ALTERATION OF SITE AND/OR SITE CONTENT
AZEK may modify, suspend, or discontinue any existing feature, aspect, product, good or service available through the Sites, as well as any content of the Sites, including that of any third parties, at any time,. AZEK may add new content, features, aspects, products, goods or service available through the Sites at any time. AZEK may alter the availability of any feature of this Site or service related to any feature of this Site at any time.
LIMITATION ON ACCESS OR USAGE OF SITE
AZEK may limit your access to any part of this Site without notice to you. AZEK may terminate your use of its Site at any time without prior notice.
CONDUCT IN USING SITE
- You agree to use the Sites only for lawful purposes.
- You agree to use the Sites only for their intended purposes.
- AZEK reserves the right to prohibit any conduct involving the Sites that it deems to be inappropriate.
- You agree not to disrupt the Sites.
- You agree not to interfere with or compromise the security of the Sites, or any computers, servers, accounts, networks, data, software and/or hardware associated with the Sites.
- You agree not to disrupt or interfere with any other visitor’s use of the Sites.
- You agree not to attempt to obtain access to any portion of the Sites, any computer, server, account, network, software or hardware associated with the Sites, from which you are restricted.
- You agree that you are solely responsible for any actions you undertake while visiting the Sites and that you will comply with all applicable local, state, national and international laws and regulations applicable to the Sites and the Internet, including United States copyright and export regulations.
LINKS TO AND FROM OTHER WEBSITES
COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY
All information, content and material (“Content”) made available by AZEK through the Sites is owned by or licensed to AZEK. AZEK and its licensors retain all rights in this Content.
All Content, including but not limited to the Sites’ design, text, drawings, photographs, graphics, sound recordings and video recordings are protected by copyrights owned by AZEK or its licensors. 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.
AZEK grants you permission to display, copy, distribute, print and/or download the Content on the Sites for your use only. If you display, copy, distribute, print and/or download the Content on the Sites then you may not modify that Content and you must retain all copyright, trademark and other proprietary notices contained in the Content.
The permission granted herein terminates automatically if you breach these terms or conditions. Upon termination of the permission, you must immediately destroy any Content you displayed, copied, distributed, printed and/or downloaded.
“AZEK”, “TimberTech”, and all other AZEK trademarks, are either registered trademarks, trademarks, service marks or otherwise protected property of AZEK and may not be used, copied or imitated without the prior written consent of AZEK.
AZEK’s intellectual property may not be used in connection with any service or product that is not AZEK’s. AZEK’s intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages AZEK. Other registered trademarks, trademarks, product names, company names, service marks and otherwise protected property displayed on the Sites are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property.
The compilation of the Content on the Sites is the exclusive property of AZEK and is protected by U.S. and International Copyright law.
You may not mirror any Content contained in the Sites on any other Sites, or server.
AZEK’s use of the mark DRYSPACE is with the consent of DrySpace, Inc., in Cedar Rapids, Iowa (www.dryspace.com). AZEK and DrySpace, Inc. are not affiliated in any way. Neither company warrants the goods or services of the other.
Please be advised that TimberTech, AZEK, The AZEK Company LLC and AZEK Building Products LLC make no representations or warranties regarding the service or installation provided by any installer or remodeler located on or obtained through the use of any AZEK or TimberTech website. The installers/remodelers are not employees or agents of AZEK, and it is ultimately up to the homeowner to make an individual assessment regarding the use of any installer/remodeler. Your rights are governed by the terms of the contract you enter into with the installer/remodeler you select. AZEK makes no guarantees, representations or warranties, and disclaims any damages, regarding the outcome and quality of the job that they may perform if you elect to retain their services.
THIS SITE IS PROVIDED “AS-IS,” “WHERE IS” AND “AS-AVAILABLE.” AZEK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, CONCERNING THE OPERATION OF THIS SITE, THE CONTENT, GOODS AND/OR SERVICES AVAILABLE ON OR THROUGH THIS SITE. AZEK DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY.
YOU AGREE TO VISIT THIS SITE SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF THIS SITE, AND ANY CONTENT, GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE IS SOLELY AT YOUR OWN RISK. AZEK DOES NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE OR THAT THE CONTENT, INCLUDING INFORMATION ABOUT GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, ARE ACCURATE, RELIABLE OR CURRENT. AZEK MAKES NO WARRANTY CONCERNING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR ANY CONTENT, GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE.
LIMITATION OF LIABILITY
AZEK WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, ARISING FROM THE USE OF THIS SITE.
NEITHER AZEK, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THE SITES SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITES, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, AZEK’S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS, AND ANY OTHER CAUSE, EVEN IF AZEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS SITE.
IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGE IS PROHIBITED, AZEK’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.
You agree to indemnify, defend and hold harmless AZEK and its affiliates and their respective officers, directors, shareholders, employees, agents, licensees and assigns, from and against any damages, losses, costs, or expenses that any such parties may incur as a result of your use of the Sites or your use of the Content, goods and/or services available through the Sites.
SITUS, VENUE & JURISDICTION
The Sites are controlled by AZEK from its offices within Illinois. AZEK complies with all laws of Illinois applicable to the Sites and to the Internet. Visitors who choose to visit the Sites from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.
Claims relating to the Sites, to the use of the Sites, and to the information content, material, goods and services available through the Sites are governed by the internal substantive laws of the Commonwealth of Illinois, without regard to its conflicts of laws principles. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts, state and Federal, located in Chicago, Illinois for any litigation concerning the Sites, your use of the Sites and any purchases made through the Sites. You agree not to plead forum non-conveniens in any such action.