1. These Terms of Use are between you ("You" or "Your") and Home & Leisure, Inc. dba Structureworks and consist of the most recent versions of the terms and conditions of the Terms of Use, and any other Structureworks applicable policies and guidelines (all together, the "Terms") governing the use of the Structureworks web site. Any person or entity acting on Your behalf shall also be bound by these Terms and You agree to be responsible for such person's or entity's actions.
2. Structureworks reserves the right, in its sole discretion, to change, modify, add, or remove all or part of these Terms, including but not limited to, any term, policy, or guideline, at any time without notice or acceptance by You. Regardless of whether Structureworks has provided You notice, Your continued use of the Structureworks web site following Structureworks's notice or posting of changed Terms will constitute Your acceptance of such changes. It is Your responsibility to check regularly for changes to the Terms.
3. By continuing to use this web site, You agree to be bound by and accept these Terms, and agree to provide true, accurate, current and complete information in any response that You provide to Structureworks. You agree to maintain and update Your Information to keep it true, accurate, current, and complete. If You are dissatisfied with the Structureworks web site, or any of the Terms, guidelines, policies, practices of Structureworks, or if any future changes are unacceptable to You, Your sole remedy is to discontinue use of the Structureworks web site.
4. All information, content and material ("Content") made available by Structureworks through this web site is owned by or licensed to Structureworks. Structureworks and its licensor's retain all rights in this Content. All Content, including but not limited to the Site design, text, drawings, photographs, graphics, sound recordings and video recordings are protected by copyrights owned by Structureworks or its licensor's. The Content and any and all such copyrighted material may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of the respective copyright owner. You may not, for commercial purposes, publish, transmit reproduce or distribute any Content, except as expressly permitted by Structureworks, or the provider of such information or other material. You expressly agree to respect all copyright, trademark and proprietary rights of Structureworks and its dealers, distributors, and/or contractors. The organization, manner of presentation and screen designs of the Structureworks web site are the sole property of Structureworks and may not be reproduced without the express written consent of Structureworks. Structureworks expressly reserves all rights in its copyrights, trademarks, trade names, and other proprietary information set forth on the Structureworks web site.
5. Using this website does not constitute consent to receive SMS messages. Structureworks sends SMS messages only after obtaining the recipient’s consent. By continuing to use this web site, You agree to receive communications related to Structureworks products ("Product Updates"). Product Updates may include information about products from Structureworks's authorized dealers, distributors or contractors, or other related products and services. You will have the opportunity to opt-out of Product Updates by clicking on unsubscribe links or by following unsubscribe instructions within the communication.
6. The terms of Structureworks's privacy policy are set forth at www.structureworks.com/terms/ (the "Privacy Policy"), and are incorporated fully herein. The Privacy Policy is subject to change, and You are responsible for checking any such changes. You agree that Structureworks has the right to monitor the Structureworks web site electronically, from time to time, and to disclose any information necessary to satisfy any law, regulation, or other government request, to operate the Structureworks web site properly, or to protect itself. If you have any questions about Structureworks's privacy policy, please contact Structureworks at info@structureworks.com.
7. It is solely Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, products, services or other information, and the quality and merchantability of all merchandise provided through the Structureworks web site. Descriptions of or references to products, services or publications within the Structureworks web site do not imply endorsement of that product, service, or publication.
8. While using the Structureworks web site, You may not: (a) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the United States export control laws and regulations and federal and state antitrust laws; (b) post or transmit any information or software that contains a virus, Trojan Horse, worm, or other harmful component; (c) post, publish, transmit, reproduce, distribute, or in any way exploit any information, product or other material obtained through the Structureworks web site for commercial purposes (other than as expressly permitted by Structureworks or the provider of such information, product or other material); or (d) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Structureworks web site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or holder.
9. Upon clicking on a hyperlink button on the Structureworks web site, You will leave the Structureworks web site, and Structureworks is expressly not responsible for the content at any hyperlinked web site. Structureworks authorized dealers, distributors or contractors are independently owned and operated, and are neither affiliated with nor agents or representatives of Structureworks. As more fully set forth below, Structureworks makes no representations or warranties as to, and accepts no duty or responsibility for, the performance, acts or omissions of such parties.
