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Necessary
Legal Mumbo-jumbo
Please read the following terms and conditions carefully. They contain
important information about your rights and obligations, as well as
limitations and exclusions that apply to your use of
homeporchandpatiokits.com
This web site located at URL
http://www.homeporchandpatiokits.com is managed by
Home Porch and Patio Kits Inc. The following terms and conditions govern your use of this
Site. By using this Site, you are indicating your acceptance of the
following terms and conditions (the "Terms and Conditions"). We reserve
the right to make changes to this Site and these Terms and Conditions at
any time.
Disclaimer of Liability
| Disclaimer and Limitation of Liability as to
this Site
While we endeavor to provide the most accurate, up-to-date information
available, the information on this Site may be out of date or include
omissions, inaccuracies or other errors (in other words - perfection is
a journey). This Site and the materials
therein are provided "AS IS." We make no representations or warranties,
either express or implied, of any kind with respect to this Site, its
operations, contents, information or materials. We expressly disclaim
all warranties, express or implied, of any kind with respect to this
site or its use, including but not limited to merchantability and
fitness for a particular purpose.
You agree that we, our directors, officers, employees or other
representatives shall not be liable for damages arising from the
operation, content, or use of this Site. You agree that this limitation
of liability is comprehensive and applies to all damages of any kind,
including without limitation direct, indirect, compensatory, special,
incidental, punitive and consequential damages, damages for loss of
profits, revenue, data and use, incurred by you or any third party,
whether in an action in contract or tort, arising from your access to,
and use of, this Site or any other hyper-linked Web site.
Capacity | Access
You represent to us that you are of the legal age of majority in your
state/province of residence and/or that you are a duly authorized user for the
purposes indicated by this Site.
Typographical Errors
In the event a statement is made on the Site with incorrect information
due to typographical error or information received from our third party
service providers, we will correct the statement. In the event a
typographical error inadvertently causes incorrect charge amounts to be
reflected on the order confirmation / invoice submitted to you, that are less an the actual
charges for which you are responsible, you will still be responsible for
the total actual charge upon receipt. Naturally if your are billed more
than the actual charges for which your are responsible, we will adjust
the billing statement downward.
Privacy Policy
We consider the privacy of our users to be paramount, and we have
developed a privacy policy to protect and inform our users ("Privacy
Policy"). Our current Privacy Policy is incorporated herein by reference
and made part of these Terms and Conditions.
Click here to review our
privacy policy.
Feedback
We welcome all comments, feedback, information, or materials, which you
submit to us through or in conjunction with this Site ("Feedback"). You
may submit feedback by e-mail (feedback@homeporchandpatiokits.com). Please note that your Feedback shall be
considered non-confidential and become our property. By submitting your
Feedback to us, you agree to a no charge assignment to us of all right,
title and interest in copyrights and other intellectual property rights
on a worldwide basis to your Feedback. We shall be free to use your
Feedback on an unrestricted basis.
Links
This Site may contain links to other Web sites on the Internet that are
owned and operated by third parties. You acknowledge that we do not
endorse and are not responsible for the operation of or content located
on or through any such Web site.
Third Party Content
Certain content from third party vendors may be made available as part
of this Site. This content is believed to be reliable, but we do not
endorse or guarantee the accuracy or completeness of this content.
Account Use and Pay Service
Business Hours
Our business days and hours are posted on every page of our WEB site.
You can contact us by e-mail or by calling 1.844.404.0484. Our toll free
line is available for credit card payments during these times. Charges
will be charged to your account on the same day.
Account Access
Accepted methods of payment are listed on our WEB site. When paying by
credit card, you authorize us to charge your credit card account and
remit funds on your behalf on the same day, unless otherwise agreed.
Funds will be withdrawn from your account and the payment initiated
generally on the same day. Any related charges that appear on your
statement, other than what is listed on your invoice from Home Porch and
Patio Kits Inc., are going to be charges initiated by your credit card
supplier and questions should be addressed directly to them.
Payments | Limitations
Payments are made either by electronic means (PayPal, live phone
assistor) or by a cashier’s check mailed via U.S. Mail.
We will incur no liability if we do not complete a credit card payment,
according to our agreement to process payment, in the correct amount and
on time if any of the following circumstances exists:
-
Your account does not contain credit to complete the payment or the
payment would exceed the credit limit of your account.
-
You have not provided us with the correct credit card information.
-
Circumstances beyond our reasonable control prevent the proper execution
of the transaction and we have taken reasonable precautions to avoid
those circumstances.
-
If the credit card is subject to legal process or other encumbrance
restricting the payment.
Provided none of the foregoing four (4) exceptions to our performance
obligations are applicable, if we cause an incorrect amount of funds to
be removed from your transaction account we shall be responsible for
returning the improperly transferred funds to your credit card account.
The foregoing shall constitute Home Porch and Patio Kits Inc. entire liability
and your exclusive remedy with respect to credit card payment. In no
event shall Home Porch and Patio Kits Inc. or any third party working with
Home Porch and Patio Kits Inc. be liable for any direct, indirect, special,
incidental, consequential, or exemplary damages or charges, including
lost profits (even if advised of the possibility thereof) arising in any
way out of the use of this service.
