Terms of Use

 

Introduction

 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

[You must be at least [18] years of age to use this website.  By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.]

 

[This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our SKETCHNBUILD, INC's use of cookies in accordance with the terms of SKETCHNBUILD, INC's [privacy policy / cookies policy].]

 

License to use website

 

Unless otherwise stated, SKETCHNBUILD, INC and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

 

• republish material from this website (including republication on another website);

• sell, rent or sub-license material from the website;

• show any material from the website in public;

• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]

• [edit or otherwise modify any material on the website; or]

• [redistribute material from this website [except for content specifically and expressly made available for redistribution].]

 

[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

 

Acceptable use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without SKETCHNBUILD, INC’S express written consent.

 

[You must not use this website to transmit or send unsolicited commercial communications.]

 

[You must not use this website for any purposes related to marketing without SKETCHNBUILD, INC’S express written consent.] 

 

Restricted access

 

[Access to certain areas of this website is restricted.]  SKETCHNBUILD, INC reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at SKETCHNBUILD, INC’S discretion.

 

If SKETCHNBUILD, INC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

 

[SKETCHNBUILD, INC may disable your user ID and password in SKETCHNBUILD, INC’S sole discretion without notice or explanation.]

 

User content

 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

You grant to SKETCHNBUILD, INC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to SKETCHNBUILD, INC the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or SKETCHNBUILD, INC or a third party (in each case under any applicable law). 

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

SKETCHNBUILD, INC reserves the right to edit or remove any material submitted to this website, or stored on SKETCHNBUILD, INC’S servers, or hosted or published upon this website.

 

[Notwithstanding SKETCHNBUILD, INC’S rights under these terms and conditions in relation to user content, SKETCHNBUILD, INC does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  SKETCHNBUILD, INC makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 

Without prejudice to the generality of the foregoing paragraph, SKETCHNBUILD, INC does not warrant that:

 

• this website will be constantly available, or available at all; or

• the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

 

Limitations of liability

 

SKETCHNBUILD, INC will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

• [to the extent that the website is provided free-of-charge, for any direct loss;]

• for any indirect, special or consequential loss; or

• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if SKETCHNBUILD, INC has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit SKETCHNBUILD, INC’S liability in respect of any:

 

• death or personal injury caused by SKETCHNBUILD, INC’S negligence;

• fraud or fraudulent misrepresentation on the part of SKETCHNBUILD, INC; or

• matter which it would be illegal or unlawful for SKETCHNBUILD, INC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

[You accept that, as a limited liability entity, SKETCHNBUILD, INC has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against SKETCHNBUILD, INC’S officers or employees in respect of any losses you suffer in connection with the website.]

 

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect SKETCHNBUILD, INC’S officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SKETCHNBUILD, INC.

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify SKETCHNBUILD, INC and undertake to keep SKETCHNBUILD, INC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by SKETCHNBUILD, INC to a third party in settlement of a claim or dispute on the advice of SKETCHNBUILD, INC’S legal advisers) incurred or suffered by SKETCHNBUILD, INC arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

 

Breaches of these terms and conditions

 

Without prejudice to SKETCHNBUILD, INC’S other rights under these terms and conditions, if you breach these terms and conditions in any way, SKETCHNBUILD, INC may take such action as SKETCHNBUILD, INC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

 

SKETCHNBUILD, INC may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

 

SKETCHNBUILD, INC may transfer, sub-contract or otherwise deal with SKETCHNBUILD, INC’S rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

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EXCLUSION OF OTHER WARRANTIES. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ANY AND ALL OTHER EXPRESS, STATUTORY OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. NO WARRANTY IS MADE WHICH EXTENDS BEYOND THAT WHICH IS EXPRESSLY CONTAINED HEREIN.

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LIMITATION OF LIABILITY. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY OTHER PARTY FOR ANY INCIDENTIAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DOWN TIME) ARISING FROM OR IN MANNER CONNECTED WITH THE GOODS, ANY BREACH BY SELLER OR ITS AGENTS OF THIS AGREEMENT, OR ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY. BUYER’S REMEDY WITH RESPECT TO ANY CLAIM ARISING UNDER THIS AGREEMENT IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNT PAID BY THE BUYER FOR THE GOODS.

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Force Majuere

Seller shall not be responsible for any delay in the delivery of, or failure to deliver, Goods due to causes beyond Seller’s reasonable control including, without limitation, acts of God, acts of war or terrorism, enemy actions, hostilities, strikes, labor difficulties, embargoes, non-delivery or late delivery of materials, parts and equipment or transportation delays not caused by the fault of Seller, delays caused by civil authorities, governmental regulations or orders, fire, lightening, natural disasters or any other cause beyond Seller's reasonable control. In the event of any such delay, performance will be postponed by such length of time as may be reasonably necessary to compensate for the delay.

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Delivery & Installation 

If Buyer purchases any Goods that require delivery and/or installation, Buyer shall, at its expense, make all arrangements and connections necessary to accept delivery and/or install and operate the Goods. Buyer shall install the Goods in accordance with any Seller instructions and shall indemnify Seller against any and all damages, demands, suits, causes of action, claims and expenses (including actual attorneys’ fees and costs) arising directly or indirectly out of Buyer’s failure to properly receive delivery and/or install the Goods.

 

Work By Others

Safety Devices. Unless agreed to in writing by Seller, Seller has no responsibility for labor or work performed by Buyer or others, of any nature, relating to design, manufacture, fabrication, use, installation or provision of Goods. Buyer is solely responsible for furnishing, and requiring its employees and customers to use all safety devices, guards and safe operating procedures required by law and/or as set forth in manuals and instruction sheets furnished by Seller. Buyer is responsible for consulting all operator’s manuals, ANSI or comparable safety standards, OSHA regulations and other sources of safety standards and regulations applicable to the use and operation of the Goods.

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Remedies 

Each of the rights and remedies of Seller under this Agreement is cumulative and in addition to any other or further remedies provided under this Agreement or at law or equity.

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Attorney’s Fees 

In the event legal action is necessary to recover monies due from Buyer or to enforce any provision of this Agreement, Buyer shall be liable to Seller for all costs and expenses associated therewith, including Seller’s actual attorneys' fees and costs.

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Entire agreement

 

These terms and conditions [, together with [DOCUMENTS],] constitute the entire agreement between you and SKETCHNBUILD, INC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

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Pricing Disclaimer

Prices and product availability are subject to change without notice.  ... However, if you have ordered but not yet paid for a product, we guarantee the price for 30 days from when the order was placed.

 

Law and jurisdiction

 

This Agreement shall be construed and governed under the laws of the State of New York, without application of conflict of law principles. Each party agrees that all actions or proceedings arising out of or in connection with this Agreement shall be commenced, tried, and litigated only in the state courts sitting in Dutchess County, New York. Each party waives any right it may have to assert the doctrine of “forum non conveniens” or to object to venue to the extent that any proceeding is brought in accordance with this section. Each party consents to and waives any objection to the exercise of personal jurisdiction over it by courts described in this section.

EACH PARTY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE RIGHT TO A TRIAL BY JURY.

 

SKETCHNBUILD, INC makes every effort to ensure that our posted specifications, images, pricing and product availability are as correct and timely as possible. We apologize for any discrepancies that may occur. SKETCHNBUILD, INC reserves the right to make any and all changes deemed necessary in the course of business including but not limited to pricing, product specifications, quantities, product availability and shipping timelines.

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For Customer Service & Technical Support: Please contact one of our knowledgeable team members at: (800) 975-0597 or e-mail us at info@sketchnbuild.com