Terms and conditions
Before using the David Alan Flooring Web site. By accessing and using the site, you acknowledge that you have read, understood, and agree to comply with the terms and conditions contained within this agreement (“Agreement”).
We may amend these terms and conditions at any time. Your continued use of this Web site constitutes acceptance of the terms and conditions stated at the time of your use. You should visit this page prior to using this web site to determine the current terms and conditions to which you are bound.
To access certain portions of this Web site, you must register with us by establishing a Personal Profile. Upon registration, you will be asked to select a username and password. You agree to provide truthful and accurate information during the registration process or when prompted to submit personal information through a form or e-mail request from authorized David Alan Flooring staff. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate or incomplete, we reserve the right to terminate your Personal Profile account and suspend your use of any and all services offered through this Web site.
Corporate Identification and Trademarks
All registered and/or unregistered trademarks and/or service marks used or referred to on the Web site are the property of David Allan Flooring and/or its affiliates, unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these marks in any way without our prior written permission. The use of David Alan Flooring’s trademarks on any other Web site is prohibited.
All materials contained on this Web site are copyrighted except where explicitly noted otherwise. © 2005 David Alan Flooring. All rights reserved.
Proprietary Rights to Content
You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this Web site, in sponsor advertisements or in other information presented to you (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
We give you permission to electronically copy and print portions of the Web site for your personal use. However, we retain the copyright on all such materials. You understand and agree that you are permitted only to use this Content as expressly authorized by this Agreement and may not copy, reproduce, distribute or create derivative works from this Content without our prior, express authorization.
The use of David Alan Flooring’s trademarks as a “link” on or from any other Web site is prohibited unless we have approved the link in advance.
Disclaimer of Warranties
We make no warranty that this Web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor do we make any warranty as to the results that may be obtained from the use of this Web site or as to the accuracy or reliability of any information obtained through this Web site. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY PROVIDED OTHERWISE, WE PROVIDE THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DAVID ALAN FLOORING& CO., ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
WE MAKE REASONABLE EFFORTS TO PLACE ACCURATE INFORMATION ON THIS WEB SITE. NEVERTHELESS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE WEB SITE CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF DAVID ALAN FLOORING& CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree, at your own expense, to indemnify, defend and hold harmless David Alan Flooring., its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of this Agreement or in connection with your use of this Web site or any product or service related thereto.
This Agreement and the relationship between you and us shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to this Agreement or relating to use of this Web site and the materials contained in this Web site shall be resolved in a Pennsylvania court. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.