Deck Barn” refers to the service(s) provided subject to these Terms and
Conditions of Use (“Terms”) and/or its parent company, The Deck Barn, Inc.
The Deck Barn is dedicated to providing User/Customer with a unique combination
of products and services.
following words used in these Terms shall have the following meanings:
Information" shall mean all data and/or information provided
by and about User/Customer.
2. "The Deck Barn
web site" shall mean all web sites on which The Deck Barn
provides products, information and/or services.
3. " User/Customer
" shall mean all Users/Customers of The Deck Barn web
Information and Services" shall mean all products, information and/or
services provided by The Deck Barn, its advertisers or 3rd party
Information" shall mean the Personal Information you are required to
give to The Deck Barn in the registration process, in order to access
our products, information and services.
shall mean the The Deck Barn web site page(s) where the Personal
Information that User/Customer has provided is displayed, in compliance with
User/Customer’s consent and agreement.
visiting or logging in as a User/Customer of The Deck Barn, you fully accept
B. The Deck
Barn may operate, either now or in the future, sub-domains and aliases of these
domains, in order to provide additional new and exciting services, information
and/or products. All web sites on which The Deck Barn provides products,
information and/or services are hereinafter referred to as the “The Deck Barn
C. These Terms
shall govern the relationship between you and The Deck Barn, irrespective of
which web site you are registered with or logged into, either now formed, or
created in the future.
User/Customer understands and agrees to enter into these Terms on the
use of The Deck Barn web sites with The Deck Barn. Additional contact
information, commercial registry data, as well as other information about The
Deck Barn, can be found under “About This Site” located elsewhere on this web
User/Customer can access these Terms, by clicking on the “Terms and
Conditions of Use” link that appears on The Deck Barn web site “Home” page,
and by reading it on their computer monitor, printing it out, downloading it
and/or saving it at any time, even after the Terms have been closed.
II. Products, Information
about the full range of products, information and/or services available for
Users/Customers are set forth on The Deck Barn web site.
B. Any use
of the products, information and/or services, and content offered on The Deck
Barn web site beyond the scope of options provided by The Deck Barn, requires
prior written consent.
User/Customer acknowledges and agrees that it is virtually impossible to
achieve continuous, uninterrupted availability of The Deck Barn, or any other,
web site. The Deck Barn shall nonetheless endeavor to keep The Deck Barn web site
available without interruption. Events related to maintenance, security or
capacity requirements, and/or events beyond The Deck Barn's control (e.g.
disruptions in communication networks, power failures, equipment failure,
etc.), may result in brief disruption or temporary interruption of the services
provided on The Deck Barn web site.
D. In the
event that User/Customer has a disagreement with The Deck Barn advertisers or
partners or 3rd-party partners or affiliates, The Deck Barn may, but
is not obligated to, act as intermediary in those cases and shall not be liable
for any breach of such agreements entered into by User/Customer.
offers or agreements between The Deck Barn’s Users/Customers and The Deck
Barn’s advertisers, 3rd-party vendors or affiliates, will be
governed by such advertisers’, 3rd-party partners’ or affiliates’
their respective companies that carry out the complete transaction themselves
and are a party to an agreement with and serve as the contact for The Deck Barn
User/Customer with whom they serve.
User/Customer must register prior to purchasing any of the products,
information and/or services on The Deck Barn web site.
B. User/Customer warrants and represents that all of the
data provided by the User/Customer for registration is accurate and complete.
The User/Customer shall report any changes in the registration data to The Deck
Barn immediately upon such changes.
User/Customer shall not use pseudonyms or fictitious names in their
registration or profile, except as may be specifically allowed by these Terms.
D. User/Customer shall choose a password upon
registration. User/Customer is solely responsible for keeping this password
secret and shall not give it out to anyone who may then use it to access the
User/Customer account. The Deck Barn shall not disclose the password to any
3rd-party and The Deck Barn shall not ask for the User/Customer password at any
completing the registration process, the User/Customer agrees with all Terms
herein. The Deck Barn accepts the User/Customer registration by activating the
User/Customer account for the use of services on The Deck Barn web site.
