VISIT DISPLAY FIXTURE WAREHOUSE™

Terms of Service

Last Updated and Effective as of: January 1, 2011

WHITLOCKCONSTRUCTIONPRODUCTS.COM 

TERMS OF SERVICE

These Terms of Service ("Terms") apply to your use of the WHITLOCK CONSTRUCTION PRODUCTS™, LLC website located at WHITLOCK CONSTRUCTION PRODUCTS.COM (the "Site").  The terms "we", "us", and "WCP" refer to WHITLOCK CONSTRUCTION PRODUCTS™, LLC.  The terms "you" and "your" refer to you, as a user of the Site.

BY VISITING THIS SITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS.

1. ACCEPTANCE OF THIS AGREEMENT

(a)        WCP provides users with access to a variety of Internet-based, interactive information services, general and personalized content, and interactive tools (the "Services") which are accessible through the Site by various methods and technological mediums currently or prospectively developed. Your use of the Site and Services is, at all times, subject to all of these Terms, as well as other policies and guidelines of WCP that may be posted and modified from time to time, all of which are considered part of these Terms, including, without limitation, the Privacy Policy.

(b)        By using the Site and Services you are representing that you are 18 years or over and have full power, capacity and authority to enter into a binding agreement with WCP and are not otherwise prohibited from using or receiving the Site and Services pursuant to the laws of the state or country from which you are accessing or using the Site and Services. If you are not able to make the representations in the preceding sentence you are prohibited from using the Site and Services; however, any unauthorized use of the Site and Services by you shall be subject to these Terms until such unauthorized use has been terminated. By using the Services on behalf of any third party you are representing to us that you have full legal authority to bind that third party, and your use of the Services will constitute their acceptance of the Terms. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the Site and Services

2. CHANGES TO THESE TERMS OF SERVICE

We may periodically modify and supplement these Terms, and we will post any new versions on this page. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Site, and your use of the Site or Services after such revisions have been posted will constitute your consent and agreement to the modified Terms. Each version of these Terms will be identified at the top of the page by its effective date, and we will also keep prior versions of these Terms in an archive for your review.

3. PROVISION OF THE SERVICES

(a)        In providing the Services, we do not actively monitor the display, transmission and exchange of Content (defined below) that is accessible by means of the Services, nor do we maintain any obligation to do so except as otherwise determined by us or as required by applicable laws. Subject to the terms of our Privacy Policy, however, we reserve the right to monitor the Services for purposes of determining that their usage is in compliance with these Terms and applicable laws. In addition, we maintain an absolute and unconditional right to review and remove Content accessible by or transmitted through the Services that, in our sole discretion, we believe is in violation of the law of these Terms or is otherwise unacceptable to us.  Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms.

(b)        We reserve the right in our sole and absolute discretion from time to time to modify, change, expand, improve, reduce, and discontinue all or any part of the Services, or the offering of any information, good, content, product or service, with or without notice. WCP shall not be liable to you or any third party should WCP exercise its right to modify or discontinue the Services or portions of the Site.

(c)        To use some of the features of the Site and Services, you may be required to create an account (“Account”) and provide information about yourself to us. Information gathered through the registration process and information related to your Account will be subject to these Terms as well as to our Privacy Policy. You represent and warrant that all information provided by you when creating an Account is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your Account. In creating or updating an Account for a business, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent.

(d)        You are responsible for maintaining the confidentiality of all information related to your Account including your account password. You are also fully responsible for all activities that occur in connection with or under your password or Account, including exiting from your Account at the end of each session. You agree to notify us immediately if you become aware of any unauthorized use of or access to your Account or any breach of security. We reserve the right in our sole and absolute discretion to suspend or close your Account at any time for any or no reason.

4. HOW YOU MAY USE OUR CONTENT

(a)        We use a diverse range of proprietary and authorized third party information, listings, directories, text, tags, advertisements, User Content, photographs, designs, graphics, images, sound and video recordings, animation and other material and effects (the "Content"), whether publicly posted or privately transmitted, on the Site and as part of the Services. You may view, use, copy, and distribute the Content found on the Site or obtained by means of the Services for internal, noncommercial, informational purposes only and in compliance with the Terms and all applicable laws.

(b)        By using the Site and Services, you agree that you will not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Content (except for your own personal, non-commercial use) from the Site without WCP’S prior written consent. In addition, you will not use the Content for any unauthorized non-commercial marketing or promotional campaigns, target or mass solicitation campaigns or political campaigning. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES TO ENABLE THE TRANSMISSION OF UNSOLICITED VOICE MESSAGES, FACSIMILES OR EMAILS IS IN VIOLATION OF THESE TERMS AND MAY BE IN VIOLATION OF UNITED STATES FEDERAL AND STATE LAWS AND REGULATIONS THAT MAY SUBJECT YOU TO PENALTIES UNDER APPLICABLE LAWS.

