Terms of Use
1. INTRODUCTION
These terms of use govern your use of this website and the provision of any goods and services through this website. These terms may be changed, updated or amended at any time. Any amendments to the terms will be posted on the website. You should review these terms each time you use the website.
YOUR USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CREATES A BINDING LEGAL AGREEMENT. YOU MUST ACCEPT THESE TERMS IF YOU WISH TO USE THE WEBSITE OR ANY OF THE SERVICES. NO CHANGES, ADDITIONS OR DELETIONS BY YOU TO THESE TERMS WILL BE ACCEPTED.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of this website and the services, you represent and warrant that you are over eighteen years old (or, for non-US users, such other minimum age as may be required by applicable law). You further represent that you are of legal age to form a binding contract and that you possess the capacity to enter legal agreements. You further represent and warrant that you have not previously been denied access to this website due to a previous violation of the terms of use.
You agree to provide true and accurate information about yourself in communicating with us or others on this website.
You agree that your use of this website and services are governed by our Privacy Policy.
3. AVAILABILITY
We will make reasonable efforts to allow use of the website and make our services available at all times, but we do not represent, warrant, or guarantee that the use of the website and our services will be uninterrupted, timely, secure or error free. We may interrupt the availability of the website or services as we deem necessary for any reason including without limitation maintenance or repair or for reasons relating to network or other communications providers.
4. ASSUMPTION OF RISK
Heirloom Stair and Iron, Inc. ("Heirloom") advises that there are risks inherent with any Internet use and in the conduct of commercial transactions over the Internet. Heirloom believes that it has in place reasonable and appropriate procedures to protect personal information against loss or unauthorized disclosure. Nevertheless, Heirloom does not warrant the security of your personal information against any and all possible loss or unauthorized access or disclosure.
5. DISCLAIMER OF WARRANTIES
You expressly understand and agree that your use of this website and services is at your sole risk. We provide access to the website and services on an "as is" and "as available" basis. We do not guarantee the security of the web site or that your access to the web site will be free from loss, data corruption, attack, viruses, "worms," "Trojan horses" or other harmful elements. You should use diligence in backing up your system periodically to ensure that your data is available to you in the event of any loss or damage and to use caution in accessing any third-party or external sites or resources linked from our web site. You acknowledge and agree that we have no control over such sites and resources and that we are not responsible for the availability of such external sites or resources. We do not endorse any external sites or resources and are not liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
HEIRLOOM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYERS, EMPLOYEES, PARENT COMPANIES, AND OWNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL HEIRLOOM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, OWNERS AND PARENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND ANY OF OUR SERVICES OR FOR ANY OTHER CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEB SITE OR OUR SERVICES, OR YOUR INABILITY TO USE THE WEB SITE OR OUR SERVICES.
6. WAIVER AND INDEMNITY
You agree to waive any claims that you have against us relating to any action taken by us in terminating or suspending your rights to access the website or to utilize any of our services, our removal of any content from our website, our refusal to furnish services to you, our refusal to process any information or content, or any other action that we may take in connection with granting or refusing access to our website or any of our services. We may terminate access to you without warning.
You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, employees, owners and parents harmless from any claim or demand, including but not limited to reasonable attorneys fees due to or arising out of your use of the website or our services, your connection to our website, your violation of these terms of use, or your violation of any rights of any third-party relating to your use of the website or our services, including without limitation claims for infringement, and any and all other claims, demands, legal or regulatory proceedings whatsoever arising from your use or access to the website or any of our services.
7. NOTICES
We may send you notices with respect to services by sending an e-mail message to the e-mail address that you provide. Your use of the website and acceptance of the website's Privacy Policy constitutes your agreement to receive communications from us.
8. COPYRIGHT NOTICE; TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS
Heirloom owns this website and the design, layout, look, appearance and graphics. Heirloom claims protection under United States Copyright law and the law of any and all foreign jurisdictions.
Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner.
Heirloom owns the designs, trade dress, trade names, trademarks, appearance and images of all products depicted or described in this website. None of the material presented on this website, and none of the products sold or depicted on this website, may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Heirloom.
9. GOVERNING LAW
This agreement is governed by and shall be construed under the laws of the State of South Carolina. The laws of the State of South Carolina govern these terms and your use of the services. You expressly agree that exclusive jurisdiction for any claim or dispute arising out of or connected with these terms of use, your use of the website or the services shall be vested in the Circuit Court for the State of South Carolina in Greenville, South Carolina.
10. ENTIRE AGREEMENT
These terms of use constitute the entire agreement between you and us and govern your use of our service, superseding any prior agreements between you and use. If any provision of these terms of use is found to be invalid, the parties nevertheless agree that the court should endeavor to give full effect to the parties' intentions as reflected in the provision, and all other provisions of the terms of use remain in full force and effect.