Effective Date: August 25, 2010
Terms and Conditions
Welcome to the LaminateFinder.com Website (“Website”) operated by American RENOLIT Corporation (the “Company”, “we” or “us”). The Website provides Services (“the Services”) which permits users to view Company products, create project folders, order free samples of materials and products, receive Company updates about news, products, and developments, and pre-qualify as a legitimate customer of the Company.
In order to use the Services, you must agree to Company’s terms and conditions (“Agreement”) before you may access and / or use the Website or Services.
PLEASE READ THIS AGREEMENT CAREFULLY.
By accessing and using the Website or Services, you represent and warrant that you are more than thirteen (13) years of age and that, if you are under eighteen (18) years of age, your legal guardian has agreed to be bound with you by this Agreement. Otherwise, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority and capacity to agree to this Agreement and to abide by all of its terms and conditions.
Username and Password:
You may be asked during the registration process to choose a username and password. We reserve the right to refuse to grant you any username, in our sole discretion, if the username that you choose is invalid. Invalid usernames include, but are not limited to, usernames that are vulgar or offensive; usernames that attempts to impersonate another individual or company; or usernames that violate trademark law, which may cause confusion, or which violate any other proprietary rights of any company or individual.
You agree that you are solely responsible for any and all activities that are conducted using your account. Please keep your username and password confidential. You agree that you will not transfer, resell, or allow any other third party to use your username and password to access the Website. If you have reason to believe that your username and / or password have become compromised, you agree to immediately notify the Company of such event by e-mailing the Company at infoLaminateFinder [dot] com. For security reasons, the Company will not release username or password information for any reason, other than to the applicable user, except as may be specifically required by law or court order.
Limited Non Exclusive Licenses:
You are granted a non exclusive, non transferable, limited license to access and use the Website or Services in accordance with the Agreement (“Site Limited License”). This Site Limited License may be revoked at any time at the sole discretion of Company. The Site Limited License permits you to access and use the Website or Services for your own personal use. No part of the Website or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. The Site Limited License specifically prohibits you from copying, emulating, renting, leasing, decompiling, transferring, disassembling, cloning, or reverse engineering the Website or Services or any portion thereof.
In addition, your Site Limited License specifically prohibits you from using any software, device or routine to interfere with the normal or proper working order of the Website or Services. You may not engage in any action which creates an unreasonably large load on Company’s infrastructure. Unauthorized access to the Website or Services breaches this Agreement and is a violation of applicable law.
All of the content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, Services, computer coding and other matters related to the Website or Services, are the sole property of Company, except where specifically indicated. As such, they are protected to the maximum extent permitted by copyright laws, trademark laws, other proprietary laws (including, but not limited to, intellectual property and trade secret laws) and international treaties.
Any content (including any products themselves) displayed on the Website or Services is protected by copyright law and international treaties as an original work, a compilation and a collective work. Any reproduction, modification, creation of derivative works from or the distribution of the Website or Services or the collective work and/or copying or in any way reproducing the Website or Services or any portion thereof to any fixed medium for reproduction or redistribution is prohibited without the express written consent of Company. Without limiting any of the specific rights or prohibitions herein, you agree not to reproduce, duplicate, copy, sell or exploit for any commercial purpose the Website or Services or any aspect or portion thereof.
We do not claim to own any of the content posted or provided by third parties to the Website. Any copyright, trademark, and other intellectual property rights may exist in those works are the sole and exclusive rights of the author/artist who created such work.
No SPAM Policy:
You acknowledge and agree that sending unsolicited e-mail advertisements to our users, whether or not you are using the Company's computer system to send such e-mail, is expressly prohibited by this Agreement. Such use may constitute a violation of federal and state law including, but not limited to, the Computer Fraud and Abuse Act (18 U.S.C. Sec. 1030, et seq.) and the CAN-SPAN Act of 2003. Such misuse of the Services and / or Website may subject the sender to civil and criminal penalties. If we are informed that you are sending such e-mail advertisements, we will terminate your account immediately and, if necessary, will take other steps to keep you from using the Services.
