STROUD BRAIDED RUGS

Terms and Conditions of Use

Your access to and use of Stroud Manufacturing, LLC’s website is subject to the following terms and conditions.

Please read the terms and conditions carefully. 

1. Definitions.

For the purpose these Terms and Conditions, the following shall mean:

1. 1. “Account” shall mean a unique account created for You to access Company’s Service or parts of Company’s Service.
   2. “Claims” shall mean all disputes, in law and in equity, between You and Company, relating in any way to use of the Service.
   3. “Company,” “We,” “Us,” or “Our” shall refer to Stroud Manufacturing, LLC.
   4. “Product(s)” shall refer to the products or items offered for Sale on the Service.
   5. “Order(s)” shall mean a request by You to purchase Products from Company.
   6. “Service” shall refer to the access to and use of the Website.
   7. “Terms and Conditions” and “Terms” shall mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
   8. “Website” shall refer to stroudbraidedrugs.com.
   1. “You” and “Your” shall mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Access to and Use of Website

The Company hereby grants You permission to access and use the Website subject to these Terms and Conditions and all applicable laws. In consideration for making the Service available to You, You agree to comply by these Terms and Conditions.

            You agree to access and use the Service solely for Your personal use for the purpose of shopping for personal items sold on the Website.  You agree not to use the Service for any other purpose including, but not limited to, the commercial or financial gain of You or any third person. You understand and agree that Your use of the Service solely for the purpose of shopping for personal items sold on the Website is material to these Terms and Conditions, and any use of the Service for any other purpose, including, but not limited to, commercial or financial gain, shall be a material breach of these Terms and Conditions. You further understand and agree Company may pursue any legal or equitable remedy available at law for any such material breach and regardless of whether Company has terminated your right to use the Service.

3. Acknowlegment and Acceptance of Terms and Conditions.

These Terms and Conditions constitute a legally binding agreement made between You, whether personally or on behalf of an entity, concerning use of the Company’s Service. You understand and agree that by using the Service, You have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL THESE TERMS AND CONDITIONS THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE.

4. Privacy Policy

You understand and agree that any personally identifiable information that You provide to Company will be subject to, and protected under, Company’s Privacy Policy. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company’s Privacy Policy. Company’s Privacy Policy is available for review at https://www.stroudbraidedrugs.com/Privacy-Policy. By continuing use of the Service, You acknowledge and agree to the terms and conditions of Company’s Privacy Policy.

5. Disclaimer of Warranties; Limitation of Liability

Company does not warrant that Your use of Company’s Service will be uninterrupted, timely, secure, or error-free; or that the results obtained from the use of the Service will be accurate or reliable. You acknowledge and agree that Your use of the Service is at Your sole risk.

 Except as expressly stated by Company, the Service and all Products and Services delivered through the Service are provided 'as is' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the maximum extent permitted by law, Company, its directors, officers, employees, affiliates, agents, contractors, suppliers, Service providers or licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in tort, contract, or otherwise, arising from Your use of the Service or Products procured using the Service, or for any other claim related in any way to Your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any Product posted, transmitted, or otherwise made available through the Service.

6. External Links

This site may contain links to other sites on the internet that are owned and operated by third parties. You acknowledge that Company is not responsible for the operation of or content located on or through sites owned and operated by third parties.

7. Intellectual Property

All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to Company, or its affiliates. The collection, arrangement, and assembly of all Content on the Service (the “Compilation”) belongs exclusively to Company or its affiliates. All software used on the Service (the “Software”) is the property of Company, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. Stroud Braided Rugs, other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Company, its affiliates, suppliers, or third parties. The use of any of Company’s trademarks or service marks without Company’s express written consent is strictly prohibited. You may not use Company’s trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use Company’s trademarks or service marks in any manner that disparages or discredits Company. You may not use any of Company’s trademarks or service marks in meta tags without prior written consent.

8. Termination

You understand and agree that Company may, in its sole discretion, suspend/terminate Your access to or use of Company’s Website with notification, for any violation of these Terms and Conditions. You further understand and agree that Company may suspend/terminate Your access to or use of the Company’s Website, without notification, for conduct that Company deems to be harmful, offensive, or unlawful.

In the event of termination, You understand and acknowledge that You are no longer authorized to access or use the Service.

9. Right to Refuse Service

You acknowledge and agree that Company, in its sole discretion, reserves the right to refuse any order You place with Company. Company may, in its sole discretion, limit quantities purchased. These restrictions may include orders placed by or under the same customer account, credit card number, billing address, or shipping address.

10. Indemnification

You agree to defend, indemnify, and hold harmless Company from any and all costs, expenses, attorney fees, losses, damages, or liabilities incurred insofar as such costs, expenses, attorney fees, losses, damages or liabilities that arise from a claim arising from any breach of these Terms.

11. Severability

Should any of the provisions of these Terms and Conditions be held invalid, the same shall apply only to the said provision and the remaining provisions hereof shall remain valid and enforceable.

12. Modification

Company reserves the right, in its sole discretion, to modify these Terms and Conditions at any time, for any reason. If Company make any material changes to these Terms and Conditions, Company will post a notice about the change on the Service. By You continuing to access or use the Service after reasonable notice of the modification of Terms and Conditions, You agree to be bound by the new Terms. IF YOU DO NOT AGREE WITH THE MODIFIED TERMS AND CONDITIONS THEN YOU ARE EXPRESSLY PROHIBITED FROM FURTHER USE OF THE SERVICE.

13. Statement of Governing Law

Any dispute arising from or in connection with these Terms and Conditions shall be governed by the laws of the State of North Carolina, without respect to its conflict of laws principles.

14. Forum Selection

            For any legal or equitable dispute arising from or in connection with these Terms and Conditions, You and Company agree any such legal or equitable dispute shall be commenced ONLY in the Courts of the State of North Carolina sitting in Cleveland County, or to the extent allowed by federal law, the United States District Court of the Western District of North Carolina, and any appellate court from any thereof, and each of the parties hereto, it being the clear intent of You and Company to consent to such jurisdiction. 

15. Waiver of Class Action Lawsuit

            By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against Company or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against Company otherwise commenced. The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.

16. Liquidated Damages

            You understand and acknowledge that Company may be damaged irreparably by reason of a failure of You to perform any obligation under these Terms and Conditions.  For example, Your failure to perform an obligation under these Terms and Conditions may subject Company to statutory penalties or other legal liability.   You further acknowledge and agree that damages for a breach of these Terms and Conditions may not be readily measurable and could be difficult to determine with any reasonable degree of certainty. Accordingly, You agree that if you breach the Terms and Conditions set forth herein Company shall be entitled to liquidated damages in the amount of $50,000 for material breach of this Agreement (“Liquidated Damages”). You further acknowledge and agree to pay all reasonable attorneys fees, court costs and other direct expenses incurred by Company to collect Liquidated Damages from You.  Payment of the Liquidated Damages shall constitute liquidated damages hereunder, and not a penalty.

17. Entire Agreement.

These Terms and Conditions, together with the Privacy Policy and any other notices published by Company, on the Service, shall constitute the entire agreement between You and Company.