Terms Of Service
Copyrights
This Site and the materials within it are © 2007 Exterior
Solutions. ("ExteriorSolutions.com"). Viewing this Site
creates a copy of Exterior Solution materials in your computer's
random access memory and/or in your hard drive and/or in your
proxy server.
Use License
Exterior Solutions and ExteriorSolutions.com jointly grant you
permission to view this Site and to print individual pages from
this Site for your own personal, noncommercial use, provided that
you agree to and accept without modification the notices, terms
and conditions set forth in this agreement. You may not modify,
copy (except as set forth in the preceding sentence), distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer or sell any information, material,
software, products or services from this Site.
Your use of this Site constitutes your agreement and acceptance
without modification of the notices, terms and conditions set
forth herein. In addition, as a condition of your use of this
Site, you represent and warrant to Exterior Solutions that you
will not use this Site for any purpose that is unlawful, immoral
or prohibited by these terms, conditions and notices. If you do
not agree and accept without modification the notices, terms and
conditions set forth herein, do not use this Site. Other than
this agreement and agreements between you and Exterior Solutions
relating to the sale of products or services to you through this
Site, Exterior Solutions will not enter into any agreement with
you or obligation to you through this Site and no attempt to create
such an agreement or obligation will be effective.
Trademarks
The trademarks, service marks and logos (the "Trademarks")
used and displayed on this Site are registered and unregistered
Trademarks of Exterior Solutions and others. Nothing on this Site
should be construed as granting, by implication, estoppel or otherwise,
any license or right to use any Trademark displayed on the Site,
without the prior written permission of the Trademark owner. Exterior
Solutions aggressively enforces its intellectual property rights
to the fullest extent of the law. The name of Exterior Solutions,
the Exterior Solutions logo or the other Exterior Solutions formatives
may not be used in any way, including in advertising or publicity
pertaining to distribution of materials on this Site, without
prior, written permission from Exterior Solutions. Exterior Solutions
prohibits use of the Exterior Solutions logo as part of a link
to or from any site unless establishment of such a link is approved
in advance by Exterior Solutions in writing. Fair use of Exterior
Solution's Trademarks requires proper acknowledgment. Other product
and company names mentioned in this Site may be the Trademarks
of their respective owners.
Product Orders
While we will use our best efforts to fulfill all orders, Exterior
Solutions cannot guarantee the availability of any particular
product displayed on this Site. Exterior Solutions reserves the
right to discontinue the sale of any product listed on this Site
at any time without notice.
Product prices offered on this Site may vary from other advertised
prices due to varying conditions in different geographic markets.
The prices displayed on this Site are quoted in U.S. dollars and
are valid and effective only within the United States, and such
prices do not include shipping and handling or sales taxes, if
applicable, which will be added to your total invoice price. You
are responsible for the payment of any shipping and handling charges
and state and local sales or use taxes that may apply to your
order.
While our goal is a 100% error-free Site, we do not guarantee
that any content is accurate or complete, including price information
and product specifications. If we discover price errors, they
will be corrected on our systems, and the corrected price will
apply to your order. Exterior Solutions reserves the right to
revoke any stated offer and to correct any errors, inaccuracies
or omissions (including after an order has been submitted and
accepted).
For further information about purchasing products from Exterior
Solutions, please read our FAQ.
Links to Third Party Sites
This Site may contain links to Sites owned or operated by parties
other than Exterior Solutions. Such links are provided for your
reference only. Exterior Solutions does not control outside Sites
and is not responsible for their content. Exterior Solution's
inclusion of links to an outside Site does not imply any endorsement
of the material on the Site or, unless expressly disclosed otherwise,
any sponsorship, affiliation or association with its owner, operator
or sponsor, nor does Exterior Solution's inclusion of the links
imply that Exterior Solutions is authorized to use any trade name,
trademark, logo, legal or official seal or copyrighted symbol
that may be reflected in the linked Site.
Exterior Solutions also may make employment information available
through this Site. Exterior Solutions is an equal opportunity
employer. Exterior Solutions provides equal employment opportunity
to qualified persons without regard to race, color, religion,
sex, national origin, age, veteran status or disability. Exterior
Solution's policy relates to all phases of employment including
recruitment, placement, promotion, training, demotion, transfer,
layoff, recall and termination, rates of pay, employee benefits
and participation in all company-sponsored employee activities.
THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR
REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET
FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS
OF EXTERIOR SOLUTIONS OR ANY OF ITS AFFILIATES OR AGENTS. THESE
MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT
OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS
IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT
DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE.
YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION
AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT
DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED
FROM TIME TO TIME WITHOUT NOTICE.
NO WARRANTIES; EXCLUSION OF LIABILITY
EXTERIOR SOLUTIONS MAKES NO REPRESENTATION ABOUT THE SUITABILITY
OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED. EXTERIOR SOLUTIONS SPECIFICALLY DISCLAIMS ALL WARRANTIES
AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND -NON-INFRINGEMENT. NEITHER EXTERIOR SOLUTIONS NOR EXTERIORSOLUTIONS.COM
SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS
IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION
WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY
OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR
USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER
EXTERIOR SOLUTIONS, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY
TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS
SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
Contacting Us
If you have any questions about this agreement, please call us
at 1-866-760-2846, email us at info@ExteriorSolutions.com, log
on to http://www.ExteriorSolutions.com/contact.aspx,
or write us at:
Exterior Solutions
Attention: Internet Customer Service
736 Cutler Street
St. Charles, IL 60174
Although Exterior Solutions will in most circumstances be able
to receive your e-mail or other information provided through this
Site (including, without limitation, service requests and other
submissions), Exterior Solutions does not guarantee that it will
receive all such e-mail or other information timely and accurately
and shall not be legally obligated to read, act on or respond
to any such e-mail or other information. Be aware that Internet
e-mail typically is not secure.
General
This Site resides on a server in Olathe, Kansas, USA. You agree
that this agreement and your use of this Site are governed by
the laws of the State of Kansas, USA. You hereby consent to the
exclusive jurisdiction and venue of the courts, tribunals, agencies
and other dispute resolution organizations in Olathe, Kansas,
USA in all disputes (a) arising out of, relating to, or concerning
this Site and/or this agreement, (b) in which this Site and/or
this agreement is an issue or a material fact, or (c) in which
this Site and/or this agreement is referenced in a paper filed
in a court, tribunal, agency or other dispute resolution organization.
Use of this Site is unauthorized in any jurisdiction that does
not give full effect to all provisions of this agreement, including
without limitation this paragraph and the warranty disclaimers
and liability exclusions above. Exterior Solutions has endeavored
to comply with all legal requirements known to it in creating
and maintaining this Site, but makes no representation that materials
on this Site are appropriate or available for use in any particular
jurisdiction. Use of this Site is unauthorized in any jurisdiction
where all or any portion of this Site may violate any legal requirements
and you agree not to access this Site in any such jurisdiction.
You are responsible for compliance with applicable laws. Any use
in contravention of this provision or any provision of this agreement
is at your own risk and, if any part of this agreement is invalid
or unenforceable under applicable law, the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and the remainder of the agreement shall govern such use.
With the prior agreement of Exterior Solutions, any claim, dispute
or controversy arising out of, relating to or concerning this
Site and/or this agreement shall be decided by binding arbitration
in accordance with the Rules of the American Arbitration Association
and any such arbitration proceedings shall be brought and held
in Olathe, Kansas, USA. The decisions of the arbitrators shall
be binding and conclusive upon all parties involved and judgment
upon any award of the arbitrators may be entered by any court
having competent jurisdiction. This provision shall be specifically
enforceable in any court of competent jurisdiction.
You agree that Exterior Solutions may at any time and without
notice change the terms, conditions and notices under which this
Site is offered.
You agree that no joint venture, partnership, employment or agency
relationship exists between you and Exterior Solutions as a result
of this agreement or your use of this Site.
Exterior Solution's performance of this agreement is subject to
existing laws and legal process and nothing contained in this
agreement is in derogation of Exterior Solution's right to comply
with law enforcement requests or requirements relating to your
use of this Site or information provided to or gathered by Exterior
Solutions with respect to such use.
This agreement, the privacy and security statement, and terms
of sale constitute the entire agreement between you and Exterior
Solutions with respect to this site. This agreement supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and Exterior Solutions
with respect to this Site. No modification of this agreement shall
be effective unless it is authored by Exterior Solutions or its
affiliates, or unless it is physically signed in blue ink by an
Exterior Solutions officer. Any alleged waiver of any breach of
this agreement shall not be deemed to be a waiver of any future
breach. A printed version of this agreement and/or of any notice
given by Exterior Solutions in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating
to this agreement or your use of this Site to the same extent
and subject to the same conditions as other business documents
and records originally generated and maintained by Exterior Solutions
in printed form.
Copyright © 2007 Exterior Solutions
All Rights Reserved.
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