TERMS AND CONDITIONS OF SITE USE AND COPYRIGHT & TRADEMARK NOTICE
Use of Site. By use of this website (the "Site") of FireplaceWarehousestore.com (the "Company"), you agree to all of the terms, conditions, and notices contained or referenced in this Site (the "Terms and Conditions"). If you do not agree to these Terms and Conditions, do not use this Site. The Company reserves the right at its discretion to update or revise these Terms and Conditions. Your continued use of this Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
Copyright. The content of this Site is protected by copyright and portions of the Site content are also the subject of patent, trademark, service mark, trade secret, or other proprietary rights and laws, and constitute the proprietary information (the "Proprietary Information") of the Company [or third parties]. You may not copy, distribute, or create derivative works from such Proprietary Information without the prior written consent of the Company. You agree that the Company has not conferred by implication, estoppels or otherwise any license or right under any patent, trademark or copyright of the Company or of any third party. Systematic retrieval of data or other content from this Site to prepare any collection, compilation, database, or directory is prohibited.
Trademarks. Product names, logos, designs, titles, words, or phrases within this Site may be trademarks, servicemarks, or tradenames of the Company and may be registered in certain jurisdictions and may not be used without the prior written permission of the Company. Marks owned by other entities not affiliated with the Company may appear on this Site. Company claims no interest in those marks.
No Confidentiality. Should you respond with information, feedback, data, questions, comments, suggestions or the like regarding the content of this Site, any such response shall be deemed not to be confidential and the Company shall be free to reproduce, use, disclose and distribute the response to others without limitation.
No Links; No Endorsement. No hyperlinks to this Site are permitted without the Company's prior written consent. Any links to third party web sites are not an endorsement, sponsorship, or recommendation of the third parties or the third parties' ideas, products, or services. Similarly, any references in this Site to third parties and their products or services do not constitute an endorsement, sponsorship, or recommendation.
No Guaranty of International Service or Compliance. This Site was designed for and is operated in the United States. If this Site is viewed internationally, you are responsible for compliance with applicable local laws. The Company does not intend to provide its products or services outside the United States at this time.
DISCLAIMER OF WARRANTIES. ALTHOUGH WE DO OUR BEST TO MAINTAIN OUR SITE WITH ACCURATE DATA, THE POSSIBILITY FOR ERRORS DOES EXIST. ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") IS PROVIDED "AS IS" AND "AS AVAILABLE." THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. [THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.] THE COMPANY MAY IMPROVE OR CHANGE ITS PRODUCTS DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. THE COMPANY ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE WHETHER BASED ON ACTIONS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Jurisdiction and Venue. You and the Company agree that the laws of the State of Colorado will apply to all matters arising from or relating to use of this Site, whether for claims in contract, tort, or otherwise, without regard to conflicts of laws principles. You and the Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the Court of Denver County, Colorado and the United States District Court for the District of Colorado with respect to such matters.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and the Company with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and the Company with respect to this Site. If any provision(s) of these Terms and Conditions are held invalid or unenforceable, those provisions shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the party’s, and the remaining provisions shall remain in full force and effect.
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