10. With respect to content on the Structureworks web site or other hyperlinked web site , You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, dealer, distributor, or contractor information, or other materials (collectively, "Content"), are the sole responsibility of the person or entity from which such Content originated. Structureworks does not control the Content posted by its dealers, distributors, contractors, or agents, and as such, does not guarantee the accuracy, integrity or quality of such Content.
11. You acknowledge that Structureworks does not pre-screen Content, but that Structureworks and its designees shall have the right (but not the obligation) in Structureworks's sole discretion to refuse or remove any Content that is made available on the Structureworks web site.
12. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE STRUCTUREWORKS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Structureworks EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Structureworks DOES NOT WARRANT OR REPRESENT THAT: (A) ANY MATERIAL, RESULTS, AND/OR DATA DOWNLOADED OR OTHERWISE USED OR OBTAINED THROUGH THE STRUCTUREWORKS WEB SITE OR OTHER HYPERLINKED WEB SITE WILL BE ACCURATE OR RELIABLE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE STRUCTUREWORKS WEB SITE OR OTHER HYPERLINKED WEB SITE WILL MEET YOUR EXPECTATIONS; (C) THAT ANY ERRORS, MISSTATEMENTS OR PROGRAMMING DEFECTS IN THE STRUCTUREWORKS WEB SITE WILL BE CORRECTED; OR (D) THAT ANY ACCESS TO THE STRUCTUREWORKS WEB SITE OR INFORMATION OR OTHER MATERIAL ACCESSIBLE ON THE STRUCTUREWORKS WEB SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL ELEMENTS. Structureworks ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
13. YOU EXPRESSLY AGREE THAT YOUR USE OF THE STRUCTUREWORKS WEB SITE AND ANY MATERIAL, RESULTS, INFORMATION, AND/OR DATA DOWNLOADED OR OTHERWISE USED OR OBTAINED THROUGH THE USE OF THE STRUCTUREWORKS WEB SITE OR OTHER HYPERLINKED WEB SITE, IS DONE AT YOUR OWN DISCRETION AND RISK. YOU FURTHER AGREE TO ASSUME TOTAL AND SOLE RESPONSIBILITY FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR OTHER USE OF SUCH MATERIAL, RESULTS, AND/OR DATA.
14. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Structureworks AND ITS AFFILIATES, OR OTHER PARTNERS, AGENTS, OR CONTRACTORS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, THAT RESULT FROM: (A) THE USE OR INABILITY TO USE THE STRUCTUREWORKS WEB SITE; (B) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE STRUCTUREWORKS WEB SITE; OR (C) YOUR RELIANCE ON OR USE OF ANY DATA, INFORMATION, MATERIAL, OR PRODUCTS OBTAINED FROM OR PROVIDED THROUGH THE STRUCTUREWORKS WEB SITE OR OTHER HYPERLINKED WEB SITE.
15. These Terms between You and Structureworks shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You and Structureworks agree to submit to the sole and exclusive personal jurisdiction of the federal and state courts located within the Commonwealth of Virginia for any dispute arising from, or related to, these Terms. The failure of Structureworks to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16. SMS Terms By opting in to receive SMS messages from Structureworks, you consent to receive text messages from Home & Leisure, Inc. dba Structureworks concerning your inquiries, quotes, orders, project updates, delivery coordination, and customer support. Message frequency varies based on your inquiries and project activity. You may opt out of future SMS messages at any time by replying STOP. For assistance, reply HELP, email info@structureworks.com, or call 877-489-8064. Message and data rates may apply. Consent to receive SMS messages is not a condition of purchase. Carriers are not liable for delayed or undelivered messages. For information about how we collect, use, and protect your personal information, please review our Privacy Policy at www.structureworks.com/terms/
17. These Terms constitute the entire agreement governing the use of the Structureworks web site, superseding any prior versions of the Terms. If any provision of these Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, You and Structureworks nevertheless agree that the court should endeavor to give effect to Structureworks's intention as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Structureworks is committed to protecting the privacy of Structureworks website users' personal information. This privacy policy applies with respect to the information that Structureworks collects from its Structureworks website ("Website"), located at www.structureworks.com, and all web pages accessible through the Website. Amendments to this privacy policy will be posted at this URL and will be effective when posted. Your continued use of this site following the posting of any amendment, modification or change shall constitute your acceptance of the terms thereof.