“The Deck Barn” refers to the service(s) provided subject to these Terms and Conditions of Use (“Terms”)and/or its parent company, The Deck Barn, Inc. The Deck Barn is dedicated to providing User/Customer with a unique combination of products and services.
The following words used in these Terms shall have the following meanings:
1. “Personal Information“ shall mean all data and/or information provided by and about User/Customer.
2. “The Deck Barn web site” shall mean all web sites on which The Deck Barn provides products, information and/or services.
3. ” User/Customer ” shall mean all Users/Customers of The Deck Barn web site.
4. “Products, Information and Services” shall mean all products, information and/or services provided by The Deck Barn, its advertisers or 3rd party partners.
5. “Registration Information” shall mean the Personal Information you are required to give to The Deck Barn in the registration process, in order to access our products, information and services.
6. “Account Profile” shall mean the The Deck Barn web site page(s) where the Personal Information that User/Customer has provided is displayed, in compliance with User/Customer’s consent and agreement.
A. By visiting or logging in as a User/Customer of The Deck Barn, you fully accept these Terms.
B. The Deck Barn may operate, either now or in the future, sub-domains and aliases of these domains, in order to provide additional new and exciting services, information and/or products. All web sites on which The Deck Barn provides products, information and/or services are hereinafter referred to as the “The Deck Barn web site.”
C. These Terms shall govern the relationship between you and The Deck Barn, irrespective of which web site you are registered with or logged into, either now formed, or created in the future.
D. User/Customer understands and agrees to enter into these Terms on the use of The Deck Barn web sites with The Deck Barn. Additional contact information, commercial registry data, as well as other information about The Deck Barn, can be found under “About This Site” located elsewhere on this web site.
E. User/Customer can access these Terms, by clicking on the “Terms and Conditions of Use” link that appears on The Deck Barn web site “Home” page, and by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Terms have been closed.
II. Products, Information and Services
A. Details about the full range of products, information and/or services available for Users/Customers are set forth on The Deck Barn web site.
B. Any use of the products, information and/or services, and content offered on The Deck Barn web site beyond the scope of options provided by The Deck Barn, requires prior written consent.
C. User/Customer acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of The Deck Barn, or any other, web site. The Deck Barn shall nonetheless endeavor to keep The Deck Barn web site available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond The Deck Barn’s control (e.g. disruptions in communication networks, power failures, equipment failure, etc.), may result in brief disruption or temporary interruption of the services provided on The Deck Barn web site.
D. In the event that User/Customer has a disagreement with The Deck Barn advertisers or partners or 3rd-party partners or affiliates, The Deck Barn may, but is not obligated to, act as intermediary in those cases and shall not be liable for any breach of such agreements entered into by User/Customer.
III. Registration, Representations and Warranties Upon Registration
A. User/Customer must register prior to purchasing any of the products, information and/or services on The Deck Barn web site.
B. User/Customer warrants and represents that all of the data provided by the User/Customer for registration is accurate and complete. The User/Customer shall report any changes in the registration data to The Deck Barn immediately upon such changes.
C. User/Customer shall not use pseudonyms or fictitious names in their registration or profile, except as may be specifically allowed by these Terms.
D. User/Customer shall choose a password upon registration. User/Customer is solely responsible for keeping this password secret and shall not give it out to anyone who may then use it to access the User/Customer account. The Deck Barn shall not disclose the password to any 3rd-party and The Deck Barn shall not ask for the User/Customer password at any time.
E. By completing the registration process, the User/Customer agrees with all Terms herein. The Deck Barn accepts the User/Customer registration by activating the User/Customer account for the use of services on The Deck Barn web site.
V. Obligations of User/Customer
A. User/Customer agrees to adhere to the following requirements:
1. To provide only true and non-misleading information in the User/Customer account profile and in all communications with The Deck Barn;
2. To comply with all laws, ordinances, statutes and applicable legislation and to respect all 3rd-party rights. In particular, User/Customer shall not:
a. Use or post any insulting or defamatory words, music, symbols, photographs or other similar content, regardless of whether said contents are directed at The Deck Barn personnel or other companies or individuals;
b. Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;
c. To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws or ordinances:
i. Sending chain letters;
ii. Performing, posting, advertising and promoting any form of illegal structural distribution measures (such as illegal multi-level marketing or illegal multi-level network marketing); or
iii. Communicating in any insinuating, discriminatory or sexually abusive way (suggestive, implicit or explicit).
