All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Railing Dynamics, Inc. or its content suppliers and is protected by United States and international copyright laws. All software used on this Site is the property of Railing Dynamics, Inc. or its software suppliers and is protected by United States and international copyright laws.
CONVENIENCE AND INFORMATION ONLY
This Site is provided to you without charge as a convenience and for your information only. By merely providing access to this Site, Railing Dynamics, Inc. does not warrant or represent that: (a) the content is accurate or complete; (b) the content is up-to-date or current; (c) Railing Dynamics, Inc. has any obligation to update any content; (d) the content is free from technical inaccuracies or typographical errors; (e) the content is free from changes caused by a third party; (f) your access to this Site will be free from any interruption, error, computer virus or other harmful component; or (g) any information obtained in response to questions asked through this Site is accurate or complete.
LICENSE AND SITE ACCESS
Railing Dynamics, Inc. grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Railing Dynamics, Inc. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robot or similar data-gathering or extraction tool. Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Railing Dynamics, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Railing Dynamics, Inc. or any of our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing any name or trademark of the Railing Dynamics, Inc. without the express written consent of Railing Dynamics, Inc. Any unauthorized use terminates the permission or license granted by Railing Dynamics, Inc. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Railing Dynamics, Inc. so long as the link does not portray Railing Dynamics, Inc., its affiliates or any of their respective products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Railing Dynamics, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to any third party or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity or otherwise mislead anyone as to the origin of a card or other content. Railing Dynamics, Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
When you visit this Site or send any e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Railing Dynamics, Inc. and its affiliates attempt to be as accurate as possible in product descriptions and other content contained on this Site. However, Railing Dynamics, Inc. does not warrant that product descriptions or other content on this Site is accurate, complete, reliable, current or error-free. If a product offered by Railing Dynamics, Inc. itself is not as described, your sole remedy is to return it in unused condition for a full refund to the seller, subject to the terms and conditions of sale.
Although Railing Dynamics, Inc. may provide price quotes when requested through this Site, all prices are subject to change, due to material price increases, etc. Railing Dynamics, Inc. will use commercially reasonable efforts to inform you that pricing has changed from the time of your request for a quote to the time that you place an order. In accordance with industry standards, Railing Dynamics, Inc. may ship +/- 10% of the amount of an order placed unless specified at time of order.
RISK OF LOSS
All items purchased from Railing Dynamics, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier, unless otherwise agreed in writing by Railing Dynamics, Inc.
All items purchased from Railing Dynamics, Inc. are subject to a product warranty provided by Railing Dynamics, Inc. It is your responsibility to receive and understand the warranty terms and conditions before you commit to purchase any product. If a product does not meet the applicable specifications upon arrival or is not exactly what you ordered, you must inform your sales contact immediately and comply fully and timely with Railing Dynamics, Inc. procedures for warranty claims in order to invoke your rights under the Railing Dynamics, Inc. warranty. Railing Dynamics, Inc. need not accept returned merchandise or provide any warranty coverage if the Railing Dynamics, Inc. warranty claims procedures are not followed fully and timely. Railing Dynamics, Inc. may impose additional charges if returned products are not damaged or defective. All products returned to Railing Dynamics, Inc. become the property of Railing Dynamics, Inc.
Railing Dynamics, Inc. reserves the right to refuse any order and may flag an order if fraud is suspected. Further, Railing Dynamics, Inc. reserves the right to prosecute any fraudulent order to the fullest extent of the law.
From time to time Railing Dynamics, Inc. may permit third parties to operate stores, provide services or sell products on this Site. In addition, Railing Dynamics, Inc. may provide links to the sites of affiliated companies and other businesses. Railing Dynamics, Inc. is responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Railing Dynamics, Inc. does not assume any—and hereby expressly disclaims all—responsibility and liability for the actions, products and/or content of any or all of these or any other third parties. Railing Dynamics, Inc. encourages you to review carefully the privacy policies and statements and the terms and conditions of use of those sites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY RAILING DYNAMICS, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS. RAILING DYNAMICS, INC. MAKES NO REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR ANY OF THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RAILING DYNAMICS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RAILING DYNAMICS, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM RAILING DYNAMICS, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL RAILING DYNAMICS, INC. BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST DATA, LOST SAVINGS OR LOST OPPORTUNITY, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER RAILING DYNAMICS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL RAILING DYNAMICS, INC. BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL AND/OR CONSEQUENTIAL DAMAGES OR ANY DEATH, BODILY HARM, PROPERTY DAMAGE OR OTHER INJURY, REGARDLESS OF WHETHER RAILING DYNAMICS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TERMINATION OF SERVICE
NO OTHER AGREEMENT OR UNDERSTANDING
MODIFICATION AND SEVERABILITY
If you have additional questions or comments of any kind, please let us know by e-mail [firstname.lastname@example.org] or by sending your comments to:
Railing Dynamics, Inc.
135 Steelmanville Road
Egg Harbor Township, NJ 08234
Attn: Customer Care – Website Issues
Copyright © 2010 Railing Dynamics, Inc. All Rights Reserved.
EFFECTIVE AS OF: APRIL 1, 2010
LAST UPDATED: APRIL 1, 2010