A. User/Customer agrees to adhere to the following
1. To provide only true and
non-misleading information in the User/Customer account profile and in all
communications with The Deck Barn;
2. To comply with all laws,
ordinances, statutes and applicable legislation and to respect all 3rd-party
rights. In particular, User/Customer shall not:
Use or post any insulting or defamatory words, music, symbols, photographs or
other similar content, regardless of whether said contents are directed at The
Deck Barn personnel or other companies or individuals;
b. Use or post,
without authorization, any content protected by law (e.g. copyright, trademark,
patent, utility patent, design patent or other intellectual property (IP)
laws), or advertise, promote, offer or distribute any goods or services
protected by law;
c. To refrain from
engaging in any of the following annoying actions, even if they do not
constitute a breach of any applicable laws or ordinances:
Sending chain letters;
Performing, posting, advertising and promoting any form of illegal structural
distribution measures (such as illegal multi-level marketing or illegal
multi-level network marketing); or
Communicating in any insinuating, discriminatory or sexually abusive way
(suggestive, implicit or explicit).
You may not provide, post or otherwise distribute, User/Customer content that:
a. violates any right of The Deck
Barn or any 3rd-party;
violates or encourages the violation of any municipal, state, provincial,
federal or international law, rule, regulation or ordinance;
c. interferes with any User/Customer’s uninterrupted use of The Deck Barn;
d. uploads or transmits viruses or other harmful, disruptive or destructive
files, material or code;
e. disrupts, interferes with, or otherwise harms or violates the security of
The Deck Barn or any services, system resources, accounts, passwords, servers
or networks connected to or accessible through The Deck Barn web site;
WARNING: ANY VIOLATION OF THESE TERMS THAT INVOLVES CRIMINAL CONDUCT OF
ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED
BY THE DECK BARN.
4. User/Customer is
further prohibited from the following activities:
a. Employing any
mechanisms, software or scripts when using The Deck Barn web site;
Blocking, overwriting, modifying and copying of any contents of The Deck Barn
web site, unless said actions are necessary for the proper use of the services
on The Deck Barn web site. For example, the use of the "Robot/Crawler"
search engine technology is not required for proper use of the services and is
Distributing or publicly disclosing the contents of the web site of The Deck
Barn, without written permission; or
Performing any actions that may impair the operability of The Deck Barn's
infrastructure, particularly actions that may overload said infrastructure,
servers, bandwidth or other equipment or software.
Barn, in its sole discretion and without prior notice, reserves the right to
modify the products, information and/or services offered on The Deck Barn web
site and/or to offer products, information and/or services different from those
offered at the time of the User/Customer registration.
User/Customer/Customer may terminate an account at any time. User/Customer
shall deliver notice of termination using the Customer Service email address at
support@TheDeckBarn.com . The termination
notice shall include the User/Customer registered name and email address used
at the time of registration or thereafter updated.
B. In the event of a valid cancellation, The Deck Barn will remove all account information from The
Deck Barn web site and database.
C. Once a
User/Customer account is cancelled, they must re-register in order to use The
Deck Barn web site.
D. The Deck
Barn may, without cause and in its sole discretion, terminate the account or
decline any order of User/Customer for any reason deemed appropriate by The
General Disclaimers and Limitations of Liability
While The Deck Barn uses reasonable efforts to include accurate and up-to-date
information, The Deck Barn specifically disclaims any and all responsibility or
liability for the accuracy, content, completeness, legality, reliability, or
operability or availability of information or material, including prices and
description, displayed in any and all The Deck Barn web sites. The Deck Barn
disclaims any responsibility or liability for the deletion, failure to store,
non-delivery, or untimely delivery of any information or material. The Deck
Barn disclaims any responsibility or liability for any harm resulting from its
products, services or information, downloading, accessing or relying on any
information or material provided through The Deck Barn web site.
