TERMS OF USE

 

Last Revised: January 31, 2018 

This page outlines the terms and conditions (referred to as “Terms and Conditions” or “Agreement”) relating to your use and the use by all visitors and users of the http://www.acttkitchenandbath.com Web site (the “Site”). By accessing and browsing the Site you accept and agree to be bound by these Terms and Conditions. ACTT Kitchen & Bath – General Contractor, LLC (“ACTT”) reserves the right to change, add, delete, or modify any of the Terms and Conditions without prior notice to you. Please carefully read this Agreement before using this Site and review this page before each use to be aware of the then current Terms and Conditions to which you are bound. Please scroll down to review the entire agreement.

 

Use of this Site:

Without limiting the generality of any other terms of this Agreement, you agree not to, and not to facilitate any other individual or entity to: download, modify, reproduce, reverse engineer, adapt, publicly display, license, sell, rent, create derivative works, or in any way commercially exploit any portion of this Site, except to the extent expressly permitted under this Agreement; reformat or frame any portion of any Web pages that are part of this Site; use this Site to violate security of or gain unauthorized access to any computer, device, or computer network; submit to this Site any content that implies or states falsely that such content is endorsed or sponsored by ACTT; remove any copyright, trademark or other proprietary rights notice contained in or on the Site. You may, however, download copies of the materials on this site (without modifying any content or notices regarding copyrights, trademarks, or otherwise) solely for your personal non-commercial use.

 

Disclaimer/Limitation of Liability:

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, AND OF ANY USER CONTENT, SERVICES, INFORMATION, ADVICE PRODUCTS, AND OTHER MATERIALS CONTAINED OR DESCRIBED ON THIS SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT SUCH MATERIALS AND INFORMATION ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THIS SITE, PRODUCTS, AND OTHER MATERIALS AND INFORMATION DESCRIBED OR CONTAINED ON THIS SITE. THE DISCLAIMERS IN THE PREVIOUS SENTENCE APPLY TO, AND ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. THERE IS NO WARRANTY THAT THIS SITE WILL BE UNINTERRUPTED, SECURE, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL ASPECTS. NO ADVICE OR INFORMATION, OBTAINED FROM ACTT BY ANY USER OF THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE TO INDEMNIFY AND HOL.D HARMLESS ACTT,, ITS CONTRACTORS, ITS LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT.

 

Submission of Information:

ACTT welcomes your feedback regarding this Site and/or our products. However, ACTT does not want to receive any confidential, trade secret or proprietary information from you or any business or legal entity you are associated with through this Site, with the exception of your credit card and related billing information. Any opinions you submit via this Site will be deemed NOT to be confidential or proprietary. Anything you submit, with the exception of credit card and related billing information, will be deemed non-confidential and may be used by ACTT or its affiliates for any purpose. Although we ask that you do not send us unsolicited information, ACTT is free to use any ideas, concepts, know-how, inventions or techniques contained in any communication you send to the Site for any purpose, including without limitation developing manufacturing, and marketing products through the use of such information.

 

Intellectual Property:

All intellectual property appearing on the Site, including, but not limited to, all trademarks, service marks, trade names, trade dress, copyrights, images, illustrations, graphics, logos, text and layout and design of this Site is owned or licensed by ACTT. Nothing contained on this Site shall be deemed as granting by implication, estoppel or otherwise, any license or right to any patent, trademark or copyright of ACTT or its licensors, or to use the intellectual property of ACTT displayed on this Site without the express written permission of ACTT.

 

Other Site Links:

ACTT may provide links to other internet sites for your convenience. Access to any other internet site linked to this Site is at the user’s own risk, and ACTT is not responsible for the content, accuracy or reliability of any information, data, opinions, advice or statements made on any such sites. The inclusion of any such sites does not imply any endorsement. You acknowledge that when you click on a link that leaves a ACTT Site, the site you are entering is beyond the control of ACTT. If you decide to access any of the sites linked to this Site you do so entirely at your own risk.

