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Terms of Service

1. Acceptance of Terms

Welcome to Sunnyvale Millwork!

We are Sunnyvale Millwork, LLC, a Texas limited liability company (“We”, “Us”, “SMW”, or the “Company”) and we offer www.sunnyvalemw.com (the “Site”) according to the Terms of Service (the “Terms” or “Terms of Service”) below, as well as our separate privacy policy (the “Privacy Policy”). Your use of this Site and the information, content, and services available through the Site are subject to the following Terms of Service. We reserve the right to modify these terms without notice. Your continued usage of the Site constitutes your acceptance of these Terms. If you do not agree to any of these Terms, please do not continue use of the Site. If you have questions about the Terms of Service, please contact us at: accounting@sunnyvalemw.com

2.General Terms

The Site is not intended for persons under 18. By using the Site, you are representing that you are at least 18 and are providing current and accurate information about yourself. We may prohibit any user from using the Site in its sole discretion at any time for any reason, and We are not liable for any damage or loss resulting from such prohibition. You are responsible for using the Site in a private and secure manner. You may not use the Site for any illegal activity or to violate laws in your jurisdiction. You may not use the Site to distribute unsolicited email (“spam”) or malicious content such as viruses or worms. You may not exploit the Site to access unauthorized information. Any abuse or threatened abuse of other users of the Site or of Company personnel will result in immediate account termination. The Company’s failure to enforce or exercise a right provided in these terms is not a waiver of that right. Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.

3. Limitations of Use

3.1 Eligibility

The Site and any Company information provided herein is available to you only to determine the availability of goods and services offered by SMW.. Unless authorized by SMW, you may not use information provided on this Site for any commercial use. You may not use the Site to make any speculative, fraudulent or false requests. SMW is not liable for information that is inaccurate due to technical defects in software used on our Site. If SMW notifies you that the manner in which you are using the Site is prohibited or unauthorized, you may no longer use the Site for that particular purpose and must immediately cease and desist from such use.

3.2 Ownership of Company Information

Information concerning SMW and its services, including project experience, customers, employees, text, graphics, button icons, audio and video clips, digital downloads, data compilations and logos, etc. is referred to as “Company Information.” SMW owns all copyrights, trademarks, service marks, and trade names related to our Company Information. All Company Information is proprietary to SMW.

3.3 Your Privacy

Your privacy is important to us. Our Privacy Policy is incorporated in this Agreement and subject to these Terms of Service. Consistent with the SMW Privacy Policy, we ask you to provide us with information when you use certain personalized services. You agree that when you provide such information, the information will be accurate. Under no circumstances will you provide false or misleading information. We agree to use this information in a manner consistent with our Privacy Policy. IN NO EVENT SHALL SMW, ITS AFFILIATED COMPANIES OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SMW WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE

4.Links to Other Sites

The SMW Site may have links to other websites which are not operated, controlled or maintained by SMW. SMW is not responsible for the content of such websites and cannot guarantee that such websites will not change without knowledge. The inclusion of such links on the Site does not imply the Company’s endorsement or approval of the linked sites or their content. If you navigate away from our web page by clicking on an unaffiliated website link, you do so at your own risk and you should be aware that our Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any site to which you navigate from our Site or relating to any applications you use or install from another site.

4.2  Warranties and Disclaimers

SMW does not guarantee any information provided on this Site to be true. We assume no responsibility or liability for any content or information on this Site. The information on this Site is presented “as-is” and SMW is not liable for any damages as a result from the use of the Site. SMW also does not guarantee that the Site is error free. SMW hereby represents and warrants that use of the Site as contemplated herein will not infringe on the rights of any third parties or violate any applicable laws or regulations, including, without limitation copyright, trademark and patent laws. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, SMW MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. SMW DOES NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND THE USER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. SMW also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to use, of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

5. Limitation of Liability and Damages

WHEN PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL SMW OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF SMW OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE IDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL SMW’ OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO SMW HEREUNDER.

6. Jurisdiction; Choice of Law and Forum

This Site is operated by SMW in the United States and SMW makes no warranty that the materials and content on the Site are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for local laws, if and to the extent that local laws are applicable. Any cause of action you may have hereunder or with respect to your use of the Site must be commenced by filing suit in Denton County, Texas, within one (1) year after the incident upon which the claim or cause of action is based first occurred. By using the Site, you irrevocably consent that any cause of action you may submit in connection with your use of the Site or pursuant to these Terms will be filed in the state or federal courts in Denton County, Texas, which you acknowledge, consent, and agree will be the exclusive forum and venue for any legal dispute between you and us. You also agree that any dispute between you and us will be governed by the laws of the State of Texas, without regard to conflict of laws principles.

7. About these Terms of Service

We may modify these Terms of Service as necessary to reflect updates to the Site, www.sunnyvalemw.com, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept the changes in the terms, you should discontinue your use of the Site. These Terms create an agreement between Us and You. They do not create any third-party beneficiary rights. Waiver of any remedy for a breach of these Terms does not prevent us from taking action in the future. The unenforceability of a single provision shall not affect the enforceability of the remainder of these Terms. BY VISITING OR USING THIS SITE, OR ANY PAGE OF THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND SUNNYVALE MILLWORK LLC. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS SITE.