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Terms of Use
Conditions of Use
Welcome to the
Douglas Nance website. We provide our services to you subject to the
following conditions. If you visit or shop at douglasnance.com, you accept
these conditions. Please read them carefully.
Electronic Commerce
When you visit
douglasnance.com or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting notices
on this site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
Copyright
All content included on this site,
such as text, graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software, is the property of Douglas Nance
(and parent company Atlantic Adirondack Company) or its content suppliers and protected by United States
and international copyright laws. The compilation of all content on this
site is the exclusive property of Douglas Nance and protected by U.S. and
international copyright laws. All software used on this site is the property
of Douglas Nance or its software suppliers and protected by United States and
international copyright laws.
Trademarks
Douglas Nance graphics, logos, page
headers, button icons, scripts, and service names are trademarks or trade
dress of Douglas Nance (and parent company Atlantic Adirondack Company).
Douglas Nance’s trademarks and trade dress may not be used in
connection with any product or service that is not Douglas Nance’s, in any
manner that is likely to cause confusion among customers, or in any manner
that disparages or discredits Douglas Nance. All other trademarks not owned by
Douglas Nance or its subsidiaries that appear on this site are the property of
their respective owners, who may or may not be affiliated with, connected
to, or sponsored by Douglas Nance or its subsidiaries.
License and Site Access
Douglas Nance grants you a limited
license to access and make personal use of this site and not to download
(other than page caching) or modify it, or any portion of it, except with
express written consent of Douglas Nance. This license does not include any
resale or commercial use of this site or its contents; any collection and
use of any product listings, descriptions, or prices; any derivative use of
this site or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining, robots, or
similar data gathering and extraction tools. This site or any portion of
this site may not be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without express written
consent of Douglas Nance. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of Douglas Nance and our affiliates
without express written consent. You may not use any meta-tags or any other
"hidden text" utilizing Douglas Nance's name or trademarks without the express
written consent of Douglas Nance. Any unauthorized use terminates the
permission or license granted by Douglas Nance. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of
Douglas Nance (douglasnance.com) so long as the link does not portray
Douglas Nance, its affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any Douglas Nance
logo or other proprietary graphic or trademark as part of the link without
express written permission.
Risk of Loss
All items purchased from Douglas
Nance are sold pursuant to a shipment contract. This means that the risk of
loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions
Douglas Nance and its affiliates
attempt to be as accurate as possible. However, Douglas Nance does not warrant
that product descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. If you believe a product offered
by Douglas Nance is not as described, your sole remedy is to return it in
unused condition.
DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Douglas
Nance ON AN "AS IS" AND "AS AVAILABLE" BASIS. Douglas
Nance MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT
YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Douglas
Nance DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Douglas Nance DOES NOT WARRANT THAT THIS SITE, ITS
SERVERS, OR E-MAIL SENT FROM Douglas Nance ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. Douglas Nance WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting douglasnance.com, you
agree that the laws of the state of Florida, without regard to principles
of conflict of laws, will govern these Conditions of Use and any dispute of
any sort that might arise between you and Douglas Nance or its affiliates.
Disputes
Any dispute relating in any way to
your visit to douglasnance.com or to products you purchase through
douglasnance.com shall be submitted to confidential arbitration in West Palm
Beach,
Florida, except that, to the extent you have in any manner violated or
threatened to violate Douglas Nance's intellectual property rights,
Douglas Nance may seek injunctive or other appropriate relief in any state or
federal court in the state of Florida, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement
shall be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification and
Severability
Please review our other policies,
such as our pricing policy, posted on this site. These policies also govern
your visit to douglasnance.com. We reserve the right to update, modify or make changes to our
site, policies, and these Conditions of Use at any time without prior
notice. Your use of the douglasnance.com website following such change
constitutes your agreement to follow and be bound by the terms and
conditions as changed. If any of these
conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity
and enforceability of any remaining condition.
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