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Introduction;
Binding Agreement
Welcome to the web
site of Robison-Anton® Embroidery Thread, a division of American & Efird
Enterprises LLC (collectively, the “Company”).
YOUR USE OF THE COMPANY WEB SITE (“WEB SITE”) IS EXPRESSLY
CONDITIONED UPON YOUR ACCEPTING EACH AND EVERY PROVISION CONTAINED IN
THESE TERMS OF USE. Please read the provisions carefully, as these
Terms of Use constitute a legally binding agreement (“Agreement”)
between Company and users of the Web Site (“you”).
Future Changes
Company reserves the right at any
time to change or modify the Web Site and these Terms of Use. When
changes are made, the current Terms of Use will be placed on the Web
Site. Users concerned about whether such changes have been made should
ensure that they view the then current Terms of Use each time they use
the Web Site. Any use of the Web Site after such changes are posted
constitutes your acceptance of the changed Terms of Use. If you do not
agree to any such changes, please discontinue using the Web Site.
Your Right to Use the Site and Its Contents
As long as you
comply with these Terms of Use, Company grants you a personal,
non-exclusive, non-transferable, limited right to access, display and
use this Web Site solely for your personal use. All materials available
on the Web Site, including, but not limited to, text, images, and
computer programming code (the “Content”) are protected by copyrights,
trademark rights or other intellectual property or proprietary rights
which are owned or licensed by Company. You may not reproduce, perform,
create derivative works from, republish, transmit, or distribute in any
way whatsoever any Content from the Web Site without the prior written
permission of Company. However, you may download or make one (1) copy
of Content posted and/or displayed on this Web Site, and other
downloadable items displayed on this Web Site, for your personal use
only, provided that all copyright and other notices contained in the
Content are left intact. Use of any Content available on this Web Site
on any other web site or other networked computer environment is
prohibited without prior written permission from Company. You agree not
to (a) use any robot, spider, other automatic device to monitor or copy
portions of the Web Site or Content contained therein without Company’s
prior written permission; (b) use any device, software or routine to
interfere or attempt to interfere with the proper working of the Web
Site; (c) download, reproduce, duplicate, copy or otherwise exploit any
portion of the Web Site for the purpose of sale, resale or making other
commercial use thereof; (d) include in any thirty party web site any
hypertext link to any page or location within this Web Site without
Company’s prior written permission; (e) display this Web Site or any
portion thereof in frames without Company’s prior written permission;
and (f) use any of Company’s trademarks or URLs as metatags or
otherwise.
Submissions
Company
welcomes your comments, suggestions and questions. Company does not,
however, wish to receive any proprietary or confidential information
from you by electronic mail or through our Web Site. If you choose to
submit comments, data, questions, suggestions, messages or the like
(collectively, the “Materials”) to us, then by so doing you (a)
represent and warrant that such Materials are not confidential or
proprietary to you or any other person and (b) grant Company and its
affiliates an irrevocable, perpetual, royalty-free, non-exclusive,
unrestricted, worldwide license to: use, copy, publish, transmit,
perform and display the Materials for any purpose; create derivative
works from such Materials; and implement and use the Materials and any
suggestions, concepts or ideas contained therein without compensation or
attribution to you. Furthermore, you agree that Company is not
responsible for the confidentiality of the Materials that you submit.
You agree not to submit Materials that are: (i) libelous, defamatory,
obscene, abusive, pornographic, harassing, threatening, or an invasion
of privacy; (ii) an infringement of the intellectual property rights,
including, but not limited to, trade secrets, copyrights, and
trademarks, of any person or entity; (iii) illegal in any way or which
advocate illegal activity; or (iv) an advertisement or solicitation of
funds, goods or service.
Links
As a
service to you and for your convenience, this Web Site may contain links
to web sites operated by third parties. By providing links to third
party web sites, Company is not endorsing or sponsoring such third
parties or their web sites. You agree that Company is not responsible
for the availability of or content on any web sites operated by third
parties that may be accessible through or linked to this Web Site.