3. You may not provide, post or otherwise distribute, User/Customer content that:
a. violates any right of The Deck Barn or any 3rd-party;
b. violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
c. interferes with any User/Customer’s uninterrupted use of The Deck Barn;
d. uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
e. disrupts, interferes with, or otherwise harms or violates the security of The Deck Barn or any services, system resources, accounts, passwords, servers or networks connected to or accessible through The Deck Barn web site;
WARNING: ANY VIOLATION OF THESE TERMS THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY THE DECK BARN.
4. User/Customer is further prohibited from the following activities:
a. Employing any mechanisms, software or scripts when using The Deck Barn web site;
b. Blocking, overwriting, modifying and copying of any contents of The Deck Barn web site, unless said actions are necessary for the proper use of the services on The Deck Barn web site. For example, the use of the “Robot/Crawler” search engine technology is not required for proper use of the services and is therefore prohibited;
c. Distributing or publicly disclosing the contents of the web site of The Deck Barn, without written permission; or
d. Performing any actions that may impair the operability of The Deck Barn’s infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software.
VI. Changes to the Services
The Deck Barn, in its sole discretion and without prior notice, reserves the right to modify the products, information and/or services offered on The Deck Barn web site and/or to offer products, information and/or services different from those offered at the time of the User/Customer registration.
IV. Right To Cancel
A. User/Customer/Customer may terminate an account at any time. User/Customer shall deliver notice of termination using the Customer Service email address at support@TheDeckBarn.com . The termination notice shall include the User/Customer registered name and email address used at the time of registration or thereafter updated.
B. In the event of a valid cancellation, The Deck Barn will remove all account information from The Deck Barnweb site and database.
C. Once a User/Customer account is cancelled, they must re-register in order to use The Deck Barn web site.
D. The Deck Barn may, without cause and in its sole discretion, terminate the account or decline any order of User/Customer for any reason deemed appropriate by The Deck Barn.
VIII. General Disclaimers and Limitations of Liability
A. While The Deck Barn uses reasonable efforts to include accurate and up-to-date information, The Deck Barn specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material, including prices and description, displayed in any and all The Deck Barn web sites. The Deck Barn disclaims any responsibility or liability for the deletion, failure to store, non-delivery, or untimely delivery of any information or material. The Deck Barn disclaims any responsibility or liability for any harm resulting from its products, services or information, downloading, accessing or relying on any information or material provided through The Deck Barn web site.
B. THE DECK BARN WEB SITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE DECK BARN WEB SITE, ARE PROVIDED “AS IS,” WITH NO WARRANTIES, EXPRESSED OR IMPLIED. THE DECK BARN EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE DECK BARN DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE DECK BARN WEB SITE. THE DECK BARN DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE DECK BARN WEB SITE. THE DECK BARN DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH, OR ADVERTISED ON, THE DECK BARN WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE DECK BARN WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY 3rd–PARTY LINKS OR ANY USER/CUSTOMER CONTRIBUTIONS PROVIDED IN THE DECK BARN WEB SITE.
C. USER/CUSTOMER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE DECK BARN WEB SITE AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
E. THE DECK BARN IS NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USER/CUSTOMER, 3rd-PARTIES, ACTIONS OF ANY THIRD PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, USER/CUSTOMER COMPUTER EQUIPMENT OR OTHER PROPERTY.
F. UNDER NO CIRCUMSTANCES SHALL THE DECK BARN BE LIABLE TO ANY USER/CUSTOMER ON ACCOUNT OF THAT USER/CUSTOMER’S USE OR MISUSE OF, OR RELIANCE ON, THE DECK BARN WEB SITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE DECK BARN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE DECK BARN WEB SITE, FROM INABILITY TO USE THE DECK BARN WEB SITE OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE DECK BARN WEB SITE (INCLUDING SUCH DAMAGES INCURRED BY 3rd-PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DECK BARN WEB SITE OR RECEIVED THROUGH ANY 3rd–PARTY LINKS PROVIDED IN THE DECK BARN WEB SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DECK BARN WEB SITE OR RECEIVED THROUGH ANY 3rd–PARTY LINKS PROVIDED IN THE DECK BARN WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE DECK BARN WEB SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON OR IS LINKED OR RELATED IN ANY WAY TO, THE DECK BARN WEB SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
G. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PLEASE CHECK WITH YOUR JURISDICTION.
