Terms & Conditions | SkyLine Canopies Terms & Conditions | SkyLine Canopies

Terms & Conditions

WEBSITE TERMS & CONDITIONS OF USE

IMPORTANT

Your access to and use of this website, located at  theskylinecanopies.dreamhosters.com (the “Website”) (← UPDATE LINK) constitutes acceptance of these Website Terms and Conditions of Use (“Terms of Use”). If you do not agree to these Terms of Use, please do not use the Website or any services offered by the Website.

We may change or modify these Terms of Use from time to time without prior notice to users. Your continued use of the Website and/or the services made available on or accessed through the Website after any such changes shall constitute acceptance of those changes.



TABLE OF CONTENTS

Ownership and Operation

Use of the Website

Your Accounts and Other Obligations

Third-Party Content and Sites

Purchasing from the Online Store

Payment

Inspect Before Use

Return and Replacement Policy

Maintenance

Warning

Modification

Assumption of Risk

Limited Lifetime Warranty

Privacy

Disclaimers

Limitation of Liability and Indemnification

Dispute Resolution

Governing Law

Severability



OWNERSHIP AND OPERATION

The Website is owned and operated by SkyLine Canopies LLC (“THE COMPANY”) from its offices within the United States of America (“U.S.”). Unless otherwise stated on the Website, the Website is intended only for users and customers in the U.S.and its territories.

USE OF THE WEBSITE

Your access to and use of the Website and the products and services offered through the Website, including your purchase of Products from the Online Store, are subject to these Terms of Use unless expressly stated otherwise in writing, and all applicable laws.

You may not:

•Use the Website for any purpose that is unlawful or prohibited by these Terms of Use.

•Use the Website in any manner that could damage, disable, overburden or impair the Website, or interfere with any other Website user’s use and enjoyment of the Website.

•Attempt to gain unauthorized access to the Website through hacking, password mining, or any other means.

•Attempt to overcome any security features of the Website.

•Use any robot, spider, site search/retrieval application, or other automated devices, process, or means to access, retrieve, scrape, or index any portion of the Website.

•Reverse engineer any portion of the Website.

•Collect or harvest any information from the Website.

•Use any device, software, or routine that interferes with or attempts to interfere with the proper working of the Website.


The content of the Website, including all names, logos, trademarks, and all other intellectual property appearing in the Website, is the property of or has been licensed to THE COMPANY and is protected by trademark, copyright, and other laws. Except for your own personal or noncommercial use, you are prohibited from copying, republishing, posting, transmitting, distributing, or displaying any content from the Website without the prior written consent of THE COMPANY. Any unauthorized attempt to modify any of the materials included on the Website and use of the materials for any other purpose is a violation of THE COMPANY’S copyright and other proprietary rights. The use of any of these materials and content is at your own risk. THE COMPANY reserves the right to change any and all content, materials, and other items used or contained in the Website at any time without notice.

Without limiting any other remedies, THE COMPANY reserves the right, in its sole discretion, to terminate your right to access the Website, or any portion thereof, at any time, for any reason, or for no reason at all, without prior notice, or any notice.

YOUR ACCOUNTS AND OTHER OBLIGATIONS

You represent and warrant that:

•For any account(s) you create through the Website, the information you provide is truthful and accurate and does not infringe the rights of anyone else.

•Any Product reviews, comments, and other content you provide through the Website will be truthful and accurate and will not infringe the rights of anyone else, including but not limited to copyrights, other intellectual property rights, and privacy rights and will not defame anyone.

You understand and agree that:

•You will keep the information in your account(s) accurate and up to date.

•You are solely responsible for the activity that happens on or through your account(s).

•You will not share your password, let anyone else access or use your account(s), or do anything else that might jeopardize the security of your account(s).

•You will not attempt to access an account belonging to someone else.

THIRD-PARTY CONTENT AND SITES

The Website may contain links to other sites or resources that are not operated by THE COMPANY or under THE COMPANY’S control(collectively, “Third-Party Content”), such as Product Assembly Instructions and How-To Videos. Links to and from the Website and Third-Party Content do not constitute an endorsement by THE COMPANY of such Third-Party Content.

THE COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THIRD-PARTY CONTENT. YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY CONTENT. WE ENCOURAGE YOU TO REVIEW THE TERMS AND CONDITIONS OF THE THIRD PARTY’S SITE WHEN YOU LEAVE THE WEBSITE AND ENTER A THIRD-PARTY SITE.

PURCHASING FROM THE ONLINE STORE

Non-customized products (“Products”) may be purchased on the Website through the Online Store.

