Terms of Use / Copyright Policy

NEW RIVER ARTISIANS INC. TERMS AND CONDITIONS FOR ONLINE SERVICES NOTICE: ACCESS OR USE OF THIS ONLINE SERVICE IS SUBJECT TO YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR USE THIS ONLINE SERVICE.

The following terms and conditions govern access and use of this online service, and the applications, services and materials provided herein (“Online Service”). You are only permitted access to this Online Service if you are, and only for so long as you are, an authorized user pursuant to an agreement between New River Artisans, Inc.(“New River”) and a subscribing entity, organization or individual (“License Agreement”). If you are not an authorized user, you must immediately cease all use of this Online Service. These terms of use constitute a legal agreement (“Agreement”) between you and New River concerning your use of the Online Service.

By accessing, browsing and/or otherwise using this Online Service you acknowledge that you have read, understood and agreed to be bound by this Agreement, and you agree to comply with all applicable laws and regulations, including U.S. Copyright laws. For purposes hereof, “you” or “your” shall include yourself, your organization and any entity you represent or on the behalf of which you use the Online Service. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Online Service. The material provided on this Online Service is protected by law, including, but not limited to, United States copyright law and international treaties.

This Agreement applies to your access to and use of this Online Service. If you fail to comply in any way with these terms and conditions, your authorization to access and to use this Online Service automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue any and all use of this Online Service.

AUTHORIZED USE AND RESTRICTIONS

Authorized Use. This Online Services and the materials herein may only be used for your design and purchase of New River products (collectively, the “Authorized Use”). You many only access the Online Services, print limited copies of the materials from the Online Services, and make limited local electronic copies of select materials from the Online Services, for the Authorized Use. The Authorized Use expressly excludes: (i) redistribution, retransmission, publication, transfer or commercial or other exploitation of the materials from the Online Service, in whole or in part; (ii) preparation of derivative works or incorporation of the Online Services materials, in whole or in part, in any other work or system; (iii) reverse engineering, decompiling or modification of the Online Services, in whole or in part; (iv) incorporation of any part of the Online Services materials in printed or electronic form; and (v) uploading, downloading, copying or redistributing the Online Services materials in their entirety, including, but not limited to, creating an archive of Online Services materials. Upon any termination of this Agreement or termination of your right to access any particular content pursuant to this Agreement, you must destroy, as applicable, all copies of materials obtained from the Online Services, or all copies of the content for which access was terminated.

Copyright. All Online Service materials, including, without limitation, rug designs, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of New River, all rights reserved. Except for the Authorized Use specified above, you may not copy, modify or distribute any of the Online Service materials. Any unauthorized use of any material contained on this Online Service may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Trademarks. The trademarks, service marks, trade names, and logos, including, but not limited to, page headers, custom graphics, button icons, and scripts (collectively, the “Trademarks”) used and displayed on this Online Service are registered and unregistered trademarks, service marks and/or trade dress of New River, and you many not copy, imitate or use the Trademarks, in whole or in part, for any purpose. No license or other right to use any Trademark used or displayed on the Online Service is granted to you.

Username and Password. You agree not to give or make available your username or password or other means to access your account to any unauthorized individuals. You remain responsible for all access to this Online Service via your username and password, even if not authorized by you. If you believe that your password or other means to access your account has been lost or stolen or that an unauthorized person has or may attempt to use this Online Service, you must immediately notify New River.

REVISIONS TO THIS AGREEMENT

New River may revise this Agreement at any time without notice by updating this posting. By using this Online Service you agree to be bound by any such revisions and should therefore periodically visit this Online Service and page to determine the then current terms and conditions of use to which you are bound.

MISCELLANEOUS

If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. New River’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by New River in writing. This Agreement may be assigned in whole or in part by New River at any time. This Agreement may not be assigned in any manner by you without the express, prior written permission of New River.

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of North Carolina (the “North Carolina Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the North Carolina Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the North Carolina Courts represent the exclusive jurisdiction for all disputes relating to this Agreement.