| |
|
|
  |
|
|
|
WEB SITE TERMS & CONDITIONS
|
Please read the following terms and conditions before using the T. Morton & Co. Flooring Web site. By accessing and using the site,
you acknowledge that you have read, understood, and agree to comply with the terms and conditions contained within this agreement
(“Agreement”).
We may amend these terms and conditions at any time. Your continued use of this Web site constitutes acceptance of the terms and conditions
stated at the time of your use. You should visit this page prior to using this Web site to determine the current terms and conditions to which
you are bound.
Privacy
We collect information about the users of this Web site. Collection of this information is governed by tmorton.com’s Online Privacy Policy.
Registration Obligations
You agree to provide truthful and accurate information when prompted to submit personal information through a form or e-mail request from
authorized T. Morton staff. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue,
inaccurate or incomplete, we reserve the right to suspend your use of any and all services offered through this Web site.
Corporate Identification and Trademarks
All registered and/or unregistered trademarks and/or service marks used or referred to on the Web site are the property of T. Morton & Co.
Flooring and/or its affiliates, unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify
these marks in any way without our prior written permission. The use of T. Morton & Co.’s trademarks on any other Web site is prohibited.
Copyright
All materials contained on this Web site are copyrighted except where explicitly noted otherwise. © 2005, 2008 T. Morton & Co. Custom
Wood Flooring. All rights reserved.
Proprietary Rights to Content
You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, video, graphics or other
material contained in this Web site, in sponsor advertisements or in other information presented to you (“Content”) is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
We give you permission to electronically copy and print portions of the Web site for your personal use. However, we retain the copyright
on all such materials. You understand and agree that you are permitted only to use this Content as expressly authorized by this Agreement
and may not copy, reproduce, distribute or create derivative works from this Content without our prior, express authorization.
Links
The use of T. Morton & Co.’s trademarks as a “link” on or from any other Web site is prohibited unless we have approved the link in advance.
Disclaimer of Warranties
We make no warranty that this Web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor do we make
any warranty as to the results that may be obtained from the use of this Web site or as to the accuracy or reliability of any information obtained
through this Web site. YOU UNDERSTAND AND AGRE THAT ANY CONTENT DO WNLOADED OR OTHER WISE OBTAINED THROUGH THE
USE OF THIS WEB SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RES PONSIBLE FOR ANY DAMAGES TO YOUR
COMPUTER SYSTEM OR LOS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EX PRESSLY PROVIDED OTHER WISE , WE PROVIDE THIS SITE CONTENT “AS IS ” AND WITHOUT WARRANTIES OF ANY KIND ,
EITHER EX PRESS OR IM PLIED , TO THE FULLEST EXTENT ALLO WABLE BY LA W. THIS IN CLUDES THE IM PLIED WARRANTIES OF
MERCHANTABILITY , NONINFRINGEMENT OF INTELECTUAL PROPERTY , AND FITNES FOR A PARTI CULAR PURPOSE. IN NO EVENT
SHAL T. MORTON & CO., ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION , DAMAGES FOR LOSS OF PRO FITS , BUSINESS INTERRU PTION OR LOSS OF IN FORMATION ) ARISING OUT OF THE USE
OR INABILITY TO USE THE SITE CONTENT, EVEN IF WE HAVE BEN ADVISED OF THE POSIBILITY OF SUCH DAMAGES.
NOTE : SOME JURISDI CTIONS MAY NOT ALLO W THE EX CLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
WE MAKE REASONABLE EFFORTS TO PLACE ACCURATE INFORMATION ON THIS WEB SITE. NEVERTHELESS , YOU EXPRESLY
UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRE CT, INDIRE CT, PUNITIVE , ACTUAL ,
CONSEQUENTIAL , IN CIDENTAL , SPECIAL , EXEM PT OR OTHER WISE ) RESULTING FROM ANY USE OF, OR INABILITY TO USE ,
THIS WEB SITE , OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE WEB SITE CONTENT , REGARDLESS OF THE BASIS UPON
WHICH LIABILITY IS CLAIMED, EVEN IF T. MORTON & CO. HAS BEN ADVISED OF THE POSIBILITY OF SUCH LOS OR DAMAGE.
THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROS NEGLIGENCE.
NOTE: SOME JURISDICTIONS MAY NOT ALOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree, at your own expense, to indemnify, defend and hold harmless T. Morton & Co., its officers, directors, employees, agents, affiliates,
distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable
attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of this
Agreement or in connection with your use of this Web site or any product or service related thereto.
Governing Law
This Agreement and the relationship between you and us shall be governed by and construed in accordance with the laws of the State
of Pennsylvania without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to this Agreement or relating
to use of this Web site and the materials contained in this Web site shall be resolved in a Pennsylvania court. You agree that, regardless
of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year
after such claim or cause of action arises, or will be barred forever.
Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right.
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be
severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.
|
|
|
|
| |
