Terms and Conditions of Use

  
 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Verco Decking, Inc. (“Verco”), owns and operates the www.vercodeck.com website (the “Site”).  By using the Site, you signify your agreement to these Terms and Conditions of Use (“Terms and Conditions”).  If you do not agree to all of these Terms and Conditions, do not use the Site.  Verco may revise and update these Terms and Conditions at any time. Your continued usage of the Site will mean you accept those changes.

  1. Use of Content.  

    1. The contents of the Site, such as text, graphics, images, logos, trademarks, servicemarks, specifications, technical guidelines, catalogs, Design Tools, software, data, information, and other material contained on the Site (“Content”) is protected by copyright, trademark, and/or other laws of the United States and other countries. Ownership of the Content remains with Verco, its licensors, or third-party content providers.  Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. The Content and related features are subject to change or termination without notice in the sole discretion of Verco.  Content may contain technical inaccuracies or typographical errors. All rights not expressly granted herein are reserved to Verco and its licensors.

    2. Verco authorizes you to view, download, or print no more than five (5) copies of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © 2010, Verco Decking, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Except as otherwise expressly permitted under copyright law, you may not copy, download, print, remove, publish, redistribute, modify, transmit, display, sell, prepare derivative works based on, or in any way exploit any Content without the express written permission of Verco and, if applicable, its third-party content providers.  Any special rules for the use of certain Content accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

    3. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

  2. Use of the Site.

    1. In your use of the Site, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to (a) use the Site for any purpose in violation of local, state, national, or international laws, (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Content or use, redistribute, republish or exploit the Content for any further commercial or promotional purposes, (c) infringe or violate the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, (d) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site, (e) interfere with, interrupt, damage, disable, overburden, or impair the Site, the Content or the services made available on or through the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, (f) attempt to gain unauthorized access to other computer systems through the Site, or (g) assist anyone else in doing any of the foregoing.

    2. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or any of the Content. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

    3. You further agree that your use of the VR Design Tool, other tools, and functionality on the Site (“Design Tools”) is for the sole purpose of identifying potential Verco Decking options that meet the parameters that you enter into the Design Tools.  Any Verco Decking configurations returned by the Design Tools are simply suggestions from Verco’s catalogs.  The information provided by the Design Tools is for general information only and is not to be used or relied upon for any application.  Without limitation, the cost index provided by the VR Design Tool is simply a normalized value of the relative costs of each of the configurations based on the historical costs of the materials, shipping, labor, installation, etc. and should not be relied on by you for any purpose.  The cost index provided by the VR Design Tool is not an estimate, quote, or offer by Verco to sell any products or services to you.  The actual relative costs of the configurations may be different than the costs expressed in the cost index because of the variations in the costs of material, labor, etc.    

  3. Liability.

    1. Your use of the Site and the Content is at your own risk.

    2. VERCO IS NOT RESPONSIBLE FOR ANY VIRUSES OR OTHER ROUTINES THAT HARM YOUR COMPUTER OR SOFTWARE, WHICH YOU MAY COME IN CONTACT WITH WHILE USING THE SITE; NOR IS VERCO RESPONSIBLE FOR ANY FAILURE, MECHANICAL OR OTHERWISE, OF THE SITE OR OF ANY CONTENT OR SERVICES AVAILABLE THROUGH THE SITE.  FURTHERMORE, WHEN using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of VERCO.  Accordingly, VERCO assumes no liability for or relating to ANY delay, failure, interruption, or corruption of any data or other information or material transmitted to or received from the Site.

    3. The Site and the Content are provided on an “as is” basis. Verco, ITS LICENSORS, AND ITS THIRD-PARTY CONTENT PROVIDERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

    4. To the best of Verco’s knowledge, the information contained in the Content is accurate.  However, Verco, its licensors, and its third-party content providers make no representations or warranties, either express or implied, that the Content included in or available through the site is accurate, reliable, current or correct; that the Content will be available at any particular time or location; that any defects or errors will be corrected; or that the Content is free of viruses or other harmful components. 