H. The Deck Barn does not make any warranties or representations regarding any data, content and/or information provided or made available by any User/Customer on The Deck Barn web site or on any external web sites linked to them. In particular, The Deck Barn does not warrant or represent that said data, content and/or information is true or accurate, or that it fulfills or serves any particular purpose.
I. Without limiting the foregoing, under no circumstances shall The Deck Barn be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
User/Customer agrees to indemnify, defend and hold harmless The Deck Barn, its web site and each of its respective advertisers, parents, 3rd–party partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding:
1. User/Customer use of The Deck Barn web site;
2. The Deck Barn’s use of any User/Customer content or information you provide, as long as such use is not inconsistent with these Terms;
3. information, content, products or material provided through User/Customer IP address, even if not posted by User/Customer; or
4. any violation of these Terms by User/Customer.
XI. Data Protection
A. The Deck Barn recognizes that any data provided by User/Customer to The Deck Barn is extremely important and The Deck Barn shall therefore be particularly sensitive in handling such data.
B. User/Customer is advised that there are inherent security risks in transmitting data, such as emails, credit card or personal information via the Internet because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, The Deck Barn shall do what is reasonable to safeguard your data, subject to this cautionary limitation.
C. In particular, personal information will be transmitted via the internet only if it does not infringe upon 3rd-party rights, unless the respective party has given prior consent in view of such security risks. Further, when sensitive personal information is transmitted, The Deck Barn will encrypt it using Secure Socket Layertechnology (SSL).
E. The Deck Barn opposes the use of available contact information by a 3rd-party for sending unsolicited advertisements (SPAM).
F. The Deck Barn reserves the express right to take legal action against unsolicited mailing or emailing of SPAM and other similar unsolicited advertising materials. The Deck Barn will report all violators to their respective Internet Service Providers (ISP) as well as the appropriate legal authority.
XII. Right to Content Use
A. When User/Customer provides content or contributions to The Deck Barn web site User/Customer grants The Deck Barn a limited, revocable, nonexclusive and non-assignable right of use for the respective content or contribution which The Deck Barn is entitled to utilize for any purpose allowed by these Terms. In particular, The Deck Barn is entitled to use said content or contribution posted by User/Customer, for marketing or in any other way allowed. The Deck Barn may use User/Customer content or contributions in any form, format, or medium of any kind now known or later developed.
Although User/Customer grants The Deck Barn a license, as stated above, The Deck Barn DOES NOT OWN SUCH CONTENT. This license grants The Deck Barn certain rights and also proscribes limitations of what The Deck Barn may do and not do with the content, more fully described as follows: The Deck Barn
- May not sell or give away your content as permanent downloads or physical copies, alone or in a compilation;
- May not continue exercising the license after you provide us with a request for termination, as described below;
- May not use or license another party to use your content outside of The Deck Barn web site;
- May let other parties exercise these rights on The Deck Barn web site, which permits the license to become sublicensed;
- May exercise these rights without paying you any remuneration, royalties or other fees, whatsoever;
- May exercise these rights throughout the The Deck Barn web site worldwide;
- User/Customer may grant similar licenses to others;
- User/Customer may terminate the license at any time by following the steps described below:
B. The Deck Barn grants a right of use over all posted content or contributions to The Deck Barn web site to all Users/Customers. Duplication or the use of these contributions or their contents by User/Customer or 3rd-parties in other electronic or printed publications is prohibited. Copying, downloading, disseminating, distributing and storing of the contents of The Deck Barn web site is, with the exception of the cache memory when searching for The Deck Barn web pages, prohibited without The Deck Barn’s express consent.
C. User/Customer may use The Deck Barn web site content only and solely for personal, non-commercial use, and may download or print a single copy of any portion of said content solely for personal, non-commercial use, provided User/Customer does not remove any trademark, copyright or other notice from such Content.
