Terms
and Conditions of Use.
Clopay Building Products Image Library Website
Welcome
to the Clopay “Image Library” website. This site
is restricted to Clopay dealers and others who have been granted
the express right to access it, subject to these terms and
conditions of use (“Authorized Users”).
THESE
TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN
YOU AND CLOPAY (“CLOPAY,” “WE” OR
“OUR”). PLEASE READ THIS AGREEMENT BEFORE USING
THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE, DISCONTINUE USING THE SITE. UNLESS YOU ARE AN AUTHORIZED
USER, YOU ARE NOT PERMITTED TO COPY, DOWNLOAD, MODIFY, DISTRIBUTE,
TRANSMIT, PUBLISH, CREATE DERIVATIVE WORKS FROM, PRINT OR
SELL ANY OF THE CONTENT OF THIS WEBSITE FOR ANY REASON OR
FOR ANY PURPOSE, WITHOUT CLOPAY’S SPECIFIC WRITTEN CONSENT.
Ownership
of This Website; Indemnity
This website is owned and operated by Clopay. All of the content
featured or displayed on this website, including but not limited
to text, graphics, photographs, images, moving images, sound,
illustrations and software (“Content”), is owned
by Clopay or its licensors and content providers.
All
elements of this website, including but not limited to the
general design and the Content, are protected by trade dress,
copyright, trademark and other laws relating to intellectual
property and ethical rights. For example, “Clopay,”
“Ideal,” “Holmes,” “Anizora”
and the Clopay, Ideal, Holmes and Anizora logos are trademarks
of Clopay or its subsidiaries or its licensors. Certain of
the trademarks are registered in the United States, Canada
and other foreign countries.
Disclaimers
and Limitation of Liability
CLOPAY USES REASONABLE EFFORTS TO ENSURE THE ACCURACY, CORRECTNESS
AND RELIABILITY OF THE CONTENT, BUT WE MAKE NO REPRESENTATIONS
OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS OR RELIABILITY
OF THE CONTENT. THIS WEBSITE AND ITS CONENT ARE PROVIDED “AS
IS.” EXCEPT FOR ANY EXPRESS WRITTEN WARRANTIES FOR CLOPAY’S
PRODUCTS IDENTIFIED ON THIS WEBSITE, CLOPAY EXCLUDES TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS
FOR A PARTICULAR PURPOSE. NEITHER CLOPAY NOR ANY OF ITS DIRECTORS,
OFFICERS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES
OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM THE USE, INABILITY TO USE, OR THE PERFORMANCE
OF THIS WEBSITE OR ITS CONTENT, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE
AND CONSEQUENTIAL DAMAGES, AND WHETHER OR NOT WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLOPAY DOES NOT
WARRANT THAT ANY OF THE CONTENT OR THE SERVER THAT MAKES IT
AVAILABLE WILL NOT CONTAIN ANY COMPUTER VIRUSES THAT MAY INFECT
YOUR COMPUTER EQUIPMENT, NETWORK OR RELATED SOFTWARE. IN ACCESSING
THIS WEBSITE OR USING ANY OF THE CONTENT, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION ARISING
FROM YOUR USE OF THIS WEBSITE.
There
may be links to other websites from the Clopay website. These
other websites are not controlled by Clopay and we are not
responsible for any content contained on them or any loss
suffered by you arising from your use of such websites. You
acknowledge that access to any other websites linked to this
website is at your own risk.
Any
purchase by you of any products or services manufactured or
supported by Clopay shall be subject to all of the standard
terms and conditions set forth in Clopay’s contract
documents in effect at the time of your purchase.
Some
U.S. states and foreign countries do not permit the exclusion
or limitation of implied warranties or liability for certain
categories of damages, so some or all of the above limitations
may not apply to you to the extent they are prohibited or
superseded by state or national provisions. In no event shall
Clopay’s total liability to a user for all damages,
losses, and causes of action exceed the amount paid, if any,
by the user for accessing this website.
Governing
Law and Venue
Your access to and use of Clopay’s website and its Content,
and this Agreement, are subject to and shall be governed by
and construed in accordance with the applicable federal laws
of the United States and applicable laws of the State of Ohio
and local government entities. The 1980 United Nations Convention
on Contracts for the International Sale of Goods shall not
apply. Venue for all disputes arising under this Agreement
shall lie exclusively in the Courts of the State of Ohio or
the Federal District Courts and each party agrees not to contest
the personal jurisdiction of these courts. Clopay nonetheless
shall have the right in its discretion to commence and prosecute
any legal or equitable action or proceeding before any non-U.S.
court of competent jurisdiction to obtain injunctive or other
relief.
No
Waiver, Severability
No action of Clopay, except an express written waiver or amendment,
shall be construed as a waiver or amendment of any of these
Terms and Conditions of Use. If any clause of these Terms
and Conditions of Use shall be found unenforceable by a court
having competent jurisdiction, such finding shall not affect
the enforceability of any other provision.
We
reserve the right to change these Terms and Conditions of
Use and its Content without notice. These Terms and Conditions
of Use set out the entire agreement between Clopay and you
relating to your use of this website and its Content.
© Copyright 2002 Clopay Building Products All rights reserved.
Terms and Conditions of Use.
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