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Terms of Use

Effective Date: September 1, 2020

Welcome to rosesdiscountstores.com (“Website”), the Website for Roses Stores, operated by Variety Wholesalers, Inc., its subsidiaries and its affiliates (the “Company,” “we,” “us,” or “our”). We operate stores under a number of banners: Roses, Roses Express, Maxway, Super 10, Super Dollar, Bill’s Dollar Store, and Bargain Town. This Website is provided as a service to customers who may visit or shop at any of our store locations.

IMPORTANT: BY USING THIS WEBSITE, YOU AGREE THAT ANY DISPUTES REGARDING ACCESS TO OR USE OF THIS WEBSITE MUST BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. DETAILS ARE SET FORTH BELOW.

Use of the Website

Before using our Website, please review the following basic terms and conditions of use as well as the terms of our Privacy Policy (which are incorporated by reference), all of which are collectively referred to as the “Terms of Use.”

ACCESSING, BROWSING, OR OTHERWISE USING THIS WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS TERMS OF USE, SO PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

These Terms of Use may be changed or updated by the Company from time to time. We will inform users of the Website of any material changes to these Terms of Use by posting the revised Terms of Use on the Website. Those changes will go into effect on the Effective Date shown in the revised Terms of Use. Continued use of the Website following any such changes shall constitute your acceptance of any new Terms of Use. Users are responsible for regularly reviewing these Terms of Use and we encourage you to review them carefully whenever you use the Website. If you do not agree with any of the Terms of Use, please do not use the Website.

Accessibility Statement

We are committed to making our Website accessible for all customers, including those with disabilities. Consistent with this goal, we have taken a number of steps to enhance our Website and increase its usability for those who use assistive technology to access the internet. All web pages that comprise the Website will comply with the technical requirements of Level AA of the Web Content Accessibility Guidelines (WCAG) 2.0. If you experience difficulty accessing our Website content, please reach out to our Customer Care team at (252) 430-2600 or at [email protected] for assistance or to provide feedback.

Privacy and Security

Collection and use of user information under this Website is subject to our Privacy Notice, which also governs your use of this Website.

Children under 18 years of Age

It is not our intent to collect personal information about children under the age of 13. By using this Website, you represent and warrant either that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) that you are at least thirteen (13) years of age and are accessing the Website with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to these Terms of Use. No person under 13 years of age may use this Website.

Copyright, Trademark and Other Intellectual Property Rights

Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips, and other materials that appear as part of this Website as well as the selection, arrangement, and organization of the foregoing and the Website as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress, or other intellectual property rights or licenses, and rights of publicity and privacy, all worldwide rights, titles, and interests in and to which are owned by or licensed to the Company or our suppliers. Certain trademarks, service marks, and trade names on the Website are the registered or unregistered trademarks, service marks, and trade names of the Company and may not be used without our express permission. Other trademarks, service marks, and trade names and products contained in the Website are the registered or unregistered property of their respective owners. References on this Website to the trademarks, service marks, trade names, products, company names, or services of third parties are provided for your convenience and do not in any way constitute or imply the Company‘s endorsement or recommendation of that third party or its products or services. All software used on this Website is the property of the Company or its suppliers and is protected by U.S. copyright and other intellectual property laws.

Website Access and Limited License

You are granted a limited license to visit and use this Website for your personal use. The Content on this Website is intended to be used only to inform you when you visit this Website or the Company’s stores and may not be used by you for any purpose other than your personal, non-commercial use. You are not permitted to download (other than page caching) or change any portion of this Website, unless you have our express written consent. This license does not allow for any resale or commercial use of this Website or its Content. You may not collect listings of products, prices, descriptions, use any portion of the Content in any derivative way, download, or copy information or other matter for use by any other party. You may not gather information and data from data-mining, robots, or other extraction tools. Neither this Website nor any part of it can be copied in any way or used commercially without our express written permission. Without our prior written consent, you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or any of its affiliates. Any use of any meta tags or any other “hidden text” utilizing this Website’s name or the Company’s or any of its affiliate’s names or trademarks without the express written consent of the Company is strictly prohibited. The Company grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of rosesdiscountstores.com, provided that the link does not portray either this Website or the Company, its affiliates, or their products or services in any false, misleading, derogatory, or otherwise offensive manner. Any use of the Roses logo or any other proprietary graphic or trademark of the Company or any of its affiliates as part of any link without our express written permission is strictly prohibited. The permission or license granted to you by the Company to use this Website shall terminate automatically upon any unauthorized use by you.