 

Limitation on Liability:

IN NO EVENT SHALL ACTT OR THEIR RESPECTIVE AFFILIATES, OR THE DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SHAREHOLDERS OR ANY OF THEIR RESPECTIVE REPRESENTATIVES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF DATA, SPECIAL, PUNITIVE, BUSINESS INTERRUPTION, FOR LOSS OF PROFITS, REVENUE OR GOODWILL) ARISING OUT OF THE USE OF, ACCESS TO, UNAVAILABILITY OF, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY SERVICES, PRODUCTS, USER CONTENT, REVIEWS, ADVICE, AND OTHER MATERIALS OR INFORMATION DESCRIBED OR CONTAINED IN THIS SITE, OR THE MISUSE OR DISCLOSURE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. ACTT TOTAL MAXIMUM LIABILITY, IN ANY EVENT, SHALL BE LIMITED TO ($100.00), NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

 

Harassment.

Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden, and ACTT prohibits usage of its Site immediately upon such violations occurring, in addition to any other damages or remedies it may seek against you as allowable under applicable law.

 

Hacking or Attempts to Undermine Security.

Any attempts to hack or attempts undermine the security of Site are strictly forbidden and ACTT prohibits usage of its Site immediately upon such attempts occurring, in addition to any other damages or remedies it may seek against you as allowable under applicable law.

 

Applicable Law:

These Terms and Conditions shall be governed by and interpreted according to the laws of the State of New Jersey without regard to any conflict of law provisions. If any portion of these Terms and Conditions is unlawful, void or unenforceable, it shall not affect the validity or enforceability of any other provision.

 

Termination:

ACTT may terminate your access to all or any part of the Site at any time, with our without cause, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by ACTT if you breach this Agreement and fail to cure such breach within seven (7) days from ACTT’s notice to you; provided that, ACTT can terminate the Site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty and liability disclaimers, and indemnity.

 

Force Majeure.

An event of Force Majeure means an event beyond the control of either party, which prevents a Party from complying with any of its obligations under this Agreement, including but not limited to:

1. Act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);

2. War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;

3. Rebellion, revolution, insurrection, or military or usurped power, or civil war;

4. Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;

5. Riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of ACTT or of its Subcontractors; or

6. Acts or threats of terrorism.

 

Consequences of Force Majeure Event.

1. Neither Party shall be considered in breach of this Agreement to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an Event of Force Majeure that arises.

2. The Party (the “Affected Party”) prevented from carrying out its obligations hereunder shall give notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the Affected Party.

3. If and to the extent that the Affected Party is prevented from executing this Agreement by the Event of Force Majeure, this Agreement will become null and void upon notice of termination to the other Party.

4. Any damages or claims arising from an Event of Force Majeure will be determined by applicable law and a Court of Law.

 

Copyright. © ACTT Kitchen & Bath – General Contractor, LLC.  This website, including but not limited to any and all Products, text, content, graphics and photographs are protected by copyrights. You agree to abide by all applicable copyright and other laws as well as any additional copyright notices or restrictions contained in the Products and to notify ACTT in writing promptly upon becoming aware of any unauthorized access or use of the Products by any individual or entity or of any claim that the Products infringe upon any copyright, trademark or other contractual, statutory or common law rights and you agree to cooperate to remedy any infringement upon any copyright, trademark or other contractual, statutory or common law rights.

 

The Products may only be used for purposes within your business but in any case not for resale or other transfer or disposition to or use by or for the benefit of any other person or entity. The Products nor any part of the Products may not be copied, reproduced, recompiled, decompiled, disassembled, distributed, published, displayed, modified, uploaded to, exploited, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, without prior written consent of ACTT, except that you may download material from the website and/or make one print copy for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices. You may not circulate, distribute or publish (any part of the) the Products without ACTT’s prior written consent. The information in the Products may not be used to construct a database of any kind nor may the Products be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or a part of the Products.

 

You may not use any of the trademarks, trade names, service marks, copyrights or logos of ACTT in any manner which creates the impression that such items belong to or are associated with you or your organization or are used with ACTT’s consent, without prior written consent of ACTT.

 

Miscellaneous:

These Terms and Conditions are deemed accepted by you upon your use of this Site, and they constitute the entire Agreement among you and ACTT regarding use of this Site. Any failure by ACTT to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of the enforcement of such right or provision. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force, effect, and be enforceable. The headings in this Agreement are for convenience only and have no legal or contractual effect. These Terms and Conditions include and incorporate by reference the ACTT Site Privacy Statement. Please contact us with any questions regarding this Agreement, at admin@acttkitchenandbath.com.