Effective Date: May 6, 2013
These Terms cover your use of the Website whether you simply browse the Website, fill out a form on the Website, subscribe to our newsletter, and/or use other features of the Website. Throughout these Terms, unless otherwise specifically indicated, when we say “use of the Website” (or a similar phrase), this “use” includes visiting and browsing the Website, filling out a form on the Website, subscribing to our newsletter, and/or using any other features of the Website.
2. Modification of Terms
We reserve the right to revise these Terms at any time. We will post any new or revised Terms here, and you should review these Terms regularly to make sure you are aware of any changes. You can determine if these Terms have been revised since your last visit to the Website by referring to the effective date at the top of these Terms. Parr will also provide notification of significant changes to these Terms through the Website. Your access to or use of the Website following such revisions to these Terms constitutes your acceptance of and agreement to the terms and conditions of these Terms, as revised by us. The revisions to these Terms will apply to your use of the Website on and after the date on which we post the revised Terms. We will keep prior versions of these Terms in an archive for your review upon your request.
The Website is controlled and operated from the United States and is not intended to (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. The Website may not be appropriate for use in some jurisdictions outside of the United States, and use of the Website is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms. If you access the Website, you do so at your own risk, and you agree to comply with all applicable local, state, and federal laws, rules, and regulations in connection with your use of the Website. We may limit the Website’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
4. Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e mail or by posting notices on the Website. 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.
5. User Permissions and Obligations
a. Right to Use the Website and Parr Content. Parr grants you a non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable, limited license to access and use the Website and to download and print limited copies of Parr Content (defined as all text, graphics, logos, images, audio clips, digital downloads, and any other material or information on, comprising, or used in connection with the Website); provided that you do not delete or modify any copyright, trademark, or other proprietary notices therefrom and that you comply with these Terms. Any other copying, reproduction, use, distribution, republication, display, rental, sale, other transfer, modification, or translation of the Website and/or Parr Content (or creation of derivative works based on the Website or Parr Content) is strictly prohibited without the express prior written permission of Parr. You acknowledge that the unauthorized use of the Website or Parr Content could cause irreparable harm to us and/or our suppliers and/or licensors, and that in the event of an unauthorized use, we will be entitled to any and all remedies at law or in equity, including without limitation injunctive relief.
b. Technical Requirements. You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Website, including all related expenses, if any.
c. INDEMNIFICATION BY YOU. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PARR, OUR SUBSIDIARIES AND AFFILIATES, AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS FOR, FROM, AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, LOSSES, JUDGMENTS, DEMANDS, AWARDS, AND COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) DUE TO OR ARISING OUT OF (i) YOUR USE OF OR ACTIVITIES IN CONNECTION WITH THE WEBSITE, PARR CONTENT, USER CONTENT (DEFINED AND DISCUSSED BELOW), OR OTHER INFORMATION OR MATERIALS OBTAINED THROUGH THE WEBSITE; (ii) YOUR USER CONTENT, INCLUDING WITHOUT LIMITATION THE DISPLAY OF YOUR USER CONTENT ON OUR WEBSITE AND/OR OUR USE OF YOUR USER CONTENT AS AUTHORIZED IN THESE TERMS; (iii) YOUR VIOLATION OF THESE TERMS, OR ANY LAW, RULE, OR REGULATION, AND/OR ANY BREACH OF YOUR REPRESENTATIONS OR WARRANTIES MADE IN THESE TERMS; AND/OR (iv) YOUR INFRINGEMENT, MISAPPROPRIATION, OR OTHER VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING WITHOUT LIMITATION, THE RIGHTS OF ANOTHER WEBSITE USER.