Site Security

It is prohibited to violate or attempt to violate the security of this Website in any manner, including, without limitation: (a) obtaining or attempting to obtain data that is not intended for you; (b) gaining unauthorized access to an account; (c) attempting to breach security without permission; (d) testing the vulnerability of this Website; (e) attempting to interfere with this Website, including the host, network, or any user in any manner; (f) sending emails that were not solicited, including ads and promotions; or (e) forging a TCP/IP packet header or any part of header information. These violations could result in civil or criminal penalties. The Company will investigate violations and will work with legal authorities to prosecute violators to the fullest extent of the law.

Links to Other Websites and Services

Our Website may contain links to other sites that are not owned or operated by the Company. These links are not intended to be referrals or endorsements of the linked site; the links are provided only as a convenience. As such, the Company does not warrant, represent or assume any responsibility or liability for the accuracy, completeness, or operation of any linked site (or any site contained in a linked site), or the practices or privacy and other policies contained in any linked site (or any site contained in a linked site). You should familiarize yourself, therefore, with the specific legal, privacy, and security information contained in any such sites, as the terms and conditions of use and the policies relating to the personal information you provide may vary from site to site.

Social Media; Submissions to Us

In addition to the Website, the Company maintains various social media accounts typically under the banner of “Roses Discount Stores.” Suggestions, comments, questions, photographs, videos, your social media handle, or other material (collectively, “Content”) may be submitted to us through the Website or through any social media app including, but not limited to, Facebook, Instagram, or Twitter, but any illegal, obscene, threatening or defamatory content and any Content that is invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable is strictly prohibited. Such Content must also not contain any software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, “worms,” or any form of “spam.” The use of a false e-mail address, impersonating any person or entity, or deception or misleading or false designation of origin or identity of Content is also strictly prohibited. We reserve the right (but have no obligation) to remove or edit such Content. You grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, fully-licensable right, and unrestricted permission to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display on the Company’s social media sites and Website, and to use the Content you submit, in whole or in part, in connection with any other material in any and all media, for any purpose whatsoever, including, without limitation, advertising, promotion, illustration, art, editorial, and trade, the Content you submit and the name that you submit in connection with such Content, if we so choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you submit; that the Content is accurate; and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity. You further grant the Company the right to use, reuse, publish, or republish your username, real name, image, likeness, comment, caption, or other identifying information, in connection with any use of your Content. You hereby represent and warrant that: (1) you are a legally competent adult, (2) you own all rights to your Content, (3) you have permission from all persons appearing in your Content to grant the rights conveyed herein, (4) use of your Content will not violate the rights of any third party, and (5) your Content does not violate any laws or regulations.

Product Information

We make all reasonable efforts to provide information on this Website that is accurate and complete; however, pricing and typographical errors may occur or information may be out of date. There may be information, including information about products, their availability, or their prices that may be inaccurate or incomplete. We reserve the right to correct any such information without prior notice. The inclusion of any products or services on this Website at a particular time does not guarantee that the products or services will be available in our stores. Please contact us if you purchase a product and believe that it differs from the description of the product on this Website.

Colors

We have tried to display the products and attributes of the products on the Website, including the colors of products, we are offering for sale accurately. Because the colors you see depend upon your computer monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Pricing Information

While the Company strives to provide accurate product and pricing information at all times, pricing or typographical errors may occur. The Company cannot confirm the price of an item until you place your order. Our goal is to provide you with the lowest prices possible. Sometimes a price online does not match the price in a store. Store pricing will sometimes differ from online prices and prices may change without notice.

Disputes & Arbitration:

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Website constitutes your acceptance of this arbitration provision. Please read it carefully as it provides that you and the Company will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of this arbitration provision.

YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if your claim qualifies for small claims court in a location where jurisdiction and venue over you and Company is proper, in which case you may initiate proceedings in small claims court.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT THE COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS OF ANY NATURE OR IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.  THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON.  LIKEWISE, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards for consumer arbitration are available at https://www.jamsadr.com/consumer-minimum-standards.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have the authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

Disclaimer; Limitation of Liability

THE WEBSITE, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE AND THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT, PERMITTED BY LAW. IN ADDITION, THE COMPANY, AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, AND/OR SUPPLIERS (COLLECTIVELY, “AFFILIATES”) DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE, OR THE OPERATION OR FUNCTION OF THE WEBSITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION MAY BE UPDATED FROM A SOURCE OTHER THAN THE COMPANY, AND THE COMPANY AND ITS AFFILIATES DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. THE COMPANY AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THE TRUTHFULNESS, ACCURACY OR RELIABILITY OF ANY INFORMATION OR CONTENT SUBMITTED OR POSTED ON THE WEBSITE, NOR DOES THE COMPANY ENDORSE ANY OPINIONS EXPRESSED BY OR AFFILIATED WITH ANY USER WHO HAS SUBMITTED CONTENT ON THE WEBSITE. THE COMPANY IS NOT LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY USE OF OR RELIANCE ON, THE CONTENT, THE WEBSITE, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA.  IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE. HOWEVER, THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF THE COMPANY’S OWN FRAUD, WILLFUL INJURY, WILLFUL VIOLATION OF LAW, NEGLIGENCE, OR A VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C-1 ET SEQ.

YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE.

THE COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE. HOWEVER, THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF THE COMPANY’S OWN FRAUD, WILLFUL INJURY, WILLFUL VIOLATION OF LAW, NEGLIGENCE, OR A VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. 2A:58C-1 ET SEQ.

THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

IN ADDITION, THE COMPANY AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE, ITS CONTENT, THE SOFTWARE, AND THE PRODUCTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THE WEBSITE.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, THE CONTENT OR THE SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS WEBSITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF THAT PRODUCT OR SERVICE IN ACCORDANCE WITH THE MANUFACTURER’S OR SUPPLIER’S WARRANTY OR TO SEEK A REFUND OR RETURN IN ACCORDANCE WITH OUR RETURNS POLICY.

THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF THE TJX BUSINESSES’ OWN FRAUD, WILLFUL INJURY, WILLFUL VIOLATION OF LAW, NEGLIGENCE, OR A VIOLATION OF THE NEW JERSEY PRODUCTS LIABILITY ACT, N.J.S.A. §§ 2A:58C-1 ET SEQ.

Digital Millennium Copyright Act Notice

We will respond to claims of copyright infringement, will promptly process and investigate notices of alleged infringement by third parties, and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to the designated agent noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent. In order to give effective notification of a claim of copyright infringement by a third party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, that are claimed to have been infringed;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled information reasonably sufficient to permit us to locate the material;
  • information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  • a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has not authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of claims of copyright infringement can be reached as follows:

By mail:
Variety Wholesalers, Inc.
Attn: Legal Department
218 S. Garnett St.
Henderson, NC 27536

By E-mail:
[email protected]

The above contact information is only for reporting claims of copyright infringement. See other portions of this Website for contact information for other issues.

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner, or copyright owner’s authorized licensee, or by the Company or its affiliates, who is injured by such misrepresentation, as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

A person, against whom a notice of copyright infringement is filed, may file a counter notification with the Designated Agent at the address listed above. To be effective, a counter notification must be a written communication provided to the Designated Agent that includes substantially the following:

  • a physical or electronic signature of such person;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that such person has a good faith belief that the material was removed or disabled as a result of mistake or mis-identification of the material to be removed or disabled; and
  • such person’s name, address, and telephone number, and a statement that such person consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if such person’s address is outside the United States, for any judicial district in which the Company may be found, and that such person will accept service of process from the complainant who provided the original notification or an agent of the complainant.

If a valid counter notification is received, we will provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 14 business days, and replace the removed material or cease disabling access to it in 10 to 14 business days following receipt of the counter notification, unless the Designated Agent receives notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the Website. Please note that the DMCA provides substantial penalties for a false counter notification filed in response to a notice of copyright infringement. A person who makes a misrepresentation in a counter notification statement may be liable for any damages, including costs and attorneys’ fees, incurred by any copyright owner or copyright owner’s authorized licensee, or incurred by the Company or its affiliates who is injured by such misrepresentations, as a result of reliance upon such misrepresentation in replacing the removed material or ceasing to disable access to it.

Indemnification

You agree to defend, indemnify, and hold the Company and its Affiliates harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to: (a) your use of the Website in violation of these Terms of Use; (b) any information (including your Content) that you submit, post, or transmit through the Website in violation of these Terms of Use; (c) any other violation of these Terms of Use by you; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you.  The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  If we assume the defense of such a matter, you will reasonably cooperate with the Company in such defense.  The foregoing indemnity provision shall not apply to the extent that any claim arises from the Company’s own fraud, willful injury, willful violation of law, negligence, or a violation of the New Jersey Products Liability Act, N.J.S.A. §§ 2A:58C-1 et. seq.

Governing Law

These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of North Carolina, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

Termination

These Terms of Use are in effect unless and until you or the Company terminates this agreement. You may terminate your consent to these Terms of Use at any time, but must then immediately discontinue all use of this Website. We reserve the right to terminate any user’s right to access the Website at any time, in our discretion. If you violate any of the Terms of Use, your permission to use the Website automatically terminates. The Company retains the right to any comments and content submitted by you prior to termination of this agreement, and such right shall survive the termination of these Terms of Use.

Other Provisions

Under no circumstances will the Company be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.  The failure of the Company to enforce any right or provision of these Terms of Use will not prevent the Company from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms of Use, including in connection with a merger, acquisition, a sale of assets, or by operation of law.

Contact Us

Variety Wholesalers, Inc.
218 S. Garnett St.
Henderson, NC 27536
[email protected]
(252) 430-2600