Third-Party Website or Services:
The Website or Services may provide hyperlinks, banner advertisements, pop-ups and/or other online methods to redirect you to other third party Internet websites and/or services and/or resources. Because the Company has no control over such website and/or services and/or resources, you hereby acknowledge and agree that the Company is not responsible for the availability of such third party website or services and/or resources. Furthermore, Company does not endorse, and is not responsible or liable for, any content, advertising, services, products and/or other materials at or available through such third party website and/or services or resources, or for any damages and/or losses incurred through such website and/or services or other resources.
The Company respects the intellectual property rights of others and we ask our users to do the same. The Company may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.
The Company takes any violation of those rights very seriously. If you believe that your work has been copied in a way that constitutes copyright/trademark infringement, or your intellectual property rights have been otherwise violated, please provide Company’s intellectual property rights agent with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed or, in the case of multiple copyrighted works, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material.
- Information reasonably sufficient to permit Company to contact you, such as an address, telephone number and, if available, an e-mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or under applicable laws.
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company’s agent for notice of claims of copyright and other intellectual property right infringement can be reached as follows:
By U.S. Mail: American RENOLIT Corporation, 1207 E. Lincolway, LaPorte, IN 46350
By email: infoLaminateFinder [dot] com
Indemnification: You agree to indemnify, defend and hold Company, its parents, subsidiaries and affiliates, and each of their respective officers, executives, employees, owners, and authorized agents (“Covered Parties”), harmless from any and all loss, liability, claims and/or demands (including reasonable attorneys' fees, costs and settlement amounts) made by any third party due to, or arising out of, your use of the Website or Services and/or arising from your breach of this Agreement.
WARRANTIES/LIMITATION OF LIABILITY:
YOU EXPRESSLY AGREE THAT ACCESS AND/OR USE OF THE WEBSITE OR SERVICES IS AT YOUR SOLE RISK. THE WEBSITE OR SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY AND THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND THE COVERED PARTIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE WEBSITE OR SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
COMPANY IS NOT RESPONSIBLE TO YOU AND/OR ANY THIRD PARTY, WITHOUT LIMITATION, FOR: 1) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF, USER AND/OR MEMBER COMMUNICATIONS; 2) ANY POTENTIALLY OFFENSIVE, INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR SERVICES WHETHER CAUSED BY COMPANY OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED ON THE WEBSITE OR SERVICES; 3) ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; OR 4) ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
THE MAXIMUM LIABILITY OF COMPANY AND THE COVERED PARTIES TO YOU OR TO ANY THIRD PARTY, IN THE AGGREGATE, UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO ANY FEES THAT YOU HAVE PAID TO COMPANY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS AND/OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE OR SERVICES.
Dispute Resolution/Governing Law:
This Agreement shall be treated as though it were executed and performed in Indiana and shall be governed by and construed in accordance with the laws of the State of Indiana (without regard to conflict of law principles).
Should a dispute arise concerning the terms and conditions of this Agreement or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Chicago, Illinois, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any Company from seeking injunctive relief in the City and County of LaPorte, State of Indiana order to protect its rights pending an outcome in arbitration.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with, the Website or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Company’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
We are not responsible for any loss, damages, costs, claims or expenses which you may incur as a result of our delay in or failure to perform our obligations where such delay or failure is due to causes beyond our control. Causes beyond our control include: fire, flood, earthquake, accident, civil disturbances, war, terrorism, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, acts of God and acts of Government.
Any attempt by any individual, whether a user or otherwise, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website or Services, is a violation of criminal and civil law and Company will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
This Agreement is subject to change at any time, with or without notice. All changes are effective upon their posting on the Website. You agree that it is your responsibility to bookmark this page and to check it frequently for updates to your Agreement with us. If you object to any of the terms and conditions in the Agreement, if you become dissatisfied with the Website or Services or any subsequent modifications to the Agreement, your sole recourse is to immediately discontinue the use of the Website and Services.