1. Using Designer Cabinetry
a. Who can use DESIGNER CABINETRY
To access or use Designer Cabinetry, you must have the requisite power and authority to enter into these Terms. You may not access or use Designer Cabinetry if you are a competitor of ours or if we have previously banned you from Designer Cabinetry or closed your account. We grant you permission to use Designer Cabinetry subject to the restrictions in these Terms. Your use of Designer Cabinetry is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. When you create your Designer Cabinetry account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
b. Our license to you
Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
2. Your Content
a. Posting Content
Designer Cabinetry allows you to post content, including photos, reviews, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Designer Cabinetry. You agree that your User Content will be publicly available for viewing by third parties including the other Users on a non-confidential basis, that your User Content may be associated with your Designer Cabinetry username, password or other such identifiers and that accordingly your User Content will be attributable to you, that third parties and Customers will gain access to your User Content through the Services, and Designer Cabinetry shall in no event be liable to you for any use or misuse of your User Content by any third party or Customer.
b. How Designer Cabinetry can use your Content
You grant Designer Cabinetry a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on Designer Cabinetry solely for the purposes of operating, developing, providing, and using the Designer Cabinetry Products. Please note that you also irrevocably grant the users of Designer Cabinetry the right to access Your Content in connection with their use of Designer Cabinetry. Nothing in these Terms shall restrict other legal rights Designer Cabinetry may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from Designer Cabinetry, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Designer Cabinetry and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Designer Cabinetry.
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Designer Cabinetry better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Designer Cabinetry does not waive any rights to use similar or related Feedback previously known to Designer Cabinetry, or developed by its employees, or obtained from sources other than you.
3. Copyright Policy
Designer Cabinetry has adopted and implemented the Designer Cabinetry Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
We care about the security of our users. While we work to protect the security of your content and account, Designer Cabinetry cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
5.Third-Party Links, Sites, and Services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Designer Cabinetry. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Designer Cabinetry, you do so at your own risk and you agree that Designer Cabinetry will have no liability arising from your use of or access to any third-party website, service, or content.
Designer Cabinetry may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
DESIGNER CABINETRY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Designer Cabinetry takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESIGNER CABINETRY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL DESIGNER CABINETRY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with Designer Cabinetry, you agree to first contact us and attempt to resolve the dispute with us informally. If Designer Cabinetry has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Designer Cabinetry agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Designer Cabinetry will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DESIGNER CABINETRY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
10. General Terms
Notification Procedures and changes to these Terms. Designer Cabinetry reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Designer Cabinetry without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Designer Cabinetry's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.