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TERMS OF USE and ACCOUNT AGREEMENT


PLEASE READ THESE TERMS OF USE  AND THE ACCOUNT AGREEMENT SET FORTH BELOW CAREFULLY.

TERMS OF USE:

By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

Effective Date: February 16, 2007

We will provide you with a listing of any material changes to this Agreement and their effective dates.

1. Parties. The parties to this Agreement are you, a visitor to this web site (“You”) and the owner and the operator of this deckdepot.com web site, Deck Depot, LLC, a Georgia Limited Liability Company ("e;Deck Depot"e;). All references to "e;we"e;, "e;us"e;, "e;this web site"e; or "e;this site"e; shall be construed to mean Deck Depot.

2. Modification of Agreement. We reserve the right to modify this Agreement at any time, and without prior notice, by posting an amended Agreement that is always accessible through the "e;Terms of Use"e; link on this site's home page. Your continued use of this site indicates your acceptance of the amended Agreement. You should check this Terms of Use Agreement (“Agreement”) through this link periodically for modifications by clicking on the link provided near the top of the Agreement for a listing of material changes and their effective dates.

3. License. Deck Depot grants You a limited non-exclusive, non-transferable, and revocable license to access and use the public areas of this site, only for your personal use and not for purposes of resale or commercial use of this site or its contents;  provided, however, that you do not modify this site, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these Terms of Use. Unauthorized use of this site or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

4. Restrictions. Except as expressly authorized herein, you may not copy, modify, distribute, download, display, transfer, post, or transmit this site or its content in any form without Deck Depot's prior written permission.

5. Prohibited Activities. The following activities are also expressly prohibited without Deck Depot's prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy this site or any of its content; "e;mirroring"e; this site or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on this site or otherwise interferes with its functioning.

6. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this web site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the [----Policies----] link on this site’s home page.

7. USA Patriot Act Notice. The U.S. federal USA Patriot Act ("e;USA Patriot Act"e;) provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.

8. Separate Agreements. You may acquire products, services and/or content from this site, and your purchase and use of such products, services and/or content will be governed by these Terms of Use, Policies, and by any separate written agreement signed by the parties and/or the separate Account Agreement originating from this site.

9. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of this site is owned by Deck Depot or others. Except for the limited rights granted above, all other rights are reserved. All trademarks are the property of their respective owners.

10. Accuracy of Information and Disclaimer of Warranty. Deck Depot has made every effort to present the content on this site accurately, but additions, deletions and changes may occur. Products, services, and/or content on this site is provided “as is”, and neither Deck Depot nor its representatives make any representation or warranty with respect to such products, services, and/or content. DECK DEPOT AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. 

11. Limitation of Liability. Under no circumstances will Deck Depot or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this site or its services, information or content, even if they have been advised of the possibility of such damages. You access and use this site at your own risk.

12. Links to This Site. Deck Depot grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray Deck Depot or its products or services in a false, misleading, derogatory, or offensive matter. You may not use the Deck Depot logo, Deck Depot trademark, or Deck Depot’s name or trademarks, or other proprietary graphic in the link without the prior written permission of Deck Depot.

13. Links to Third Party Web Sites. Deck Depot does not review or control third party Web sites that link to or from this site, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party site is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.

14. Participation In Promotions Of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site ("e;Advertisers"e;). Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each Advertiser.

15. Consumer Rights Information; California Civil Code Section 1789.3. Pricing information is posted as part of the ordering page(s) for this site. Deck Depot maintains specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to Deck Depot's agent for notice at the following address: Notification of Consumer Rights Complaint or Pricing Inquiry: Deck Depot, LLC, P.O. Box 17559, Atlanta, GA, 30316.Contact: support@deckdepot.com; Telephone 1-877-deckdepot; Facsimile: 404-521-0583.You may contact Deck Depot with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

16. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Atlanta, Georgia, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Georgia, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, whether through class arbitration or otherwise. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.  Should either party file an action contrary to this provision the other party may recover attorney's fees and costs up to $5,000.00.

17. Jurisdiction and Venue. The courts of DeKalb County in the State of Georgia, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.