D. User/Customer may not post, distribute or republish in any way, any portion of The Deck Barn web site content to any Internet, Intranet or Extranet web site or incorporate said content in any database, compilation, archive or cache, except as expressly allowed in these Terms.
E. User/Customer may not distribute any The Deck Barn web site content to others, whether or not for payment or other consideration and may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of said content except as expressly allowed in these Terms.
F. User/Customer may not copy The Deck Barn web site content without permission from The Deck Barn. User/Customer agrees not to decompile, reverse engineer or disassemble any software or other products or processes accessible through The Deck Barn web site. User/Customer may not insert any code or product or manipulate the content of The Deck Barn web site in any way that affects the User/Customer experience, and further, may not use any data mining, data gathering or extraction method on The Deck Barn web site.
G. Requests to use The Deck Barn content for any purpose other than as permitted in these Terms shall be directed to the Customer Service email address at support@TheDeckBarn.com .
H. User/Customer grants to The Deck Barn the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication User/Customer provides or otherwise submits for any purpose whatsoever, including but not limited to, commercial purposes and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any type to User/Customer.
I. Without limiting the generality of the previous paragraphs, User/Customer authorizes The Deck Barn to share User/Customer provided content across all web sites, to include User/Customer content in a searchable format accessible by other Users/Customers of The Deck Barn web site, now in use or later developed, to place advertisements in close proximity to such User/Customer content and to use User/Customer name, likeness and any other information in connection with The Deck Barn’s use of the material User/Customer provides.
J. Prohibited uses do not include any use that The Deck Barn expressly authorizes in writing.
XIII. Errors in Advertisements
On occasion, a product or service offered by advertisers and/or 3rd-parties on The Deck Barn web site may not be available at the time or at the price as it appears in an advertisement. In such an event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability or error in pricing or product information received from 3rd-party advertisers or suppliers, you agree The Deck Barn is not responsible for such errors or discrepancies and that User/Customer’s only course of action is to contact the appropriate 3rd–party advertiser.
XIV. Additional Terms
A. These Terms and any modifications thereto must be in writing to be valid. No secondary agreements exist between The Deck Barn and User/Customer.
B. The Deck Barn reserves the right to modify these Terms at any time, without providing reasons and without notice to User/Customer. User/Customer is urged to check these Terms frequently in order to determine if they have been modified in any way. If these Terms have been modified and User/Customer continues to access and use The Deck Barn web site, the modified Terms shall be deemed to be accepted by User/Customer.
C. Unless otherwise stated in these Terms, User/Customer may submit all notices to The Deck Barn using the following Customer Service email address at support@TheDeckBarn.com
D. The Deck Barn may send notices to the User/Customer by email to the address(es) given in the User/Customer registration or updated contact data in a User/Customer account.
E. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favorably, when possible, to the benefit of The Deck Barn.
F. The place of performance and jurisdiction under these Terms shall be main place of business of The Deck Barn, which is the State of Michigan.
G. These Terms and the contractual relationships thereto shall be governed by the laws of the State of Michigan.
XV. Discontinuation of Service
A. The Deck Barn may modify, suspend, discontinue or restrict the use of any portion of The Deck Barn web site, including the availability of any portion of it, at any time, without notice or liability.
B. The Deck Barn may deny access to any User/Customer at any time for any reason. In addition, The Deck Barn may, at any time, transfer rights and obligations under these Terms to any current or future The Deck Barn subsidiary or business unit, or any companies or divisions, or any entity that acquires The Deck Barn or any of its assets.
X. Customer Service/Support
All queries by User/Customer regarding these Terms or The Deck Barn’ services can be emailed to The Deck Barn at support@TheDeckBarn.com .
XVI. Statute of Limitations
User/Customer agrees to file any claim regarding any aspect of this web site or these Terms within six (6) months of the time in which the events giving rise to such claim began or User/Customer agrees to waive such claim. User/Customer also agrees no claim subject to these Terms may be brought as a class action.
XVII. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XVIII. Effective Date
THESE TERMS AND CONDITIONS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON JULY 7, 2009.