If you do not agree with everything in this document, please do not use this Site
3. Product RepresentationsThe Company has done its best to portray our products in the most accurate way, but we cannot and will not be responsible for the way in which the photographs and product representations appear on your computer screen or in printouts. There are too many variables such as color; brightness and tinting that can change how the images appear on your computer or printer.
4. LinksWe may direct you to other sites to serve your needs on particular items. We are not responsible for the content of these sites, nor do we control, sponsor, endorse or approve them. Your use of those links is at your own risk.
6. Accounts & PasswordsPurchasing products through the Site requires you to open an account, including setting up a user ID and password ("account info"). You are entirely responsible for maintaining the confidentiality of your Account Info, and for any and all activity that occurs under your account. You agree to notify Rachel Horn immediately of any unauthorized use of your Account Info or any other breach of security. You may be held liable for losses incurred by the Company or any other user of or visitor to the Site due to someone else using your Account Info. You may not use anyone else's Account Info at any time without that persons express permission and consent. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
7. Comments and SubmissionsAll comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to The Site or Company (collectively, the "Comments") shall become and remain property of The Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to The Company of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company is and shall be under no obligation to maintain any Comments in confidence; to pay to user any compensation for use of any Comments; or to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, photographs, marketing concepts, or merchandising suggestions.
8. DisclaimersThe Company does not promise that the Site or any Content, service or feature of the Site will be error free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its Content are delivered on an as is and as available basis. All information provided on the Site is subject to change without notice. The Company cannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features. The Company disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Your sole remedy against The Company for dissatisfaction with the Site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
9. Limitation of Liability â€“ Use of SiteThe information contained in The Site is provided for sales and informative purposes only and should not serve as a substitute for architectural or structural advice from a licensed architect or engineer familiar with the facts and circumstances of your specific situation. Neither the Company nor any of its affiliates, agents, representatives or employees provide architectural, Mechanical, Electrical, Plumbing, or structural design services or advice. The Company makes no representations or warranties, express or implied, regarding the architectural, structural, or other consequences resulting from use of our services, advice, or products. Neither the Company nor its agents, representatives or employees shall be held liable or responsible under any circumstances for any damage or inconvenience caused by the use of our services or advice.
In no event will the Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits that result from your use of the information or advice on this site. You agree to defend, indemnify and hold the Company and its affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
10. Limitation of Liability â€“ Product SalesThe Company and its agents, representatives and employees specifically disclaim any warranty beyond the limited warranty stated herein, whether express or implied, including the implied warranties of merchantability and fitness for purpose. The Company's liability relating to any product, service or advice provided shall be strictly limited to the amount paid to and received by the Company for such product, service or advice. The Company shall not be liable for special, indirect or consequential damages, including lost profits, arising from any cause whatsoever, including negligence.
12. Ownership of Site ContentAll text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to the Company, and are protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web Site or other medium for publication or distribution or for any commercial enterprise, without the Company's express prior written consent.
The Company owns the rights to any and all patent, copyright and trade secret rights in anything created or developed by the Company for Client (for example, custom product designs, finishes, etc.)
Information and data made purposely available by Company such as press releases or specification sheets and product information may be downloaded from the Site provided that you follow these rules:
1. Information downloaded is for that individual's personal use and shall not be disseminated to any other individual in any way.
2. Proprietary language must remain on downloaded information.
3. Make no modifications to any such information.
4. Do not make any representations or warranties relating to such documents.
15. SeverabilityIn the event that any term or provision of this Agreement is held invalid, illegal or unenforceable by a court, said invalidity shall not affect the remainder of these terms, which shall remain valid and enforceable to the fullest extent. The Parties agree that such provision shall be modified, amended or limited only to the extent necessary to render it valid and enforceable.
To contact us regarding any privacy issues:
Rachel Horn USA, LLC