TruStile Doors operates this Web site (the "Site") to provide
online access to information about TruStile Doors, and the products and services we provide (the
"Service").
By accessing and using the Site, you agree to each of the
terms and conditions set forth herein ("Terms of Use"). If you do not agree with any of
the Terms of Use, you are not authorized to access or use the Site for any purpose.
Additional terms and conditions applicable to specific areas of the Site or to
particular content or transactions may also posted in particular areas of the Site and,
together with these Terms of Use are referred to as the “Agreement, and govern your use
of those areas.
TruStile Doors reserves the right to modify this Agreement at any
time without giving you prior notice. Your use of the Site following any such
modification constitutes your agreement to follow and be bound by this Agreement as
modified. The last date this Agreement was revised is set forth below.
INTELLECTUAL PROPERTY
The Service, the Site, and all information and/or content
that you see, hear or otherwise experience on or download from the Site, including
without limitation all design drawings and product specifications, (collectively, the
“Content”) are protected by U.S. and international copyright, trademark and other laws,
and belong to TruStile Doors or its affiliates, licensors, contributors or third parties. The
design drawings and product specifications are the exclusive property of TruStile Doors.
You may use the Site, the Service
and the Content solely for your personal or internal, non-commercial use. You may
download, print and store portions of the Content that you select, provided that you:
only use these copies of the Content for your own personal or internal, non-commercial use;
except as provided in this Agreement, do not copy or post the Content on any
network computer or transmit, distribute, publish or broadcast the Content in
any media or modify or create derivative works of any Content; and
do not modify or alter the Content in any way, or delete or change any copyright
or trademark notice.
You may copy, without alteration, Content available
within the Media Room portion of the Site, and post such Content on your personal web
site or blog; provided attribution to TruStile Doors is given in connection with the Content you
display. No right, title or interest in any Content is transferred to you, whether as a
result of downloading such Content or otherwise. TruStile Doors reserves complete title and full
intellectual property rights in all Content.
“Screen scraping” or “database scraping” to obtain lists
of users or other information is prohibited. You may not mirror or frame any page of
this Site on any other Web site or Web page. You may not connect “deep links” to the
Site, i.e., create links to this site that bypass the home page or other parts of the
Site. You are prohibited from using any of the marks or logos appearing throughout the
Site without express written consent from the trademark owner, except as permitted by
applicable law.
DISCLAIMER OF WARRANTIES
TRUSTILE DOORS MAKES NO EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE
CONTENT. TRUSTILE DOORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH
REGARD TO THE SITE, THE SERVICE, AND THE CONTENT. TRUSTILE DOORS DOES NOT WARRANT THAT THE
FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. TRUSTILE DOORS DOES
NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE
CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS.
WITHOUT LIMITING THE PRECEDING PARAGRAPH, TRUSTILE DOORS MAKES NO
EXPRESS OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO ANY SOFTWARE AVAILABLE OR
ACCESSIBLE VIA THE SITE. TRUSTILE DOORSPROVIDES SUCH AVAILABILITY OR ACCESSIBILITY SOLELY AS A
CONVENIENCE TO SITE USERS AND ANY SOFTWARE IS PROVIDED, “AS IS,” “AS AVAILABLE,” AND
“WITH ALL FAULTS.”
ADDITIONAL DISCLAIMERS
Third Party Links. Hypertext links to third party
Web sites or information do not constitute or imply an endorsement, sponsorship, or
recommendation by TruStile Doors of the third party, the third-party Web site, or the
information contained therein, unless expressly stated on the Site. TruStile Doors is not
responsible for the availability of any such Web sites. TruStile Doors does not endorse or
warrant, and is not responsible or liable for, any such Web site or the content thereon.
Downloading Files. TruStile Doors cannot and does not
guarantee or warrant that files available for downloading through the Site will be free
of infection by software viruses or other harmful computer code, files or programs. The
entire risk as to the quality and performance of the Site and the Service and the
accuracy of the Content is solely and exclusively with the user.
