Terms and Conditions of Use
Wayne Dalton, a division of Overhead Door Corporation (“Wayne Dalton”) grants you (“User”) permission to view www.Wayne-Dalton.com,, the (“Site”), provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement (“Terms”). Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site.
Wayne Dalton does not warrant or endorse the accuracy or reliability of the information contained on, distributed through or linked to or downloaded or accessed from this Site and does not warrant or endorse the quality of any software or other products, information or other materials displayed, purchased or obtained by a User as a result of any advertisement or any information or offer made in or through this Site. Local regulations vary substantially, and Wayne Dalton does not warrant that the information available from this Site complies with building codes, ordinances, or regulations for any particular application or in any particular jurisdiction, without Wayne Dalton's express written agreement.
Wayne Dalton is constantly improving its information, products and services. Consequently, Wayne Dalton cannot and does not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services.
Any purchase by User of any products or services manufactured or supported by Wayne Dalton shall be subject to all of the standard terms and conditions set forth in Wayne Dalton's purchase and sale terms and conditions applicable to the purchase.
COPYRIGHT AND TRADEMARKS
Wayne Dalton takes seriously legal copyright, trademark and privacy laws. Visitors of this Web site and customers of Wayne Dalton shall abide by the following notice: The copyrights, trademarks, other intellectual property and all materials provided on this Site are owned, controlled, or licensed by Wayne Dalton, one of its affiliates or by the original owner and are protected by U.S. and international laws. None of the text, content, materials, names, logos, trademarks or other marks on this Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise. You also may not, without Wayne Dalton's permission, "mirror" any materials contained on this Site on any other server. Any unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The trademarks, logos, meta tags and service marks displayed on this Site, and other trademarks used by Wayne Dalton (collectively, the "Marks"), are the property of Wayne Dalton. Users are prohibited from using any Mark for any purpose.
LINKED INTERNET WEB SITES
Wayne Dalton has provided Internet links to other Web sites for User's convenience. Most Web sites linked to this Site are owned and operated independently of Wayne Dalton. As a result, Wayne Dalton has no control over the products, materials, services or other information contained in or available through these third-party Web sites. The quality and reliability of these third party Web sites may vary as they are updated or altered. Wayne Dalton’s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Wayne Dalton’s inclusion of the links imply that Wayne Dalton is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site. The User acknowledges that access to any other Web sites linked to this Site is at the User's own risk.
EXCEPT FOR AVAILABLE WRITTEN EXPRESS WARRANTIES FOR WAYNE DALTON'S PRODUCTS DESCRIBED ON THIS SITE, THE MATERIALS, DRAWINGS, SPECIFICATIONS, PRODUCTS AND OTHER RESOURCES AVAILABLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WAYNE DALTON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WAYNE DALTON DOES NOT WARRANT THAT THE DISSEMINATION OF THE INFORMATION WILL BE ERROR FREE OR UNINTERRRUPTED. WAYNE DALTON DOES NOT WARRANT THAT THE MATERIALS, DRAWINGS, SPECIFICATIONS OR THE SERVER THAT MAKES THEM AVAILABLE WILL NOT CONTAIN ANY COMPUTER VIRUSES THAT MAY INFECT THE USER'S COMPUTER EQUIPMENT, NETWORK OR RELATED SOFTWARE. WAYNE DALTON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE MATERIALS, DRAWINGS OR SPECIFICATIONS AND THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, TO THE EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WAYNE DALTON BE LIABLE TO USER OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE INFORMATION) ARISING OUT OF OR RELATED TO THE SITE, EVEN IF CAUSED BY THE NEGLIGENCE OF WAYNE DALTON AND EVEN IF WAYNE DALTON OR ANY PROVIDER OF THE INFORMATION HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY OF ERRORS THEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY IN PARTICULAR CASES OR JURISDICTIONS. IN NO EVENT SHALL WAYNE DALTON'S TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY THE USER, IF ANY, FOR ACCESSING THIS SITE.
The User's access to and use of this Site and information available on or through this Site are subject to and shall be governed by and construed in accordance with all applicable federal laws of the United States and applicable laws of the State of Ohio and local governmental entities. Wayne Dalton and User irrevocably consent to the exclusive jurisdiction of the courts located in Holmes County, Ohio and the federal courts situated in the State of Ohio in connection with any action arising under or in connection with these Terms or relating to the User's access of this Site, or any information available on or through this Site.
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Wayne Dalton has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use. You agree that Wayne Dalton may at any time and without notice change the terms and conditions and notices under which this Site is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and Wayne Dalton as a result of this agreement or your use of this Site.
Wayne Dalton’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Wayne Dalton’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Wayne Dalton with respect to such use. This agreement constitutes the entire agreement between you and Wayne Dalton with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Wayne Dalton with respect to this Site. No modification of this agreement shall be effective unless it is authorized by Wayne Dalton or its affiliates, or unless it is physically signed by a Wayne Dalton officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Wayne Dalton in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Wayne Dalton in printed form.