TERMS AND CONDITIONS OF USE

INTRODUCTION Welcome to the web site for S.A. Maxwell, Co.¬ Since 1851, S.A. Maxwell has produced beautiful wallcoverings, fabrics and coordinated accessories. This web site presents a sampling of our newest collections for the home. If this interests you, and we hope it does, feel free to use this site and the services we offer. However, our lawyers have asked us to remind you that by accessing, browsing and/or using our web site, you acknowledge that you have read, understood and agreed to be bound by these terms, including the Privacy Policy, and to comply with all applicable U.S. laws and regulations. If you do not agree to these terms, please do not use this site or the services offered through this site. In addition, from time to time, S.A. Maxwell may need to change or modify these terms and, as such, S.A. Maxwell reserves the right, in its sole discretion, to do so as needed. Your continued viewing of or use of this site following the posting of any changes to these terms will signify your assent to any such changes.

We hope that you find this site and our services useful and come back to visit us often!

S.A. MAXWELL'S INTELLECTUAL PROPERTY RIGHTS; FRAMING S.A. Maxwell puts a lot of content on this site for you to examine. An example of some of the content includes: text, graphics, photographs, pictures, drawings, animation, audio, video, literature and any other material distributed by S.A. Maxwell and/or in connection with this site. Moreover, S.A. Maxwell attempts to display the content in a way that will be easily accessible and useful for you, the customer. Therefore, the selection and arrangement of this content, as well as the software published on this site, are owned and copyrighted by either S.A. Maxwell or by a third party that authorizes S.A. Maxwell to make such content available to you. In addition, all the trademarks, service marks, trade names, product names, company names, domain names, patents and logos appearing on this site are proprietary to S.A. Maxwell or are the property of their respective owners. Also, unless approved in writing in advance by S.A. Maxwell, you agree not to: (a) provide or create a link to this site; and (b) create any frames at any other web sites pertaining to or using any of the content located at this site. If you do want to link to this site, please contact the S.A. Maxwell at www.samaxwell.com to seek approval. However, if you like, you may copy the content for your personal use, but you must retain any copyright, trademark, patent and/or other proprietary notice on the copied information. Furthermore, these terms do not give you any right to reproduce, distribute, transmit, publish or commercially exploit any information provided by S.A. Maxwell without permission of the owner of the copied information.

WARRANTY DISCLAIMER THE CONTENT AND PRODUCTS OF S.A. MAXWELL ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. S.A. MAXWELL DOES NOT WARRANT THAT ANY PART OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. S.A. MAXWELL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THIS SITE BEFORE ACTING ON IT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT NOT ALLOWED BY SUCH LAW.

S.A. MAXWELL EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON SITES THAT LINK TO OR FROM THIRD PARTIES. S.A. MAXWELL CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES, NOR DOES S.A. MAXWELL MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST S.A. MAXWELL WITH RESPECT TO SUCH SITES AND SERVICES.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, S.A. MAXWELL'S NEGLIGENCE, SHALL S.A. MAXWELL BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS SITE, ANY OF S.A. MAXWELL'S CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF S.A. MAXWELL OR AN AUTHORIZED S.A. MAXWELL REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT NOT PERMITTED BY SUCH LAW. FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS S.A. MAXWELL AND ANY RELATED PERSONNEL FROM ANY AND ALL LEGAL ACTION BROUGHT BY ANY THIRD PARTY RESULTING FROM YOUR USE OF THIS SITE IN VIOLATION OF THIS AGREEMENT OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY PERSON OR ENTITY.

GOVERNING LAW; VENUE; WAIVER; SEVERABILITY S.A. Maxwell is located in Illinois and, therefore, the laws of the State of Illinois (excluding any principles of conflicts of laws) govern your use of this site, services and this Agreement. Any legal action or proceeding relating to your access to, or use of, this site or S.A. Maxwell's services shall be instituted only in a state or federal court located in Cook County, Illinois, U.S.A. You and S.A. Maxwell hereby agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Furthermore, no delay or omission by S.A. Maxwell to exercise any right or any noncompliance on your part with respect to these terms shall impair any such right or be construed to be a waiver by S.A. Maxwell. If any provision of these terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.