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TERMS & CONDITIONS OF USE

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.



 
 
     

Terms & Conditions of Use
Copyright © 2000-2007
American & Efird® LLC (Text and Graphics. All International Rights Reserved.)
Robison-Anton® and the "RA" logo are registered trademarks of American & Efird Enterprises, Inc.