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TERMS AND CONDITIONS OF USE
IDEAL Door
requires that each visitor (the “User”) to its site on the
World Wide Web, having a home address of www.ideal doors.com
and www.idealcommercial.com (the “Sites”)
adhere to the following terms and conditions of use. By accessing this
Site, the User acknowledges his, her or its acceptance of and agreement
to these terms and conditions, and each amendment made to them from time
to time by IDEAL Door.
INVITATION TO USE; RESTRICTIONS
All Users are invited to display the information, content or advertisements (the “Materials”)
contained on this Site on a single monitor of a computer accessing this Site
over the Internet. Users, such as architects, contract specifiers and commercial
contractors, who intend on specifying or incorporating IDEAL Door’s commercial
door products in bids or contracts for a commercial project (Authorized Users)
are invited to download and use the drawings and specifications for IDEAL Door’s
products (Drawings and Specifications) available from this Site, solely for such
specific commercial purposes. Without the express written consent from IDEAL Door,
all Users, which are not Authorized Users, are not permitted to copy (other than
for displaying on a single monitor of a computer accessing this Site over the
Internet), download, modify, distribute, transmit, publish, create derivative
works from, print or sell any Materials, Drawings or Specifications for any reason
or for any purpose.
User acknowledges that any reliance upon Materials from this Site shall be at
User’s risk, except as otherwise required by law. IDEAL Door reserves the right,
in its sole discretion, and without any obligation, to correct any error or omission
in any Materials on this Site or to change any drawings or specifications, or
other information without notice.
GENERAL DISCLAIMER
Although IDEAL Door believes the Drawings and Specifications available on this Site
are accurate, IDEAL Door does not warrant or endorse the accuracy or reliability of
Materials contained on, distributed through or linked to or downloaded or accessed
from this Site and does not warrant or endorse the quality of any software or
other products, information or other materials displayed, purchased or obtained
by a User as a result of any advertisement or any information or offer made in
or through this Site. IDEAL Door further does not warrant the Drawings and Specifications
available from this Site with respect to compliance with any applicable safety
or building codes, such as windload requirements, for any particular application
or in any particular jurisdiction, without IDEAL Door’s express written agreement.
Any purchase by User of any products or services manufactured or supported by
IDEAL Door shall be subject to all of the standard terms and conditions set forth in
IDEAL Door’s contract documents in effect at the time of such purchase.
COPYRIGHT AND TRADEMARKS
The content on this Site, including the Materials, Drawings and Specifications,
is protected by applicable copyright laws. The terms set forth in the “INVITATION
TO USE; RESTRICTIONS” section, above, provide and define a limited license
to such copyrights. The trademarks, logos and service marks displayed on this
Site, including, but not limited to, IDEAL DOOR®, WindCode®,
and LIFESAFETY (collectively, the “Marks”), are the property
of IDEAL Door. Users are prohibited from using any Mark for any purpose not within
the limited authorization stated in the above “INVITATION TO USE; RESTRICTIONS” section.
TERMINATION
These Terms will terminate immediately without notice from IDEAL Door if in IDEAL Door’s
sole discretion, a User fails to comply with any term or provision of these Terms.
Upon termination, the User must immediately destroy all Materials obtained from
this Site and must discontinue any other use of the information obtained from,
or through User’s access to, this Site. Any license to any copyright or
trademark provided by these Terms, whether express or implied, terminates immediately
upon termination of these Terms.
LINKED INTERNET WEB SITES
IDEAL Door has provided Internet links to other Web sites for User’s convenience.
IDEAL Door does not endorse or accept responsibility for any such Web site. IDEAL Door makes
no representations about any Web site a User may access through IDEAL Door’s
site. Many Web sites linked to this Site are owned and operated independently
of IDEAL Door. As a result, IDEAL Door has no control over the products, materials, services
or other information contained in or available through these third-party Web
sites. The quality and reliability of these third party Web sites may vary as
they are updated or altered. The User acknowledges that access to any other Web
sites linked to this Site is at the User’s own risk.
NO WARRANTIES
EXCEPT FOR AVAILABLE WRITTEN EXPRESS WARRANTIES FOR IDEAL DOOR’S PRODUCTS DESCRIBED
ON THIS SITE, THE MATERIALS, DRAWINGS, SPECIFICATIONS, PRODUCTS AND OTHER RESOURCES
AVAILABLE FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW. IDEAL DOOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND IDEAL DOOR DOES NOT WARRANT THAT THE DISSEMINATION OF THE MATERIALS, DRAWINGS
OR SPECIFICATIONS WILL BE ERROR FREE OR UNINTERRRUPTED. IDEAL DOOR DOES NOT WARRANT
THAT THE MATERIALS, DRAWINGS, SPECIFICATIONS OR THE SERVER THAT MAKES THEM AVAILABLE
WILL NOT CONTAIN ANY COMPUTER VIRUSES THAT MAY INFECT THE USER’S COMPUTER
EQUIPMENT, NETWORK OR RELATED SOFTWARE. IDEAL DOOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE MATERIALS, DRAWINGS
OR SPECIFICATIONS AND THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION, TO THE EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL IDEAL DOOR BE LIABLE TO USER OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING
LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF
THE MATERIALS, DRAWINGS OR SPECIFICATIONS) ARISING OUT OF OR RELATED TO THESE
TERMS OR ANY NEGLIGENCE BY IDEAL DOOR WITH RESPECT TO THE SITE OR THESE TERMS, EVEN
IF IDEAL DOOR OR ANY PROVIDER OF THE MATERIALS, DRAWINGS OR SPECIFICATIONS HAS BEEN
ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY THEREOF. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE MAY NOT APPLY TO THE USER. IN NO EVENT SHALL IDEAL DOOR’S TOTAL LIABILITY
TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID
BY THE USER, IF ANY, FOR ACCESSING THIS SITE.
INDEMNITY
The User agrees to indemnify and hold IDEAL Door and its affiliates harmless from and
against any and all claims, losses, liability, costs, and expenses (including,
but not limited to, attorneys’ fees) arising from the User’s violation
or breach of these Terms, arising from the User’s violation of any third
party’s rights including, but not limited to, copyrights, proprietary and
privacy rights, or arising from User’s violation of any applicable federal,
state or local law, regulation or ordinance. This indemnification and hold harmless
obligation will survive the termination of these Terms.
APPLICABLE LAW; FORUM
The User’s access to and use of this Site and any Materials, Drawings and
Specifications available on or through this Site are subject to and shall be
governed by and construed in accordance with all applicable federal laws of the
United States and applicable laws of the State of Ohio and local governmental
entities. IDEAL Door and User irrevocably consent to the exclusive jurisdiction of
the courts of the State of Ohio and the federal courts situated in the State
of Ohio in connection with any action arising under or in connection with these
Terms or relating to the User’s access of this Site, or any Materials,
Drawings and Specifications available on or through this Site.
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