This agreement ("Agreement") contains the terms and conditions for the use of the ArchitecturalDepot.com ("ArchitecturalDepot.com") Internet Site. As used in this Agreement, "we", "us", or "our" refers to ArchitecturalDepot.com, "you" or "your" refers to the individual or entity using the Internet Site, and
"Internet Site" refers to all viewable pages including page headers,
custom graphics, button icons, links, and text, underlying program code,
database content, products and accompanying services and documentation. By
accessing, browsing and/or using this Internet Site, you acknowledge that you
have read, understood, and do agree to be bound by these terms and conditions
and comply with all applicable laws and regulations, including U.S. and
International laws and regulations.
Right of Usage (Revocable License)
We grant to you a limited,
non-exclusive, non-transferable, revocable license to use the Internet
Site for the purpose of managing your purchasing process, including viewing,
requesting, approving and ordering products on behalf of yourself or your
company. As a Licensee of the Internet Site, you may not rent, lease, grant a
security interest in, or otherwise transfer any rights you have in the use of
this Internet Site. You further are not authorized to resell the purchase
management and processing services of this Internet Site.
Prohibition Against Reverse Engineering
Under the foregoing license, you are prohibited
from translating, decompiling, disassembling or reverse engineering or otherwise
attempting to derive the source code for the operation of the Internet Site or
creating derivative architecture based on the Internet Site or parts of the
Internet Site. For purposes of this Agreement, "reverse engineering"
shall mean the examination or analysis of the Internet Site software to
determine its source code, structure, organization, and internal design,
algorithms or program devices.
Title
All title, ownership rights, and intellectual
property rights in the Internet Site shall remain in ArchitecturalDepot.com
and/or its suppliers. The Internet Site is protected by the copyright laws and
treaties of the United States of America. You shall not remove any proprietary
notices or labels on the Internet Site without express permission of
ArchitecturalDepot.com. Through the use of this Internet Site, no intellectual
property rights will transfer to you.
Copyright
This Internet Site is Copyright (c) 2001
ArchitecturalDepot.com,Inc., ALL RIGHTS RESERVED. Permission is hereby granted
to print in hard copy portions of this Internet Site for the sole purposes of
placing or approving a request or order using this Internet Site or archiving
business records. Any other use of any portion of this site, including
reproduction for purposes other than those specified herein, modification,
distribution, or publication, are expressly prohibited without the prior written
permission of ArchitecturalDepot.com.
Purchasing Conditions
By placing an order with ArchitecturalDepot.com,
you agree to be bound by the terms and conditions of this Agreement and the
Business Policies of ArchitecturalDepot.com, as they are revised from time to
time. Each order submitted is subject to acceptance by us. We reserve the right
to accept or decline any order for any or no reason. Risk of any loss or damage
to products you order from us shall transfer to you upon delivery of such
products to you. Title to these items shall pass to you only upon full payment
of the total price for such items. Until such full payment, you hereby grant us
a purchase money security interest in such items ordered from us, and further
agree to cooperate and assist us in the perfection of such interest.
Upgrades, Modifications and Functionality
ArchitecturalDepot.com reserves the right to
update and upgrade the Internet Site at our sole discretion without notice to
you, including but not limited to, changing functionality, user interface,
procedures, documentation, or any of the terms and conditions of this Agreement.
ArchitecturalDepot.com further reserves the right to modify any of the terms and
conditions contained herein and in the Business Policies by posting them on the
Internet Site. IF ANY UPDATE, UPGRADE OR MODIFICATION IS UNACCEPTABLE TO YOU,
YOUR ONLY RECOURSE IS TO DISCONTINUE YOUR USE OF THE INTERNET SITE. YOUR
CONTINUED USE OF THE INTERNET SITE FOLLOWING ANY CHANGE IN OUR SITE OR POSTING
OF A NEW AGREEMENT ON OUR SITE WILL CONSTITUTE A BINDING ACCEPTANCE OF THE
CHANGE.
Terms and Termination of Agreement
This license will terminate automatically upon
our notice to you if you fail to comply with the terms and conditions described
herein. ArchitecturalDepot.com has the right to terminate the license of any
user at any time for any or no reason. Such termination may be based solely on
the discretion of ArchitecturalDepot.com.
