the linked site. The Company may receive payments and/or commissions from owners or operators of linked sites and you will not have any claims, benefits or rights on these payments.

Copyright Notice 
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s Services and the full content of this Website.  This content includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

 

Pleated Empire

Pleated Empire's logo is a trademark of this Pleated Empire in the United States and other countries. The brand names and specific services of Pleated Empire featured on this web site are also trademarks.  All trademarks reproduced in this Website, which are not the property of or licensed to the operator, are acknowledged on the Website.

You may use our content for your personal, non-commercial purposes, such as to obtain information about Products and/or place an order for Products using this Site. Except where the law expressly allows, you may not use, reproduce, modify, distribute, post, transmit, distribute, publish or create derivative works from, or use for any commercial purpose, any part of Our Content.

Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.

Pleated Empire reserves all other rights not expressly granted.

All content appearing on this Website is the property of:

PLEATED EMPIRE

11161 S. Village Grove Lane
South Jordan, UT
84095

 

Notice of Copyright or Trademark Infringement

Pleated Empire respects and honors the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes infringement, please provide Pleated Empire with the following information: (1) identification of the copyrighted work claimed to have been infringed; (2) identification of the allegedly infringing material on the Website that is requested to be removed; (3) your name, address, and daytime telephone number, and an valid email address, so that Pleated Empire may contact you if necessary; (4) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

 

Communication

We have several different e-mail addresses for different queries. These and other contact information, can be found on the Contact Us link on our Website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

User Comments

We welcome your comments about the Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us, whether through the Website, email, facsimile, U.S. mail or other means, shall be and remain the exclusive property of Pleated Empire. Your submission of any comments shall constitute an irrevocable assignment to Pleated Empire of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the comments. Pleated Empire and any of its affiliates will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Submitted Content

In the event you submit any content such as ideas, photographs or works of authorship in connection with any contest, sweepstakes or promotion, in consideration of your entry you will, by your submission, be deemed to have assigned to us all right, title and interest in the content you may have and you agree to execute any further documentation to effect or memorialize the transfer.

In connection with submissions to any Forum, we claim no ownership rights in any content (i.e. text, images, photos, video, sounds, or any other materials) that you post, except as provided in these Terms of Use. However, if you do post content on any Forum, you grant us a limited, non-exclusive, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, sublicense and distribute the content in connection with our Website. Further, you agree to waive any "moral rights" associated with the content. If terms other than those provided in these Terms of Use apply to your submission, we will post those terms on the Website at the location of the feature or activity.

You represent and warrant that: (1) you own any content posted by you on the Website, Forum or otherwise submitted to us, and have the right to grant a license as stated in these Terms of Use, and (2) posting and publishing any content on or in connection with the Website, Forum or any offering does not violate any third-party intellectual property, publicity, privacy or contract rights. You will not submit any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. You can only use the Forums in a non-commercial manner.

We may edit or delete any content provided by you at any time at our sole discretion. Further, we may screen or monitor submitted content for legal or other purposes, though we have no obligation to do so.

Your Content

You may be able to upload and publish materials to or through the Site, including text, images, information, comments and other data via email, comment, post, blog, inquiry, or other means (Content).  You create and provide us with Your Content at your own risk and you are personally responsible and liable for Your Content. By uploading and publishing Your Content, you acknowledge that it does not contain any confidential information and may be seen by others.

The Company has discretion of the use of Your Content on the Site. We are not obliged to use, maintain or display Your Content on the Site. If we do use Your Content we may use it to publicize and promote us and the Site. You are not entitled to any payment from us for Your Content or our use of it.

Prohibitions on Your Content

Your Content must not include anything which:

(a) You do not have the right to disclose under law or an obligation you have to a third party (such as confidentiality agreements);

(b) Reveals your or another person’s identity or sensitive information, such as names, email addresses, phone numbers or addresses;

(c) Infringes or can possibly infringe rights, including intellectual property rights (such as copyrights and trademarks of others); or

(d) Is or can be taken by any others as being harmful, threatening, abusive, harassing, vulgar, obscene, invasive of privacy, immoral or otherwise offensive or illegal.

If you fail to abide by these prohibitions on your content, you may receive an email from The Company informing you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. This action may include any Content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas of the Site.

Our use of Your Content

By submitting Your Content through the Site, you grant us (our successors and our related bodies corporate, partners and their successors) a royalty-free, irrevocable, non-exclusive licence to use in any way, part or all of Your Content in any medium (including but not limited to the Site), by any means and for any purpose (including commercial purposes), and to authorize others to do so. The Company, our successors, assignees and licensees may do or omit to do anything to your Content which may infringe your moral rights in Your Content, including editing, altering and reproducing Your Content in any manner or context, in perpetuity throughout the world.

Monitoring, modification and removal of Content

We do not monitor, verify, approve, endorse, sanction, encourage, support or agree with your Content or User Content including without limitation any comments, opinions or statements submitted, uploaded or otherwise posted on the Site.

We may, but have no obligation to, amend, supplement, delete or update Our Content (defined below), your Content or User Content, without notifying you and at our sole discretion. However, we may remove any defamatory, misleading, false, offensive or otherwise illegal material (including in your Content) that we become aware of without notifying you.

 

Notification of Changes

The content of the pages of this website is for your general information and use only. It is subject to change without notice.  The Company reserves the right to change these or all terms and conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If you do not agree to the new terms, please stop using the Service.  If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. Any changes to our privacy policy will be posted on our Website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis. What constitutes a material change will be determined at our sole discretion.  We reserve the right to modify or replace these Terms at any time.

 

Force Majeure

Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such Party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

Liability and indemnity

To the extent permitted by law, Pleated Empire and its directors, officers, employees, agents and contractors exclude all liability to you in connection with the Site. You indemnify and hold us harmless for any and all claims, loss or damage however arising (whether in negligence or otherwise) in connection with:

(a) Your failure to comply with these Terms of Use;

(b) Your use, misuse of reliance on the Site, Our Content, User Content or Linked Sites;

(c) Your Content, including its use, misuse or misappropriation; or

(d) Any other acts or omissions by you.

 

Indemnification

You agree to defend, indemnify, and hold harmless Pleated Empire and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature incurred by Pleated Empire arising out of or relating to your use of the Website, your violation of these Terms of Use, or your violation of any rights of another.

 

Miscellaneous Provisions

Pleated Empire may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pleated Empire as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use will take away Pleated Empire’s rights to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Pleated Empire with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Governing Law

These Terms of Use are governed by the laws in force in the State of Utah, United States of America and you submit to the non-exclusive jurisdiction of the courts in that place, without regard to its conflict of law provisions. Pleated Empire makes no representations that the content of the Site complies with the laws of any country outside of the United States of America.

 

Severability

If any provision of these Terms is held to be void, invalid, unlawful or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

Transfer and Assignment

If Pleated Empire merges with, sells to or otherwise changes control of its business or the Site, we may, without notice or consent, transfer or assign to a third party, personal information, content and rights that Pleated Empire has collected from you and any agreements it had made with you in connection with your use of the Site.

These Terms of Use represent the entire and final agreement regarding our Website and any content, and supersedes any prior or contemporaneous communications between Pleated Empire and you regarding our Website and its contents. All rights not expressly granted to you in these Terms of Use are reserved to Pleated Empire. These terms and conditions form part of the Agreement between the Customer and us. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected. 

 

Contact Us

If you have any questions about these Terms, please contact us.

These Terms of Use were last updated on March 1, 2015.