18. Controlling Law. This Agreement shall be construed under the laws of the State of Georgia, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

19. Intended For Use Only In The United States. This site is controlled and operated by Deck Depot from its offices within the United States. Deck Depot does not represent that this site is appropriate or available for use elsewhere; access to this site from locations where its contents are illegal is not authorized. No sales of goods shall be made outside the United States. If you access this site from outside the United States, you do so on your own initiative and at your own risk.

20. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

21. Privacy. Please review this site's  privacy policy [----Policies----] which also governs your visit to this site.

ACCOUNT AGREEMENT

Please carefully read the Deck Depot Account Agreement below. By ordering a product on this site you are accepting the terms of this Agreement.

DECK DEPOT, LLC ("e;DECK DEPOT"e;) IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT TO USE THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE "e;YOU"e; OR "e;YOUR"e; SHALL REFER TO YOUR ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, THEN DECK DEPOT IS UNWILLING TO GRANT YOU RIGHTS TO USE AND ESTABLISH AND USE AN ACCOUNT WITH THIS SITE.

Effective Date: February 16, 2007.

We will advise you a listing of any material changes to this Agreement and their effective dates.

1. Parties. The parties to this Agreement are you, and the owner and operator of this deckdepot.com web site, Deck Depot, LLC ("e;Deck Depot"e;). If you are not acting on behalf of yourself as an individual, then "e;you"e; means your company or organization. All references to "e;us"e;, "e;this web site"e; or "e;this site"e; shall be construed to mean Deck Depot.

2. Account Eligibility. Accounts and orders for goods are not available to minors under the age of 18 years of age. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your Deck Depot account to another party.

3. Use of Site. Your use of this site and your account is subject to this Agreement, the [---Terms of Use---], and [--- Policies---]. Please review these agreements. Deck Depot may refuse service without prior notice to any user for any or no reason.

4. Your Account. You are responsible for maintaining the confidentiality of your login, password, and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Deck Depot of any unauthorized use of your password or account or any other breach of security. Deck Depot cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

5. Termination. You agree that Deck Depot may, with or without cause, immediately terminate your Deck Depot account and access to the account services without prior notice. Deck Depot has the right to refuse service or cancel orders at its sole discretion at any time.  Without limiting the foregoing, the following will lead to a termination by Deck Depot of your account: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your account includes (a) removal of access to all offerings available to account holders, (b) deletion of your password and all related information, files and content associated with or inside your account, and (c) barring further use of the account. Further, you agree that all terminations shall be made in Deck Depot’s sole discretion and that Deck Depot shall not be liable to you or any third-party for any termination of your account or access to account services.

6. Purchase of Goods. Deck Depot agrees to sell, and you agree to purchase, goods from this site, subject to the terms and conditions hereof. Orders are not binding upon Deck Depot until accepted by Deck Depot and shipped. Deck Depot reserves the right to cancel orders at any time. Other than as specifically provided in any separate formal purchase agreement executed by You and Deck Depot, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for goods which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Deck Depot.

7. Shipment Limitation. Deck Depot will accept orders for shipment only to your location in the 50 United States or the District of Columbia. No shipments will be made outside the United States or to a P.O. Box address. All shipping charges are subject to change prior to shipping. Any delivery dates for shipping are estimates based on the prevailing conditions as of the date given and are subject to change at any time by Deck Depot.

8. Resale Prohibition. Goods are available for purchase only for your own personal use or to give as a gift; resale of goods purchased from this site is prohibited. This resale prohibition is a material condition to your rights under this Agreement, and it is agreed that any direct or indirect distribution, transshipment and/or sale of items purchased from this site, or others purchasing through you, will be a material breach of this Agreement, and will result in irreparable harm to Deck Depot for which money damages will not be adequate. In the event of such breach, the parties agree that Deck Depot, in addition to any other remedies it may have at law and/or in equity, will be entitled to injunctive relief to prevent any threatened or continued breach and to specifically enforce this provision.

