Terms and Conditions of Use Agreement


Terms and Conditions of Use Agreement


 
We have taken every effort to design our Website to be useful, informative, helpful, honest and fun. We hope that this has been accomplished and we ask that you let us know of any improvements or changes that would make it even easier to find the information you need and want.

All we ask is that you agree to abide by the following Terms and Conditions of Use. Take a few minutes to look at this because by using our website you are agreeing to them. It goes without saying, if you don’t agree, do not use this website. It is our exclusive right to make any modifications that are deemed necessary at our discretion. You are asked to continue to check these terms to see what changes may have been made! Your continued use of the Fireplace-Screens-and-Accessories.com Website means that you have accepted all those changes.

We value your visit!

1. It is agreed that we will provide you access to Our Website in accordance with these Terms and Conditions of Use.

2. Your agreement is to use Our Website in a manner that is consistent with any and all applicable rules and regulations.

3. You accept that Our Website is provided to you on an "as is, as available" basis.

4. ALL ARTICLES AND MATERIAL THAT IS DISPLAYED BY US ON OUR WEBSITE ARE FOR INFORMATION ONLY AND ARE CERTAINLY NOT A SUBSTITUTE FOR SPECIFIC ADVICE FROM A PROFESSIONAL.

5. WE MAY FOR OUR MARKETING PURPOSES, COLLECT, PROCESS AND TRANSMIT DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING OUR WEBSITE.

6. You are authorized to download only one copy any material on our Website on one computer for your personal, non-commercial use, but you may not in doing so remove or amend any copyright, trademark, or other proprietary notice.

7. Subject to the above, you do not have permission to modify copy, distribute, republish or upload any of the material on our Website without receiving our prior consent in writing. No intellectual property or any other rights shall be transferred to you. This website is checked with copy protection software to ensure against plagiarism using advanced spider technology to easily identify the location of any stolen material from this website.

8. To the extent that portions of our Website (such as any "chat rooms" or "bulletin boards") may provide users with the opportunity to post and exchange information, ideas and opinions ("Postings"), PLEASE BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEBSITE, and these Postings do not necessarily reflect our views. To the fullest extent that is permitted by all applicable laws, we exclude all responsibility and liability for the Postings or for any expenses or losses resulting from their use and/or appearance on our Website.

9. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWEVER THEY ARISE. THIS INCLUDES WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME THE ENTIRE RESPONSIBILITY FOR DETERMING AND ESTABLISHING ANY PARTICULAR PROCEDURES FOR BACKING UP DATA AND CHECKING FOR COMPUTER VIRUSES AS YOU CONSIDER NECESSARY.

10. We reserve the right to monitor all materials posted on any bulletin board (“Postings”) for this Website and to remove any of these Postings which we consider in our absolute discretion to be offensive or otherwise in breach of these Terms and Conditions of Use.

11. It is agreed that you hereby represent and warrant that you have all the necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any proprietary or other rights of third parties.

12. Where we provide hypertext links to other Websites, this is done for information purposes only, and these links are not endorsements by us of any products or services in such Websites and we accept no liability nor make any endorsement or approval of the same.

13. The Terms and Conditions of Use contain the entire understanding between us with respect of Our Website. Furthermore there is no statement, representation, or inducement either oral or written, not contained herein that shall bind either of us.

14. If any part of the Terms and Conditions of Use be declared invalid or unenforceable by a court of competent jurisdiction, this will not affect the validity of any remaining portion and such remaining portion is to remain in full force and effect as if the invalid portion of the Terms and Conditions of Use had been eliminated.

15. This Agreement (Terms and Conditions of Use) is governed by the laws of the State of Texas, without regard to principles of conflict of laws.

To the extent that you have in any way violated or threatened to violate Fireplace-Screens-And-Accessories.com and/or its affiliates' intellectual property rights, Fireplace-Screens-And-Accessories.com and/or its affiliates may seek injunctive or other suitable relief in any federal or state court in the State of Texas, and you approve of the exclusive jurisdiction and venue in such courts.

All other disputes will be resolved in the following manner:

If there is a dispute under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Dallas, Texas USA. All fees and costs, not including attorney fees related to mediation, will be equally shared by each of us.

If it turns out that it is impossible to arrive at a mutually satisfactory solution through mediation, we agree that the dispute will be submitted to binding arbitration at the following location: Dallas, Texas USA, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in a court which has jurisdiction to do so.