(c)        You are prohibited from data mining, scraping, crawling, or using any robot, other automatic device, script, technology or processes that send automated queries to the Site, or from using other similar methods and tools to gather or extract data from the Site, without our prior written consent, which consent may be withheld and withdrawn by us at any time, with or without notice, in our sole discretion.

(d)        You may not use the Site and Services to compile data (or any other portion of the Content), in a manner that is used or usable by a competitive listing or social networking product or service. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Site and proper operation and usage of the Services by any other authorized users and third parties.

(e)        You are prohibited from modifying or obscuring the manner in which the Site is displayed or the Services are used, including framing, scraping or any other technique that would alter the visual display of the Site or the visual display of the Services and Content. You may not obscure advertisements displayed as part of the Site and Services, nor modify the advertisements or any Content in a way that is unauthorized. Unless expressly authorized by WCP in our sole and absolute discretion, you may not link to the Site or any portion of the Services (including deep linking to a specific portion of the Site). You are not permitted to script searches or search results of the Site in a manner that results in the automated display of Content on a third party website.

(f)         To the extent applicable, when accessing the Site, utilizing the Services or using any Accounts, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to the Services and any Accounts. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Site and utilizing the Services. All forms of indirect and 'spoofed' access are strictly prohibited. You are prohibited from attempting to access portions of the site which are not intended for public usage and the use of any information obtained from non-public portions of the Site is expressly prohibited.

(g)        Do not submit, post or otherwise transmit to us information that is proprietary or confidential of third parties (whether by law or by contract) or that you otherwise do not have the legal right to use. Any information, content or other material, including, but not limited to, any feedback, data, answers, questions, comments, suggestions, plans, ideas, user reviews or the like, which you send to us will be treated as being non-confidential and non-proprietary. Except as expressly provided to the contrary in our Privacy Policy, we assume no obligation to protect confidential or proprietary information from disclosure. 

5. OUR PROPRIETARY RIGHTS

Any and all intellectual property rights associated with the Site, Services and the Content, including the design, text, graphics, pictures, video, information, applications, software, music, sound, buttons, icons, and other files contained therein or related thereto, and the arrangement thereof, and/or contained in the Site, including, without limitation, all company names and logos and all related products and service names, design marks and slogans, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (collectively, the "Intellectual Property"), are the sole property of WCP or its content providers. Except as expressly provided herein related to User Content, you do not possess, and WCP does not grant to you, any express or implied rights to any Intellectual Property and all such rights are retained by WCP and/or any third party owner of such rights. All authorized copies that you make of the Content or the Site must bear any copyright, trademark or other proprietary notice located on the Site that pertains to the Content being copied, and you agree not to remove, obscure, or alter any such proprietary notices which may be affixed to or contained therein. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of or access to Site, Services and Content.   Without the prior written consent of WCP, you are not authorized to use any WCP name or mark or related marks, in any advertising, publicity or in any other commercial manner, or use our domain name or any domain name that is confusingly similar to our domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service.

6. LICENSE TO USE YOUR CONTENT

(a)        As between you and WCP, you may possess certain intellectual property rights you have under law in content that you may submit, display and/or post via the Site and Services. This content, which includes, but is not limited to your comments, reviews, analyses, proposals and feedback, submitted in any form or medium, whether by emails, posting or otherwise, is considered "User Content." WCP claims no ownership over any User Content, and you retain copyright and all other rights you already hold in your User Content.  By using the Site and Services or submitting and/or posting User Content, you grant WCP a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to access, store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, prepare derivative works, publish, publicly perform, publicly display, distribute and communicate any and all User Content, and to incorporate such User Content into other works in any format or medium now known or later developed, without any obligation, notification or compensation to you. This license is granted to WCP with respect to the use of such User Content in connection with the Site and Services and any subsequent version or modification thereof, and is subject to limitation only by your removal or WCP’s removal of such User Content from the Site and Services.

(b)        You agree and acknowledge that the foregoing license grants to WCP the full right and authority to use User Content for any purpose related to the Site and Services, including the marketing, sale, syndication, and development of the Site, Services and any successors thereto. This license includes an unrestricted right and authority for WCP to make the User Content available to sublicense to other companies, organizations or individuals with whom we have a relationship for the provision of the Services.

(c)        You agree and acknowledge that WCP and its affiliates may modify, adapt, reformat, and otherwise alter or make use of your User Content in such manner as may be required to conform User Content to standards, protocols, formats and requirements related to the Site and Services and any medium by which they are accessible currently or prospectively. You agree and acknowledge that WCP and its affiliates are licensed to transmit or distribute the User Content in all formats and mediums over various networks.

