ACCEPTANCE OF TERMS
Arrowhead Stone Manufacturing, Inc. makes available for your use on this
website located at arrowheadstone.com (the "Site") information,
documents, software and products (collectively, the "Content")
and various services (the "Services"), subject to the terms and
conditions set forth in this document (the "Terms of Use"). By
accessing the Site, you agree to the Terms of Use. Arrowhead Stone Manufacturing, Inc. reserves the right to change the Terms of Use from time to time
at its sole discretion without notice. Your use of the Site will be subject
to the most current version of the Terms of Use posted on the Site at the
time of such use. There may be additional terms and conditions relating
to your use of certain portions of the Site. If you use these other portions
of the Site, you will also be bound by those other terms and conditions.
If you breach any of the Terms of Use, your authorization to use this Site
automatically terminates and you must immediately destroy any Content downloaded
or printed from the Site.
INTELLECTUAL PROPERTY RIGHTS
All copyrights, trademarks, service marks, logos and other intellectual
property rights in the Site, any Content and any Services are owned by
and shall at all times remain the property of Arrowhead Stone Manufacturing, Inc. and/or third parties. Arrowhead Stone Manufacturing, Inc. DOES
NOT grant any express or implied right to you under any patent, copyright,
trademark or other intellectual property right with respect to the Site,
the Content or the Services. You may only use such intellectual property
as specifically authorized by these Terms of Use. You grant Arrowhead Stone Manufacturing, Inc. permission to use on the Site or in connection
therewith all comments, graphics, ideas and other information you provide
to Arrowhead Stone Manufacturing, Inc. through the Site, email or other
means.
COPIES
Except as specifically authorized by these Terms of Use, no portion of
the Content may be reproduced, displayed, distributed, stored or used
in any form or by any means without Arrowhead Stone Manufacturing, Inc.'s
prior written consent.
CONTENT
You may view, download and print the Content subject to the following
conditions:
1. The Content may be used solely for your personal, informational, internal
and noncommercial purposes.
2. The Content may not be modified or altered in any way.
3. The Content may not be distributed.
4. You may not remove any copyright or other proprietary notices contained
in the Content.
5. Arrowhead Stone Manufacturing, Inc. reserves the right to revoke your
authorization to view, download and print any Content at any time, and
you must discontinue any such use immediately upon written notice from
Arrowhead Stone Manufacturing, Inc..
6. The rights granted to you in these Terms of Use constitute a revocable,
non-exclusive, personal, non-transferable license and NOT a transfer of
title.
Notwithstanding the foregoing, elements of the Site (including without
limitation its design and layout) are protected by trade dress and other
laws and may not be copied or imitated in whole or in part.
USE AND PROTECTION OF ACCOUNT ID AND PASSWORD
Should the Site include an account ID or password, you are responsible
for maintaining the confidentiality of your account ID and/or password,
if applicable. You are responsible for all uses of your account, whether
or not you actually or expressly authorize them.
WARRANTIES AND DISCLAIMERS THE SITE, ALL CONTENT AND ALL SERVICES ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, EMERCHEM MAKES NO WARRANTY THAT (i) THE
SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR CONTENT
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE CONTENT WILL BE
EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES
OR INFORMATION THAT YOU PURCHASE OR OBTAIN FROM THE SITE WILL MEET YOUR
EXPECTATIONS, (v) DEFECTS IN THE CONTENT OR THE SITE WILL BE CORRECTED
OR (vi) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE. TO
THE EXTENT PERMISSIBLE BY LAW, ANY IMPLIED WARRANTIES ARE LIMITED TO 90
DAYS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The downloading or other acquisition of any Content, Services or products
through the Site is done at your own discretion and risk and with your
agreement that you will be solely responsible for any damage to your computer
system, loss of data or other damage or loss that results from any such
downloading or acquisition. No advice or information, whether oral or written,
that you obtain from Arrowhead Stone Manufacturing, Inc. or through or from
the Site will create any warranty not expressly stated in these Terms of
Use.
The Site contains links to third-party Internet sites that are not under
Arrowhead Stone Manufacturing, Inc.'s control. Arrowhead Stone Manufacturing, Inc. makes no representations whatsoever about any other website to
which you may have access through the Site. When you access a website other
than the Site, you do so at your own risk and Arrowhead Stone Manufacturing, Inc. is not responsible for the accuracy or reliability of any information,
data, opinion, software, advice, content or statements contained on these
Internet sites or for the quality of any products or services available
on these Internet sites. Arrowhead Stone Manufacturing, Inc. provides these
links merely as a convenience and the inclusion of such links does not
imply that Arrowhead Stone Manufacturing, Inc. endorses, recommends or accepts
any responsibility for the content or use of these Internet sites.
