2. Trex RainEscape reserves the right, in its sole discretion, to change, modify, add, or remove all or part of these Terms, including but not limited to, any term, policy, or guideline, at any time without notice or acceptance by You. You can review the most current version of these Terms at any time at https://www.trexrainescape.com/terms. Regardless of whether Trex RainEscape has provided You notice, Your continued use of the Trex RainEscape Web site following Trex RainEscape’s notice or posting of changed Terms will constitute Your acceptance of such changes. It is Your responsibility to check regularly for changes to the Terms.
3. By continuing to use this Web site, You agree to be bound by and accept these Terms, and agree to provide true, accurate, current and complete information in any response that You provide to Trex RainEscape. You agree to maintain and update Your Information to keep it true, accurate, current, and complete. If You are dissatisfied with the Trex RainEscape Web site, or any of the Terms, guidelines, policies, practices of Trex RainEscape, or if any future changes are unacceptable to You, Your sole remedy is to discontinue use of the Trex RainEscape Web site.
4. All information, content and material (“Content”) made available by Trex RainEscape through this Web site is owned by or licensed to Trex RainEscape. Trex RainEscape and its licensors retain all rights in this Content. All Content, including but not limited to the Site design, text, drawings, photographs, graphics, sound recordings and video recordings are protected by copyrights owned by Trex RainEscape 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. You may not, for commercial purposes, publish, transmit reproduce or distribute any Content, except as expressly permitted by Trex RainEscape, or the provider of such information or other material. You expressly agree to respect all copyright, trademark and proprietary rights of Trex RainEscape and its dealers, distributors, and/or contractors. The organization, manner of presentation and screen designs of the Trex RainEscape Web site are the sole property of Trex RainEscape and may not be reproduced without the express written consent of Trex RainEscape. Trex RainEscape expressly reserves all rights in its copyrights, trademarks, trade names, and other proprietary information set forth on the Trex RainEscape Web site.
5. By continuing to use this Web site, You agree to receive communications related to Trex® RainEscape® products (“Product Updates”). Product Updates may include information about products from Trex RainEscape’s authorized dealers, distributors or contractors, or other related products and services. You will have the opportunity to opt-out of Product Updates by clicking on unsubscribe links or by following unsubscribe instructions within the communication.
7. It is solely Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, products, services or other information, and the quality and merchantability of all merchandise provided through the Trex RainEscape Web site. Descriptions of or references to products, services or publications within the Trex RainEscape Web site do not imply endorsement of that product, service, or publication.
8. While using the Trex RainEscape Web site, You may not: (a) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the United States export control laws and regulations and federal and state antitrust laws; (b) post or transmit any information or software that contains a virus, Trojan Horse, worm, or other harmful component; (c) post, publish, transmit, reproduce, distribute, or in any way exploit any information, product or other material obtained through the Trex RainEscape Web site for commercial purposes (other than as expressly permitted by Trex RainEscape or the provider of such information, product or other material); or (d) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Trex RainEscape Web site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or holder.
9. Upon clicking on a hyperlink button on the Trex RainEscape Web site, You will leave the Trex RainEscape Web site, and Trex RainEscape is expressly not responsible for the content at any hyperlinked web site. Trex RainEscape authorized dealers, distributors or contractors are independently owned and operated, and are neither affiliated with nor agents or representatives of Trex RainEscape. As more fully set forth below, Trex RainEscape makes no representations or warranties as to, and accepts no duty or responsibility for, the performance, acts or omissions of such parties.
10. With respect to content on the Trex RainEscape Web site or other hyperlinked web site , You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, dealer, distributor, or contractor information, or other materials (collectively, “Content”), are the sole responsibility of the person or entity from which such Content originated. Trex RainEscape does not control the Content posted by its dealers, distributors, contractors, or agents, and as such, does not guarantee the accuracy, integrity or quality of such Content.
11. You acknowledge that Trex RainEscape does not pre-screen Content, but that Trex RainEscape and its designees shall have the right (but not the obligation) in Trex RainEscape’s sole discretion to refuse or remove any Content that is made available on the Trex RainEscape Web site.
12. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE TREX WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TREX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TREX DOES NOT WARRANT OR REPRESENT THAT: (A) ANY MATERIAL, RESULTS, AND/OR DATA DOWNLOADED OR OTHERWISE USED OR OBTAINED THROUGH THE TREX WEB SITE OR OTHER HYPERLINKED WEB SITE WILL BE ACCURATE OR RELIABLE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TREX WEB SITE OR OTHER HYPERLINKED WEB SITE WILL MEET YOUR EXPECTATIONS; (C) THAT ANY ERRORS, MISSTATEMENTS OR PROGRAMMING DEFECTS IN THE TREX WEB SITE WILL BE CORRECTED; OR (D) THAT ANY ACCESS TO THE TREX WEB SITE OR INFORMATION OR OTHER MATERIAL ACCESSIBLE ON THE TREX WEB SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL ELEMENTS. TREX ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
13. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TREX WEB SITE AND ANY MATERIAL, RESULTS, INFORMATION, AND/OR DATA DOWNLOADED OR OTHERWISE USED OR OBTAINED THROUGH THE USE OF THE TREX WEB SITE OR OTHER HYPERLINKED WEB SITE, IS DONE AT YOUR OWN DISCRETION AND RISK. YOU FURTHER AGREE TO ASSUME TOTAL AND SOLE RESPONSIBILITY FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR OTHER USE OF SUCH MATERIAL, RESULTS, AND/OR DATA.
14. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TREX AND ITS AFFILIATES, OR OTHER PARTNERS, AGENTS, OR CONTRACTORS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, THAT RESULT FROM: (A) THE USE OR INABILITY TO USE THE TREX WEB SITE; (B) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE TREX WEB SITE; OR (C) YOUR RELIANCE ON OR USE OF ANY DATA, INFORMATION, MATERIAL, OR PRODUCTS OBTAINED FROM OR PROVIDED THROUGH THE TREX WEB SITE OR OTHER HYPERLINKED WEB SITE.
15. These Terms between You and Trex RainEscape shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You and Trex RainEscape agree to submit to the sole and exclusive personal jurisdiction of the federal and state courts located within the Commonwealth of Virginia for any dispute arising from, or related to, these Terms. The failure of Trex RainEscape to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16. These Terms constitute the entire agreement governing the use of the Trex RainEscape Web site, superceding any prior versions of the Terms. If any provision of these Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, You and Trex RainEscape nevertheless agree that the court should endeavor to give effect to Trex RainEscape’s intention as reflected in the provision, and the other provisions of these Terms remain in full force and effect.