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Terms & Conditions/Safety Notice
The use of the FloridaBuilderAppliances.com website (this "Website") and
the sale of products and services offered on this Website are governed
by the terms and conditions set forth below and all other disclaimers,
guidelines, policies and terms and conditions of sale appearing on this
Website under Customer Service (collectively, the "Terms and Conditions"). Your use of this Website in
any manner, whether browsing, activating an account with us or making a
purchase, constitutes your acknowledgement that you have read the Terms
and Conditions and that you agree to follow and be bound by them.
Florida Builder Appliances reserves the right to modify or change the
Terms and Conditions at any time without prior notice to you.
Therefore, we recommend that you please read them carefully each time
you use this Website.
Please
note that the guidelines, policies and other terms and conditions of
use and sale at the retail stores of Florida Builder Appliances and
other Florida Builder Appliances-affiliated or co-branded websites may
vary.
Usage
Restrictions
You may access and view the Content (as defined below) appearing on
this Website for personal, non-commercial use only. You may download
and/or copy certain portions of the Content for personal,
non-commercial use only, provided that you (a) retain all copyright,
trademark or other proprietary notices contained on the Content, (b) do
not modify or alter the Content in any way and (c) do not make the
Content available to any third party. Florida Builder Appliances
reserves complete title and full intellectual property rights in any
Content that you download from this Website.
You
agree to use this Website only for lawful purposes. The following
activities are strictly prohibited: (i) misrepresenting the identity of
a user; (ii) tampering with this Website; and (iii) conducting
fraudulent activities.
Privacy
Policy
Florida
Builder Appliances use of personal information that you may submit to
Florida Builder Appliances through this Website is governed by the
Florida Builder Appliances Customer Information Privacy Policy. Please
see Privacy Policy.
Proprietary
Rights
The Florida Builder Appliances logos and trademarks, as well as other
marks, trade names, trademarks and logos on this Website, are the
properties of their respective owners. You may not use, reproduce, copy
or manipulate such logos in any manner without the prior written
consent of the owner.
The
entire contents of this Website, including text, images, music, sound,
photographs, video, illustrations, icons, graphics, headers, data,
information and software (collectively, "Content") are subject to
copyright, trademark, or other proprietary rights or licenses held by
Florida Builder Appliances or a Florida Builder Appliances affiliate or
by third parties who have licensed their rights to Florida Builder
Appliances. All Content is copyrighted as a collective work under the
U.S. and international copyright laws and Florida Builder Appliances
owns, to the fullest extent allowed by such law, the copyright in the
arrangement, coordination, enhancement and selection of such Content or
this Website. Except as provided above, you may not make copy, modify
or create derivative works of the Content. In addition, you may not
distribute, publish, transmit, reuse, repost, "and frame" the Content
in any manner or sell or attempt to sell the Content.
Submissions to www.FloridaBuilderAppliances.com and Affiliated Servers
Any
remarks, suggestions, ideas, messages and data submitted by you to
Florida Builder Appliances through this Website or other Florida
Builder Appliances-affiliated websites (collectively, the "Messages")
shall be and remain the exclusive property of Florida Builder
Appliances. Therefore, Florida Builder Appliances discourages you from
submitting Messages that you do not wish to assign to Florida Builder
Appliances, including confidential information or any original creative
materials such as product ideas or original works. You represent and
warrant to Florida Builder Appliances, and accept responsibility for,
the accuracy, appropriateness and legality of the Messages. Your
submission of such Messages shall constitute an assignment to Florida
Builder Appliances of all worldwide right, title and interest in and to
all copyrights and other intellectual property rights in the Messages.
Florida Builder Appliances is entitled to use, copy modify, disclose,
distribute and make derivative use of any of the Messages for any
purpose without restriction or compensation in any way to you.
