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1. Parties. The parties to this Agreement are you, and the owner and operator of this web site: Decks.com and Decks.com, LLC ("Decks.com"). All references to "we", "us", "this web site" or "this site" shall be construed to mean Decks.com.
4. Restrictions. Except as expressly authorized herein or in any separate written agreement signed by the parties or separate agreement originating from this site, you may not copy, modify, distribute, download, display, transfer, post, or transmit this site or its content in any form without Decks.com's prior written permission.
5. Prohibited Activities. The following activities are also expressly prohibited without Decks.com’s prior written permission: any non-personal or commercial use, except as may be provided in any separate written agreement signed by the parties or separate agreement originating with this site; use of any robot, spider, other automatic device, or manual process to monitor or copy this site or any of its content; "mirroring" this site or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on this site or otherwise interferes with its functioning.
6. Posting To This Site. We will not treat information that you post to areas of this site that are viewable by others (for example, to a forum or chat-room) as confidential or proprietary. By posting information to this site, you agree that we may use that information without restriction. You may not post any infringing, threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. We have no obligation to monitor posts to this site; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate.
7. Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings nor, nor do we assume any legal obligation or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
9. ECPA Notice. This web site treats email messages and other communications through this site as private. Exceptions are those permitted by law, included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA"). The ECPA permits our limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the commission of a crime. This site is not considered a "secure communications medium" under the ECPA.
10. USA Patriot Act Notice. The U.S. federal USA Patriot Act ("USA Patriot Act") provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.
11. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of this site is owned by Decks.com or others. Except for the limited rights granted above, all other rights are reserved. All trademarks are the property of their respective owners.
12. Copyright Infringement; The Digital Millennium Copyright Act Notice. This site is an Internet "service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement
Decks.com, LLC P.O. Box 2125 Alpharetta, Georgia 30023 Agent's Email Address: Eric Stalemark - email: decks.com Telephone:(770)751-5967
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
13. Accuracy of Information and Disclaimer of Warranty. Decks.com has made every effort to present the content on this site accurately, but additions, deletions and changes may occur. Content on this site is provided “as is”, and neither Decks.com nor its representatives make any representation or warranty with respect to such products, services, and/or content. DECKS.COM AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
14. Limitation of Liability. Under no circumstances will Decks.com or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this site or its content, even if they have been advised of the possibility of such damages. You access and use this site at your own risk.
15. Links to This Site. Decks.com grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray Decks.com or its products or services in a false, misleading, derogatory, or offensive matter. You may not use the Decks.com logo, Decks.com trademark, or Decks.com’s name or trademarks, or other proprietary graphic in the link without the prior written permission of Decks.com.
17. Participation In Promotions Of Third Party Vendors. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site or with contractors ("third party vendors"). Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each third party vendor. You acknowledge and agree that we are not an agent of any third party vendor or contractor listed on this site and that we are not involved in any transaction between a customer and a contractor or other third party vendor.
18. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Atlanta, Georgia, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Georgia, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
20. Controlling Law. This Agreement shall be construed under the laws of the State of Georgia, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
21. Material Posted on Decks.com. Decks.com does not warrant or represent that the information on this web site is accurate or complete or able to be relied on for construction or specification purposes. It is supplied as a reference for further investigation, study, and clarification with a licensed architect or engineer familiar with construction conditions in the region of the user and particular job site conditions of the user.
22. Indemnity. Any use or non-use of the information posted on Decks.com is the responsibility of the web site user or other party so using or not using the information. Each user of the web site agrees to indemnify and hold harmless Decks.com, its affiliates, officers, directors, agents, representatives and employees, against any and all liability for: (1) any such use of the information posted on Decks.com; (2) any such non-use of the information posted on Decks.com; and (3) the consequences of any use or non use of the information posted on Decks.com. Each user of the web site agrees to indemnify and hold harmless Decks.com, its affiliates, officers, directors, agents, representatives and employees, for any and all damages (actual and consequential), losses, causes of action, judgments, penalties and interest, costs or expenses, including attorneys fees, that you incur as a result of any material you link, upload, transmit or post to Decks.com.
23. Release. You acknowledge that Decks.com may receive a payment from a Contractor or other third party vendor who are listed or registered on this site. You agree that Decks.com is not involved in any transaction between a contractor or other third party vendor and a customer referred to them on this site. You agree to release Decks.com, its affiliates, officers, directors, agents, representatives and employees (Decks.com) from liability for any and all disputes or claims for any reason related to any transaction with any customer or contractor or third party vendor you were referred to on the web site or any other contractor who is now or in the future registered on this site. You release Decks.com from all claims, damages (actual or consequential), demands of any kind and nature, known or unknown, disclosed or undisclosed, suspected or unsuspected, arising out of or in any way related to any such transaction or dispute. All California residents waive California code section 1542 which says:”A general release does not extend to claims which the creditor does not know or suspect or exist in his favor at the time of executing the release, which if known by him must materially affected his settlement with the debtor.”
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