(d)        Your use of the Site and your submission and/or posting of User Content confirms your representation and warranty that you have all the rights, power and authority necessary to grant to WCP the foregoing license and you further represent, warrant and agree that none of the User Content will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements.

(e)        WCP does not approve or control the User Content posted by others, and instead simply provides a service by allowing users to access information that has been made available by others. WCP is not liable for any statements, representations, or User Content provided by its users on the Site or in connection with the Services. WCP assumes no responsibility for monitoring the Site or the Services for appropriate User Content or conduct and has no obligation to screen, edit, or remove any of the User Content. However, WCP reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any User Content at any time and for any reason or for no reason. WCP nonetheless assumes no responsibility for such User Content or for the conduct of the User submitting any such Content.

(f)         WCP does not endorse or warrant any particular content or information available via the Site or guarantee the accuracy, integrity or quality of such content or information. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that by using the Site and/or the Services, you may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will WCP be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site or the Service. You use the Site and the Services at your own risk.

7. TERMINATION

(a)        We may terminate this Agreement, or terminate or suspend your access to the Services, at any time, with or without notice or cause. Upon termination or suspension, your right to access the Site and use the Service will immediately cease. We may discontinue, temporarily or permanently, the Services, with or without notice.

(b)        We reserve the right to terminate, suspend, or restrict your access to the Site and your use of the Services, in whole or in part, unilaterally and without notice, in the event that you violate any of the Terms. If asked to do so, you agree that you will not attempt to access the Site or attempt to utilize the Services by any alias or other disguised or fraudulent identity.

8. THIRD PARTY SITES

(a)        Links to external Internet sites may be provided within the content on the Site as a convenience to users. The listing of an external site does not imply endorsement of the site by WCP or its affiliates. WCP does not make any representations regarding the availability or performance of the Site or any of the websites to which we provide links. When you click on advertiser banners, sponsor links, or other external links from the Site, your browser automatically directs you to a new browser window that is not hosted or controlled by WCP.  WCP is not responsible for the content, functionality, or technological safety of these external sites. We reserve the right to disable links to or from third-party sites to our Site, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Intellectual Property as part of a co-branding relationship. Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any externally linked Web sites.

(b)        Your correspondence or business dealing with or participation in the sales
 promotions of advertisers or service providers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Site. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources.

(c)        You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms and different privacy practices than those set forth in the Privacy Policy governing the Site.

9. CONTENT DISCLAIMER / NO ENDORSEMENTS OR ASSURANCES MADE BY WCP

WCP communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. Content on the WCP Web site may include technical inaccuracies or typographical errors. We make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage. All of the data on User Content including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the User Content. WCP reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Site. Where appropriate, we will endeavor to update information listed on the Web site on a timely basis, but shall not be liable for any inaccuracies. We do not fully screen or investigate business listing Web sites before or after including them on our Site, and we make no representation and assume no responsibility concerning the Content that third parties submit to become listed on the Site.  WCP will not be liable to any person or organization for providing end user online content related to a person’s name, business name, physical address, mailing address, phone number, fax number, email address, website, link, map, yellow page ad, discount, coupon, or any other related content to another person or business using the Site or Services.

10. PRODUCT DESCRIPTIONS

WCF attempts to be as accurate as possible. However, WCF does not warrant that any product description or other Content of the Site is accurate, complete, reliable, current, or error-free. If a product offered by WCF itself is not as described, your sole remedy is to return it in unused condition. 

11. PRICING 

Except where noted otherwise, the price displayed for products on the Site represents our full retail price listed on the product itself.  The listed price may or may not represent the prevailing price in every area on any particular day. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. 

12. DELETIONS FROM SITE AND SERVICES

(a)        WCP does and may take measures to remove Content and User Content at the request of the advertiser who has decided to "opt-out" of the addition of supplemental Content to its advertising, specifically, to ratings and reviews provided by Third Parties, and User Content.

(b)        We reserve the right, but not the obligation, to delete (or to refuse to post to public forums) any Content and User Content which we deem detrimental to the Site or defamatory, infringing or in violation of applicable laws. We reserve the right to exclude the Content from the Site. The contents from third party websites or User Contents submitted to us for publication on the Site may be edited for length, clarity and/or consistency with editorial standards of WCP.

(c)        If you see objectionable content, you should promptly report to WCP the misconduct of users and/or third party advertisers included in the Site. WCP reserves the right to address such requests individually or on a case-by-case basis.

13. DISCLAIMER OF WARRANTIES

(a)        Any use of the Site, the Services, reliance upon any of the Content, and any use of the Internet generally shall be at your sole risk. WCP disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or the Content accessible by use of the Site and Services.

