Acceptance of Terms

Please review the following basic rules that govern your use of this site. Please note that your use of this site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, please discontinue use of this site. Parametre reserves the right to modify, alter or update the Terms at any time without prior notice. Your continued use of the site after such changes indicate your acceptance of the Terms as modified. Please review the Terms regularly.

Privacy

We recommend that you also review our Privacy Policy

Compliance

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of this site.

Site Contents

Unless otherwise noted, all design and content featured on parametre.us, including navigational buttons and images, graphics, photography, text and the like, are copyrights, trademarks, trade dress, and/or intellectual property that are owned or licensed by Parametre, Inc. All right, title and interest in the Parametre web site and the intellectual property rights remain Parametre property. However, please note that pictures of Parametre products on this website are available only for the purpose of design and not for use. You may only download or electronically copy and print any of the contents displayed on the site for your personal and noncommercial use. Should you choose to download, copy or forward any site materials, no right, title or interest in those materials will be transferred to you.

Sample Orders

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE AGREEING TO PURCHASE THIS PARAMETRE SAMPLE ITEM(S). SELECTING THE PURCHASE OF THIS ITEM THROUGH THIS WEBPAGE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS WEBPAGE BEFORE FINALIZING THE PURCHASE OF ANY OF THE SELECTED PARAMETRE SAMPLE ITEM(S). PLEASE CONTACT PARAMETRE DIRECTLY IF YOU WOULD LIKE TO DISCUSS THESE TERMS IN DETAIL.

1. Purchase and Limited Use Agreement

      In this purchase and limited use agreement ("Purchase Agreement"), you, the purchaser, are subject to the limited rights granted by this Agreement, and are referred to as "Purchaser" or "you."

In consideration of the reduced price per square foot paid for the selected sample item(s) (i.e., as compared with the price per square foot of a full-scale version of the selected sample item(s)) provided by Parametre,

Parametre hereby grants a purchase of the selected sample item(s) to you, the Purchaser subject to the following contractual obligations and use restrictions:

You may use the purchased sample item(s) for your experimental use with general interior or exterior architectural design.
You may arrange or modify the purchased sample item(s) as you feel appropriate pursuant to determining whether to order one or more full-size versions of the sample item(s), which may ultimately be used for home, advertisement, display, or otherwise commercial end-use.
You, as the purchaser, however, are expressly forbidden from using this sample item(s) - or this sample item(s) in combination with other identical or similarly-configured sample item(s) made by Parametre - for home, advertisement, display, or otherwise commercial end-use product purposes without Parametre's express consent.
You are also expressly forbidden from selling this sample (except through a refund exchange with Parametre) to another party without Parametre's express consent.

In this purchase agreement, the purchased sample item(s) is referred to as the "Purchased Product."

All intellectual property rights in the sample items are hereby expressly reserved by Parametre.

2. Term

      This purchase agreement is effective until terminated. Purchaser may terminate this purchase agreement by "returning" (i.e., delivering) to Parametre any such selected sample item(s). Parametre may terminate this purchase agreement if Purchaser breaches any of the terms and conditions. Upon termination of this purchase agreement for any reason, Purchaser shall discard or deliver to Parametre any of the Purchased Product. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Parametre's proprietary intellectual property rights shall survive termination.

3. Sample Item(s) Format

      Parametre contracts to deliver the Purchased Product in a sample-size product format (e.g., not full-size) only. Purchaser shall not reverse engineer the Purchased Product.

4. Limited Warranty

      Parametre does not warrant that the sample item(s) corresponding to the Purchased Product will meet Purchaser's design requirements, or that the sample item(s) will be error-free. Parametre also does not warrant that the sample item(s) corresponding to the Purchased Product will be free from defects under normal use for a period of thirty (30) days from the date of delivery ("Warranty Period"). Purchaser's exclusive remedy under this limited warranty is the replacement of any defective Purchased Product by purchasing the sample item(s) again from Parametre via any appropriate telephonic, Internet, or in-person based sale; or by exchanging the defective sample with a replacement sample provided by Parametre, where mutually agreed to with Parametre.

      EXCEPT AS PROVIDED ABOVE, THE PURCHASED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PURCHASED PRODUCT IS WITH PURCHASER.

5. Limitation of Liability

      PARAMETRE'S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE REPLACEMENT OF DEFECTIVE ITEMS ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT WILL PARAMETRE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, REVENUES, OR SAVINGS, ARISING OUT OF THE PURCHASED EXPERIMENTAL USE OF (OR INABILITY TO USE) THE PURCHASED PRODUCT, EVEN IF PARAMETRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL PARAMETRE BE LIABLE FOR ANY DAMAGES.

6. General

      Any attempt to assign or transfer any of the rights, duties or obligations of this Purchase Agreement hereunder is void. This Purchase Agreement shall be governed by and interpreted under the laws of the State of Utah, United States of America, without regard to conflicts of provisions.

3form, Incorporated, Salt Lake City, Utah

PURCHASER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. PURCHASER FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN PURCHASER AND PARAMETRE, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Custom Orders

Custom products may not match the general look of former samples produced by Parametre. Parametre does not take responsibility for any flaws such as, but not limited to, pattern variations from sheet to sheet, density, layout, air bubbles and surface imperfections that may exist in a full sheet as this product is custom and has not been fully tested. In signing this Purchase Order the purchaser acknowledges that Parametre provides no warranty, representation or guarantee with respect to the look, quality or consistency of the custom sheets included in this order.

If the custom sample cannot be reproduced in full sheet sizes, the customer is responsible for paying all costs incurred in product development stage.

If customer provides custom image layer or other materials, Parametre is not responsible for replacing inter-layers damaged or scrapped in product development or during standard manufacturing of the product.

Indemnification

You agree to indemnify, defend and hold harmless Parametre by 3form, Inc., from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from any violation of these Terms and/or any intentional wrongdoing by you.

Links

You may only provide a hypertext link to the Parametre web site on another web site if you comply with the following: (i) the link must be a text-only link clearly marked "parametre.us" or www.parametre.us; (ii) the link must point to the URL www.parametre.us and not to other pages within the Parametre web site; (iii) the link, when activated by a user, must display the Parametre full screen web site; and (iv) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance that we are associated with or sponsor the linking web site. We reserve the right to revoke our consent to any link at any time in our sole discretion.

Governing Law and Jurisdiction

These Terms shall be construed in accordance with the laws of the State of Utah, without regard to any conflict of law provisions. Any dispute arising under this Terms of Use shall be resolved exclusively by the state and federal courts of the State of Utah, County of Salt Lake.

Miscellaneous

These terms constitute the full and complete agreement between you and Parametre with respect to the terms of use. No action of Parametre may be construed as a waiver of any part of these Terms of Use. Should any of the above paragraphs be unenforceable, the other paragraphs will remain in full force and effect.