Terms of Use

Welcome to Chervan.com (the “Web Site”). Your use of this Web Site is subject to these Terms of Use and our separate Privacy Policy. You should carefully read these Terms of Use and our Privacy Policy before using this Web Site. By using this Web Site, you agree to be bound by and accept these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use and our Privacy Policy, do not use this Web Site for any purpose or means. This Web Site is the sole property of Frank Chervan, Inc. (“Chervan”) and shall not be used for any purpose that is unlawful or otherwise prohibited by these Terms of Use. You hereby assume all risks associated with the use of this Web Site and should not rely upon any content or materials on this Web Site for any reason whatsoever.

Trademark

This Web Site contains materials, such as names, terms, phrases and/or logos, that are either registered or unregistered trademarks, service marks or trade dress of Chervan or of other third parties, including, but not limited to the name Chervan. Nothing in this Web Site should be construed as granting, expressly, by implication, estoppel or otherwise, any license or right to use any trademark, service mark or trade dress used in this Web Site, in any manner whatsoever. Any unauthorized or unlawful use of any trademark, service mark or trade dress, including, but not limited to, on another web site as a part of a link to this Web Site without the express written permission of Chervan, is strictly prohibited.

Copyright

The content and materials provided on this Web Site are subject to the ownership rights of Chervan or are authorized to be used by Chervan. Chervan hereby authorizes you to make a single copy of the content on this Web Site for personal use. You must retain all copyright and other proprietary notices contained on this Web Site on any copy of the content or material from this Web Site. Any other use of the content or materials on this Web Site is strictly prohibited. Except as otherwise provided in these Terms of Use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, materials, products or services from this Web Site. Chervan will aggressively enforce its intellectual property rights to the fullest extent of the law.

Links

This Web Site may contain links to other web sites not owned, controlled or maintained by Chervan. These links are provided solely for your convenience and to allow you to access other web sites containing materials reasonably related to those of Chervan in the uphosteltry and furniture industry. Chervan does not have control over and is in no manner responsible for any content or materials on the linked web sites or the availability of these linked web sites. The inclusion of any link to another web site does not imply any endorsement, association or affiliation by Chervan of the linked web site or any products, services or other materials provided on the linked web site. Chervan prohibits any other web site from providing a link to this Web Site, including, but not limited to, the use of the Chervan trademark to indicate any such link, without the express written consent of Chervan.

Employment

Chervan may make employment information or opportunities available on this Web Site. Chervan is an equal opportunity employer and provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. The inclusion of any employment information or opportunity on this Web Site does not create any employment relationship, express or implied, between you and Chervan.

Submissions

Any remarks, suggestions, ideas or other information or materials communicated to Chervan through this Web Site will be considered non-confidential. By providing such information or materials to Chervan, you hereby grant Chervan a perpetual, irrevocable and unrestricted license, without charge or royalty, to use, reproduce, modify, publish, edit, translate, distribute and display such information or materials and to authorize other third parties to use such information or materials. Any information or materials not provided by you with this authorization may not be submitted to Chervan through this Web Site. Children under the age of 13 are not permitted to submit any information to this Web Site, including, but not limited to, any personally identifiable information.

No information or materials submitted to this Web Site may contain any of the following: (a) any vulgar, obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing information or material; (b) any sexually-explicit information or materials; (c) any copyrighted, trademarked or other proprietary information without the owner of such information’s consent; (d) any trade secrets or other confidential information without the owner of such information’s consent; (e) any information or material that infringes upon any intellectual property rights or privacy rights of any person or entity; and (f) any advertisements or solicitations for business.

Chervan shall not be liable for any information or materials posted to this Web Site and does not represent or warrant that such information or materials are truthful, accurate or reliable. Any reliance on the information or material posted to this Web Site will be at your own risk. Chervan reserves the right to expel any user of this Web Site, remove any information or materials and prohibit any further access to this Web Site for violating the law, these Terms of Use or any other reason in Chervan’s sole discretion.

Surveys & Contests/Sweepstakes

From time to time, this Web Site may offer surveys or contests/sweepstakes to its users. Participation in these surveys or contests/sweepstakes is completely voluntary. The entry or participation in any contest/sweepstakes is subject to the rules of such contest/sweepstakes. Information requested in these surveys or contests/sweepstakes may include contact and other demographic information. Any and all information gathered through these surveys and contests/sweepstakes shall be used by Chervan as set forth in our Privacy Policy.

Terms of Purchase

Chervan offers its furniture frames for purchase through this Web Site. While Chervan has made reasonable efforts to accurately describe its frames, Chervan provides no representations or warranties with regard to the accuracy or completeness of such information, including the prices, product images, specifications or availability. The submission of any order on this Web Site shall be subject to the acceptance by Chervan. Chervan reserves the right to accept, reject or modify any order on this Web Site. The purchase and sale of any frames offered on this Web Site shall be subject to Chervan’s standard Terms and Conditions. Placement of an order shall be deemed acceptance of Chervan’s Terms and Conditions. You may access Chervan’s Terms and Conditions on this Web Site through this link.

Disclaimer

THIS WEB SITE AND ALL CONTENT AND OTHER MATERIALS HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED. CHERVAN DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. CHERVAN MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR ITS SERVERS ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL OR DAMAGING COMPONENTS. CHERVAN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIAL ON THIS WEB SITE. IN NO EVENT SHALL CHERVAN OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR DAMAGES RESULTING TO YOUR COMPUTER OR FROM BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE.

Indemnity

By using this Web Site, you agree to defend, indemnify, and hold harmless Chervan, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that arise from your use or misuse of this Web Site or breach of these Terms of Use. Chervan reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Modifications and Revisions

Chervan may, in its sole discretion, modify or revise these Terms of Use and our Privacy Policy at any time. Any changes or revisions to these Terms of Use or our Privacy Policy will be posted on the Web Site. Accordingly, you should visit this Web Site periodically to review these Terms of Use and our Privacy Policy.

General Provisions

The use of this Web Site and these Terms of Use shall be governed by the laws of the State of Virginia, without regard to conflict of law provisions. The sole jurisdiction for any legal proceedings arising out of your use of this Web Site or any provision in the Terms of Use or the Privacy Policy shall be in Bedford, Virginia. Any waiver by Chervan of a breach of any provision of these Terms of Use shall not operate as or be constructed to be a waiver of any other breach of that provision or of any breach of any other provision of these Terms of Use. If any one or more of the provisions contained in these Terms of Use shall be held to be illegal, invalid, unenforceable or void in any respect by any court of competent jurisdiction, these Terms of Use and any provision herein shall not be rendered null and void and shall not be affected or impaired. These Terms of Use contain the entire agreement between you and Chervan with respect to the use of this Web Site and hereby supersedes all previous agreements with respect to the use of this Web Site. Chervan may modify or amend these Terms of Use or the Privacy Policy at any time without notice to you or any third party. Your use of this Web Site shall not create any joint venture, partnership, agency relationship or employment relationship between you and Chervan. Use of this Web Site is not authorized in any locality, state or country that does not give full effect to all provisions of these Terms of Use.

Contact Us

If you have any questions or comments regarding the use of this Web Site, these Terms of Use or our Privacy Policy, you may contact Chervan by mail at Frank Chervan, Inc.,2005 Greenbrier Ave. Roanoke, VA 24013-2628, by phone at (336) 275-7286 or e-mail at webmaster@chervan.com. Chervan will make reasonable efforts to answer your questions or comments but does not guarantee a response to such questions or comments.