Terms & Conditions
THE LEGAL AGREEMENT SET OUT BELOW (“AGREEMENT”) GOVERNS YOUR USE OF THE ROWE FINE FURNITURE, INC. (“ROWE”) DEALER SERVICES ("SERVICES"). TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT ACCESS THE DEALER SITE OR USE THE SERVICES.
Rowe is the provider of the Services, which provides you with access to the Dealer Site (“Site”) and to obtain and use available digital images, manuals, catalogs, samples, order forms, price lists, advertising materials and other documents, data, articles, website content and supplies in connection with Rowe’s products and services (collectively “Sales Materials”) solely in connection with your services as an authorized Rowe dealer (“Authorized Rowe Dealer”) and only under the terms and conditions set forth in this Agreement.
As an Authorized Rowe Dealer, you may establish an account ("Account") in order to access and obtain the Services. Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Rowe of any security breach of your Account. Rowe shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree that you will not use your Account, the Site, Services and Sales Materials except in your capacity as an Authorized Rowe Dealer in compliance with this Agreement. Your Account and access to the Services shall immediately terminate without notice to you upon suspension or termination of your engagement as an Authorized Rowe Dealer for any reason, or if in the sole discretion of Rowe, you have used, or Rowe suspects you have used, your Account, the Site, Services and Sales Materials other than as authorized by this Agreement.
You agree that the Site and all Sales Materials and all Sales Material content, in any and all media, and any and all intellectual property rights therein, shall, at all times, remain the property of Rowe. You agree that you will not use the Site and Sales Materials in any way whatsoever except for use of the Services in compliance with this Agreement. No portion of the Site or Sales Materials may be reproduced in any form or by any means, except as expressly permitted in this Agreement. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site and Sales Materials in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Within ten (10) days of written notice by Rowe to you for any reason, or immediately upon termination of your engagement as an Authorized Rowe Dealer for any reason, you agree to return to Rowe all Sales Materials as well as all other materials furnished to or acquired by you as a result of your engagement by Rowe. Immediately upon termination of your engagement as an Authorized Rowe Dealer for any reason, you agree to cease any and all use of the Sales Materials, all Sales Materials content and any and all intellectual property owned or licensed by Rowe, including but not limited to Rowe’s copyrights in its Sales Materials and Rowe’s trademarks, service marks, designs, logos and business names.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
ROWE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF YOUR ACCOUNT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, YOUR ACCOUNT IS AT YOUR SOLE RISK. YOUR ACCOUNT AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE ACCOUNT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL ROWE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF YOUR ACCOUNT, THE SITE, THE SERVICES OR THE SALES MATERIALS OR ANY OTHER RELATED CLAIM, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ROWE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ROWE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR ACCOUNT, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ROWE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
ROWE DOES NOT REPRESENT OR GUARANTEE THAT YOUR ACCOUNT, THE SITE OR THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ROWE DISCLAIMS ANY LIABILITY RELATING THERETO.
WAIVER AND INDEMNITY
BY USING THE YOUR ACCOUNT, THE SITE AND THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD ROWE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF YOUR ACCOUNT, THE SITE AND THE SERVICES, OR ANY ACTION TAKEN BY ROWE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.
Rowe reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of your Account, the Site and the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and Rowe and governs your use of your Account, the Site, the Services and the Sales Materials, superseding any prior agreements between you and Rowe. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Rowe's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Rowe will not be responsible for failures to fulfill any obligations due to causes beyond its control. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of your Account, the Site and the Services.
Notwithstanding principles of conflicts of law of any jurisdiction to the contrary, Rowe and you agree that all terms and provisions of this letter agreement are to be construed and governed exclusively by the laws of the Commonwealth of Virginia. Any action or other legal proceeding arising out of or relating to this letter agreement shall be brought exclusively in the Circuit Court for the County of Montgomery or the United States District Court for the Western District of Virginia as appropriate, and you and Rowe hereby each agree and submit to the personal jurisdiction and venue of these courts and in addition, you and Rowe hereby irrevocably and unconditionally waive, to the fullest extent permitted by law, any objection which either of you or Rowe may now or hereafter have to the laying of venue of any such proceedings, and hereby further irrevocably and unconditionally waive and agree to the fullest extent permitted by law not to plead or claim that any such proceeding brought in any such court has been brought in an inconvenient forum. The costs and expenses of the substantially prevailing party in any dispute arising in connection with this Agreement shall be borne by the non-prevailing party. You acknowledge that any violation of this Agreement may subject Rowe to irreparable injury not fully compensable in monetary damages, and that Rowe is entitled to seek whatever remedies are available to it at law or in equity, including but not limited to preliminary and permanent injunctive relief, without the necessity of posting a bond. You further consent to court enforcement of the specific language of this Agreement.