IN NO EVENT WILL Arrowhead Stone Manufacturing, Inc. BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF
THE SITE OR ANY OTHER MATTER RELATING TO THE SITE, THE CONTENT, THE SERVICES
OR ANY INTERNET SITE REFERENCED OR LINKED TO FROM THE SITE (INCLUDING WITHOUT
LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR
OTHER SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM
LOSS OF USE, DATA OR PROFITS), WHETHER OR NOT Arrowhead Stone Manufacturing, Inc. COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOUR INFORMATION
Refer to the Arrowhead Stone Manufacturing, Inc. Privacy Policy posted on
the Site to learn how Arrowhead Stone Manufacturing, Inc. protects your personal
information. To the extent you provide any information to Arrowhead Stone Manufacturing, Inc. while using the Site, you represent and warranty that all such
information is accurate and complete in all respects.
TERMINATION AND MODIFICATION
Arrowhead Stone Manufacturing, Inc. may modify or terminate the Site, any
Content and any Services, including without limitation the prices and descriptions
of any products or Services listed on the Site, at any time without notice.
The Content or Services may be out of date, and Arrowhead Stone Manufacturing, Inc. makes no commitment to update any Content or Services.
INAPPROPRIATE BEHAVIOR
Any of the following may result in your suspension or permanent expulsion
from the Site. The sole test of whether or not you have engaged in such
behavior is Arrowhead Stone Manufacturing, Inc.'s own discretion. Certain
behaviors also may result in criminal or civil action.
1. Use of vulgar or offensive language, including in your username or
email address.
2. Perpetration of illegal, abusive or unethical activity.
3. Threat of physical violence.
4. Threat of destruction of property.
5. Harassment of any person.
6. Making any racially, sexually or otherwise offensive comment.
7. Distribution of obscene material or use of obscene or sexually suggestive
language.
8. Violation of privacy, including without limitation the involuntary
public disclosure of a third party's phone number, mailing or email address
or other personal or private information.
9. Defacement of any part of the Site.
10. Hacking, the deliberate distribution of a computer virus or any access
or attempt to access other areas of any computer equipment on which the
Site is located or other information contained on such computer equipment
for any purpose.
11. Gambling or promotion of gambling.
12. Infringement of the intellectual property or other proprietary rights
of any party.
INDEMNITY
You agree to indemnify and hold harmless Arrowhead Stone Manufacturing, Inc.
and its subsidiaries, affiliates, officers, agents, affiliates, co-branders
and employees from and against any cost, expense, indebtedness, liability,
loss, claim or demand, including without limitation reasonable attorneys'
fees and disbursements, arising out of content you submit, post to or transmit
through the Site, your use of the Site or any Content or Services, your
connection to the Site, your violation of these Terms of Use or your violation
of any rights of Arrowhead Stone Manufacturing, Inc. or any other individual
or entity.
NOTICES
You may send notices to Arrowhead Stone Manufacturing, Inc. at 202 W. Morelia Avenue, Knoxville, TN 37917,
General telephone: (865) 971-6966, Toll-free: (866) 971-6966,
General fax: (865) 971-4229, Email: info@arrowheadstone.com. Any notice will be effective upon actual receipt by
Arrowhead Stone Manufacturing, Inc.. Arrowhead Stone Manufacturing, Inc. may
send notices to you through e-mail, regular mail or a posting on the Site.
Any such notice will be effective upon actual receipt by you in the case
of e-mail or regular mail or upon posting on the Site.
GOVERNING LAW AND JURISDICTION
These Terms of Use (i) may be amended by Arrowhead Stone Manufacturing, Inc.
at any time by posting an amendment on the Site, whether or not you actually
receive notice of the amendment, or by you and Arrowhead Stone Manufacturing, Inc. in a writing executed by you and Arrowhead Stone Manufacturing, Inc.,
(ii) inure to the benefit of, and are binding upon, you and Arrowhead Stone Manufacturing, Inc. and each of your and Arrowhead Stone Manufacturing, Inc.'s
successors and assignees, except that you may not assign any of your obligations
under these Terms of Use without Arrowhead Stone Manufacturing, Inc.'s prior
written consent, (iii) are governed by and will be interpreted and enforced
in accordance with the laws of the State of Tennessee, without regard to
principles of conflict of laws and (iv) constitute the entire agreement
between you and Arrowhead Stone Manufacturing, Inc. with respect to the subject
matter hereof, and supersede all prior oral and written proposals, representations,
understandings and agreements. You and Arrowhead Stone Manufacturing, Inc.
will submit any dispute relating to the Site, the Content, the Services
or these Terms of Use exclusively to a federal or state court located in
the County of Knox, Tennessee and consent to its being a proper venue for
such dispute. Arrowhead Stone Manufacturing, Inc. makes no representation
that the Site, the Content or the Services are appropriate or available
for use in locations other than the State of Tennessee, and accessing them
from territories where they are illegal is prohibited. Those who choose
to access this Site from other locations do so exclusively on their own
initiative, for their own purposes, and are responsible for compliance
with local laws.