(b)        THE SITE AND THE SERVICES (INCLUDING CONTENT AND INFORMATION POSTED AND ACCESSIBLE THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WCP DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE, SERVICES AND CONTENT. WCP DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE, CONTENT OR THE INTERNET GENERALLY, IS FREE OF VIRUSES, ERRORS, OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED. WCP DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

WCP DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY AND ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE; OR REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE, SERVICES AND CONTENT.

WCP MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE SITE, SERVICES, OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, CONTENT, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE SITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR CONTENT ON OR IN CONNECTION WITH THIS WEBSITE, OR (4) THE INTERNET GENERALLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

14. LIMITATION OF LIABILITY

(a)        YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WCP OR ANY OF ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE SITE AND THE SERVICES FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WCP IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH (1) THE USE OR INABILITY TO USE OR PERFORMANCE OF THE SITE AND THE SERVICES, (2) THE CONTENT OR THE INTERNET GENERALLY, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT, TRANSMISSIONS OR DATA, (4) RELIANCE UPON OR PERFORMANCE OF ANY CONTENT CONTAINED IN OR ACCESSED FROM THE SITE OR A THIRD PARTY SITE, OR (5) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITE. WCP DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER CONTENT ACCESSIBLE FROM THE SITE.

THE USER OF THE SITE AND SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, SERVICES, AND THE INTERNET GENERALLY.

THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, OR IF IT IS OTHERWISE DEEMED UNENFORCEABLE, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. INDEMNIFICATION

You agree to indemnify and hold WCP and its officers, directors, agents, and employees, harmless from and against any and all claims and demands, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens (including reasonable attorneys' fees and costs), due to or arising out of or related to any User Content you post, store, or otherwise transmit on or through the Site, your use of the Site and the Services, your conduct, your violation of these Terms, or your violation of the rights of any third party or any law, rule or regulation.  WCP reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of WCP.  The foregoing indemnity obligations will survive any termination of the Terms.

16. NOTICE AND PROCEDURE FOR COPYRIGHT DISPUTES

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the written information specified below in accordance with the provisions of these Terms. Please note that this procedure is exclusively for notifying WCF that your copyrighted material has been infringed.

(1)        An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(2)        A description of the copyrighted work that you claim has been infringed upon;

(3)        A description of where the allegedly infringing material is located on the Site;

(4)        Your address, telephone number, and e-mail address;

(5)        A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(6)        A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

17. WCP PRIVACY POLICY

You agree that use of our Site is subject to our Privacy Policy, which Privacy Policy is incorporated into these Terms by this reference.  

18. REMEDIES AVAILABLE TO WCP

(a)        WCP reserves the right to seek any and all remedies available at law or in equity in connection with a violation of these Terms.

(b)        WCP reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted Content, IP addresses and traffic information which are also governed by the Privacy Policy.

(c)        You agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you consent to injunctive or other equitable relief for such violations.

(d)        Nothing in these Terms is intend to confer upon you or any third parties any rights, remedies, or benefits not otherwise expressly conferred. Your use of the Services and Site (including any establishment of an Account or submission of User Content) does not create any partnership, agency, joint venture, fiduciary or other similar relationship between WCP and you.

19. ASSIGNMENT

You may not assign these Terms or otherwise transfer this Agreement, in whole or in part; any attempt to do so shall be void.  WCP may assign the Terms and the Terms will inure to the benefit of WCP, its successors and assigns.

20. SEVERABILITY OF TERMS

If for any reason a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provisions, and the remainder of the Agreement will continue in effect and remain fully enforceable.

21. MISCELLANEOUS

(a)        You are responsible for compliance with applicable laws, regulations and ordinances related to your use of the Services. Your compliance with applicable laws is not limited to jurisdictions within the United States (including US Federal law) but also the laws, regulations and ordinances of any jurisdiction from which you access the Site or use the Services.

(b)        By visiting the Site, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and WCF.

(c)        Any dispute relating in any way to your visit to the Site or to products or services sold or distributed by WCF or through the Site shall be adjudicated in any state or federal court in Fulton County, Georgia, and you consent to exclusive jurisdiction and venue in such courts.

 

(d)        All other claims, including without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of resident in the United States, or, if you reside outside the United States, under the laws of the country in which the subject Site are directed.

 

(e)        Any notices required to be given under these Terms shall be given in writing and shall be delivered to the following address: 

Whitlock Construction Products™, LLC
4970 Fulton Industrial Boulevard
Atlanta, Georgia 30336
Attn: President

(f)         Except as expressly stated herein, the Terms constitutes the entire agreement between you and WCP with respect to the Site and the Services, and supersede and replace all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and WCP with respect to the Site, the Services and/or the subject matter of these Terms.

(g)        Any waiver of any provision of the Terms will be effective only if in writing and signed by WCP.  Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.

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