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.
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