Modification
of Content
Florida
Builder Appliances attempts to ensure that the Content on this Website
is complete and current. As indicated in the DISCLAIMERS set forth
below, Florida Builder Appliances does not guarantee that the
information contained on this Website will not contain errors,
inaccuracies or omissions. Such errors, inaccuracies or omissions may
relate to price or to product description or availability. Florida
Builder Appliances reserves the right to correct any error, inaccuracy
or omission or to change or update the Content without prior notice to
you. Further, Florida Builder Appliances reserves the right to refuse
or cancel any orders containing any error, inaccuracy or omission,
whether or not the order has been submitted, confirmed and/or your
credit card has been charged. If your credit card has been charged for
the purchase and your order is canceled, Florida Builder Appliances
shall promptly issue a credit to your credit card. If you are otherwise
unsatisfied with your purchase, you may return it to Florida Builder
Appliances.
Placing
an Order
Florida
Builder Appliances charges sales tax for merchandise ordered on this
Website based on the applicable state sales tax rate and the location
to which the order is being shipped. Once your order is submitted to
us, we cannot change or cancel an order until your merchandise is
received by you. All returns of merchandise are subject to Florida
Builder Appliances return policy.
DISCLAIMERS
ALL
CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT
MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL USE
OF THIS WEBSITE IS AT YOUR OWN RISK. FLORIDA BUILDER APPLIANCES
DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES
OF FLORIDA BUILDER APPLIANCES, WHETHER EXPRESS OR IMPLIED, ARISING BY
OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY
CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A)
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN
TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU
ACKNOWLEDGE THAT FLORIDA BUILDER APPLIANCES DOES NOT REPRESENT OR
WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR
THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE
FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR
OTHER HARMFUL COMPONENTS.
FLORIDA
BUILDER APPLIANCES DOES NOT WARRANT THE ACCURACY, INTEGRITY OR
COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY
ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH
THIS WEBSITE. FLORIDA BUILDER APPLIANCES DOES NOT MAKE ANY
REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE
FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Florida
Builder Appliances reserves the right to refuse or cancel any orders
placed for products and/or services for which the sale or use of such
products and/or services in your state is restricted or prohibited.
Florida
Builder Appliances may display advertising prints for products sold
through this Website. Florida Builder Appliances attempts to display
the colors of the products shown on this Website as accurately as
possible. However, we cannot guarantee that the color you see matches
the product color, as the display of color depends, in part, upon the
type of computer monitor used by you.
Limitation
of Liability
IN
NO EVENT SHALL FLORIDA BUILDER APPLIANCES, ITS DIRECTORS, OFFICERS,
EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES
BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY,
STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY
DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES)
ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR
RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF
FLORIDA BUILDER APPLIANCES OR ITS REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS
WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY
PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR
ANY REASON, THEN FLORIDA BUILDER APPLIANCES TOTAL LIABILITY TO YOU
SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF
DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Enforcement
By
accessing and using this Website, you agree that your access and use of
this Website is subject to the Terms and Conditions, and all applicable
laws, as governed by the laws of the State of Florida, without giving
effect to any principles or conflicts of laws.
Links
to Third Party Websites
This
Website may contain links to other sites that are neither owned nor
operated by Florida Builder Appliances (although some such sites may
have an affiliation with Florida Builder Appliances) (collectively,
"Third Party Sites"). Such links are provided for your convenience
only. Florida Builder Appliances makes no representations whatsoever
about any Third Party Sites which you may access through this Website,
as Florida Builder Appliances has no control over the content appearing
on such Third Party Sites. Moreover, a link to a Third Party Site does
not imply and does not constitute sponsorship, endorsement, approval or
responsibility for the content on, or the use of, such Third Party
Site. No rights to use or copy the information on this Website or the
Third Party Site is granted or implied. Please Note: The privacy
policies applicable to Third party Sites may differ significantly from
Florida Builder Appliances Customer Information Privacy Policy. You are
encouraged to review the applicable privacy policies of such Third
Party Sites.
Miscellaneous
The
Terms and Conditions constitute the entire agreement between you and
Florida Builder Appliances with respect to this Website. The Terms and
Conditions supercede all prior or contemporaneous communications and
proposals, whether electronic, oral or written between you and Florida
Builder Appliances with respect to this Website. No modification of the
Terms and Conditions shall be effective unless it is authorized by
Florida Builder Appliances. If any provision of the Terms and
Conditions is found to be contrary to law, then such provision(s) shall
be constructed in a manner to closely reflect, as much as possible, the
intentions of the parties, with the other provisions remaining in full
force and effect. |
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