Terms & Conditions
CONDITIONS OF USE
OVERVIEW
Welcome to the www.everythingyardflags.com website (the “Site”). The following Conditions of Use, along with the Terms of Sale and Privacy Policy are terms of a legal agreement (the “Terms”) between you and Everything Yard Flags, its parents and its affiliate companies (“N & W Sales LLC”, “Everything Yard Flags”, “EverythingDoormats”). By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use the Site.
The material provided on the Site is protected by law, including, but not limited to, United States Copyright law and international treaties. Everything Yard Flags makes no representations as to the appropriateness of the materials for access from other locations. Access to these materials from territories where their contents are illegal is prohibited; if you choose to access these materials from such a territory, you are responsible for compliance with local laws and regulations.
Everything Yard Flags may at any time revise these Conditions of Use, the Terms, and any other information contained in the Site by updating this posting or any part of the Terms. If Everything Yard Flags makes such revisions, you will be notified via a notation that the Terms are new next to the link to the relevant Terms. A notice of the last date of revision will always appear at the bottom of these Conditions of Use. Your continued use of the Site constitutes your consent to any updates to the Terms.
PERMISSIBLE USE
The Site and all content on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, mirrored, framed, or otherwise used or displayed, or used for the creation of derivative works, without Everything Yard Flags’ prior written consent, except that Everything Yard Flags grants you a non-exclusive, non-transferable, limited and revocable permission to access and display the Web pages within the Site, for your personal, non-commercial (unless you have a business relationship with Everything Yard Flags) use of the Site. Everything Yard Flags further grants you a limited, nonexclusive and revocable right to create a hyperlink to the Site so long as the link does not portray Everything Yard Flags, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. These permissions are conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on the Site.
You may not use the Site in a manner that violates any local, state, national, foreign or international statute. You may not interfere with the functioning of the Site or with other users’ use of the Site in any way, including but not limited to modification of the Site; attempting to gain access to unauthorized portions of the website; enabling high volume, automated, electronic processes that apply to the Site or its systems, the content of the Site or any portion or derivative thereof; or attempting to gain access to other accounts, computer systems or networks connected to the Site, whether through hacking, password mining, or any other means. You may not use the Everything Yard Flags name, trademarks, services marks or logos in any meta tags or any other “hidden text”; use data mining, robots, spiders, crawlers, scrapers or similar automated or non-automated data gathering or extraction methods; or compile, repackage, disseminate or otherwise use data extracted from the Site.
The Site is not meant for use by minors. If you are a legal minor in your jurisdiction, please do not use the Site, or access the Site only under the supervision of a parent or legal guardian. Furthermore, the Site does not knowingly solicit or collect information from children under the age of 13. Should Everything Yard Flags learn that it has inadvertently collected information from a child under the age of 13, it will delete that information as soon as possible.
Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding section, Everything Yard Flags does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
DISCLAIMERS REGARDING CONTENT
Information on the Site is not promised or guaranteed to be correct, current, or complete, and the Site may contain inaccuracies or typographical errors. Everything Yard Flags assumes no responsibility (and expressly disclaims responsibility) for updating the Site to keep information current or to ensure the accuracy or completeness of any posted information. If you believe any information on the Site is inaccurate or incomplete, please let Everything Yard Flags know by calling 1-866-306-2905 or emailing support@everythingyardflags.com.
Everything Yard Flags provides no assurances that any reported problems will be resolved, even if Everything Yard Flags elects to provide information with the goal of addressing a problem.
CONFIDENTIAL INFORMATION AND SUBMISSIONS
The Site does not collect confidential information not discussed in the Privacy Policy from you, except to the extent that you submit it via email or other means. Everything Yard Flags does not want to receive confidential or proprietary information from you through the Site, e-mail or other means. Therefore, any information or material sent to Everything Yard Flags will be deemed NOT to be confidential. By sending Everything Yard Flags any information or material, you grant Everything Yard Flags an unrestricted, irrevocable and fully paid-up license to use, copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Everything Yard Flags is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose, without compensation of any sort. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
OUTSIDE WEBSITES
The Site may provide links or references to other websites and resources. Everything Yard Flags does not own or control these third-party websites, and these Terms of Use do not apply to them. Everything Yard Flags makes no representations, warranties, or other commitments whatsoever about any third-party websites resources that may be referenced, accessible from, or linked to the Site. A link to a third-party website does not mean that Everything Yard Flags endorses the content or use of such website or its owner. In addition, Everything Yard Flags is not a party to or responsible for any transactions you may enter into with third parties, excluding its third-party payment services as described in the Terms of Sale, even if you learn of such parties (or use a link to such parties) from the Site. Accordingly, you acknowledge and agree that Everything Yard Flags is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
When you access a third party website, even one that may contain the Everything Yard Flags name or logo, please understand that it is independent from Everything Yard Flags, and that Everything Yard Flags does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
INTELLECTUAL PROPERTY
The collections and information featured on the Site are produced, distributed and owned by Everything Yard Flags or its affiliates. The images and information published on this site are the intellectual property of Everything Yard Flags or its affiliates. You acknowledge that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. Everything Yard Flags owns a copyright in the selection, coordination, arrangement, and enhancement of such intellectual property. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Everything Yard Flags intellectual property, in whole or in part.
The trademarks and logos appearing on the Site, except those belonging to our affiliates, and the Everything Yard Flags name are trademarks of Everything Yard Flags. These, along with any other trademarks, service marks and logos used and displayed on the Site are registered and unregistered trademarks of Everything Yard Flags. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of Everything Yard Flags. Everything Yard Flags aggressively enforces its intellectual property rights to the fullest extent of the law. Fair use of Everything Yard Flags’ trademarks requires proper acknowledgment. Other product and company names mentioned in the Site, if any, may be the trademarks of their respective owners.
All rights reserved.
DISCLAIMER OF WARRANTY
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. EVERYTHING YARD FLAGS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, EVERYTHING YARD FLAGS MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, CORRECT, COMPLETE, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THIS WEB SITE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL EVERYTHING YARD FLAGS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF EVERYTHING YARD FLAGS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
DISPUTES
You agree that these Terms of Use and your use of the Site are governed by the laws of the State of Iowa, without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Des Moines, Iowa, in all disputes arising out of, relating to, or concerning the Site and/or these Terms of Use. Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Everything Yard Flags has endeavored to comply with all legal requirements known to it in creating and maintaining the Site, but makes no representation that materials on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements, and you agree not to access the Site in any such jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
Last revised: July 22, 2013
