NOTICE TO USER
PLEASE READ THIS CONTRACT CAREFULLY. BY INSTALLING/USING EXPLORUG.COM ("the Software") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.
Alternative Technology owns all intellectual property in the Software. Alternative Technology permits you to Use the Software only in accordance with the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEB APPLICATION AT YOUR OWN RISK, AND THE WEBSITE IS PROVIDED "AS IS." Alternative Technology HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE. ALTERNATIVE TECHNOLOGY DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SHOWCASE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION.
THE PUBLISHER SHALL NOT BE LIABLE TO ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THIS PROGRAM AND WEBSITE, RELIANCE ON THE WEBSITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.
If you use this software, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel subscription in our sole discretion.
You are solely responsible for creating backups of your digital content. We are not responsible for any loss of data and/or files resulting from our suspension or deletion of data and/or files, network or system outages, file corruption or for any other reason. In addition, we are not required to return any materials you submit to the Site.
We are not liable for any miscommunication that may occur between you, your clients and manufacturers on matters regarding your rug production.
Alternative Technology and its affiliates respect the intellectual property of others and expect users to do the same. The material (design or room picture) on each showcase is copyrighted and is the sole property and responsibility of respective account holder, unless otherwise noted. To the best of our knowledge, we do not endorse publishing materials that are copyrighted to a party other than who is publishing it with us. We shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by use of copyrighted material.
Downtime: Alternative Technology’s highest priority is its members’ trading success. However, the exploRUG.com site may occasionally experience outages during which users cannot access the showcase. As Alternative Technology has no control over such outages or internet connectivity, we offer no Outage Policy to compensate for member inconvenience.
Product variation: Due to the very nature of lack of precision in appearance of same color across different computer, and due to the individual nature of the weavers and factories, the color and texture of the actual rug may vary from what is seen on the computer screen.
Business transaction: We are not involved in the actual transaction between buyers and sellers. The price calculated by exploRUG.com is based on the pricing rules provided by you. We have no control over and do not guarantee the quality, legality, and accuracy of rugs in production, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
Social media: exploRUG integrates with RUGShare, the platform for sharing rug designs in social media. Since social media are independent third party services and we have no control over them, we offer no technical or troubleshooting support for designs shared in social media through RUGShare.
We are deeply committed to protecting your privacy and take all reasonable steps to protect all data and information supplied to Alternative Technology. We do not share any of your personally identifiable information with third parties. From time to time we may contact you via email or online services regarding new products or special offers if you have not expressly asked us not to contact you.
The information we collect is held as securely as possible on our own independent database so as to ensure that it is virtually impossible for anyone to gain unauthorised access to your personal data.
Your designs are stored on our servers in an encrypted proprietary format that cannot be accessed by unauthorized third parties. However, we may access the files for the purposes of providing you additional services, for maintenance, troubleshooting, product upgrades, backups and other services.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Alternative Technology. Updates may be licensed to you by Alternative Technology with additional or different terms. This is the entire agreement between Alternative Technology and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
You agree to indemnify Alternative Technology and its employees and agents, and to hold them harmless from any and all claims and liabilities (including attorneys' fees) that may arise from your submissions, from your unauthorized use of the showcase, from your breach of this Agreement, or from any such acts arising through your use of the program.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In no event shall Alternative Technology's cumulative liability for any loss or damage to you exceed the amount of the remaining portion of your subscription fee for the Software for that year. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
LAW AND FORUM FOR DISPUTES
This Agreement shall be governed in all respects by the laws of Nepal as they apply to agreements entered into and to be performed entirely within Nepal between Nepali residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Alternative Technology or any of our design showcase hosts must be resolved by a court located in Kathmandu, Nepal. You agree to submit to the personal jurisdiction of the courts located within Kathmandu, Nepal for the purpose of litigating all such claims or disputes.
Updated on April 2015