No Warranty Disclaimer
ARCHITECTURALDEPOT.COM DOES NOT WARRANT THAT
YOUR USE OF THE INTERNET SITE WILL BE UNINTERRUPTED, MESSAGES OR REQUESTS
DELIVERED, OR THE OPERATION OF THE INTERNET SITE WILL BE ERROR-FREE OR SECURE.
In addition, the security mechanisms implemented by ArchitecturalDepot.com may
have inherent limitations, and you must determine yourself that the Internet
Site sufficiently meets your requirements. ARCHITECTURALDEPOT.COM IS NOT
RESPONSIBLE FOR YOUR DATA WHETHER RESIDING ON ArchitecturalDepot.com's or your
server. You shall be responsible for all use of your account and maintaining the
confidentiality of your password and information. We discourage sharing your
password and account number with anyone; any such sharing shall be entirely at
your own risk. Accordingly, you should select a unique, non-obvious password and
change your passwords often. THE ARCHITECTURALDEPOT.COM INTERNET SITE AND ITS
CONTENTS ARE PROVIDED "AS IS" AND ARCHITECTURALDEPOT.COM MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS
CONTENTS OR ANY PRODUCT. ARCHITECTURALDEPOT.COM HEREBY EXPRESSLY DISCLAIMS ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. THIS DISCLAIMER BY
ARCHITECTURALDEPOT.COM IN NO WAY AFFECTS THE MANUFACTURER'S WARRANTY, IF ANY,
WHICH SHALL BE PASSED ONTO YOU. EXCEPT AS EXPRESSLY STATED BY THIS AGREEMENT,
ARCHITECTURALDEPOT.COM, ITS SUPPLIERS AND RESELLERS SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION,
LOST INFORMATION OR DATA, COMPUTER INTERRUPTION, AND THE LIKE) OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING FROM OR RELATED TO THE USE
OF PRODUCTS OR THE USE OR INABILITY TO USE THIS INTERNET SITE, EVEN IF
ARCHITECTURALDEPOT.COM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. ARCHITECTURALDEPOT.COM DOES NOT
REPRESENT OR WARRANT THAT THE INFORMATION PROVIDED ON THIS INTERNET SITE IS
ACCURATE, COMPLETE OR CURRENT. THESE LIMITATIONS SHALL SURVIVE ANY TERMINATION
OF THIS AGREEMENT.
Miscellaneous
In the event unauthorized charges appear on
your credit card through no fault of your own and result expressly from using
the ArchitecturalDepot.com site, and for charges which your credit card company
holds you liable, ArchitecturalDepot.com may, at it's option, cover the
liability for up to $50.00, or provide you with a discount on
ArchitecturalDepot.com products, provided you notify your credit card provider
in accordance with their reporting rules and procedures, and reasonably
cooperate with ArchitecturalDepot.com to stop the fraudulent use of your card.
ArchitecturalDepot.com will not be responsible or liable for any delay or
failure to perform under this Agreement if such delay or failure results from
fire, explosion, labor dispute, earthquake, casualty or accident, lack or
failure of transportation facilities and/or services, lack or failure of
telecommunications facilities and/or services including Internet services,
epidemic, flood, drought, or by reason of war, revolution, civil commotion,
blockade or embargo, act of God, any inability to obtain any requisite license,
permit or authorization, or by reason of any law, proclamation, regulation,
ordinance, demand or requirement of any government or by reason of any other
cause whatsoever, whether similar or dissimilar to those enumerated, beyond the
reasonable control of ArchitecturalDepot.com. This Agreement represents the
complete agreement concerning this license and may be amended only by a written
amendment executed by both parties. THE ACCEPTANCE BY ARCHITECTURALDEPOT.COM OF
ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR AGREEMENT
TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any
provision of this Agreement is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable. You represent and
warrant that, as the individual electronically agreeing to the terms of this
Agreement, you are authorized and empowered to agree to this Agreement on behalf
of yourself and any organization that you purport to represent.
California law shall govern this Agreement, excluding its conflict of laws and principles and
excluding the United Nations Convention on the International Sale of Goods.