d. Conduct on the Site. You agree NOT to:
- Use the Website or Parr Content in any manner that may adversely affect Parr’s resources or the availability of the Website to others, or in any way that disrupts the operation of the Website or the servers or networks used to make the Website available;
- Use the Website or Parr Content in any manner that may violate any law, rule, or regulation, or in any fraudulent manner;
- Delete or revise any Parr Content on the Website, or modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise tamper with any portion of the Website or Parr Content;
- Remove any copyright, trademark, or other proprietary rights notice from the Website or any Parr Content;
- Use the Website to transmit, disclose, collect, or store personal information about others;
- Use the Website or information obtained through the Website to contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- Submit or post any personal information about any person without such person’s prior written consent;
- Submit or post any material or information that is illegal, obscene, threatening, harassing, slanderous, defamatory, abusive, invasive of privacy; or that infringes, misappropriates, or otherwise violates the proprietary or legal rights of any person or entity; or that contains software viruses, corrupted data, or cancel bots;
- Impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent your affiliation with any person or entity, express or imply that we endorse any statement you make or have made, or otherwise mislead as to the origin of any material or information you submit or post;
- Violate the rights of any third party or breach any contract with or duty owed to any third party;
- Create a database by downloading and saving Parr Content or any other material or information from the Website, whether directly or through intermediaries;
- Download, copy, or use any Parr Content or any other information or content on or comprising the Website in order to compete with Parr in any way, including without limitation by developing a similar website or products or services provided by Parr;
- Use the Website to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application, or service (including without limitation any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with the Website;
- Frame or mirror any Parr Content or other portions of the Website without our prior written consent. If you link to the Website, Parr reserves the right to block any such links and/or demand you remove any such link at any time, for any or no reason, and at Parr’s sole discretion;
- Attempt to gain unauthorized access to the Website. You may not obtain or attempt to obtain any Parr Content or other material or information through any means not intentionally made available to you through the Website. You may not attempt to defeat any security measures that we take to protect the Website; or
- Use any manual or automatic website search/retrieval computer hardware or application to retrieve or in any way gather Website content or reproduce or circumvent the structure or presentation of the Website without our prior written consent. As a limited exception, general purpose Internet search engines will be entitled to access the Website and use limited content from the Website if, in all cases: (i) They provide a direct hyperlink to the relevant web page from the Website; (ii) they link to and use the content solely in connection with their activities as a general purpose Internet search engine; and (iii) they access the Website from a stable IP address using an easily-identifiable agent. Parr may terminate this limited exception for general purpose Internet search engines at any time and in its sole discretion, upon written notice including, without limitation, email notice.
You expressly acknowledge and agree that engaging in any of the above activities constitutes an unauthorized use of the Website and Parr Content and is a material breach of these Terms, which may result in sanctions, ranging from suspension or termination of your access to the Website to criminal and/or civil liability. Other violations of these Terms may also result in such actions and liability.
6. Content You Submit Using the Website
a. Ownership of and Right to Use User Content. If you choose to post any information, content, or comments (such information, content, and comments are referred to collectively in these Terms as “User Content”) to our blog or any other portion of the Website where it is readily apparent that the User Content will be publicly available, you consent to our posting and collection of such User Content, and you grant us permission to use (and to allow third parties to use) such User Content in connection with the operation of the Website and our business generally, including without limitation, for our advertising and marketing purposes. You grant us the unrestricted, worldwide, transferable, sublicensable, royalty-free, fully-paid up, and exclusive right and license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on your User Content; and to publish your name and city of residence in connection with your submitted User Content (though we are under no obligation to use your name or city of residence in connection with our use of your User Content, and we are under no obligation to give you any attribution or credit for such User Content). You acknowledge and agree that we may use the User Content you post to the Website in any media, now known or hereafter developed, without additional notice to you beyond this notice set forth here. No compensation will be paid with respect to the use of your User Content. We are under no obligation to post or use any User Content you may provide, and we may remove any such User Content at any time in our sole discretion. You acknowledge and agree that Parr may have something similar already under consideration or development, and Parr will own all right, title, and interest in and to what it creates or develops without use of your User Content.
