HOOKED OFF-LINE and NEW RIVER MACHINING WEBSITE TERMS OF USE AND PRIVACY POLICY
This website (the “Site”) is owned and operated by New River Machining, LLC (“New River”). These Website Terms of Use (the “Terms”) govern your use of the Site and also contain New River’s “Privacy Policy.” By accessing and/or using the Site, you signify your acceptance of these Terms and the Privacy Policy. If you do not accept these Terms and/or the Privacy Policy, please promptly redirect your Internet browser to another website and do not continued to access or use this Site.
Changes to the Terms
New River may modify these Terms at any time. Those modified Terms will become effective immediately after New River posts them on the Site. You agree to review the Terms posted on the Site each time you access or use the Site so that you are aware of any modifications made to these Terms. If you do not agree to the modified Terms, you are not authorized to access or use the Site. Your failure to comply with these Terms as they may be modified from time to time will constitute breach of contract and may violate New River’s copyright, trademark, and other proprietary and intellectual property rights.
Modification of the Site
New River reserves the right to modify, suspend, and/or discontinue (temporarily or permanently) the Site or any part of the Site from time to time, for any or no reason and without notice. You agree that New River will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. New River may change the information and materials on the Site from time to time at its discretion.
About Children
The Site is not intended for use by anyone under the age of 13 without the prior consent and ongoing supervision of a parent or guardian. By using the Site, you represent and warrant to New River that you meet the foregoing age requirement. New River will not knowingly collect personally identifiable information via the Site from visitors under the age of 13 and will take prompt steps to delete any such personally identifiable information if notified that any has been inadvertently collected.
Privacy Policy
When accessing the Site no individual user profiles are created, not even as a pseudonym. Personal data is only recorded if you voluntarily send it to us, e.g. in the form of a general inquiry by e-mail. Our employees and business partners are committed to confidentiality. We process and use your data only within our company. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. However, no security system is perfect, and we cannot guarantee that personal information you provide to us over the Internet will remain private. We also cannot guarantee that information you transmit to us over the Internet will not be intercepted. Additionally, we may be required to provide your personal information in response to a subpoena or other legal process. If you have provided us with personal data, you always have the possibility to delete your personal data easily by contacting us. This privacy policy applies to all websites that we account for. The Site may include links to websites of other companies and organizations. This privacy policy does not extend to those websites.
Electronic Communications
When you visit the Site or send e-mails to New River, you are communicating with New River electronically. You consent to receive communications from New River electronically. New River will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that New River provides to you electronically satisfy any legal requirement that such communications be in writing.
Your Account
If you set up an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. New River reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
Personally Identifiable Information
New River may collect personal data or personally identifiable information (collectively, “Personal Data”) from users in a variety of ways, including but not limited to when users visit our Site, register on the Site, place an order, subscribe to our newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, and/or credit card information. We also capture some information about your device, such as your IP address, and information related to your visit to our Site, such as the time-stamp, the page(s) or product(s) you viewed, and your log-in. All of this information is considered “Personal Data.” Users may, however, visit our Site anonymously. We will collect Personal Data from Users only if they voluntarily submit such information to us. Users can always refuse to supply Personal Data, except that it may prevent them from engaging in certain Site-related activities. Users may also request that we delete their Personal Data, which may result in a User’s inability to continue to engage in certain Site-related activities.
Sharing Your Personal Information
We do not sell, trade, or rent Personal Data to others. We may share generic aggregated demographic information not linked to any Personal Data regarding visitors and Users with our business partners, trusted affiliates, and advertisers for the purposes outlined above.
We use an external provider to run our store, WooCommerce is based in the United States and is a participant in the EU-US Privacy Shield Framework and committed to providing best-in-class service and data protection. You can check WooCommerce’s participation in the Privacy Shield on the official site of The International Trade Administration (ITA), U.S. Department of Commerce (www.privacyshield.gov).
How We Use Collected Information
New River may collect and use Personal Data for the following purposes:
• To personalize user experience
We may use information in the aggregate to understand how our users as a group use the services and resources provided on our Site. We may also use your specific Personal Data to remember you when you log in again, so that you do not need to re-authenticate yourself, to let you browse between products and pages more easily, to remember if you put something in your shopping cart before you decide to checkout or leave the Site, and to ensure that your Personal Data is processed securely.
• To improve our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you.
• To improve customer service
Your information helps us to respond more effectively to your customer service requests and support needs.
• To process transactions
We may use the information users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
• To administer a content, promotion, survey or other Site feature
To send users information they agreed to receive about topics we think will be of interest to them.
• To send periodic emails
The email address users provide for order processing will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If a user decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the user would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or the user may contact us via our Site.
Data Security
New River uses data security systems and procedures to protect the privacy of information that you provide to New River, and New River will use commercially reasonable efforts to keep confidential the information associated with your account. However, no security system is perfect, and New River cannot and does not guarantee that information you provide to New River will remain private. We also cannot guarantee that information you transmit to New River over the Internet will not be intercepted. Additionally, New River may be required to provide personal and other information that you submit to New River in response to a subpoena or other legal process.
Transmission of Information and Other Materials Via the Site
New River welcomes your comments and suggestions about the Site and New River’s products and services, but New River does not wish for you to send any confidential or proprietary ideas, suggestions, materials, or other information relating to developing, designing, redesigning, modifying, providing, or marketing any of its products or services or any new products or services. You agree that any information, ideas, suggestions, or materials that you or individuals acting on your behalf send to New River via the Site, including but not necessarily limited to emails, feedback, data, questions, comments, product or service ideas, know-how, or suggestions (collectively, “Unsolicited Information”) will not be considered confidential or proprietary, even if the Unsolicited Information is labeled “Confidential” or “Proprietary.” Further, New River will own all Unsolicited Information you submit to it via the Site, and by submitting the Unsolicited Information to New River, you irrevocably assign to New River all worldwide rights, title and interest in and to that Unsolicited Information. New River will be free to reproduce, use, disclose and distribute Unsolicited Information to others without limitation or liability. New River may use any ideas, concepts, know-how or techniques in the Unsolicited Information for any purpose whatsoever, including developing and marketing products or services that incorporate or otherwise embody Unsolicited Information, without providing any notice, compensation, or attribution to you.