Disputes
In the event of a dispute regarding the bill payment service, you and
Home Porch and Patio Kits Inc. agree to resolve the dispute by looking to this
Agreement. You agree that this Agreement is the complete and exclusive
statement of the agreement between you and us which supersedes any
proposal or prior agreement, oral or written, and any other
communications between you and Home Porch and Patio Kits Inc. relating to the
subject matter of this agreement. If there is a conflict between what
one of our employees says and the terms of this agreement, the terms of
this Agreement shall control.
Waiver
Home Porch
and Patio Kits Inc. shall not be deemed to have waived any of our
rights or remedies hereunder unless such waiver is in writing and signed
by us. No delay or omission on the part of either in exercising any
rights or remedies shall operate as a waiver of such rights or remedies
or any rights or remedies. A waiver on any one occasion shall not be
construed as a bar or waiver of any rights or remedies on future
occasions.
Copyright and Trademark Notice
All content included on this Site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and
software (and the compilation of such content), is the property of
Home Porch and Patio Kits Inc., or its content suppliers and is protected by
United States and international copyright laws.
All marks indicated as registered on this Site are registered trademarks
of Home Porch and Patio Kits Inc., in the United States and other countries.
Other graphics, logos, page headers, button icons, scripts, and service
names are trademarks or trade dress of Home Porch and Patio Kits Inc. or their
content suppliers. The trademarks and trade dress on this Site may not
be used in connection with any product or service that is not ours, in
any manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits us. All other trademarks not owned
by us or our subsidiaries that appear on this Site are the property of
their respective owners, who may or may not be affiliated with,
connected to, or sponsored by us.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and
regulations regarding your use of this Site and your purchase of
products or services through this Site. We may, in our sole discretion,
report actual or perceived violations to law enforcement or appropriate
authorities. If we become aware, through a complaint or otherwise, of
any potential or suspected violation of these Terms and Conditions or
the Privacy Policy, we may (but are not obligated to) conduct an
investigation to determine the nature and extent of the suspected
violation and the appropriate enforcement action, during which
investigation we may suspend services to any customer being investigated
and/or remove any material from our servers. You agree to cooperate
fully with any such investigation. You acknowledge that violations of
the Terms and Conditions or the Privacy Policy could be subject to
criminal or civil penalties.
Applicable Law
You agree that any legal action brought against
Home Porch and Patio Kits Inc. shall be governed by the laws of the country of Canada, without regard to
conflict of law principles. You agree that the sole jurisdiction and
venue for any litigation arising from your use of or orders made from
Home Porch and Patio Kits Inc. shall be an appropriate federal or provincial
court located in Ontario, Canada.
General
If any provision or provisions of these Terms and Conditions shall be
held to be invalid, illegal, or unenforceable, such provision shall be
enforced to the fullest extent permitted by applicable law and the
validity, legality, and enforceability of the remaining provisions shall
not be affected thereby. You may not assign your rights or obligations
under these terms and conditions without our express written consent.
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Limited Warranty
With respect to those products sold by
Home Porch and Patio Kits Inc. but manufactured by a third
party, we make no express warranties whatsoever and disclaim any
thereof, and all such products are sold “AS IS, WHERE IS.” We will,
however, try to pass along the benefit of any warranties provided by the
third-party manufacturer. The terms of these warranties are generally
included in the materials accompanying the product.
All products represented on this Site carry [at least] a one-year
manufacturer’s warranty against defects in materials and workmanship. If
a product proves defective in materials or workmanship within one year
from the date of purchase, the manufacturer’s warranty and conditions
therein will be in effect. Home Porch and Patio Kits Inc. maintains no
obligation for repair or replacement of defective products, or any
breach of warranty, except that, upon our own initiative, we reasonably
petition the manufacturer on your behalf, for an agreeable solution.
EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY SECTION, WE MAKE NO
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT
TO ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE,
AND WE HEREBY DISCLAIM SAME.
In no event will Home Porch
and Patio Kits Inc. be liable, whether in contract, tort or under any
other legal theory, for lost profits or revenues, loss of use or similar
economic loss, for any indirect, special, incidental, consequential,
punitive, or similar damages arising out of or in connection with any
products (including non-conforming products), or for any third-party
claims against you relating to the products or the assembly thereof,
even if we have been advised of the possibility of such claim. In no
event will our monetary liability (whether in contract, tort or under
any other legal theory) in respect of any product exceed the purchase
price that you paid to us for it.
Of course, warranties do not apply to products that have been subject to
abnormal use, abnormal conditions, improper storage, exposure to
moisture or dampness, unauthorized modifications, unauthorized repair,
misuse, neglect, accident, alteration, improper installation or other
acts which are not our fault, including damage caused in shipping (see
"Delivery Instructions").
To minimize the risk of potential safety problems, you should follow all
applicable local and national codes that regulate the installation and
operation of your product. These codes vary from area to area and
usually change with time. It is your responsibility to determine which
codes should be followed, and to verify that the equipment, installation
and operation are in compliance with the latest revision of these codes. |
