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Terms and Conditions THE NOTICES ON THIS PAGE ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU MUST REVISIT THIS PAGE OFTEN TO LEARN OF CHANGES Your use of this site or you placing an order through any means following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. All the content on this site is Copyright Duraline Systems Inc. All rights reserved. Website Usage Restrictions You may access and view the content appearing on this Website for personal, non-commercial use only! You may download and/or copy portions of the content for personal, non-commercial use only, provided that 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 content available to any third party. Duraline Systems 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 are included, but not limited to, in strictly prohibited actions: i) misrepresenting the identity of a user; ii) tampering in any way with this Website; and iii) conducting any type of fraudulent activity. Links to Third Party Sites Please understand that when you access another web site through this one, Duraline Systems can accept no responsibility for your experience with the site. Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website. Communications with Duraline Systems We welcome your comments regarding this site. However; comments, feedback, notes, messages, ideas, suggestions or other communications transmitted to Duraline Systems will be treated as nonconfidential and nonproprietary. All communications to Duraline Systems become the exclusive property of Duraline Systems and you agree that by transmitting any communication you relinquish all rights and interests in same. Duraline Systems shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. Duraline Systems shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. Therefore; Duraline Systems discourages you from transmitting information that you do not wish to assign to Duraline Systems, including confidential information or creative ideas. Furthermore, you will take all responsibility for the content of your communication and warrant that it does not violate any law, statute, ordinance or regulation or the intellectual property rights of third parties. You agree that Duraline Systems may copy all or part of your communication in any response(s) it makes to you. Proprietary Rights All product names, logos, trademarks, as well as other marks and trade names on this Website are the properties of Duraline Systems Inc., or 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 but not limited to 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 Duraline Systems or a Duraline Systems affiliate or by third parties who have licensed their rights to Duraline Systems. All content is copyrighted as a collective work under the U.S. and international copyright laws and Duraline Systems 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 in this agreement, you may not distribute, publish, transmit, reuse, repost, “and frame” the Content in any manner or sell or attempt to sell the Content. Accuracy and Content Duraline Systems is working hard to ensure that the information provided on the Duraline Systems site or in any Duraline Systems catalog or advertisements are accurate and up-to-date, but due to the risk that the information may be compromised by software or procedural errors, Duraline Systems does not guarantee the accuracy or completeness of the information provided on this site or in any Duraline Systems catalog or advertisement. Duraline Systems reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Pricing and shipping & handling rates are subject to change without notice. We apologize for any inconvenience this may cause you. Duraline Systems does not warrant the accuracy, integrity or completeness of the content provided in this Website or in any Duraline Systems catalog or advertisement, including any advice or other similar information obtained by you from us though this Website or in any Duraline Systems catalog or advertisement. Duraline Systems makes no representation that the content provided in this Website or in any Duraline Systems catalog or advertisement is applicable or appropriate for use in locations outside the United States. No Warranties; Limitation of Liability for Website, Duraline Systems catalog or any type of Duraline Systems advertisement In no event shall Duraline Systems, 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 or entity 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, Duraline Systems catalog or any type of Duraline Systems advertisement or any content on this Website, Duraline Systems catalog or any type of Duraline Systems advertisement, even if Duraline Systems or its Representative has been advised of the possibility of such damages. If you are dissatisfied with this Website, Duraline Systems catalog or any type of Duraline Systems advertisement and the content contained therein or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of this Website, Duraline Systems catalog or any type of Duraline Systems advertisement. If any portion of this limitation is found to be invalid or unenforceable for any reason, then Duraline Systems total liability to you shall in no event exceed one hundred United States dollars (US $100.00). Some states do not allow the exclusion and limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. No Warranties; Limitation of Liability for Merchandise All merchandise listed in this Website, Duraline Systems catalog or any type of Duraline Systems advertisement are “as is” (to the extent allowed by law) and, unless otherwise specifically noted, are without warranties of any type, express or implied. Duraline Systems disclaims all warranties, including, but not limited to, the Implied Warranty of Merchantability and the Implied Warranty of Fitness, for a particular purpose. Duraline Systems disclaims any liability for product defect claims that are due to product misuse, improper product selection and/or misapplication and any description, picture or other information communicated does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages are expressly disclaimed. Duraline Systems liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability. Personal Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Shipping - Lead Time Duraline Systems normally ship within 1-3 days using UPS. This is subject to product availability Shipping - Risk of Loss All items purchased from Duraline Systems are made pursuant to a shipment contract. This means the risk of loss and title for such items pass to you upon our delivery to the carrier. Duraline Systems is not responsible or liable for any damage arising from shipment. Severability The Terms and Conditions constitute the entire agreement between you and Duraline Systems with respect to this Website, Duraline Systems catalog or any type of Duraline Systems advertisement. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Duraline Systems with respect to this Website, Duraline Systems catalog or any type of Duraline Systems advertisement. No modification of the Terms and Conditions shall be effective unless it is authorized in writing by Duraline Systems. 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. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Choice of Law By use of this Website, Duraline Systems catalog or any type of Duraline Systems advertisement, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Duraline Systems or its affiliates. |