THIS PAGE STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THIS INTERNET SITE. PLEASE READ THESE PAGES CAREFULLY, IF YOU DO NOT ACCEPT ALL TERMS AND CONDITIONS STATED HERE, YOU MAY NOT, AND ARE NOT AUTHORIZED, TO USE THIS SITE. FENCECENTER.COM MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THE TERMS AND CONDITIONS BECAUSE THEY ARE BINDING TO YOU WHEN YOU USE THIS SITE.
Limited License to Use- fencecenter. com a Maryland based company, hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access and use fencecenter.com online service and all public pages of the fencecenter.com domain (the "Internet Site") operated by fencecenter.com provided, and expressly conditioned upon, your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Terms and Conditions of Use Agreement (this agreement). You hereby acknowledge and agree as follows:
Internet Site- The term Internet Site shall be deemed to include all areas, pages and any subscription or any other software, product, service, plan, data, or information provided by fencecenter.com or third-parties (collectively referred to herein as "Information") on the fencecenter.com Internet Domain. From time to time, fencecenter.com may display or allow third parties to display information on the Internet Site, including, but not limited to, plans for home improvement projects, referrals or recommendations of contractors or other vendors, product guides, residential home mortgage information, and other Information pertaining to the construction, maintenance or improvement of the home and garden. fencecenter.com does not guarantee the availability, accuracy or reliability of any such information or endorse the products or services of any third party. fencecenter.com shall not be liable, directly or indirectly, for any loss or damage arising out of your use or reliance upon any of the Information or the products featured on the Internet Site, regardless of whether the Information was created by fencecenter.com or a third party.
Ownership and Use- Copyright 1999 fencecenter.com. All rights reserved. The information is exclusive property of fencecenter.com or its licensors, and nothing in the agreement or on the Internet Site shall be construed fencecenter.com as transferring or assigning any such ownership rights to you or any other person or entity. Contract law and various intellectual property laws, including domestic and international copyright laws, protect the information. Except as expressly permitted by this agreement, you may not copy, adapt, distribute, commercially exploit, or publicly display the information or any portion thereof in any manner whatsoever without prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the information. fencecenter.com and its associated logos, and all page headers, marks trade names, custom graphics, buttons and Icons on the Internet Site are service marks, trademarks, or copyrighted materials of fencecenter.com or its licensors. You may store in the memory of your computer and may manipulate, analyze, reformat, print and/or display for your use only the information received or accessed through the Internet Site pursuant to this Agreement. You may not re-sell, re-distribute, broadcast or transfer the information or use the information in searchable, machine-readable database or file. Unless separately and specifically authorized in writing by fencecenter.com, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Internet Site, any part thereof, or any of the information received or accessed there from to or through any other person or entity. You agree to use the Internet Site and information for lawful purposes only. You agree not to post or transmit any information through the Internet Site which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by copyright, trademark or other proprietary right with out the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement or copyright, trademark or other proprietary right or any other harm resulting from any uploading, posting, or submission.
You hereby grant to fencecenter.com and its affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any messages posted on the Internet Site or any email sent by fencecenter.com (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed.
fencecenter.com may add, withdraw or modify information within the Internet Site or services provided through the Internet Site at any time in its sole discretion. You agree to review the terms and conditions of this agreement periodically to be aware of such revisions.
Linking to Internet Site- You may not link to any page within the Internet Site without prior written authorization of fencecenter.com. You may not use any of fencecenter.com of its licensor's proprietary logos, marks or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by fencecenter.com; 2) cause confusion, mistake, or deception; 3) dilute fencecenter.com or its licensors trademarks, service marks or other intellectual property; or 4) otherwise violate state or federal law.
Service Delays- Neither fencecenter.com nor any of its licensors (including its partners, officers, directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. fencecenter.com shall have no responsibility to provide you access to the Internet Site.
Monitoring- You acknowledge that fencecenter.com reserves the right to and may from time to time, monitor any and all information transmitted or received through the Internet Site. fencecenter.com, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt or any information which fencecenter.com deems inappropriate (such as that specified in Section 3) or that violates any term or condition of this Agreement. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of this Internet Site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of the Internet Site will be prosecuted to the full extent of the law.
