TERMS OF USE
Please read this agreement ("Agreement")
carefully before accessing or using this web site ("Site").
By accessing or using the Site, you agree to be bound by this Agreement.
DecksUSA.com™, and its suppliers provide the information
and services on this Site to you, the user, conditioned on your acceptance
without modification of the terms, conditions and notices contained
herein. Your use of these Sites constitutes your agreement to all
such terms, conditions and notices.
The information and services offered on this Site are
provided with the understanding that neither DecksUSA.com™, nor
its suppliers or users are engaged in rendering legal or other
professional services or advice. Your use of the Site is subject to
the additional disclaimers and caveats that may appear throughout the
Site.
DecksUSA.com™, and its agents assume no
responsibility for any consequence relating directly or indirectly to any
action or inaction that you take based on the information, services or
other material on this Site. While DecksUSA.com™, strives
to keep the information on this Site accurate, complete and up-to-date,
DecksUSA.com™, and its suppliers cannot guarantee, and will not
be responsible for any damage or loss related to, the accuracy,
completeness or timeliness of the information.
PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES
You may access, download and print materials on this
Site for your personal and non-commercial use. You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, frame in another Web page, use on any other
web site, transfer or sell any information, software, lists of users,
databases or other lists, products or services obtained from this Site.
The foregoing prohibition expressly includes, but is not limited to, the
practices of "screen scraping" or "database scraping"
to obtain lists of users or other information. If and when requested
by DecksUSA.com™, you agree to provide true, accurate and
complete user information and to refrain from impersonating or falsely
representing your affiliation with any person or entity. Except with
the written permission of DecksUSA.com™, you agree to refrain
from accessing or attempting to access password protected, secure or
non-public areas of this Site. Unauthorized individuals attempting
to access prohibited areas of this Site may be subject to prosecution.
PROPRIETARY RIGHTS
All materials on this Site (as well as the organization
and layout of the Site) are owned and copyrighted or licensed by
DecksUSA.com™, its affiliates or its suppliers. ©
Copyright DecksUSA.com™, 2000. All rights reserved.
No reproduction, distribution, or transmission of the copyrighted
materials at this Site is permitted without the written permission of
DecksUSA.com™.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to
DecksUSA.com™, that you will not use this Site for any purpose
that is unlawful or prohibited by these terms, conditions, and notices.
If you violate any of these terms, your permission to use the Site
automatically terminates.
LIABILITY DISCLAIMER
You use this Site at your own risk. If your use
of this Site or the materials therein results in the need for servicing or
replacing property, material, equipment or data, neither DecksUSA.com™, nor its affiliates are responsible for those costs.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DECKSUSA.COM™, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THIS SITE AT ANY TIME.
ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL
DECKSUSA.COM™, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY
OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND
SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF DECKSUSA.COM™, ITS AFFILIATES OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless
DecksUSA.com™, its affiliates and suppliers from any liability,
loss, claim and expense (including attorneys' reasonable fees) related to
your violation of this Agreement.
LINKS TO THIRD PARTY SITES
This Site may contain hyperlinks to web sites operated
by parties other than DecksUSA.com™, or its affiliates. For
example, clicking on a company in our Contractor Referral Section may
bring you to a site operated by a party independent of DecksUSA.com™, or its affiliates. Such hyperlinks are provided for your
reference only. DecksUSA.com™, does not control such web
sites, and is not responsible for their contents. Inclusion of
hyperlinks by DecksUSA.com™, to such web sites does not imply any
endorsement of the material on such web sites or any association with
their operators, and you access and use such sites, including information,
material, products and services therein, solely at your own risk.
Furthermore, our privacy policy is applicable only
when you are on our Site, once linked to another web site, you should read
that site’s privacy policy before disclosing any personal information.
CHANGES TO SITE
DecksUSA.com™, its affiliates and/or its
suppliers may make improvements or changes in the information, services,
products, and other materials on this Site, or terminate this Site, at any
time without notice. DecksUSA.com™, may modify this
Agreement at any time, and such modifications shall be effective
immediately upon posting of the modified Agreement. Accordingly, you
agree to review the Agreement periodically, and your continued access or
use of this Site shall be deemed your acceptance of the modified
Agreement.
MISCELLANEOUS
This Agreement and the resolution of any dispute
related to this Agreement or this Site shall be governed by and construed
in accordance with the laws of Ohio, without giving effect to any
principles of conflicts of law. Failure by DecksUSA.com™,
or its affiliates to insist upon strict enforcement of any provision of
this Agreement shall not be construed as a waiver of any provision or
right. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of
this Site or this Agreement must be filed within one (1) year after such
claim or cause of action arose or be forever barred. Any legal
action or proceeding between DecksUSA.com™, and/or its affiliates
and you related to this Agreement shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in Ohio,
County of Mahoning.
Custom Environments and other
DecksUSA.com™, logos,
product and service names are trademarks owned by licensed to DecksUSA.com™, or its affiliates (the "Marks").
Without the prior written permission of DecksUSA.com™, or its
appropriate affiliates, you agree not to display or use in any manner, the
Marks.
All other trademarks are the property of their
respective owners.