Indemnification
You agree to
indemnify, defend and hold Company, and its subsidiaries, affiliates,
officers, members, agents or other partners and employees (collectively,
"Indemnified Parties") harmless from and against any and all liability
and costs (including, without limitation, attorneys' fees and costs),
incurred by the Indemnified Parties in connection with any claim arising
out of your use of this Web Site or any breach by you of these Terms of
Use. You will cooperate as fully as reasonably required in Company’s
defense of any claim. Company reserves the right, at its own expense,
to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not in any event settle
any matter without the written consent of Company.
Warranty
Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT THE
WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT USE
OF THE WEB SITE IS AT YOUR SOLE RISK. COMPANY MAKES NO WARRANTY
WHATSOEVER ABOUT THE WEB SITE, ITS OPERATION OR AVAILABILITY, THE
ACCURACY OF THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE, OR THE
SECURITY OF THE WEB SITE. MOREOVER, COMPANY EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (A) THE
WEB SITE WILL MEET YOUR REQUIREMENTS; (B) THE WEB SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; (C)
TRANSMISSION OF DATA TO AND FROM THE WEB SITE WILL BE TIMELY OR
ERROR-FREE; OR (D) THE INFORMATION THAT YOU OBTAIN FROM THE USE OF THE
WEB SITE WILL BE ACCURATE OR RELIABLE.
Limitation of
Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT
NOT LIMITED TO COMPANY'S NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY
DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES
RESULTING FROM: (A) THE USE OR INABILITY TO USE THE WEB SITE; (B) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM DATA
OR INFORMATION OBTAINED FROM THE WEB SITE; (C) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) ERRORS OR OMISSIONS IN THE
CONTENTS AND FUNCTIONS OF THIS SITE; (E) CONDUCT OF ANY THIRD PARTY
USERS OF THE WEB SITE; OR (F) ANY MATTER RELATED TO THE WEB SITE, EVEN
IF COMPANY OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE LIMITATIONS IN SECTION 7 AND THIS SECTION 8 MAY NOT APPLY TO YOU.
Governing Law;
Arbitration
These Terms of Use shall be governed
by and construed in accordance with the laws of the State of North
Carolina,
United States of America, without
reference to its conflicts of law rules. Any dispute or claim relating
to or arising out of or in connection with use of the Web Site or these
Terms of Use shall be finally settled by binding arbitration in
Charlotte, North Carolina
using the then current rules
and procedures of the American Arbitration Association by one (1)
arbitrator appointed by the American Arbitration Association. The
arbitrator shall apply the law of the State of North Carolina,
without
reference to rules of conflict of law or statutory rules of
arbitration, to the merits of any dispute or claim. Judgment on the
award rendered by the arbitrator may be entered in any court of
competent jurisdictions. The parties agree that, any provision of
applicable law notwithstanding, they will not request, and the
arbitrator shall have not authority to award punitive or exemplary
damages against any party. Notwithstanding the foregoing, nothing
herein shall preclude either party from seeking injunctive relief in any
state or federal court of competent jurisdiction in North Carolina
without first complying with the arbitration provisions of this Section,
and each party hereby consents to the exclusive jurisdiction of state
and federal courts in North Carolina for such purpose.
General Provisions
These Terms of Use and
any additional terms posted on this Web Site together constitute the
entire agreement between Company and you with respect to your use of
this Web Site, superseding all prior written and oral communications and
understandings. Any cause of action you may have with respect to your
use of this Web Site must be commenced within one (1) year after the
claim or cause of action arises. If for any reason a court of competent
jurisdiction or an arbitrator finds any provision of these Terms of Use,
or portion thereof, to be unenforceable, such provision or portion shall
drop out of the Terms of Use and the remaining provisions and portions
of the Terms of Use shall be construed and enforced. This Web Site is
not intended for distribution to, or use by, any person or entity in any
jurisdiction or country where such distribution or use would be contrary
to local law or regulation. |
