PLEASE READ THE FOLLOWING TERMS AND POLICIES CAREFULLY.
WHEN YOU USE OUR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS & CONDITIONS.
These Terms & Conditions were last updated on 11/1/17 and replace and supersede any previous versions and will remain current until further notice. These Terms & Conditions apply to these Website addresses, which are owned by David S. Smith Fence, Inc:
These Website Standard Terms & Conditions (these “Terms” or these “Website Terms & Conditions”) shall govern your use of the website(s), including all pages within the website(s), identified above (collectively, the “Website”).
We will refer to David S. Smith Fence, Inc as “David S. Smith Fence, Inc", “we”, “us”, or “our.” Similarly, we will refer to you, our User, our Customer or Client, as ”you,” “your,” or “User.” Collectively, together we are the “parties.”
These Terms apply in full force and effect to your use of the Website and by using the Website, you expressly accept all terms and conditions contained herein in full. You must not use the Website if you have any objection to any of these Website Terms & Conditions. If you do not agree to any or all of the terms, your only remedy is to not use the Website.C
The Website is not for use by any minors, which mean persons under the age of 18. The Website is also not for the use by any person who is legally incompetent or who lacks the capacity to understand the terms and conditions.
2. Illegal or Abusive Usage is Strictly Prohibited.
You must not abuse, harass, threaten, impersonate or intimidate other users of the Website. You may not use the Website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Should you be found to have engaged in illegal or abusive usage of the Website, we will suspend your account or usage as applicable.
3. Intellectual Property Rights.
Other than content you own, which you may have opted to include on the Website, under these Terms, David S. Smith Fence, Inc and/or its licensors own all rights to the intellectual property and material contained in the Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on the Website.
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of David S. Smith Fence, Inc, protected by U.S. and international copyright laws. The compilation of all content on the Website is the exclusive property of David S. Smith Fence, Inc and protected by U.S. and international copyright laws. All software used on this site is the property of David S. Smith Fence, Inc or its software suppliers and protected by U.S. and international copyright laws.
The Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of David S. Smith Fence, Inc in the U.S. and/or other countries. The Website and/or David S. Smith Fence, Inc’s trademarks and trade dress may not be used in connection with any product or service that is not the Website and/or David S. Smith Fence, Inc, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us. All other trademarks not owned by David S. Smith Fence, Inc that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
4. Your Account.
If you use the Website, 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. David S. Smith Fence, Inc reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
5. Disclaimer of Warranties and Limitation of Liability.
The Website is provided “as is,” with all faults, and David S. Smith Fence, Inc makes no express or implied representations or warranties, of any kind related to the Website or the materials contained on the Website. Additionally, nothing contained on the Website shall be construed as providing consult or advice to you.
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY David S. Smith Fence, Inc ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. David S. Smith Fence, Inc MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, David S. Smith Fence, Inc DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. David S. Smith Fence, Inc DOES NOT WARRANT THAT THE WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THESE SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. David S. Smith Fence, Inc WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
6. Applicable Law.
By visiting our website, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms & Conditions, and any dispute of any sort that might arise between you and us shall be exclusively decided in Apopka County, Florida.
You are expressly and emphatically restricted from all of the following:
1. publishing any Website material in any media; 2. selling, sublicensing and/or otherwise commercializing any Website material; 3. publicly performing and/or showing any Website material; 4. using the Website in any way that is, or may be, damaging to the Website; 5. using the Website in any way that impacts user access to the Website; 6. using the Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity; 7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Website, or while using the Website; or 8. using the Website to engage in any advertising or marketing;
Certain areas of the Website are restricted from access by you and David S. Smith Fence, Inc may further restrict access by you to any areas of the Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for the Website are confidential and you must maintain the confidentiality of such information.
8. Your Content.
In these Website Terms & Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. This is unlikely to occur, but in the event Your Content is displayed on the Website, by displaying it, you grant David S. Smith Fence, Inc a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. David S. Smith Fence, Inc reserves the right to remove any of Your Content from the Website at any time, and for any reason, without notice.
You hereby indemnify to the fullest extent David S. Smith Fence, Inc from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
11. Variation of Terms.
David S. Smith Fence, Inc is permitted to revise these Terms at any time as it sees fit, and by using the Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of the Website.
David S. Smith Fence, Inc shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.