All-Pro Quality Garage Doors and its affiliates (collectively “All-Pro Quality Garage Doors”) provides the information and services on its web site located at www.allproqgd.com and through e-mail campaigns (collectively the “Site”) under the following terms and conditions. By accessing the Site, you indicate your acceptance of these terms and conditions. All-Pro Quality Garage Doors reserves the right to modify this Acceptable Use Policy at any time. You are encouraged to check this policy each time you access the Site. Your continued use of this Site indicates you agree to the terms of the most current version of this Acceptable Use Policy, as amended from time-to-time.
LAWS AND REGULATIONS.
Your access to and use of this Site is subject to all applicable laws, rules and regulations. You agree not to use the Site in any way that violates such laws, rules or regulations.
COPYRIGHT AND TRADEMARKS.
The information available on or through this Site, along with all graphics, images, text, information, sounds and other content (collectively “Content”) is the property of All-Pro Quality Garage Doors, or its licensors, and is protected by copyright, trademark, service mark and other intellectual property rights. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any Content available on or through this Site for commercial or public purposes. All right, title and interest in the trade dress, selection, coordination, arrangement and enhancement of the Content are specifically reserved to All-Pro Quality Garage Doors or its licensors. Your internal reproduction of the Site is permitted only to the extent necessary to allow you to utilize the Site. Permission is granted to electronically copy and print hard copies of pages from the Site solely for personal non-commercial purposes, and any such copies must bear the copyright notice included on each Web page. You may not “deep link” or frame any pages on the Site. You may not use the trademarks, logos and service marks (“Marks”) associated with the Site for any purpose, including, but not limited to use as “hot links” or metatags in other pages or sites on the World Wide Web without the written permission of All-Pro Quality Garage Doors.
LINKS TO THIRD PARTY SITES.
This Site may contain links that will let you access other Web sites. The links are only provided as a convenience and All-Pro Quality Garage Doors does not endorse any of these sites or the contents, advertising, products and services available on or through such sites. All-Pro Quality Garage Doors assumes no responsibility or liability for any material that may be accessed on other Web sites, even if reached through this Site, nor does All-Pro Quality Garage Doors make any representation regarding the quality of any product or service available on or through any such site.
LINKS FROM THIRD PARTY SITES.
All-Pro Quality Garage Doors prohibits unauthorized links to the Site and the framing of any information contained on the Site or any portion of the Site. All-Pro Quality Garage Doors reserves the right to disable any unauthorized links or frames. All-Pro Quality Garage Doors has no responsibility or liability for any material on other Web sites that may contain links to this Site.
Information and content provided on or through this site, whether original to All-Pro Quality Garage Doors or from third parties, are provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. All-Pro Quality Garage Doors does not make any warranties or representations as to accuracy or completeness of information on this site. All-Pro Quality Garage Doors periodically adds, changes, or updates the information and documents on this Site without notice. All-Pro Quality Garage Doors does not represent or warrant that your use of the Site will be uninterrupted, error free, secure, free of viruses or other harmful materials.
LIMITATION OF LIABILITY.
Under no circumstances shall All-Pro Quality Garage Doors be liable for any damages suffered by you, including, without limitation, any direct, indirect, incidental, special, consequential or punitive damages (including, without limitation, any lost profits or damages for business interruption, loss of information, programs or other data) that result from access to, use of, or inability to use this site or due to any breach of security associated with the transmission of information through the internet, even if All-Pro Quality Garage Doors was advised of the possibility of such damages. This limitation of liability applies whether the alleged liabilities are based on contract, tort, negligence, strict liability or any other basis. The aggregate liability of All-Pro Quality Garage Doors for all claims under any provision herein shall not exceed $10.
Protecting your privacy is important to All-Pro Quality Garage Doors. The All-Pro Quality Garage Doors PRIVACY STATEMENT describes how we use and protect information you provide to us.
All-Pro Quality Garage Doors uses commercially reasonable efforts for your protection. However, the security of information transmitted through the Internet can never be guaranteed. All-Pro Quality Garage Doors is not responsible for any interception or interruption of any communications through the Internet and Site or for changes to or losses of data.
TRANSMISSION OF DATA.
You acknowledge and agree that any information or data you submit to the Site becomes the property of All-Pro Quality Garage Doors.
You will not use the Site in violation of any applicable laws, regulations or policies. You agree you will not: interfere with or compromise the operation of the Site or intercept, redirect or interfere with messages or data intended for transfer to other parties; access without authorization any computers, accounts or networks or penetrate any security measures; interfere with the operation of this Site, transmit or distribute destructive information, such as a virus, or engage in mail bombings or distributed denial of service attacks; or tamper with any Content contained on the Site. We are not required to accept any transactions from users who are less than eighteen (18) years of age.
THIRD PARTY SOFTWARE AND SERVICES. You acknowledge that your use of certain functions of the Site is subject to third party rights and remedies. For example, the incentive rewards program involves software and services provided by a third party. You may access this Site and use this Site in accordance with and subject to the terms set forth herein. Nothing herein shall be construed to grant you rights to use, copy or distribute third party software and services not expressly granted herein.
TERMINATION OF ACCESS; REMEDIES.
In order to enforce this Acceptable Use Policy, such as in the event of any breach or threatened breach, All-Pro Quality Garage Doors may suspend and/or terminate your access to and use of the Site without notice. You understand and agree that All-Pro Quality Garage Doors shall be entitled to receive preliminary injunctive relief without the necessity of posting bond and other equitable and legal remedies against you relating to its enforcement of this Acceptable Use Policy.
You understand that you are purposely accessing this Site of All-Pro Quality Garage Doors, which business maintains a presence in the State of California; therefore, you agree that your use of the Site and this Acceptable Use Policy shall be governed and construed in accordance with the laws of the State of California, USA, and applicable federal laws and regulations without regard to conflicts of law principals. Without limiting the arbitration provisions in Section 14, you understand and agree that all proceedings relating to this Site and the subject matter contained herein shall be maintained exclusively in the state or federal courts in and for the San Diego, California.
Any controversy or claim, whether based on contract, tort or other legal theory arising out or relating to this Site and/or Acceptable Use Policy shall be resolved exclusively by arbitration conducted in San Diego, California. The arbitrator will be bound by the provisions of this Acceptable Use Policy and by the rules and procedures of the American Arbitration Association. The arbitrator?s awards and decisions shall be final and binding upon the parties, and any decision rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof.
The prevailing party in any action to interpret or enforce this Acceptable Use Policy shall be entitled to reasonable attorney’s fees and costs.
NO WAIVER; SEVERABILITY.
Any failure by All-Pro Quality Garage Doors to enforce any of its rights under this Acceptable Use Policy or applicable laws shall not constitute a waiver of such rights. If any provision of this Acceptable Use Policy shall be deemed unlawful or unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from this Acceptable Use Policy and shall not affect the validity and enforceability of any remaining provisions hereunder.