    5. In no event shall Verco, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from YOUR use of or inability to use the Site or the Content, including but not limited to the use of the Design Tools, whether based on warranty, contract, tort, or any other legal theory, and whether or not Verco, its licensors, or its third party content providers mentioned on the Site are advised of the possibility of such damages.

    6. Any claims arising in connection with your use of the Site or any Content, must but brought within one (1) year of the date of the event giving rise to such action occurred.  Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

  4. User Submissions.

    1. By submitting to Verco via e-mail or the Site any ideas, suggestions, concepts, methods, systems, designs, plans, techniques, business information, inventions, how-to or product information or material relating to Verco’s business, products, or services (collectively, “Ideas”), you: (i) agree such submission is non-confidential for all purposes, (ii) grant Verco an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Ideas, and (iii) represent and warrant that you own or otherwise control all of the rights to the Ideas and that Verco is free to use the Ideas that you send Verco for any purpose.  For the avoidance of doubt, “Ideas” does not include any data, information, drawings, files, etc. that you submit to Verco for the purposes of receiving customer support.  Verco may sublicense its rights through multiple tiers of sublicenses.

    2. By submitting to Verco your name, address, telephone number, e-mail address, social media contact information, or any other personally identifiable information, you are granting Verco a right to store and use such personally identifiable information for future mailings, e-mails, calls, and other types of contact solely by Verco and its parent, subsidiary, or affiliated companies.  The personally identifiable information will not be sold, transferred, or otherwise disseminated to third parties.  You may opt out of any future mailings, e-mails, calls, and other types of contact by notifying Verco at the contact e-mail address listed in these Terms and Conditions below.

    3. You further agree that you will not send to Verco, including but not limited to transferring through the Site, sending through e-mail, or any other form of communication, any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane, or indecent information or materials of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any state, national, or international law.

  5. Rights Reserved.  Verco reserves the right to refuse service or terminate your access to the Site or any of the Site’s Content for any reason, including without limitation, if Verco believes that your conduct violates applicable laws or is harmful to the interests of Verco.

  6. Links to Other Sites.  Verco may provide links to third-party websites and websites of parent, subsidiary, and affiliate companies.  Verco is not responsible for the content of linked Websites, and does not make any representations regarding their content or accuracy. Your use of linked websites is at your own risk and subject to the terms and conditions of use for such websites.

  7. Indemnity.  You agree to defend (using counsel acceptable to Verco, in its sole discretion), indemnify and hold Verco, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any and all liabilities, claims, expenses, causes of action, demands, settlements, and/or damages (including reasonable attorneys’ fees and costs) resulting from, or alleged to result from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms and Conditions; (iii) information or material provided to Verco by you; (iv) a third party’s rights (including, but not limited to, patents, copyrights, trademark, trade secrets, or other proprietary right, moral rights, rights of privacy, and reputational rights) that were violated by any information or material provided to Verco by you or by Verco’s publication or other lawful use of any information or material provided to Verco by you.  Verco reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Verco in asserting any available defenses.

  8. General.

    1. Verco is based in Phoenix Arizona in the United States of America with principal offices in Phoenix Arizona.  Verco makes no claims that the Site and the Content are appropriate or may be downloaded outside of the United States.  Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

    2. The following provisions survive the expiration or termination of these Terms and Conditions and your use of the Site for any reason whatsoever: Liability, User Submissions, Rights Reserved, Indemnity, Jurisdiction, and Complete Agreement.

  9. Jurisdiction.

    1. You expressly agree that exclusive jurisdiction for any dispute with Verco, or in any way relating to your use of the Site, resides in the state courts of Maricopa County, Arizona, and in the federal courts in the District of Arizona, Phoenix Division, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving Verco or its parent companies, affiliates, subsidiaries, employees, contractors, officers, and directors.

    2. These Terms and Conditions are governed by the internal substantive laws of the State of Arizona, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of the Terms and Conditions shall be deemed a further or continuing waiver of such Term or Condition or any other Term or Condition.

  10. Complete Agreement.  These Terms and Conditions constitute the entire agreement between you and Verco with respect to the use of the Site and Content.




Thank you for your cooperation. Questions or comments regarding the Site should be submitted to:

 

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