You may order customized items using this Request Quote form. All transactions regarding purchases of customized products, including inquiries, are governed by the Terms and Conditions of Purchasing Customized Products, regardless of whether a purchase is ever finalized.

THE COMPANY does not warrant that descriptions, prices, or other Product-related content on the Website are accurate, complete, reliable, current, or error-free. Prices and availability are subject to change without notice. Unless otherwise noted, Product prices do not include applicable taxes or shipping fees.

Orders may arrive in multiple shipments. THE COMPANY does not guarantee shipping times. Unless stated otherwise in these Terms of Use, the risk of loss and title for purchased Products passes to you upon our delivery to the carrier.

PAYMENT

Your payments will be processed through third-party applications over which THE COMPANY has no control. THE COMPANY will not have access to any details of your payment information, such as credit card numbers. The control and processing of such information is governed by the privacy policy of the applicable application.

INSPECT BEFORE USE

The Products must be inspected before use to ensure no damage during shipment. If damaged, do not use the damaged Products, and immediately contact THE COMPANY for a replacement, as described below.

RETURN AND REPLACEMENT POLICY

In the event that a Product is damaged during transit, THE COMPANY will replace such Product(s), provided that proper documentation is submitted, including but not limited to photo(s) of the damaged Product(s) and a detailed description of such damage. Please contact us regarding any replacement questions. THE COMPANY will not replace Products that are damaged due to normal wear and tear; abuse or misuse of the Products; lack of maintenance; wind, rain, or any other Act of God; or use of the Products that do not conform with applicable assembly or other manufacturer instructions.

MAINTENANCE

Necessary maintenance on the Products can be performed by the manufacturer. Improper or incorrectly performed maintenance or repair may void any warranty on the Products.

WARNING

Misuse of Products may involve serious risks, including but not limited to property damage, physical injury, disability, and death. The Products may not be used for unlawful purposes, and such use is expressly prohibited by these Terms of Use.

MODIFICATION

Modification of Products can lead to malfunction causing serious risk, including but are not limited to property damage, physical injury, disability, and death. You are responsible for any modifications you perform on the Products. THE COMPANY is not responsible for any modifications you perform on the Products or any results of such modifications, and you agree not to attempt to hold THE COMPANY liable for the same.

ASSUMPTION OF RISK

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCTS MAY BE ASSOCIATED WITH A HIGH LEVEL OF RISK, AS DESCRIBED IN THESE TERMS OF USE, AND, TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF ANY PROPERTY DAMAGE, PHYSICAL INJURY, DISABILITY, OR DEATH SUSTAINED WHILE USING AND/OR ALLOWING OTHERS TO USE THE PRODUCTS, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF THE COMPANY, INCLUDING BUT NOT LIMITED TO MALFUNCTION OF THE PRODUCTS.

LIMITED LIFETIME WARRANTY

What Does This Warranty Cover? This warranty covers any Product defects and any malfunctions of the Products that occur during normal and expected uses, as such is determined by THE COMPANY in its sole discretion.

How Long Does the Coverage Last? This warranty lasts as long as you own the Products. Coverage terminates if you sell or otherwise transfer the Products.

What Will THE COMPANY Do? THE COMPANY will replace any defective or malfunctioning parts at cost plus shipping, except as described below.

What Does This Warranty Not Cover? This warranty does not cover any defect, malfunction, or damage that is caused by normal wear and tear; abuse or misuse of the Products; lack of maintenance; damage caused by wind, rain, or any other Act of God; or use of the Products that do not conform with applicable assembly or other manufacturer instructions. This warranty shall be void as to any Products which have been altered or modified in any manner.

How Do You Get Service? In order to be eligible for service under this warranty, you MUST contact THE COMPANY at info.skylinecanopies@gmail.com and provide photo(s) and a detailed description of the defective or malfunctioning Products.

How Does State Law Apply? This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

What About Other Warranties? The Products may be subject to warranties provided by the manufacturer, and any such warranty may pass to you upon acceptance of the Products.

PRIVACY

THE COMPANY’S PRIVACY POLICY is incorporated herein by reference.(<-LINKED)

DISCLAIMERS

UNLESS STATED OTHERWISE IN THESE TERMS OF USE, THE WEBSITE, ITS CONTENTS, AND ALL PRODUCTS ARE PROVIDED ON AN “AS-IS” BASIS, AND YOUR USE OF ALL OF THEM IS AT YOUR OWN RISK.

THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE THIRD-PARTY CONTENT, INCLUDING BUT NOT LIMITED TO ASSEMBLY INSTRUCTIONS AND HOW-TO VIDEOS ACCESSED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH THIRD-PARTY CONTENT SHALL BE AT YOUR OWN RISK.

UNLESS STATED OTHERWISE IN THESE TERMS OF USE, THE COMPANY MAKES NO SPECIFIC PROMISES OR WARRANTIES, EITHER IMPLIED OR EXPRESS, ABOUT THE WEBSITE OR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT YOU WILL NOT ATTEMPT TO HOLD THE COMPANY RESPONSIBLE FOR THE SAME. FOR EXAMPLE, THE COMPANY MAKES NO COMMITMENTS ABOUT THE CONTENT, FUNCTIONALITY, RELIABILITY, OR AVAILABILITY OF ANY PRODUCTS OR THEIR ABILITY TO MEET YOUR NEEDS.

TO THE EXTENT PERMITTED BY LAW, AND OTHER THAN AS STATED OTHERWISE IN THESE TERMS OF USE, THE COMPANY EXCLUDES ALL WARRANTIES.

THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE WILL BE ERROR-FREE, THAT ACCESS TO IT WILL BE UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITE OR THE RESULTS OF USING THE WEBSITE OR ANY CONTENT OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THEIR CORRECTNESS, ACCURACY, AND RELIABILITY.

LIMITATION OF LIABILITY AND INDEMNIFICATION

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, AND SPECIAL DAMAGES, OR LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR THE PRODUCTS, REGARDLESS OF WHETHER SUCH LIABILITY ISBASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE, AND EVEN IF ADVISEDOF THE LIKELIHOOD OF SUCH DAMAGES.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY, AND EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBLICENSEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, AND/OR DAMAGES (INCLUDING ATTORNEY’S FEES FOR ATTORNEYS OF COMPANY’S CHOOSING AND COURT COSTS)ARISING OUT OF OR RESULTING FROM (I)YOUR USE OR MISUSE OF THE WEBSITE, OR THE ANY CONTENT OF THE WEBSITE, OR THE PRODUCTS; (II)YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OF USE; AND/OR (III)YOUR ALLEGED VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO CLAIMS OF DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY, BREACH OF CONFIDENCE, AND INFRINGEMENT OF COPYRIGHT, TRADEMARK, PATENT, OR ANY OTHER INTELLECTUAL PROPERTY RIGHT. YOU SHALL AGREE TO COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. THE COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF OFANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN ANY EVENT, YOU SHALL NOT SETTLE ANY MATTER REGARDING THE COMPANY WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY.

DISPUTE RESOLUTION

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms of Use(collectively, the “Dispute”), you and COMPANYagree to use best efforts to settle the Dispute amicably. Accordingly, upon either party receiving written notice of a Dispute from the other, the parties shall negotiate with each other in good faith to attempt to reach a fair and equitable solution satisfactory to both.

After a minimum of thirty (30) days from receipt of the notice of Dispute, if either party believes in good faith that negotiations are not reasonably likely to resolve the Dispute, it may provide the other with a written notice requesting mediation. The parties shall select a mediator by mutual agreement within thirty (30) days of the receipt of the notice. The mediator shall: (1) be a member of the Association of Attorney Mediators, (2) licensed by the State Bar of Texas, (3) have a minimum of five (5) years of mediation experience, and (4) not be a former judge.

If the parties are unable to resolve the Dispute with a minimum of eight (8) hours of good-faith mediation, either party may provide the other with a written notice requesting arbitration, and the Dispute shall be finally settled by arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules & Procedures.

Unless the parties agree otherwise, all mediations and arbitrations shall be conducted virtually (online), and each party shall pay half of the total fees and costs.

Each party shall, to the best of its ability, provide the mediator(s) and/or arbitrator(s) with all relevant documents reasonably requested by the mediator(s)/arbitrator(s). All communications, information, documents, and other materials made or shared during the course of negotiations, mediation, and/or arbitration, both oral and written, and in any format or medium, shall be considered confidential, except that any information that is currently available to the public at large and evidence that is otherwise admissible or discoverable shall not be rendered confidential, inadmissible, or non-discoverable purely because of its use in the negotiations or mediation.

GOVERNING LAW; JURISDICTION

These Terms of Use and any disputes arising under or related to these Terms of Use(whether for breach of contract, tortious conduct, or otherwise) shall be governed by and construed in accordance with the laws of the State of Texas, without reference to its conflicts of law provisions.

SEVERABILITY

If any provision of these Terms of Use is invalid, unlawful, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability of any remaining provisions.

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