B. THE DECK BARN WEB SITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND
SERVICES INCLUDED IN THE DECK BARN WEB SITE, ARE PROVIDED "AS IS,"
WITH NO WARRANTIES, EXPRESSED OR IMPLIED. THE DECK BARN EXPRESSLY DISCLAIMS, TO
THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
THE DECK BARN DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY,
TIMELINESS AND PERFORMANCE OF THE DECK BARN WEB SITE. THE DECK BARN DISCLAIMS
ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE DECK BARN WEB
SITE. THE DECK BARN DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED
THROUGH, OR ADVERTISED ON, THE DECK BARN WEB SITE OR RECEIVED THROUGH ANY LINKS
PROVIDED BY THE DECK BARN WEB SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE
RECEIVED THROUGH ANY 3rd–PARTY LINKS OR ANY USER/CUSTOMER
CONTRIBUTIONS PROVIDED IN THE DECK BARN WEB SITE.
USER/CUSTOMER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN
MATERIAL OR DATA THROUGH THE USE OF THE DECK BARN WEB SITE AT THEIR OWN
DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO
THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL OR DATA.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY
FROM JURISDICTION TO JURISDICTION.
THE DECK BARN IS NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USER/CUSTOMER,
3rd-PARTIES, ACTIONS OF ANY THIRD PARTY OR FOR ANY DAMAGE TO, OR
VIRUS THAT MAY INFECT, USER/CUSTOMER COMPUTER EQUIPMENT OR OTHER PROPERTY.
F. UNDER NO CIRCUMSTANCES SHALL THE DECK BARN BE LIABLE TO ANY USER/CUSTOMER
ON ACCOUNT OF THAT USER/CUSTOMER'S USE OR MISUSE OF, OR RELIANCE ON, THE DECK
BARN WEB SITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT
MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE
DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EVEN IF THE DECK BARN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER
THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE DECK BARN WEB
SITE, FROM INABILITY TO USE THE DECK BARN WEB SITE OR FROM THE INTERRUPTION,
SUSPENSION OR TERMINATION OF THE DECK BARN WEB SITE (INCLUDING SUCH DAMAGES
INCURRED BY 3rd-PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE DECK BARN WEB SITE OR RECEIVED THROUGH ANY 3rd–PARTY
LINKS PROVIDED IN THE DECK BARN WEB SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DECK BARN WEB SITE
OR RECEIVED THROUGH ANY 3rd–PARTY LINKS PROVIDED IN THE DECK BARN
WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. SUCH
LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE DECK BARN WEB SITE OR ANY INFORMATION OR MERCHANDISE
THAT APPEARS ON OR IS LINKED OR RELATED IN ANY WAY TO, THE DECK BARN WEB SITE.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
G. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU. PLEASE CHECK WITH YOUR JURISDICTION.
H. The Deck
Barn does not make any warranties or representations regarding any data,
content and/or information provided or made available by any User/Customer on
The Deck Barn web site or on any external web sites linked to them. In
particular, The Deck Barn does not warrant or represent that said data, content
and/or information is true or accurate, or that it fulfills or serves any
limiting the foregoing, under no circumstances shall The Deck Barn be held
liable for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable control,
including, without limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures, electrical
power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, floods, storms, explosions,
acts of God, war, governmental actions, orders of domestic or foreign courts or
tribunals, non-performance of third parties, or loss of or fluctuations in
heat, light, or air conditioning.
agrees to indemnify, defend and hold harmless The Deck Barn, its web site and
each of its respective advertisers, parents, 3rd–party partners,
suppliers, licensors, officers, directors, shareholders, employees,
representatives, contractors and agents and sub-licensees, from any and all claims
(including but not limited to claims for defamation, trade disparagement,
privacy and intellectual property infringement) and damages (including
attorneys' fees and court costs) arising from or relating to any allegation
User/Customer use of The Deck Barn web site;
2. The Deck Barn's use of any User/Customer
content or information you provide, as long as such use is not inconsistent
with these Terms;
3. information, content, products or material
provided through User/Customer IP address, even if not posted by User/Customer;
4. any violation of these Terms by
The Deck Barn recognizes that any data provided by User/Customer to The Deck
Barn is extremely important and The Deck Barn shall therefore be particularly
sensitive in handling such data.