9. Price Quotes; Pricing. Any price quotations provided on this site shall be valid for the period stated. If no time period is stated, then the price charged for an order will be the price in effect the day Deck Depot accepts the order. Item prices shall be identified on the on-line order form at the time of your order placement. Deck Depot may change item prices at any time without notice. Prices do not include charges for shipping and handling, and applicable taxes. In the event a product is mistakenly listed at an incorrect price, Deck Depot has the right to cancel the order or refuse to place an order. If the order has been confirmed and your credit card charged, Deck Depot will issue a credit to your credit card account in the amount charged.

10. Shipping And Handling Charges; Taxes. Separate charges for shipping and handling will be shown on our e-mail order confirmation. You will be responsible for sales and all other taxes associated with your order. All Georgia residents and orders to be shipped to Georgia will be responsible for sales tax of 8%.  If applicable, a separate charge for taxes will be shown on our e-mail order confirmation. Deck Depot reserves the right to change shipping carriers at any time

11. Payment Terms. Payment must be made in a manner approved by this site and received by Deck Depot prior to Deck Depot's acceptance of an order.

12. Ownership; Risk of Loss. Title to goods purchased at this site under this Agreement passes from Deck Depot to you on shipment from Deck Depot's facility. All products are checked for completeness and condition prior to being shipped. Loss or damage that occurs during shipping by a carrier is your responsibility and it is recommended by Deck Depot that you obtain insurance coverage on goods that are subject to being damaged.

13. Return/Refund Policy. Goods purchased from this site may be returned in accordance with our return/refund policy in effect on the date of our acceptance of your order. You may review our return/refund policy at [----Policies----] located on the home page.

14. Accuracy of Information and Disclaimer of Warranty. Deck Depot has made every effort to present the content on this site accurately, but additions, deletions and changes may occur. Goods, services, and/or content on this site is provided “AS-IS”, and neither Deck Depot nor its representatives make any representation or warranty with respect to such products, services, and/or content. DECK DEPOT AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. Some states do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you.

15. Limitation of Liability. Under no circumstances will Deck Depot or its affiliates have any liability with respect to any claims or damages (whether indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this site or its services, information, or content, even if they have been advised of the possibility of such damages. Direct damages are limited to the purchase price of the goods ordered and fully paid from this site.

16. Intended For Use Only In The United States. This site is controlled and operated by Deck Depot from its offices within the United States. Deck Depot does not represent that this site is appropriate or available for use elsewhere; access to this site from locations where its contents are illegal is not authorized. If you access this site from outside the United States, you do so on your own initiative and at your own risk.

17. Registration Data. Registration is required for you to establish an account at this site. You agree (i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form ("e;Registration Data"e;), and (ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in its sole discretion, to suspend or terminate rights to use your account. Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised.

18. Monitoring. We reserve the right to monitor your access and use of this web site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible by clicking on [----Policies----] on this site’s home page.

19. Account Questions/Notifications. Deck Depot maintains specific contact information including an e-mail address for questions and comments regarding your account with this site. All correspondence and email should be addressed as follows:Notification of Questions/Comments Regarding Your Account: Deck Depot, LLC, P.O. Box 17559, Atlanta, GA, 30316. Contact: support@deckdepot.com ; Telephone: 1-877-deckdepot; Facsimile: 404-521-0583.

20. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Atlanta, Georgia, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Georgia, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, whether through class arbitration or otherwise. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $5,000.00.

21. Jurisdiction And Venue. The courts of Dekalb County in the State of Georgia, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.

22. Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be. All policies and legal agreements on this site may be changed at any time by Deck Depot.

23. Force Majeure. Neither party shall be liable for damages for any delay or failure of delivery arising out of  Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures. 

24. Miscellaneous. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the State of Georgia, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language. Deck Depot may assign its rights or duties under this Agreement to any party at any time without notice to You. This Agreement may not be assigned by You. This Agreement shall be binding on your heirs and successors.  This Agreement are intended to be and are for the sole benefit and exclusive benefit of Deck Depot and You. Deck Depot's failure  to insist or enforce strict performance of any provision of  this Agreement including the terms of use and other policies shall not be construed as a waiver of any provision or right. We may deliver notice to You by email, or a general notice on the site, or by any other method to the address You provided to us.

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