1. ACCEPTANCE OF TERMS.
Your use of the web-site and services offered thereon are subject to the following Terms and Conditions ("TAC"), which may be updated by us from time to time without notice to you. You can review the most current version of the TAC at any time at: http://www.AMCEEBEE.com/terms/.
2. DESCRIPTION OF SERVICE.
Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new AMCEEBEE properties, shall be subject to the TAC. You understand and agree that the Service is provided "AS-IS" and that AMCEEBEE assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.
3. YOUR REGISTRATION OBLIGATIONS.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or AMCEEBEE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AMCEEBEE has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY.
You will receive a password and account designation upon completing the registration process and approval. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AMCEEBEE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. AMCEEBEE cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT.
You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by AMCEEBEE and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
You agree to indemnify and hold AMCEEBEE and its subsidiaries, affiliates and related entities, parent and subsidiary corporations, divisions, shareholders, officers, agents, co-branders or other partners, and employees and each of their licensees, successors and assigns, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TAC, or your violation of any rights of another.
9. NO RESALE OF SERVICE.
You agree not to: reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your AMCEEBEE I.D.), use of the Service, or access to the Service. You also agree not to divulge any confidential information including but not limited to pricing, discounts and credit terms to any unauthorized third party.
10. MODIFICATIONS TO SERVICE.
AMCEEBEE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AMCEEBEE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that AMCEEBEE is not responsible for the availability of such external sites or resources, and does not endorse or recommend any products or services offered and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AMCEEBEE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. AMCEEBEE'S PROPRIETARY RIGHTS.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
AMCEEBEE grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by AMCEEBEE for use in accessing the Service.
14. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
14.1 YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMCEEBEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14.2 AMCEEBEE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
14.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMCEEBEE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC.
15. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMCEEBEE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AMCEEBEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS.
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 ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
17. NO THIRD PARTY BENEFICIARIES.
You agree that, except as otherwise expressly provided in this TAC, there shall be no third party beneficiaries to this Agreement.
AMCEEBEE may provide you with notices, by: email, regular mail, or postings on this Service.
All pictures, images, descriptions, disclosed methods of production unique to AMCEEBEE, as well as carpet designs and elements of carpet designs are exclusively the intellectual property of AMCEEBEE and are protected by all applicable international copyright standards and laws. AMCEEBEE will vigorously defend and protect this property to the fullest extent of the law.
The web site www.AMCEEBEE.com, inclusive of design, layout, appearance and graphics remain the property of AMCEEBEE. Downloads that are available on www.AMCEEBEE.com are only authorized for use by registered customers for the expressed purpose of selling and/or promoting AMCEEBEE products and services. Downloads used for any other use will be considered a violation of international copyright laws. Downloads may not be distributed, copied, disseminated, or reproduced for any purpose other than selling or promoting AMCEEBEE products and services by authorized AMCEEBEE dealers.
20. GENERAL INFORMATION
Entire Agreement. The TAC constitutes the entire agreement between you and AMCEEBEE and governs your use of the Service and supersedes any prior agreements between you and AMCEEBEE. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other AMCEEBEE services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TAC and the relationship between you and AMCEEBEE under this order and any resulting contract shall be governed by and construed in accordance with the internal laws of the State of New York without reference to conflict or choice of law rules. Any action, suit or proceeding based upon or arising out of this order, or any resulting contract, shall be brought by you or AMCEEBEE only in the courts of the State of New York, for the County of New York. You hereby consent to the jurisdiction of the aforesaid courts and waive any defenses of improper venue or inconvenient forum. You agree that service of process in any such action, suit or proceeding may be made upon you by mailing a copy of the summons and / or complaint to you by certified or registered mail at the billing address stated on the order confirmation.
Waiver and Severability of Terms. The failure of AMCEEBEE to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Titles and headings. The section titles and headings in the TAC are for convenience only and have no legal or contractual effect.
Please report any violations of the TAC to our Customer Care group at info@AMCEEBEE.com.