Equipment and Operation- You shall provide and maintain all telephone and other equipment necessary to access the Internet Site and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment. fencecenter.com reserves the right to refuse assistance or to charge additional fees if you seek assistance from fencecenter.com with respect to such information or any other matters not directly related to the operation of the Internet Site.
Limited Warranty and Liability- You acknowledge that the information and links provided through the Internet Site are compiled from sources which are beyond fencecenter.com. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and fencecenter.com and its licensors do not warrant the accuracy or suitability of the information. YOU ACKNOWLEDGE AND AGREE THAT THE INTERNET SITE AND INFORMATION IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. FENCECENTER.COM AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRUTE OF CUSTOM OF TRADE OR COURSE OF DEALING ANDY ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, FENCECENTER.COM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE INTERNET SITE OR THE INFORMATION WILL MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS. Under this agreement, you assume all risk of errors and/or omissions in the information, including the transmission of translation of information. You assume full responsibility for implementing sufficient procedures and check to satisfy your requirements for the accuracy and suitability of the information and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided under this agreement. YOU AGREE THAT FENCECENTER.COM AND ITS LICENSORS (INCLUDING ITS AND THEIR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE INTERNET SITE OR THE INFORMATION FOR ANY PURPOSE WHATSOEVER.
Viruses- You acknowledge and agree that fencecenter.com will use reasonable efforts to assure that no viruses or programs with similar functions operate on, or are passed through the Internet Site or the information. However, you hereby assume all responsibility (and thereby hold fencecenter.com harmless), by whatever means you deem most appropriate for your needs for detecting and eradicating any virus or program with a similar function.
FTC Notice- SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Indemnification- YOU AGREE TO AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS FENCECENTER.COM AND ITS LICENSORS (INCLUDING ITS AND THEIR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) AGAINST ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS AGREEMENT ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF THE INTERNET SITE, INCLUDING THE INFORMATION OBTAINED THROUGH THE INTERNET SITE AND ANY LOSSES, COSTS, DAMAGES, PERSONAL INJURY OR OTHER EXPENSES ARISING OUT OF YOUR USE OF THIS INTERNET SITE, OR YOUR USE OF OR RELIANCE UPON THE INFORMATION.
Privacy- fencecenter.com doe not collect any personal information about you except when you expressly provide it. fencecenter.com will not transfer information about you to any other party unless otherwise stated at the time of collection. fencecenter.com can use your personal identifying information for editorial, promotional, or marketing purposes, unless you request that your information not be used in such manner. fencecenter.com may place a "cookie" in the browser files of your computer. Such cookies do not contain any personally identifying information.
Non Conflicting Terms- If there is any conflict between this agreement and any help text, manuals or other documents, this agreement shall govern, whether such other documents are prior to or subsequent to this agreement, or are signed or acknowledged by any partner, officer, director, employee, affiliate, agent, representative or subcontractor of fencecenter.com.
Lawyer's Fees- If fencecenter.com takes action (by itself or through its representatives) to enforce any of the provisions of this agreement, including collection of any amounts due hereunder, fencecenter.com shall be entitled to recover from you (and you agree to pay), in addition to all sums to which fencecenter.com is entitled or any other relief, at law of in equity, reasonable and necessary attorney's fees and any costs of any litigation.
Governing Law; Limitations Venue- This agreement shall be governed by the laws of the State of Maryland, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to you access and use of the Internet Site or the information contemplated by this agreement must be instituted within two (2) years from the date upon which such claims or cause arose or accrued. Further, any such claim or cause of action may only be brought in the state and Federal Courts located in Anne Arundel County, Maryland, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Maryland as your agent for service of process. You hereby waive any objection and the right to raise any future objection that the state or Federal courts of Anne Arundel County, Maryland are an inconvenient forum for the resolution of any dispute or claim arising under this agreement.
Severability- If any provision of this agreement is found to be unlawful or un-enforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision) and, as so reformed or modified, fully enforce this agreement.
The Entire Agreement- This agreement is complete and effective at the time you agree to it by using this Internet Site and this agreement constitutes the entire agreement between you and fencecenter.com concerning the subject matter hereof, and no other agreement, written or oral, exists between you and fencecenter.com.
Copyright 2000-2006 Fence Center (www.fencecenter.com)