Even though you grant us an exclusive license to use your User Content, you maintain ownership of the User Content (unless otherwise agreed by you in a different agreement with us), and you may continue to also copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on your User Content.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY USE OR MISUSE OF YOUR USER CONTENT BY ANY OTHER WEBSITE USER.
b. Conduct Relating to Your User Content. If you post User Content to our blog or other areas of the Website where it is readily apparent that the User Content will be publicly available:
- You are solely responsible for the User Content you post. You can edit or remove the User Content you post at any time. We may, but have no obligation to, remove any or all User Content that you post to the Website, but copies of User Content that you posted may remain in our storage media. We retain the right to make archival and back-up copies of and to store User Content you post (and drafts of User Content that you never actually post), indefinitely. You agree, however, that we have no responsibility or liability for the deletion of or failure to store or transmit this User Content.
- You must not post User Content for unlawful purposes or to promote illegal activities. If you do, your access to the Website may be suspended or terminated, and we may notify law enforcement authorities of your actions.
- You may not post User Content using any automated means. You must post User Content manually through all steps of the posting process. You may not develop, offer, market, sell, distribute, or provide an automated means to perform any step of the posting process.
- Parr may or may not pre-screen your User Content before it is posted, and Parr shall have the right, but not the obligation, in its sole discretion and without notice to you to refuse to post your User Content.
- Parr is not obligated to monitor the User Content posted to the Website. We reserve the right, however, to decide what to post and whether to remove any posts, without notice or liability to the user who posted the User Content or any other user.
- All comments must relate in some way to the post on which you are commenting.
- By posting, you represent and warrant that you have the right to share the User Content in your posts, and that our use of the User Content as allowed in these Terms and inclusion of the User Content on the Website, does not and will not infringe, misappropriate, or otherwise violate any third-party copyright, trademark, patent, trade secret, and any other proprietary right, privacy right, right of publicity, or other third-party right. You shall be solely responsible and liable for any damages resulting from any infringement, misappropriation, or other violation of any such third-party rights or any other harm resulting from your posting of User Content to the Website, and you agree to indemnify us according to Section 5(c) of these Terms.
- User Content posted to the Website is the responsibility of the users who post such User Content. This User Content may be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. The views and opinions expressed by users on the Website, if any, are not necessarily our views. We are not responsible for, we make no representations or warranties regarding, and we disclaim any and all responsibility and liability for the User Content posted to the Website. You acknowledge and agree that your reliance on the User Content will be at your own risk.
- In the event that Parr refuses to post your User Content to the Website or removes any User Content you posted for any reason, Parr reserves the right to disclose any such User Content as necessary to satisfy any applicable law, regulation, or governmental request.
- Because blogs are informal in nature, we may not identify our trademarks as such in all posts and comments; however, we continue to reserve all rights, titles, and interests in such trademarks, regardless of how they are used on the Website.
7. Accuracy of Parr Content
We attempt to provide Parr Content on the Website that is complete, accurate, and current (excluding User Content, for which we are not responsible). Despite our efforts, the Parr Content may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or timeliness of any Parr Content on the Website.
8. Infringement Policy
Parr will remove User Content posted to the Website if it believes in good faith that the User Content is infringing a copyrighted work. We will suspend and/or terminate access of users that we believe in good faith are repeat copyright infringers. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Please refer to Parr’s Digital Millennium Copyright Act Policy, located here https://parr.com/general/DMCA/, (“DMCA Policy”) for information regarding how to file or respond to a notice of infringement. Our DMCA Policy is incorporated into and made a part of these Terms by this reference, and your use of the Website constitutes your acknowledgement of and agreement to our DMCA Policy.
