For DELCARPENTER.COM and its PRODUCTS and SERVICES
AGREEMENT BETWEEN USER AND DEL CARPENTER, INC. ("DCI")
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (DELCARPENTER.COM) or purchasing DCI products and services. By accessing or using this Site, or by purchasing DCI products and services, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site or purchase DCI products and services.
MODIFICATION OF THESE TERMS OF USE. DCI reserves the right to change the terms, conditions, and notices under which the DCI Web Site (Delcarpenter.com) are offered, including but not limited to the charges associated with the use of the DCI Web Site – adlin.net. You are responsible for regularly reviewing these terms and conditions. DCI reserves the right to be the sole decision maker as to whether these terms have been violated.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION. Unless otherwise specified, the DCI Web Site (Delcarpenter.com) is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the DCI Web Site. Please see copyright page for more information.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with DCI or to purchase DCI products and services. Any other use of materials on adlin.net, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of DCI is strictly prohibited.
Harassment in any manner or form on Delcarpenter.com, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an DCI employee, host, or representative or other members or visitors on adlin.net is prohibited. You may not upload to, distribute, or otherwise publish through adlin.net any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on Delcarpenter.com or use Delcarpenter.com to solicit others to join or become members of any other commercial online service or other organization.
COPYRIGHTS AND TRADEMARKS. The entire content included in De;carpenter.com, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of DCI. The collective work includes works that are licensed to DCI. Copyright 2006. All Rights Reserved.
TYPOGRAPHICAL ERRORS. In the event a DCI product/service or property listing is listed at an incorrect price due to typographical error or error in pricing information received from our sources, DCI will be held harmless and not held liable, for incorrect information presented on the web site. Should products and services be ordered from the web site with incorrect listing information DCI shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. DCI shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, DCI shall issue a credit to your credit card account in the amount of the incorrect price.
TERMINATION These terms and conditions are applicable to you upon your accessing Delcarpenter.com and/or completing registration or any shopping process. These terms and conditions, or any of them, may be modified or terminated by DCI without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
USER PARTICIPATION. DCI does not and cannot review all communications and materials posted to or created by users accessing adlin.net and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on adlin.net, DCI is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, DCI reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to DCI at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by DCI in accordance with our Privacy Statement.
USER SUBMISSIONS. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to Delcarpenter.com ("Communications") will be considered non-confidential and non-proprietary. DCI will have no obligations with respect to the Communications. DCI will, before reposting, reprinting or otherwise publishing any material from chat rooms or message boards, first seek permission from the posting entity. This condition will not apply in cases of criminal activity or messages deemed to be in the interest of public safety.
USER CHAT ROOMS. DCI may, but is not obligated to, monitor or review any areas on Delcarpenter.com where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. DCI, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. Nothing shall be construed as to imply that DCI endorses or supports any messages posted to the site.
INTERRUPTION OF SERVICE / FORCE MAJEURE DCI shall not be held responsible for delays or failure to perform caused by civil emergencies, terrorist acts, civil unrest, government rules, or the existence of unusual economic emergencies, or by flood, fire, war, delays of carriers, and acts of God, or other similar occurrences beyond the control of DCI.
In the event of disruption of service due to any of the above-mentioned conditions, DCI will resume its services at the earliest possible moment after the end of the emergency, and will not be held responsible for any delays caused by the aforementioned in shipping product etc.
THIRD-PARTY LINKS. In an attempt to provide increased value to our visitors, adlin.net may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with DCI, DCI has no control over these linked sites, all of which have separate privacy and data collection practices, independent of DCI. DCI has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web site. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that DCI sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, DCI seeks to protect the integrity of adlin.net and the links placed upon it and therefore requests any feedback on not only Delcarpenter.com, but for sites it links to as well (including if a specific link does not work).
DISCLAIMER. DCI makes no warranties or representations about the accuracy or completeness of External Sites. DCI does not filter advertisements or other content that children may view through Delcarpenter.com or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
DELCARPENTER.COM AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN DELCARPENTER.COM, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DCI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. DCI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN DELCARPENTER.COM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT DELCARPENTER.COM OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DCI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT SHALL DCI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF DCI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM ADLIN.NET. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. You agree to indemnify, defend, and hold harmless DCI, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing adlin.net using your Internet account.
APPLICABLE LAWS. Your use of adlin.net shall be governed in all respects by the laws of the state of Nevada, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to adlin.net (including but not limited to the purchase of DCI products and services) shall be in the state or federal courts located in Clark County, Nevada. Any cause of action or claim you may have with respect to Delcarpenter.com (including but not limited to the purchase of DCI products and services) must be commenced within one (1) year after the claim or cause of action arises. DCI's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
GENERAL. DCI may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
ADDRESS. Del Carpenter, Inc. 6787 West Tropicana Ave, 2nd Floor Las Vegas, Nevada 89103
