TERMS OF SERVICE FOR SBFIREPLACE.COM
Welcome to the sbfireplace.com web site ("Web Site"). The goal
of this Web Site is to provide you with access to products/services
and related links to meet your needs. Please read our Terms of Use (the "Terms")
carefully before continuing on with your use of this Web Site. These Terms
shall govern the use of the Web Site and apply to all Internet traffic
visiting the Web Site. By accessing or using this Web Site, you agree to
the Terms. The Terms are meant to protect all of our Web Site visitors
and your use of this Web Site signifies your agreement with these Terms.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE. San Bernardino
Fireplace & Woodstove Specialties reserves the right, in sole discretion,
to modify, alter or otherwise update these Terms at any time. Such modifications
shall be effective immediately upon posting. By using this Web Site after
we have posted notice of such modifications, alterations or updates you
agree to be bound by such revised Terms. In accordance with our goals,
this Web Site will permit you to link to many other web sites, that may
or may not be affiliated with this Web Site and/or San Bernardino Fireplace & Woodstove
Specialties, and that may have terms of use that differ from, or contain
terms in addition to, the terms specified here. Your access to such web
sites through links provided on this Web Site is governed by the terms
of use and policies of those sites, not this Web Site.
PRIVACY
Registration data and certain other information about you are subject to
our Privacy Policy. For more information, please review our full Privacy
Policy.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web Site is controlled and operated by San Bernardino Fireplace & Woodstove
Specialties. All content on this Web Site, including, but not limited to
text, images, illustrations, audio clips, and video clips, is protected
by copyrights, trademarks, service marks, and/or other intellectual property
rights (which are governed by U.S. and worldwide copyright laws and treaty
provisions, privacy and publicity laws, and communication regulations and
statutes), and are owned and controlled by Sandy Johnson, Realtor or affiliates,
or by third party content providers, merchants, sponsors and licensors
(collectively "Providers") that have licensed their content or
the right to market their products and/or services to San Bernardino Fireplace & Woodstove
Specialties. Content on this Web Site or any web site owned, operated,
licensed or controlled by the Providers is solely for your personal, non-commercial
use. You may print a copy of the content and/or information contained herein
for your personal, non-commercial use only, but you may not copy, reproduce,
republish, upload, post, transmit, distribute, and/or exploit the content
or information in any way (including by e-mail or other electronic means)
for commercial use without the prior written consent of San Bernardino
Fireplace & Woodstove Specialties or the Providers. You may request
consent emailing a request to webmaster@sbfireplace.com. Without the prior
written consent of San Bernardino Fireplace & Woodstove Specialties
or the Providers, your modification of the content, use of the content
on any other web site or networked computer environment, or use of the
content for any purpose other than personal, non-commercial use, violates
the rights of the owners of San Bernardino Fireplace & Woodstove Specialties
and/or the Provider copyrights, trademarks or service marks and other proprietary
rights, and is prohibited. As a condition to your use of this Web Site,
you warrant to San Bernardino Fireplace & Woodstove Specialties that
you will not use Web Site for any purpose that is unlawful or prohibited
by these Terms, including without limitation the posting or transmitting
any threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material. If you violate any of these Terms, your
permission to use our Web Site immediately terminates without the necessity
of any notice. San Bernardino Fireplace & Woodstove Specialties retains
the right to deny access to anyone at its discretion for any reason, including
for violation of these Terms. You may not use on your web site any trademarks,
service marks or copyrighted materials appearing on this Web Site, including
but not limited to any logos or characters, without the express written
consent of the owner of the mark or copyright. You may not frame or otherwise
incorporate into another web site any of the content or other materials
on this Web Site without prior written consent of San Bernardino Fireplace & Woodstove
Specialties.
LINKS
This Web Site may contain links to other web sites ("Linked Sites").
The Linked Sites are provided for your convenience and information only
and, as such, you access them at your own risk. The content of any Linked
Sites is not under San Bernardino Fireplace & Woodstove Specialties’ control.
San Bernardino Fireplace & Woodstove Specialties is not responsible
for, and does not endorse, such content, whether or not San Bernardino
Fireplace & Woodstove Specialties is affiliated with the owners of
such Linked Sites. You may not establish a hyperlink to this Web Site or
provide any links that state or imply any sponsorship or endorsement of
your web site by San Bernardino Fireplace & Woodstove Specialties,
or its affiliates or Providers.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES
WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW
AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, SAN BERNARDINO
FIREPLACE & WOODSTOVE SPECIALTIES DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER SAN BERNARDINO
FIREPLACE & WOODSTOVE SPECIALTIES, AFFILIATED OR RELATED ENTITIES,
NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION,
AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED
IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL
BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS
ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION
ONLY. SAN BERNARDINO FIREPLACE & WOODSTOVE SPECIALTIES DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR
CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED
PURSUANT
TO YOUR USE OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU
(AND NOT SAN BERNARDINO FIREPLACE & WOODSTOVE SPECIALTIES) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM.
YOU EXPRESSLY AGREE THAT NEITHER SAN BERNARDINO FIREPLACE & WOODSTOVE
SPECIALTIES, NOR ITS AFFILIATED OR RELATED ENTITIES (INCLUDING ITS PROVIDERS),
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY
INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE,
IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS,
DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY,
CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED
UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY
OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, San Bernardino Fireplace & Woodstove Specialties
AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR
ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT,
DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS,
OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS
APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SAN
BERNARDINO FIREPLACE & WOODSTOVE SPECIALTIES IS NOT LIABLE OR RESPONSIBLE
FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR
THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS,
SAN BERNARDINO FIREPLACE & WOODSTOVE SPECIALTIES LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless San Bernardino
Fireplace & Woodstove
Specialties and the Providers, its and their officers, directors, employees,
affiliates, agents, licensors, and suppliers from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of San Bernardino Fireplace & Woodstove
Specialties and its Providers, its and their officers, directors, employees,
affiliates, agents, licensors, and suppliers. Each of these individuals
or entities shall have the right to assert and enforce these Terms
directly against you on its or their own behalf.
JURISDICTIONAL ISSUES
Unless otherwise specified, the content contained in this Web Site
is presented solely for your convenience and/or information. This Web
Site
is controlled
and operated by San Bernardino Fireplace & Woodstove Specialties from
its offices within San Bernardino, California. San Bernardino Fireplace & Woodstove
Specialties makes no representation that content in its Web Site is appropriate
or available for use in other locations. Those who choose to access this
Web Site from other locations do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
You may not use or export the materials in this Web Site in violation of
U.S. export laws and regulations. These Terms shall be governed by, construed
and enforced in accordance with the laws of the State of California, as
they are applied to agreements entered into and to be performed entirely
within such State. Any action you, any third party or San Bernardino Fireplace & Woodstove
Specialties brings to enforce these Terms, or in connection with any
matters related to this Web Site, shall be brought only in either the
state or
Federal courts located in San Bernardino, California and you expressly
consent to the jurisdiction of said courts. If any provision of these
Terms shall be unlawful, void or for any reason unenforceable, then
that provision
shall be deemed severable from these Terms and shall not affect the
validity and enforceability of any remaining provisions.
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