By submitting ideas, suggestions, enhancement requests, documents, and/or proposals (“Contributions”) to Parr through any suggestions or feedback areas on the Website or otherwise, you acknowledge and agree that: (i) Your Contributions do not contain the confidential or proprietary information of you or any third party; (ii) Parr is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Parr is entitled, but not obligated, to use or disclose (without notice or credit given to you) such Contributions for any purpose, in any manner, and in any media, now known or hereafter developed; (iv) Parr may have something similar to the Contributions already under consideration or development, and Parr will own all right, title, and interest in and to what it creates or develops without use of your Contributions; (v) you hereby assign to Parr all right, title, and interest in and to your Contributions (and all copyright, trademark, trade secret, and other intellectual property rights therein); and (vi) you are not entitled to compensation of any kind for your Contributions.
10. Ability to Agree to Terms; Intended Website Users; Children under Age Thirteen.
The Website is intended for adults only. By using the Website, you affirm that you (i) are eighteen (18) years of age or older, or that you are between the ages of thirteen (13) and seventeen (17) and possess legal parental consent or guardian consent to use the Website and provide information through the Website; and (ii) have authority to agree to these Terms and are competent and capable of understanding and complying with these Terms. Our Website, products, and services are all directed to people who are at least 13 years old or older. Parr does not and will not knowingly (i) collect personally-identifiable information of anyone under age 13 through the Website; (ii) permit submission of personally-identifiable information by anyone under age 13 through the Website; (iii) contact children under age 13 for marketing purposes; or (iv) sell products or services to children under age 13.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying some current providers of such protections is available at: http://kids.getnetwise.org and http://onguardonline.gov. We do not endorse any of the products or services listed at these sites. Further, this notice shall not constitute an admission by us that any content on our Website is harmful to minors.
13. No Warranty; Limitations of Liability. YOU USE THE WEBSITE AT YOUR OWN RISK. WE ARE PROVIDING THE WEBSITE, PARR CONTENT, ACCESS TO USER CONTENT, AND ALL OTHER INFORMATION AND MATERIALS OBTAINED ON AND/OR COMPRISING THE WEBSITE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE, PARR CONTENT, USER CONTENT, AND ALL OTHER INFORMATION AND MATERIALS OBTAINED ON AND/OR COMPRISING THE WEBSITE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SUITABILITY, TIMELINESS, RELIABILITY, SECURITY, NON-INFRINGEMENT, AND TITLE. WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE, PARR CONTENT, USER CONTENT, AND/OR ALL OTHER INFORMATION OR MATERIALS OBTAINED ON AND/OR COMPRISING THE WEBSITE WILL BE SAFE OR SECURE, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE. PARR IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEBSITE, OR THE INTERCEPTION OR LOSS OF ANY DATA TRANSMITTED TO OR FROM THE WEBSITE. WE MAKE NO REPRESENTATION OR WARRANTY THAT COMMUNICATIONS THROUGH THE WEBSITE WILL BE SECURE AND NOT INTERCEPTED BY A THIRD PARTY. PARR SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR FAILURE OF OR DAMAGE TO ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS OR INTERCEPTION OF DATA, THEFT, OR ERRORS. IF THE USER CONTENT YOU POST IS CONFIDENTIAL, DEFAMATORY, OR OTHERWISE VIOLATES THE RIGHTS OF THIRD PARTIES, YOU MAY BE LEGALLY RESPONSIBLE FOR DAMAGES, AND PARR SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE SAME.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PARAGRAPH OF THIS SECTION 13 OR ANY OTHER DISCLAIMERS OR LIMITATIONS OF LIABILITY IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PARR WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS; LOSS OF USE; LOSS OF DATA; LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE; OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE, OR ANY OTHER MATTER RELATING TO, THE WEBSITE, PARR CONTENT, USER CONTENT, OR OTHER INFORMATION OR MATERIALS ON AND/OR COMPRISING THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, PARR CONTENT, USER CONTENT, OR OTHER INFORMATION OR MATERIALS ON AND/OR COMPRISING THE WEBSITE IS TO STOP USING THE SAME.
THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 13 ARE A MATERIAL PART OF OUR AGREEMENT. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN TYPES OF DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL CIRCUMSTANCES, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO USE THE WEBSITE, IN THE THREE (3) MONTHS PRECEDING THE INCIDENT THAT GAVE RISE TO YOUR CLAIM. NOTWITHSTANDING THE FOREGOING SENTENCE, IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
IN AGREEING TO THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 13, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THE LIMITATIONS OF LIABILITY TO INCLUDE ONLY THOSE CLAIMS THAT YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THE LIMITATIONS OF LIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL CODE § 1542 (AND ANY SIMILAR LAWS IN OTHER JURISDICTIONS), WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
NO STATEMENTS, WHETHER ORAL OR WRITTEN, MADE BY ANY DIRECTOR, OFFICER, MEMBER, EMPLOYEE, OR AGENT OF PARR MAY BE DEEMED AS A REPRESENTATION OR WARRANTY ON BEHALF OF PARR IN CONTRADICTION TO THIS SECTION 13, OR ANY OTHER PROVISIONS OF THESE TERMS.
15. Parr’s Intellectual Property Rights
PARR LUMBER®, PARR™, THE PARR COMPANY®, THE PARR COMPANY & Design®, PARR CABINET OUTLET & DESIGN®, PARR CABINET DESIGN CENTER & Design™, PARR PRO®, PARR HIGH PERFORMANCE SYSTEM & Design®, PARR REWARDS & Design®, PARR MARKETING GROUP & Design®, BECAUSE WHAT YOU CAN’T SEE…REALLY DOES MATTER.®, BUY TODAY, INSTALL TOMORROW®, GET REAL! SUSTAINABLE. RECYCLED. EFFICIENT. & Design®, GO WHERE THE BUILDERS GO®, LANDMARK COLLECTION BY PARR CABINET OUTLET & Design®, NSC & Design®, NSCI NW STRUCTURAL COMPONENTS INSTALLATION & Design®, PLO®, PLO PARR LUMBER OPEN WEB FLOOR JOISTS & Design®, PROJECT BUDDY WWW.PARR.COM & Design®, PROVIDING SOLUTIONS TO YOUR CHALLENGES…®, QUALITY TRUSS A DIVISION OF NW STRUCTURAL COMPONENTS & Design®, SONATA STONE BY PARR CABINET OUTLET & Design®, THE FUTURE OF FRAMING IS HERE®, and other trademarks, service marks, and names appearing on the Website are registered or unregistered trademarks and service marks of Parr in the United States and other countries. Parr exclusively owns all right, title, and interest in and to these trademarks, service marks, and names. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of our trademark rights, and we may own other trademark rights. Your use of our trademarks, service marks, and names without our prior written consent is strictly prohibited. Without limiting the generality of the foregoing, you may not use Parr’s trademarks, service marks, or names in any meta-tags or other hidden text without the express written consent of Parr.
Product, service, and company names that appear on the Website that are not owned by us are subject to trademark or other rights of other parties.
Except for User Content, all Parr Content; the selection, arrangement, and presentation of all Parr Content (including information in the public domain); and the overall design, “look and feel,” color combinations, and other graphical elements of the Website are the exclusive property of Parr or its licensors or suppliers (collectively for purposes of this paragraph, the “Website Content”). Parr or its licensors or suppliers own all right, title, and interest in and to the Website Content, including without limitation all copyright, trademark, and other intellectual property and proprietary rights in and to the Website Content.
16. Linking to Other Websites
17. Audit Rights and Enforcement
Parr has the right, but not the obligation, at any time and with any frequency in its discretion, to audit your usage of the Website to determine your compliance with these Terms. Aside from this Section 17 of these Terms, Parr does not have to notify you again prior to any such audit of your Website usage. Parr has the right to enforce these Terms, for any reason and in any manner or by any means that Parr, in its sole discretion, deems necessary or appropriate (including without limitation automated and manual screening, blocking, filtering, and/or the deletion of Parr Content and User Content). Parr may cooperate with any legal process relating to your use of the Website and/or any third party claim that your use of the Website is unlawful or infringes, misappropriates, or otherwise violates any third party’s rights. Parr may, in its sole discretion and without additional notice to you, start, stop, or modify any regulation or enforcement measures at any time. Parr’s action or inaction to regulate content or conduct or to enforce any potential or actual violation of these Terms by any user does not waive Parr’s right to implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential or actual violation of these Terms.
