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.
Registration:
Registration with Company
may be required in order to use the Services. When you register, you agree to provide accurate, current
and complete information about yourself (“Registration Information”). You also represent that we may rely on
your Registration Information as being accurate, current, and complete. All information collected is treated as
described in our Privacy Policy, which can be found at: http://www.LaminateFinder.com/about/privacy. Company
reserves the right to refuse to fulfill your order and/or to terminate
your account for inaccurate, deceptive and / or incomplete Registration
Information.
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 info
LaminateFinder [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.
Proprietary Rights:
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.
Privacy:
Use of our Website and / or Services, as well as the submission
of personally identifiable information on our Website or Services, is governed
by our Privacy Policy, which can be found at: http://www.LaminateFinder.com/about/privacy. Our Privacy Policy may change from time
to time and without notice. Company
reserves the right to use your personal information in any manner consistent
with our Privacy Policy. Use of
the Website or Services signifies that you agree to subject your personal
information to our Privacy Policy.
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.
Copyright/Trademark Claims:
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.
Severability:
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.
Force Majeure:
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.
Legal Warning:
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.
Modifications:
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.