User/Customer is advised that there are inherent security risks in transmitting
data, such as emails, credit card or personal information via the Internet
because it is impossible to safeguard completely against unauthorized access by
third parties. Nevertheless, The Deck Barn shall do what is reasonable to
safeguard your data, subject to this cautionary limitation.
In particular, personal information will be transmitted via the internet only
if it does not infringe upon 3rd-party rights, unless the respective
party has given prior consent in view of such security risks. Further, when
sensitive personal information is transmitted, The Deck Barn will encrypt it
using Secure Socket Layer technology (SSL).
Accordingly, The Deck Barn shall not be held liable for any damages incurred as
a consequence of such security risks or for any related acts of omission on our
BARN WEB SITE.
E. The Deck Barn opposes the use of available contact information by a 3rd-party
for sending unsolicited advertisements (SPAM).
F. The Deck
Barn reserves the express right to take legal action against unsolicited
mailing or emailing of SPAM and other similar unsolicited advertising
materials. The Deck Barn will report all violators to their respective Internet
Service Providers (ISP) as well as the appropriate legal authority.
Right to Content Use
User/Customer provides content or contributions to The Deck Barn web site
User/Customer grants The Deck Barn a limited, revocable, nonexclusive and
non-assignable right of use for the respective content or contribution which
The Deck Barn is entitled to utilize for any purpose allowed by these Terms.
In particular, The Deck Barn is entitled to use said content or contribution
posted by User/Customer, for marketing or in any other way allowed. The Deck
Barn may use User/Customer content or contributions in any form, format, or
medium of any kind now known or later developed.
User/Customer grants The Deck Barn a license, as stated above, The Deck Barn
DOES NOT OWN SUCH CONTENT. This license grants The Deck Barn certain rights and
also proscribes limitations of what The Deck Barn may do and not do with the
content, more fully described as follows: The Deck Barn
- May not sell or give
away your content as permanent downloads or physical copies, alone or in a
continue exercising the license after you provide us with a request for
termination, as described below;
use or license another party to use your content outside of The Deck Barn
- May let other
parties exercise these rights on The Deck Barn web site, which permits the
license to become sublicensed;
- May exercise these
rights without paying you any remuneration, royalties or other fees,
- May exercise these
rights throughout the The Deck Barn web site worldwide;
grant similar licenses to others;
- User/Customer may terminate the
license at any time by following the steps described below:
B. The Deck
Barn grants a right of use over all posted content or contributions to The Deck
Barn web site to all Users/Customers. Duplication or the use of these
contributions or their contents by User/Customer or 3rd-parties in
other electronic or printed publications is prohibited. Copying, downloading,
disseminating, distributing and storing of the contents of The Deck Barn web
site is, with the exception of the cache memory when searching for The Deck
Barn web pages, prohibited without The Deck Barn’s express consent.
C. User/Customer may use The Deck Barn web
site content only and solely for personal, non-commercial use, and may download
or print a single copy of any portion of said content solely for personal,
non-commercial use, provided User/Customer does not remove any trademark,
copyright or other notice from such Content.
User/Customer may not post, distribute or republish in any way, any portion of
The Deck Barn web site content to any Internet, Intranet or Extranet web site
or incorporate said content in any database, compilation, archive or cache,
except as expressly allowed in these Terms.
User/Customer may not distribute any The Deck Barn web site content to others,
whether or not for payment or other consideration and may not archive, modify,
copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise
use any portion of said content except as expressly allowed in these Terms.
User/Customer may not copy The Deck Barn web site content without permission
from The Deck Barn. User/Customer agrees not to decompile, reverse engineer or
disassemble any software or other products or processes accessible through The
Deck Barn web site. User/Customer may not insert any code or product or
manipulate the content of The Deck Barn web site in any way that affects the
User/Customer experience, and further, may not use any data mining, data
gathering or extraction method on The Deck Barn web site.