18. Discontinuance and Modification; Termination
There is no guarantee that Parr will continue to offer or provide the Website, and Parr may simply suspend or discontinue the Website (or any part thereof) at any time for any reason and without notice to you. Parr has the right to remove any content from the Website or to modify the Website or any portion thereof.
You understand and agree that your access to the Website depends upon your compliance with these Terms. Parr may, in addition to all other rights and remedies, terminate your access to and use of the Website if you breach any provision of these Terms or if you access or use the Website in a manner that is not expressly authorized by Parr; in any manner that is in violation of laws, rules, or regulations; or in any manner that may harm Parr. Regardless of the cause or basis for termination, you agree that we shall not be liable for any such termination, and you are not entitled to compensation or damages of any kind as a result of the termination. Accessing the Website after such termination will constitute an act of trespass, among other potential claims.
19. Your Discontinued Use
You may discontinue use of the Website at any time. These Terms will continue to apply to all past use of the Website, even if you are no longer using the Website, whether voluntarily or because we terminated your access thereto.
20. Governing Law and Disputes
These Terms, and any dispute that may arise between you and Parr regarding the Website or any Parr Content or other information or materials on the Website, will be governed by the laws of the State of Oregon, USA, without regard to conflict-of-laws principles that might result in the application of the laws of any other jurisdiction. You hereby consent to the exclusive jurisdiction and venue of the federal, state, and local courts located in Portland, Oregon, USA, and you waive any jurisdictional, venue, or inconvenient forum objections thereto. You agree that any dispute arising between you and Parr under these Terms will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree to waive your right to a jury trial in connection with any action or litigation arising out of or related to these Terms. You further agree that, regardless of any statute or law to the contrary, you must file any claim or cause of action against Parr arising out of or relating to these Terms or your use of the Website within one (1) year after such claim or cause of action arose, or forever be barred.
To the extent you have in any manner violated or threatened to violate Parr’s intellectual property rights; disclosed or threatened to disclose any Parr confidential or proprietary information; violated or threatened to violate the security of any person, data, Parr servers, Parr networks, and/or the Website; and/or otherwise breached or threatened to breach these Terms, you acknowledge and agree that such violation or breach will cause immediate and irreparable harm to Parr, and, notwithstanding any other provision of these Terms, Parr shall be entitled to injunctive or other appropriate relief, including without limitation specific performance (without the posting of a bond or any other security and without proving monetary damages), and you agree that Parr may seek such relief in any court located in Oregon, USA.
These Terms do not create any partnership, joint venture, employer-employee, broker-dealer, agency, or franchise relationship between you and us. If any provision of the Terms is determined to be invalid, unenforceable, or illegal pursuant to applicable law, then the invalid, unenforceable, or illegal provision will be deemed superseded by a valid, enforceable, and legal provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect. The section headings are for convenience only and shall not be used to construe or interpret these Terms. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of Parr. No waiver of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without Parr’s express prior written consent. Parr may assign its rights and duties under these Terms to any party, at any time, and without notice to you, unless otherwise expressly stated in these Terms or required by law. Except as otherwise expressly stated, these Terms (and all policies incorporated into these Terms) constitute the entire agreement between you and Parr relating to the subject matter herein. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the Website, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. Parr reserves all rights not expressly granted in these Terms.
22. Contact Us
If you have any comments or questions about these Terms or the Website, please contact us at:
5630 Northwest Century Boulevard
Hillsboro, Oregon 97124
© 2013 Parr Lumber Company. All rights reserved.