Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Verco Decking Inc., together with its parent and its affiliates (collectively, “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.
- Use of Content.
- The contents of the Site, such as text, graphics, user interfaces, visual interfaces, images, logos, trademarks, servicemarks, specifications, technical guidelines, catalogs, Design Tools (as defined below), software, data, information, and other material contained on the Site, including the design, structure, selection, coordination, expression, “look and feel” and arrangement of such (collectively “Content”), is protected by copyright, trademark, and/or other laws of the United States. 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. No part of the Site and Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, used to prepare derivative works, or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Verco’s express prior written consent. Content may contain technical inaccuracies or typographical errors. In addition to the use of the Content provided under this Section 1, the portion of the Content related to the Design Tools, is further subject to Section 3 below.
- Verco authorizes you to view, download, or print no more than five (5) copies of certain material on the Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © 2018, Verco Decking Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in such materials. 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.
- 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.
- Use of the Site.
- 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 (i) use the Site for any purpose in violation of local, provincial, federal, international laws; (ii) 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; (iii) infringe or violate the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights; (iv) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses, other contact or personal information, any Content, 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; (v) attempt to interfere with, interrupt, damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or the Content, through the use of any device, software, or routine, 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; (vi) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site; (vii) attempt to gain unauthorized access to other computer systems through the Site; (viii) assist anyone else in doing any of the foregoing; or (ix) attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or any Content thereof, or make any unauthorized use thereof. 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.
- Use of Design Tools.
- You further agree that your use of the functionality and tools provided on the Site, including the functionality and tools for designing decking systems, such as the tools allowing for the input of requirements in order to receive suggested decking systems and components thereof (collectively “Design Tools”), is for the sole purpose of identifying potential Verco decking options that meet the parameters that you enter into any Design Tool. Any Verco decking configurations returned by a Design Tool are simply suggestions from Verco’s catalogs or data sheets, or calculations made therefrom. The information accessed through use of any Design Tool is presented for general information only and is not to be used or relied upon for any application without independent verification by a licensed professional engineer, or other qualified professional. Without limitation, any cost index provided by a 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 a Design Tool, if any, is not an estimate, quote, or offer by Verco to sell any products or services to you.
- In addition to the obligations provided under Section 1 with respect to the Content, you further agree (i) not to, or allow any third party to, disassemble, decompile, or otherwise reverse engineer any Design Tool provided by or through the Site, including the executable, object, or source code of such Design Tool; (ii) not to view, download, or print more than five (5) copies of the materials resulting from your use of any Design Tool; and (iii) to receive independent verification by a licensed professional engineer, or other qualified professional, of the information accessed through the use of any Design Tool.
- You hereby agree, warrant and represent to Verco that you own or otherwise have rights, including any intellectual property and other proprietary right, in and to any data or other information that you provide in connection with your use of any Design Tool and you hereby grant Verco a license to use that data and other information, including in connection with any Design Tool.
- YOUR USE OF THE SITE AND THE CONTENT, INCLUDING THE DESIGN TOOLS, IS AT YOUR OWN RISK.
- 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.
- THE SITE AND THE CONTENT, INCLUDING THE DESIGN TOOLS AND ANY INFORMATION PROVIDED THROUGH THE DESIGN TOOLS, 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 REPRESENTATIONS, WARRANTIES, AND CONDITIONS, 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.
- 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, INCLUDING ANY THIRD-PARTY PROVIDERS OF ANY PORTION OF THE DESIGN TOOLS, 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 FOR ANY PARTICULAR PURPOSE OR USE; THAT THE CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
- IN NO EVENT SHALL VERCO, ITS LICENSORS, OR ITS THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, DAMAGE TO PROPERTY, 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 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 ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Notwithstanding the other provisions of these Terms and Conditions, if Verco is found to be liable to you for any damages which arise out of or are in any way connected with your use of the Site or any Content, Verco’s liability shall in no event exceed US $100.00.
- 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. Your remedies arising from any claim relating to the Site or the Content that are set forth in these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
- User Submissions.
- 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, including any submissions made to the Design Tools (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 have a license to, 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. Verco may sublicense its rights through multiple tiers of sub-licenses.
- Links to Other Sites. Verco may provide links to third-party websites and websites of parent, subsidiary, and affiliate companies (“Linked Sites”). THESE LINKED SITES ARE NOT UNDER VERCO’S CONTROL, AND VERCO IS NOT RESPONSIBLE FOR, AND DOES NOT ENDORSE, THE CONTENT OF LINKED SITES, AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THEIR CONTENT OR ACCURACY. YOUR USE OF LINKED SITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH LINKED SITES.
- Indemnity. You agree to defend (using counsel acceptable to Verco, in its sole discretion), indemnify and hold Verco, its officers, directors, shareholders, employees, agents, licensors, affiliate, and suppliers, harmless from and against any and all liabilities, claims, expenses, causes of action, demands, settlements, and/or damages (including reasonable legal fees and costs) resulting from, or alleged to result from: (i) your use of and access to the Site and Content; (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 intellectual or 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, at your cost, 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.
- Verco has locations throughout the United States. 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 of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you are located in Canada please use the site located at: www.vulcraft.ca
- Verco reserves the right to do any of the following: (i) to modify, suspend or terminate operation of or access to any portion of the Site or Content thereon, for any reason, including without limitation, if Verco believes that your conduct violates applicable laws or is harmful to the interests of Verco; (ii) to modify or change any portion of the Site or Content thereon; or (iii) to interrupt the operation of any portion of the Site or Content thereon, as necessary to perform routine or non-routine maintenance, error correction, or other changes. All rights not expressly granted herein are reserved to Verco and its licensors.
- Verco may disclose any information we have about you (including your identity subject to applicable laws) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site or Content thereon, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Verco’s rights or property, or the rights or property of visitors to or users of the Site or Content thereon. Verco reserves the right at all times to disclose any information that Verco deems necessary to comply with any applicable law, regulation, legal process or governmental request. Verco also may disclose your information when Verco determines that applicable law requires or permits such disclosure.
- If Verco takes any legal action against you as a result of your violation, or pursuant to any provision, of these Terms and Conditions, Verco will be entitled to recover from you, and you agree to pay all reasonable legal fees and costs of such action, in addition to any other relief granted to Verco. You agree that Verco will not be liable to you or to any third party for termination of your access to the Site or Content as a result of any violation of these Terms and Conditions.
- The following provisions survive the expiration or termination of these Terms and Conditions and your use of the Site for any reason whatsoever: Section 3, Section 4, Section 5, Section 6, Section 7, Section 8d, Section 9, Section 10, and any provision that by its nature would survive expiration or termination.
- 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 or federal courts in Charlotte, North Carolina, 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.
- These Terms and Conditions are governed by the laws of the State of North Carolina without respect to the conflict of law 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.
- Complete Agreement. These Terms and Conditions constitute the entire agreement between you and Verco with respect to the use of the Site and Content, including the Design Tools. Verco’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which such products and services are provided, and nothing on this Site should be construed to alter such agreements.
Thank you for your cooperation. Questions or comments regarding the Site should be submitted to: