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TERMS AND CONDITIONS
OF USE
IDEAL Door (“ID”)
requires that each visitor (the “User”) to its site on the
World Wide Web, having a home address of www.idealdoors.com
and www.idealcommercial.com(the “Sites”)
adhere to the following terms and conditions of use. By accessing this
Site, the User acknowledges his, her or its acceptance of and agreement
to these terms and conditions, and each amendment made to them from time
to time by ID.
INVITATION TO USE; RESTRICTIONS
All Users are invited to display the information, content or advertisements
(the “Materials”) contained on this Site on a single monitor of
a computer accessing this Site over the Internet. Users, such as architects,
contract specifiers and commercial contractors, who intend on specifying or
incorporating ID’s commercial door products in bids or contracts for
a commercial project (Authorized Users) are invited to download and use the
drawings and specifications for ID’s products (Drawings and Specifications)
available from this Site, solely for such specific commercial purposes. Without
the express written consent from ID, all Users, which are not Authorized
Users, are not permitted to copy (other than for displaying on a single monitor
of a computer accessing this Site over the Internet), download, modify, distribute,
transmit, publish, create derivative works from, print or sell any Materials,
Drawings or Specifications for any reason or for any purpose.
User acknowledges that any reliance upon Materials from this Site shall be
at User’s risk, except as otherwise required by law. ID reserves the
right, in its sole discretion, and without any obligation, to correct any error
or omission in any Materials on this Site or to change any drawings or specifications,
or other information without notice.
GENERAL DISCLAIMER
Although ID believes the Drawings and Specifications available on this Site
are accurate, ID does not warrant or endorse the accuracy or reliability
of Materials contained on, distributed through or linked to or downloaded or
accessed from this Site and does not warrant or endorse the quality of any
software or other products, information or other materials displayed, purchased
or obtained by a User as a result of any advertisement or any information or
offer made in or through this Site. ID further does not warrant the Drawings
and Specifications available from this Site with respect to compliance with
any applicable safety or building codes, such as windload requirements, for
any particular application or in any particular jurisdiction, without ID’s
express written agreement.
Any purchase by User of any products or services manufactured or supported
by ID shall be subject to all of the standard terms and conditions set forth
in ID’s contract documents in effect at the time of such purchase.
COPYRIGHT AND TRADEMARKS
The content on this Site, including the Materials, Drawings and Specifications,
is protected by applicable copyright laws. The terms set forth in the “INVITATION
TO USE; RESTRICTIONS” section, above, provide and define a limited license
to such copyrights. The trademarks, logos and service marks displayed on this
Site, including, but not limited to, IDEAL DOOR®,
and LIFESAFETY (collectively, the “Marks”), are the property
of ID. Users are prohibited from using any Mark for any purpose not within
the limited authorization stated in the above “INVITATION TO USE; RESTRICTIONS” section.
TERMINATION
These Terms will terminate immediately without notice from ID if in ID’s
sole discretion, a User fails to comply with any term or provision of these
Terms. Upon termination, the User must immediately destroy all Materials obtained
from this Site and must discontinue any other use of the information obtained
from, or through Users’ access to, this Site. Any license to any copyright
or trademark provided by these Terms, whether express or implied, terminates
immediately upon termination of these Terms.
LINKED INTERNET WEB SITES
ID has provided Internet links to other Web sites for User’s
convenience. ID does not endorse or accept responsibility for any such Web
site. ID makes no representations about any Web site a User may access through
ID’s site. Many Web sites linked to this Site are owned and operated
independently of ID. As a result, ID has no control over the products,
materials, services or other information contained in or available through
these third-party Web sites. The quality and reliability of these third party
Web sites may vary as they are updated or altered. The User acknowledges that
access to any other Web sites linked to this Site is at the User’s own
risk.
NO WARRANTIES
EXCEPT FOR AVAILABLE WRITTEN EXPRESS WARRANTIES FOR ID’S PRODUCTS DESCRIBED
ON THIS SITE, THE MATERIALS, DRAWINGS, SPECIFICATIONS, PRODUCTS AND OTHER RESOURCES
AVAILABLE FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW. ID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ID DOES NOT WARRANT THAT THE DISSEMINATION OF THE
MATERIALS, DRAWINGS OR SPECIFICATIONS WILL BE ERROR FREE OR UNINTERRRUPTED.
ID DOES NOT WARRANT THAT THE MATERIALS, DRAWINGS, SPECIFICATIONS OR THE SERVER
THAT MAKES THEM AVAILABLE WILL NOT CONTAIN ANY COMPUTER VIRUSES THAT MAY INFECT
THE USER’S COMPUTER EQUIPMENT, NETWORK OR RELATED SOFTWARE. ID DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY
OR RELIABILITY OF THE MATERIALS, DRAWINGS OR SPECIFICATIONS AND THE USER ASSUMES
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, TO THE EXTENT
PERMITTED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ID BE LIABLE TO USER OR ANYONE ELSE FOR ANY INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY
OR LOSS OF THE USE OF THE MATERIALS, DRAWINGS OR SPECIFICATIONS) ARISING OUT
OF OR RELATED TO THESE TERMS OR ANY NEGLIGENCE BY ID WITH RESPECT TO THE
SITE OR THESE TERMS, EVEN IF ID OR ANY PROVIDER OF THE MATERIALS, DRAWINGS
OR SPECIFICATIONS HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY
THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO THE USER. IN NO EVENT
SHALL ID’S TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION EXCEED THE AMOUNT PAID BY THE USER, IF ANY, FOR ACCESSING THIS SITE.
INDEMNITY
The User agrees to indemnify and hold ID and its affiliates harmless from
and against any and all claims, losses, liability, costs, and expenses (including,
but not limited to, attorneys’ fees) arising from the User’s violation
or breach of these Terms, arising from the User’s violation of any third
party’s rights including, but not limited to, copyrights, proprietary
and privacy rights, or arising from User’s violation of any applicable
federal, state or local law, regulation or ordinance. This indemnification
and hold harmless obligation will survive the termination of these Terms.
APPLICABLE LAW; FORUM
The User’s access to and use of this Site and any Materials, Drawings
and Specifications available on or through this Site are subject to and shall
be governed by and construed in accordance with all applicable federal laws
of the United States and applicable laws of the State of Ohio and local governmental
entities. ID and User irrevocably consent to the exclusive jurisdiction of
the courts of the State of Ohio and the federal courts situated in the State
of Ohio in connection with any action arising under or in connection with these
Terms or relating to the User’s access of this Site, or any Materials,
Drawings and Specifications available on or through this Site.
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