WEBSITE TERMS & CONDITIONS OF USE
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
Inspect Before Use
Return and Replacement Policy
Assumption of Risk
Limited Lifetime Warranty
Limitation of Liability and Indemnification
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
You may not:
•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.
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.
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.
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
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 email@example.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.
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.
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.
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