Terms & Conditions


The website www.clogane.com (identified herein as the "Site") and the web pages thereof are owned and operated by CloganeStores LLC., a Delaware limited liability company ("At Home" or “we”).  Please read the following sections carefully, as they contain the terms and provisions governing your use (the “Terms of Use”) of the Site.  Additionally, you should review our Privacy Policy.


PLEASE READ THE FOLLOWING TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE SITE.  BY USING THE SITE, YOU SIGNIFY YOU AGREE TO BOTH THE TERMS OF USE AND THE PRIVACY POLICY.  IF YOU DO NOT AGREE TO BOTH THE TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT USE THE SITE.


TERMS OF AGREEMENT


The Terms of Use and Privacy Policy constitute a legally binding agreement (the “Agreement”) between you (“you” or the “User”) and Clogane.  Cloganehas the right to modify this Agreement or these Terms of Use at any time.  Changes in these Terms of Use may be posted on this page, without other written, verbal, or electronic communication.  Every time you use the Site, you are agreeing to the then-current Terms of Use and Privacy Policy.


USER REGISTRATION


You may register on the Site to receive e-mail notifications sent to you by completing the online form on at Clogane. To unsubscribe from the e-mail service, you can click on any “Unsubscribe” link in a message from Clogane.


By signing up for e-mail notifications, you represent and warrant that your information is true and accurate to the best of your knowledge.  You agree not to submit false information such as name, address, and/or telephone number when registering on the Site.  By registering with the Site, you consent to receive periodic communication from Cloganeby e-mail regarding the status of your account or other information associated with your account.  For more information in how Cloganemay use the information you provide during registration, please see the Privacy Policy.


INTELLECTUAL PROPERTY RIGHTS


The Site and all materials available on it are the property of Clogane, its licensors, or its users and are protected by copyright, trademark and other intellectual property laws.  You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Clogane, our licensors’, or our users’ intellectual property rights.  You may download and/or print one copy of individual pages of the Site or documents available for download for your personal use and records.


PROHIBITED ACTIVITIES


The following activities are expressly prohibited from the Site:


a. Engaging in activity that compromises the Site.  Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.


b. Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.


c. Framing or deep linking into the Site.


d. Accessing the Site by means of automated process, spiders, bots or similar device.


USER SUSPENSION AND/OR TERMINATION OF ACCESS


Cloganemay cancel or terminate your right to access or use any part of the Site at any time without notice.  You agree that a breach of any of the terms in this Agreement may result in the immediate termination of your account and/or give rise to civil action against you.  The disclaimers herein and all restrictions on you regarding information downloaded or obtained from the Site shall survive any cancellation or termination of your right to use the Site. 


LINKS TO THIRD PARTY SITES


Any links to other websites not owned or operated by Cloganeare provided solely as a convenience for you.  Clogane listing of any third party does not create a partnership or affiliation with the third party.  Clogane listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers.  You shall make a competent consumer decision before employing the services of any listed third party professional or service provider.  You bear all risk associated with the employing of any third party and obtaining their goods or services.


NO UNLAWFUL OR PROHIBITED USE


As a condition of your use of the Site, you warrant to Cloganethat you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.


WARRANTY DISCLAIMER


THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  CLOGANEAND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 


CLOGANEAND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, THE PRODUCTS OR SERVICES OFFERED, OR LISTED PRICES THAT ARE DESCRIBED OR OBTAINED THROUGH THE SITE.  ALL SUCH INFORMATION AND PRODUCTS OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  THIS INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE.  ANY THIRD PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT.  CLOGANEAND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH YOUR USE OF THE SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


LIMITATION OF LIABILITY


IN NO EVENT SHALL CLOGANEAND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLOGANEOR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 


Clogane LIABILITY TO ANY USER OF THE SITE SHALL BE LIMITED TO THE FEES PAID BY SUCH USER TO CLOGANEFOR ANY PRODUCTS OR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE SUCH CLAIM ALLEGEDLY AROSE.


USER INDEMNIFICATION


You agree to indemnify Cloganeand its affiliates, employees, agents, representatives and third party service providers and defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site.  Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site or breach of this Agreement.


GENERAL


To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Dallas, Texas in all disputes arising out of or relating to the use of the Site. 


You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cloganeas a result of this Agreement or use of the Site. 


Clogane performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Clogane right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Cloganewith respect to such use. 


If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. 


Unless otherwise specified herein, this Agreement constitutes the entire agreement between User and Cloganewith respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between User and Cloganewith respect to the Site. 


COPYRIGHT COMPLAINTS


Cloganerespects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Clogane copyright agent with the following information.


a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;


b. Description of the copyrighted work that you claim has been infringed;


c. The location of the material that you claim is infringing is located on the Site;


d. Your address, telephone number and e-mail address;


e. A statement that your claim of infringement is based on a good faith belief; and


f. A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.


Clogane copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: office@clogane.com