Intellectual Property
New River owns the Site and owns or has the right to use all of the content on the Site, including all text, images, graphics, photographs, video clips, audio clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, layouts, configurations, CGI, and other code and scripts in any format used to implement the Site (the “Content”), all of which are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Absent New River’s express written permission as to particular Content on the Site, you may use the Content only for informational purposes, and you may, subject to any stated restrictions or limitations, print a single copy of a limited amount of Content solely for informational purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. Except as expressly authorized by these Terms, you may not distribute, publish, download, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, without New River’s prior written consent, provided that (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (b) you may store files that are automatically cached by your Web browser for display enhancement purposes, and (c) 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 use, provided you agree to be bound by any end user license agreement that we provide for such applications. Additionally, framing pages or parts of pages on the Site and deep linking to pages in the Site are prohibited.
New River or its affiliates own or license all trademarks, service marks, and trade names on the Site, including (but not necessarily limited to) “Hooked Off-Line,” “Hooked Off Line Minder,” and “New River,” unless stated otherwise on the Site. You may not use any of these marks in any manner without New River’s prior express written permission.
Except as expressly provided above, New River is not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in any Content, and nothing in these Terms will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary, intellectual, or other right of New River or any third party. You obtain no rights in the products, equipment, processes, or technology described on this Site by accessing or using the Site. New River and any third party owners retain all of those rights.
If you are a copyright owner and believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on New River actual knowledge of facts or circumstances from which infringing material or acts are evident. You must send the written notice to:
New River Machining, LLC
3935 Hartzog Ford Road
West Jefferson, North Carolina 28694
If you wish to make any use of Content other than as authorized in this section, please contact us at the following e-mail address: newrivermachining@gmail.com.
Advertising
Our Site may use “cookies” to enhance the user’s experience. A user’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
Ads appearing on our Site may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. Our Privacy Policy does not cover the use of cookies by any advertisers.
Prohibited Actions
You may use the Site only for lawful purposes in accordance with these Terms. You agree not to use the Site: (a) 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 U.S.A. or other countries); (b) 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; (c) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with the section of these Terms titled “Intellectual Property”; (d) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation; (e) to impersonate or attempt to impersonate New River, a New River employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm New River or users of the Site or expose them to liability, or (g) to interfere with the proper working of the Site.
References to Other Companies/Links to Other Websites
References on the Site to names, marks, products, or services of third parties or hypertext links to third-party websites do not constitute or imply New River’s endorsement, sponsorship, or recommendation of the third parties or their products, services, or websites. New River does not monitor or control the content of any website linked to or from the Site, and New River is not responsible for the content of those other websites or the terms of use or privacy practices of those sites.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Site; (b) send e-mails or other communications with certain content, or links to certain content, on the Site; or (c) cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Disclaimers of Warranties
New River offers and displays products on the Site as reasonable representations of the potential configuration, design, specification, and/or functioning of its products and services. However, New River does not guarantee that the representations of the products and services are accurate or that each product will be available. New River provides its products and/or services pursuant to specific purchase and service agreements which set forth all applicable terms and conditions, including warranty terms and exclusions. Carefully read any such sale or service agreement. New River disclaims and excludes any and all express and implied warranties for the products and/or services which are not set forth in the sale or service agreement, whether or not information on the products and/or services appears in the Site.
New River disclaims all responsibility and liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, and availability of information and material contained on the Site. The Site may contain inaccuracies or typographical errors. New River disclaims any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material on the Site. New River does not warrant or guarantee that the Site will be error-free or virus-free or that access to the Site will be uninterrupted. New River and its content providers cannot and do not warrant or guarantee against errors, omissions, delays, interruptions, or losses, including loss of data.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. NEW RIVER DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE, OR ABSENCE OF VIRUSES.
IF YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING ANY DAMAGES TO YOUR COMPUTING SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING THAT MATERIAL. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL NEW RIVER, ITS AFFILIATES, ITS DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE CONTENT (COLLECTIVELY, THE “SITE PROVIDERS”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, AND LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF THE SITE, (B) ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM NEW RIVER, OR ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, (C) THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE SITE PROVIDERS, OR (D) INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SITE OR ANY SERVICE, EVEN IF SOME OR ALL OF THE SITE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY ACCESS OR USE OF ANY INFORMATION, IDEA, OR INSTRUCTION IN THE CONTENT.
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 New River, its affiliates, licensors, Site Providers, 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 (a) your use of the Site, (b) user content you submit, post to, or transmit through the Site, (c) your violation of any rights of any other company or person in connection with this Site, or (d) your violation of these Terms.
Conflict Resolution
These Terms will be governed by the laws of the State of North Carolina, excluding its conflicts of law provisions. All actions and proceedings relating to the Site or the Content will be commenced and heard exclusively in North Carolina state courts Ashe County, North Carolina or the United States District Court for the Western District of North Carolina. New River and you consent to the jurisdiction of those courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Severability and Waiver
The invalidity of any term, condition, or provision of these Terms will not affect the enforceability of the remaining portions of these Terms. New River’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
Notices
If you have any questions regarding the Site or these Terms, please contact us at:
New River Machining, LLC
3935 Hartzog Ford Road
West Jefferson, North Carolina 28694
or email us at: newrivermachining@gmail.com
Last updated: 8/31/2020