Terms and Conditions Agreement
Terms
and conditions:
These
terms and conditions ("Terms", "Agreement") are an
agreement between Website Operator ("Website Operator",
"us", "we" or "our") and you ("User",
"you" or "your"). This Agreement sets forth the general
terms and conditions of your use of the chesterfieldfencingandmore.com website
and any of its variations, products or services (collectively,
"Website" or "Services").
Backups
We are
not responsible for Content residing on the Website. In no event shall we be
held liable for any loss of any Content. It is your sole responsibility to
maintain appropriate backup of your Content. Notwithstanding the foregoing, on
some occasions and in certain circumstances, with absolutely no obligation, we
may be able to restore some or all of your data that has been deleted as of a
certain date and time when we may have backed up data for our own purposes. We
make no guarantee that the data you need will be available.
Links
to other websites
Although
this Website may link to other websites, we are not, directly or indirectly,
implying any approval, association, sponsorship, endorsement, or affiliation
with any linked website, unless specifically stated herein. Some of the links
on the Website may be "affiliate links". This means if you click on
the link and purchase an item, Website Operator will receive an affiliate
commission. We are not responsible for examining or evaluating, and we do not
warrant the offerings of, any businesses or individuals or the content of their
websites. We do not assume any responsibility or liability for the actions,
products, services, and content of any other third-parties. You should carefully
review the legal statements and other conditions of use of any website which
you access through a link from this Website. Your linking to any other off-site
websites is at your own risk.
Prohibited
uses
In
addition to other terms as set forth in the Agreement, you are prohibited from
using the Website or its Content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or
the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track the
personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral
purpose; or (k) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet. We reserve the
right to terminate your use of the Service or any related website for violating
any of the prohibited uses.
Intellectual
property rights
This
Agreement does not transfer to you any intellectual property owned by Website
Operator or third-parties, and all rights, titles, and interests in and to such
property will remain (as between the parties) solely with Website Operator. All
trademarks, service marks, graphics and logos used in connection with our
Website or Services, are trademarks or registered trademarks of Website
Operator or Website Operator licensors. Other trademarks, service marks,
graphics and logos used in connection with our Website or Services may be the
trademarks of other third-parties. Your use of our Website and Services grants
you no right or license to reproduce or otherwise use any Website Operator or
third-party trademarks.
Limitation
of liability
To the
fullest extent permitted by applicable law, in no event will Website Operator,
its affiliates, officers, directors, employees, agents, suppliers or licensors
be liable to any person for (a): any indirect, incidental, special, punitive,
cover or consequential damages (including, without limitation, damages for lost
profits, revenue, sales, goodwill, use of content, impact on business, business
interruption, loss of anticipated savings, loss of business opportunity)
however caused, under any theory of liability, including, without limitation,
contract, tort, warranty, breach of statutory duty, negligence or otherwise,
even if Website Operator has been advised as to the possibility of such damages
or could have foreseen such damages. To the maximum extent permitted by
applicable law, the aggregate liability of Website Operator and its affiliates,
officers, employees, agents, suppliers and licensors, relating to the services
will be limited to an amount greater of one dollar or any amounts actually paid
in cash by you to Website Operator for the prior one month period prior to the
first event or occurrence giving rise to such liability. The limitations and
exclusions also apply if this remedy does not fully compensate you for any
losses or fails of its essential purpose.
Indemnification
You
agree to indemnify and hold Website Operator and its affiliates, directors,
officers, employees, and agents harmless from and against any liabilities,
losses, damages or costs, including reasonable attorneys' fees, incurred in
connection with or arising from any third-party allegations, claims, actions,
disputes, or demands asserted against any of them as a result of or relating to
your Content, your use of the Website or Services or any willful misconduct on
your part.
Severability
All
rights and restrictions contained in this Agreement may be exercised and shall
be applicable and binding only to the extent that they do not violate any
applicable laws and are intended to be limited to the extent necessary so that
they will not render this Agreement illegal, invalid or unenforceable. If any
provision or portion of any provision of this Agreement shall be held to be
illegal, invalid or unenforceable by a court of competent jurisdiction, it is
the intention of the parties that the remaining provisions or portions thereof
shall constitute their agreement with respect to the subject matter hereof, and
all such remaining provisions or portions thereof shall remain in full force
and effect.
Dispute
resolution
The
formation, interpretation, and performance of this Agreement and any disputes
arising out of it shall be governed by the substantive and procedural laws of
Virginia, United States without regard to its rules on conflicts or choice of
law and, to the extent applicable, the laws of United States. The exclusive
jurisdiction and venue for actions related to the subject matter hereof shall
be the state and federal courts located in Virginia, United States, and you
hereby submit to the personal jurisdiction of such courts. You hereby waive any
right to a jury trial in any proceeding arising out of or related to this
Agreement. The United Nations Convention on Contracts for the International
Sale of Goods does not apply to this Agreement.
Changes
and amendments
We
reserve the right to modify this Agreement or its policies relating to the
Website or Services at any time, effective upon posting of an updated version
of this Agreement on the Website. When we do, we will revise the updated date
at the bottom of this page. Continued use of the Website after any such changes
shall constitute your consent to such changes.
Acceptance
of this policy
You
acknowledge that you have read this Policy and agree to all its terms and
conditions. By using the Website or its Services you agree to be bound by this
Policy. If you do not agree to abide by the terms of this Policy, you are not
authorized to use or access the Website and its Services.
Contacting
us
If you
would like to contact us to understand more about this Policy or wish to
contact us concerning any matter relating to it, you may send an email to us
at: info@chesterfieldfencingandmore.com
This document was last updated on January 29, 2020