G. Requests to use The Deck Barn content for any purpose other than as
permitted in these Terms shall be directed to the Customer Service email
address at support@TheDeckBarn.com .
User/Customer grants to The Deck Barn the right to use any material,
information, ideas, concepts, know-how or techniques contained in any
communication User/Customer provides or otherwise submits for any purpose
whatsoever, including but not limited to, commercial purposes and developing,
manufacturing and marketing commercial products using such information. All
rights in this paragraph are granted without the need for additional
compensation of any type to User/Customer.
I. Without limiting the generality of the
previous paragraphs, User/Customer authorizes The Deck Barn to share
User/Customer provided content across all web sites, to include User/Customer
content in a searchable format accessible by other Users/Customers of The Deck
Barn web site, now in use or later developed, to place advertisements in close
proximity to such User/Customer content and to use User/Customer name, likeness
and any other information in connection with The Deck Barn’s use of the
material User/Customer provides.
Prohibited uses do not include any use that The Deck Barn expressly authorizes
Errors in Advertisements
On occasion, a product or service offered by
advertisers and/or 3rd-parties on The Deck Barn web site may not be
available at the time or at the price as it appears in an advertisement. In
such an event, or in the event a product is listed at an incorrect price or
with incorrect information due to typographical error, technology effort, error
in the date or length of availability or error in pricing or product
information received from 3rd-party advertisers or suppliers, you
agree The Deck Barn is not responsible for such errors or discrepancies and
that User/Customer’s only course of action is to contact the appropriate 3rd–party
XIV. Additional Terms
A. These Terms
and any modifications thereto must be in writing to be valid. No secondary
agreements exist between The Deck Barn and User/Customer.
B. The Deck
Barn reserves the right to modify these Terms at any time, without
providing reasons and without notice to User/Customer. User/Customer is urged
to check these Terms frequently in order to determine if they have been
modified in any way. If these Terms have been modified and User/Customer
continues to access and use The Deck Barn web site, the modified Terms
shall be deemed to be accepted by User/Customer.
otherwise stated in these Terms, User/Customer may submit all notices to
The Deck Barn using the following Customer Service email address at support@TheDeckBarn.com
D. The Deck
Barn may send notices to the User/Customer by email to the address(es) given in
the User/Customer registration or updated contact data in a User/Customer
E. If any
provision of these Terms is, for any reason, invalid and/or
unenforceable, as determined in an appropriate Court of proper jurisdiction,
the remaining provisions shall continue to be valid and enforceable to the
fullest extent permitted by law. The parties agree to replace an invalid and/or
unenforceable provision with a valid and/or enforceable provision that most
closely approximates the intent and economic effect of the invalid and/or
unenforceable provision and shall be interpreted most favorably, when possible,
to the benefit of The Deck Barn.
F. The place
of performance and jurisdiction under these Terms shall be main place of
business of The Deck Barn, which is the State of Michigan.
G. These Terms
and the contractual relationships thereto shall be governed by the laws of the
State of Michigan.
Discontinuation of Service
The Deck Barn may modify, suspend, discontinue or restrict the use of any
portion of The Deck Barn web site, including the availability of any portion of
it, at any time, without notice or liability.
B. The Deck
Barn may deny access to any User/Customer at any time for any reason. In
addition, The Deck Barn may, at any time, transfer rights and obligations under
these Terms to any current or future The Deck Barn subsidiary or
business unit, or any companies or divisions, or any entity that acquires The
Deck Barn or any of its assets.
by User/Customer regarding these Terms or The Deck Barn’ services can be
emailed to The Deck Barn at support@TheDeckBarn.com .
Statute of Limitations
agrees to file any claim regarding any aspect of this web site or these Terms
within six (6) months of the time in which the events giving rise to such claim
began or User/Customer agrees to waive such claim. User/Customer also agrees no
claim subject to these Terms may be brought as a class action.
titles used in these Terms are purely for convenience and carry with
them no legal or contractual effect.
XVIII. Effective Date
THESE TERMS AND CONDITIONS OF USE WERE LAST UPDATED AND BECAME
EFFECTIVE ON JULY 7, 2009.