LIMITATION OF LIABILITY
IN NO EVENT WILL TRUSTILE DOORS BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SITE,
THE SERVICE, THE CONTENT, OR ANY SOFTWARE,
ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE, THE CONTENT, AND/OR
ANY SOFTWARE,
UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, OR
ANY OTHER MATTER RELATING TO THE SITE, THE
SERVICE, THE CONTENT, OR ANY SOFTWARE, EVEN IF TRUSTILE DOORS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE,
THE CONTENT, THE SOFTWARE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TRUSTILE DOORS’ LIABILITY IS LIMITED AND
WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT,
EXCEED FIFTY DOLLARS ($50.00).
INDEMNIFICATION
You understand and agree that you are personally
responsible for your behavior on the Site. You agree to indemnify, defend and hold
harmless TruStile Doors, its parent company, subsidiaries, affiliated companies, joint
venturers, business partners, licensors, employees, and agents from and against all
claims, losses, expenses, damages and costs (including, but not limited to, direct,
incidental, consequential, exemplary and indirect damages), and reasonable attorneys’
fees, resulting from or arising out of your use, misuse, or inability to use the Site,
the Service, the Content, any third party software or any violation by you of this
Agreement.
USER CONDUCT
You agree not to take any action that might compromise
the security of the Site, render the Site inaccessible to others or otherwise cause
damage to the Site or the Content. You agree not to use the Site in any manner that
might interfere with the rights of third parties.
UNSOLICITED IDEAS AND OTHER USER SUPPLIED INFORMATION
TruStile Doors does not accept unsolicited product, feature, or
other ideas or information on a confidential basis. If you send us or post to this web
site any information, including an unsolicited idea or invention, it will be treated as
non-proprietary and non-confidential. We will have no obligation with regard to such
information or invention, and will be free to copy, disclose, distribute, incorporate,
modify, and otherwise use any such information for any and all purposes, commercial or
non-commercial. If you would like to submit an idea or invention for consideration on a
non-confidential basis, please contact the TruStile Doors Legal Department for instructions.
If you supply or post any information or material via the
Site, you guarantee to us that you have the legal right to supply post such material,
and that it will not violate any law or the rights of any person or entity. By supplying
or posting material via the Site, you give TruStile Doors the royalty-free, irrevocable,
perpetual, worldwide right to use, distribute, display and create derivative works from
this material, in any and all media, in any manner, in whole or in part, without any
restriction or responsibilities to you.
Entire Agreement/No Waiver. This Agreement
constitutes the entire agreement of the parties with respect to the subject matter
hereof. No waiver by TruStile Doors of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies. The Content
may contain typographical errors or other errors or inaccuracies and may not be complete
or current. TruStile Doors therefore reserves the right to correct any errors, inaccuracies or
omissions and to change or update the Content at any time without prior notice. TruStile Doors
does not, however, guarantee that any errors, inaccuracies or omissions will be
corrected.
Enforcement/ Choice of Law/ Choice of Forum. Every
part of this Agreement shall be construed as valid and enforceable. If any part of this
Agreement, so construed, is determined by a court of competent jurisdiction to be
invalid or unenforceable, it will not impact any other provision of this Agreement, all
of which will remain in full force and effect. Any and all disputes relating to this
Agreement, TruStile Doors’s Privacy Statement, your use of the Site, any other TruStile Doors or TruStile Doors
Lumber and Cedar Company Web site, the Service, or the Content (collectively,
"Disputes") are governed by, and will be interpreted in accordance with, the laws of the
state of Colorado, without regard to any conflict of laws provisions. Any Dispute will
be venued exclusively in a state or federal court situated in Denver, Colorado,
and you hereby irrevocably submit to the personal jurisdiction of such courts for that
purpose.
Claims of Copyright Infringement. You agree to
immediately notify TruStile Doors of any claimed copyright infringement. You further agree to
provide TruStile Doors’ copyright agent with the information required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17,
U.S.C. § 512. TruStile Doors’s Copyright Agent for notice of claims of copyright infringement on
or relating to the Site can be reached either by:
