Terms of Use

Last Updated on 04/28/2020

ACCEPTANCE OF THE TERMS OF USE

These terms and conditions of use are entered into by and between You and Landry & Arcari Oriental Rugs and Carpeting, Inc. (“Landry & Arcari”, “the Company”, “we” or “us”). The following terms and conditions of use, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of WWW.LANDRYANDARCARI.COM, including any content, functionality and services offered on or through WWW.LANDRYANDARCARI.COM (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, and our Terms of Sale, all of which are available from the footer menu on this site. If you do not want to agree to this Terms of Use and related Agreements available from the footer menu, you must not access or use the Website.

This Website is provided by Landry & Arcari and is offered and available to users who are 18 years of age or older. By using this Website or by placing any purchase orders using the Website, you represent and warrant that you are of legal age to form a binding contract with Landry & Arcari, meet all of the foregoing eligibility requirements and agree to be bound by the Terms of Use set forth herein. If you do not meet all of these requirements or do not agree to the Terms of Use, you must not access or use the Website. 

ACCESSSING THE WEBSITE AND ACCOUNT SECURITY

By registering with the Website you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or
cancel an account at any time.

We reserve the right to withdraw or amend the Website, and any
service or material we provide on the Website, in our sole discretion without
notice. Any of the material on the Website may be out of date at any given
time, and we are under no obligation to update such material. We will not be
liable if for any reason all or any part of the Website is unavailable at any time
or for any period. From time to time, we may restrict access to some parts of
the Website, or the entire Website, to users, including registered users.

You are responsible for:
• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply
with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Notice, which can be found in the footer menu on this site, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as  confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should
use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images,
video and audio, and the design, selection and arrangement thereof), are
owned by Landry & Arcari, its licensors or other providers of such material and
are protected by United States and international copyright, trademark,
patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal,
non-commercial use only. You must not reproduce, distribute, modify, create
derivative works of, publicly display, publicly perform, republish, download,
store or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in
RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web
browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of
pages of the Website for your own personal, non-commercial use
and not for further reproduction, publication or distribution. If
You are a Landry & Arcari business partner, You may print or
download one copy of a reasonable number of pages of the
Website only for the specific commercial uses which are
consistent with Your business partnership with Landry & Arcari
and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download,
you may download a single copy to your computer or mobile
device solely for your own personal, non-commercial use,
provided you agree to be bound by our end user license
agreement for such applications.
• If we provide social media features with certain content, you may
take such actions as are enabled by such features.

You must not:
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or
any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary
rights notices from copies of materials from this site.

With the exception of the specific commercial purposes expressly
authorized by Landry & Arcari for use by its business partners. You must not
access or use for any commercial purposes any part of the Website or any
services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any
other person with access to any part of the Website in breach of the Terms of
Use, your right to use the Website will cease immediately and you must, at
our option, return or destroy any copies of the materials you have made. No
right, title or interest in or to the Website or any content on the Website is
transferred to you, and all rights not expressly granted are reserved by Landry
& Arcari. Any use of the Website not expressly permitted by these Terms of
Use is a breach of these Terms of Use and may violate copyright, trademark
and other laws.

TRADEMARKS AND COPYRIGHT

All contents of the Landry & Arcari Website are: Copyright 2020 by
Landry & Arcari and/or its suppliers. All rights reserved.

The Landry & Arcari name and all related names, logos, product and
service names, designs and slogans are trademarks of Landry & Arcari or its
affiliates or licensors. You must not use such marks without the prior written
permission of Landry & Arcari. All other names, logos, product and service
names, designs and slogans on this Website are the trademarks of their
respective owners. All rights not expressly granted herein are reserved.

ACCEPTABLE USE

You may use the Website only for lawful purposes and in accordance
with these Terms of Use. You agree not to use the Website:
• To post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, pornographic, or profane information of
any kind, including, without limitation, any transmissions
constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise violate any
local, provincial, state, national or international law, including
without limitation, export control laws and regulations;
• In any way that violates any applicable federal, state, local or
international law or regulation (including, without limitation, any
laws regarding the export of data or software to and from the US
or other countries);
• Upload, post, publish, transmit, reproduce, or distribute in any
way, information, software or other material which is protected
by copyright or other proprietary right, without obtaining the
permission of the copyright owner or right holder;
• For the purpose of exploiting, harming or attempting to exploit or
harm minors in any way by exposing them to inappropriate
content, asking for personally identifiable information or
otherwise;
• To transmit, or procure the sending of, any advertising or
promotional material, including any "junk mail", "chain letter" or
"spam" or any other similar solicitation;
• To impersonate or attempt to impersonate Landry & Arcari, any
Landry & Arcari employee, another user or any other person or
entity (including, without limitation, by using e-mail addresses or
screen names associated with any of the foregoing);
• To engage in any other conduct that restricts or inhibits anyone's
use or enjoyment of the Website, or which, as determined by us,
may harm Landry & Arcari or users of the Website or expose them
to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden,
damage, or impair the site or interfere with any other party's use
of the Website, including their ability to engage in real time
activities through the Website.
• Use any robot, spider or other automatic device, process or
means to access the Website for any purpose, including
monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material
on the Website or for any other unauthorized purpose without
our prior written consent.
• Use any device, software or routine that interferes with the proper
working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other
material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage
or disrupt any parts of the Website, the server on which the
Website is stored, or any server, computer or database connected
to the Website.
• Attack the Website via a denial-of-service attack or a distributed
denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the
Website.

MODIFICATION OF THESE TERMS & CONDITIONS
Landry & Arcari may revise and update these Terms of Use from time to time
in our sole discretion. All changes are effective immediately when we post
them. Your continued use of the Website following the posting of revised
Terms of Use means that you accept and agree to the changes. You are
therefore responsible for regularly reviewing these Terms of Use and
additional terms or notices posted on the Website.

ONLINE PURCHASES, PAYMENT AND OTHER TERMS AND CONDITIONS

All purchases through the Website or other transactions for the sale of goods
or services formed through the Website or as a result of visits made by you
are governed by out Terms of Sale. You agree to pay the full price for all
Products you purchase from the Website. We reserve the right to charge
extra charges for your credit card or commercial payment applications (e.g.,
PayPal, Apple Pay, Google Pay, etc.) for any products purchased from the
Website. You are responsible for the timely payment of all fees and for
providing us with a valid credit card or PayPal account details for payment of
all fees.

ELECTRONIC COMMUNICATIONS
When you visit our Website or send any emails to us, you will be
communicating electronically with us. By such electronic communication
you agree to receive such communications from us electronically. You
acknowledge that your electronic submissions constitute your agreement
and your acceptance to be bound by and to pay for such agreements and
transactions. Your agreement and intent to be bound by electronic
submissions applies to all transactions you enter into on the Website, and all
records including notices of cancellation, policies, contracts, and applications.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE
WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER LANDRY & ARCARI NOR ANY PERSON ASSOCIATED WITH LANDRY
& ARCARI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO
THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR
AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING,
NEITHER LANDRY & ARCARI ANYONE ASSOCIATED WITH LANDRY & ARCARI
REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE
ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS
WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR
THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LANDRY & ARCARI HEREBY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL LANDRY & ARCARI, ITS AFFILIATES OR THEIR
LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR
DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL
THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY
CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES,
INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL
INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE,
LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF
USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN
IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Landry & Arcari, its
affiliates, licensors and service providers, and its and their respective officers,
directors, employees, contractors, agents, licensors, suppliers, successors and
assigns from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses or fees (including reasonable attorneys' fees) arising
out of or relating to your violation of these Terms of Use or your use of the
Website, including, but not limited to, your User Contributions, any use of the
Website's content, services and products other than as expressly authorized
in these Terms of Use or your use of any information obtained from the
Website.

GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any
dispute or claim arising therefrom or related thereto (in each case, including
non-contractual disputes or claims), shall be governed by and construed in
accordance with the internal laws of the Commonwealth of Massachusetts
without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these
Terms of Use or the Website shall be instituted exclusively in the the courts of
the Commonwealth of Massachusetts located in the County of Essex. You
waive any and all objections to the exercise of jurisdiction over you by such
courts and to venue in such courts.

ARBITRATION
At Landry & Arcari’s sole discretion, You agree to submit any disputes
arising from the use of these Terms of Use or the Website, including disputes
arising from or concerning their interpretation, violation, invalidity, nonperformance, or termination, to final and binding arbitration in Essex County,
Massachusetts under the Rules of Arbitration of the American Arbitration
Association applying Massachusetts law. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under these Conditions of Use shall be joined to an arbitration involving any
other party subject to these Conditions of Use, whether through class
arbitration proceedings or otherwise.

WAIVER AND SEVERABILITY

No waiver of by the Company of any term or condition set forth in these
Terms of Use shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of the
Company to assert a right or provision under these Terms of Use shall not
constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal
of competent jurisdiction to be invalid, illegal or unenforceable for any reason,
such provision shall be eliminated or limited to the minimum extent such
that the remaining provisions of the Terms of Use will continue in full force
and effect.

ENTIRE AGREEMENT

The Terms of Use, our Privacy Notice and any other related Agreements
incorporated herein constitute the sole and entire agreement between you
and Landry & Arcari with respect to the Website and supersede all prior and
contemporaneous understandings, agreements, representations and
warranties, both written and oral, with respect to the Website.

THIRD PARTY LINKS

For your convenience only, Landry & Arcari may provide links to third party
websites operated by other entities on the Website. This may include links
contained in advertisements, including banner advertisements and
sponsored links. We have no control over the content of those sites or
resources, and accept no responsibility for them or for any loss or damage
that may arise from your use of them. If you use such third party sites, you will
leave this Website. If you decide to visit any linked third party website, you do
so at your own risk and it is your responsibility to take all protective measures
to guard against viruses or other destructive elements. Landry & Arcari does
not make any warranty or representation regarding, and does not endorse,
any linked websites or the information appearing thereon or any of the
products or services described thereon. Any third party links do not imply
that Landry & Arcari sponsors, endorses, is affiliated or associated with any
linked third party websites.