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Terms & Conditions of Use

Effective as of January 11, 2010

Contents

  • General
  • Agreement
  • Future Changes
  • Privacy and Information Security
  • Monitoring
  • Your Right to Use the Site and Its Contents
  • Submissions
  • Third Party Information and Links to Other Entities
  • Indemnification
  • Disclaimers
  • Limitation of Liability
  • Governing Law/Arbitration
  • Termination and Suspension
  • General Provisions
  • Contacting Us

General

Welcome to the web site of American & Efird LLC (“A&E”).  This website (“Site”) is owned and hosted by A&E.  The URL of this Site is www.amefird.com.  The words “we,” “us” and “ours” refer to A&E.  The words “you” and “yours” refer to users of this Site (“Users”.)

Agreement

These Terms of Use, as they may be modified from time to time, (“Terms”) constitute legally binding terms and applies to your use of this Site. By accessing and/or using this Site, you agree to be bound by this Agreement, regardless of your means of access, including through a mobile or other wireless device or otherwise. You are authorized to use this Site only if you agree to abide by all the terms of this Agreement.

Future Changes

We reserve the right at any time to change or modify this Site and these Terms, effective upon posting to this Site or notifying you otherwise.  Any use of the Site after such changes are posted constitutes your acceptance of the changed Terms.  Please review these Terms regularly to ensure you are updated as to any changes.  If you do not agree to any such changes, please discontinue using the Site.

Privacy and Information Security

The use of this Site is also governed by our Privacy and Security Policy, which is incorporated into this Agreement by this reference.

Monitoring

We will not routinely monitor the use of this Site but we reserve the right to do so on a general or selective basis in our discretion.

Your Right to Use the Site and Its Contents

As long as you comply with these Terms, A&E grants you a personal, non-exclusive, non-transferable, limited right to access, display and use this Site solely in connection with the reasonable informational, educational and commercial uses for which the Site has been created. All materials available on this 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 A&E. You may not reproduce, perform, create derivative works from, republish, transmit, or distribute in any way whatsoever any Content from the Site without the prior written permission of A&E.  However, you may download or make copies of the Content posted and/or displayed on this Site, and other downloadable items displayed on this Site, but only to the extent consistent with the foregoing permitted uses and provided that all copyright and other notices contained in the Content are left intact. Use of any Content available on this Site on any other web site or other networked computer environment is prohibited without prior written permission from A&E. You agree not to (a) use any robot, spider, other automatic device to monitor or copy portions of this Site or the Content contained therein without A&E’s prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; (c) download, reproduce, duplicate, copy or otherwise exploit any portion of the 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 Site without A&E’s prior written permission; (e) display this Site or any portion thereof in frames without A&E’s prior written permission; and (f) use any of A&E’s trademarks or URLs as metatags or otherwise.

Submissions
A&E welcomes your comments, suggestions and questions. A&E does not, however, wish to receive any proprietary or confidential information from you by electronic mail or through our 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 A&E 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 A&E 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.

Third Party Information and Links to Other Entities

This Site may provide links to a variety of other Internet resources and may provide access to third-party information. However, we are not responsible for any third party content, products or services that may be accessed through the Site and the availability of links on this Site to such third party content, products or services should not be construed as referrals to, or endorsements of, the linked entities or the content, products or services that they make available. When you access these third party sites, you do so at your own risk.

Indemnification

You agree to indemnify, defend and hold A&E, 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 Site or any breach by you of these Terms of Use. You will cooperate as fully as reasonably required in A&E’s defense of any claim. A&E 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 A&E.

Disclaimers

THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AND FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ASSUME NO OBLIGATION TO ARCHIVE OR OTHERWISE PRESERVE ANY MATERIAL. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOLLOWING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM: (A) THE USE OR INABILITY TO USE THIS SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM DATA OR INFORMATION OBTAINED FROM THIS 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 USER’S OF THIS SITE; OR (F) ANY MATTER RELATED TO THIS SITE.  IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF OURSELVES AND OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THIS SITE.

Governing Law/Arbitration

These Terms 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 this Site or these Terms 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.

Termination and Suspension

We may terminate or suspend these Terms and the availability of the Site (generally, as to specific persons or as to you) for any or no cause, at any time, without liability and with or without notice, which shall be effective immediately or as may be specified in the notice.

General Provisions

These Terms, including any policy incorporated in these Terms, and any additional terms posted on this Site together constitute the entire agreement between A&E and you with respect to your use of this Site, superseding all prior written and oral communications and understandings.  Any cause of action you may have with respect to your use of this 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, or portion thereof, to be unenforceable, such provision or portion shall drop out of the Terms and the remaining provisions and portions of the Terms shall be construed and enforced. This 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. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision or any other provision. The section headings in these Terms are for convenience only and have no legal or contractual effect.

Contacting Us

If you would like to communicate with us about these Terms please contact us in one of the following ways:

Send an e-mail to info@www.amefird.com.

Send a written request to:

Customer Service
American & Efird LLC
24 American Street
P.O. Box 507
Mt. Holly, North Carolina
United States 28120

Or call us at 704-827-4311

2009 – 2010 © Copyright American & Efird LLC All Rights Reserved

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