Welcome
to our Website. By using
our site, you are agreeing
to comply with and be
bound by the following
terms of use. Please
review the following
terms carefully. If
you do not agree to
these terms, you should
not use this site. The
term “RC Shaheen
Paint and Decorating
Centers.com” or
“RC Shaheen”
or “us”
or “we”
or “our”
refers to RC Shaheen,
the owner of the Web
Site. The term “you”
refers to the user or
viewer of our Web Site.
1.
Acceptance of Agreement.
You
agree to the terms and conditions outlined
in this Terms of Use Agreement ("Agreement")
with respect to our site (the "Site").
This Agreement constitutes the entire and
only agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations,
warranties and understandings with respect
to the Site, the content, products or services
provided by or through the Site, and the subject
matter of this Agreement. This Agreement may
be amended at any time by us from time to
time without specific notice to you. The latest
Agreement will be posted on the Site, and
you should review this Agreement prior to
using the Site.
2.
Copyright.
The
content, organization, graphics, design, compilation,
magnetic translation, digital conversion and
other matters related to the Site are protected
under applicable copyrights, trademarks and
other proprietary (including but not limited
to intellectual property) rights. The copying,
redistribution, use or publication by you
of any such matters or any part of the Site,
except as allowed by Section 4 below, is strictly
prohibited. You do not acquire ownership rights
to any content, document or other materials
viewed through the Site. The posting of information
or materials on the Site does not constitute
a waiver of any right in such information
and materials. Some of the content on the
site is the copyrighted work of third parties.
3.
Service Marks.
“RC Shaheen Paint and Decorating Centers.com"
and others are our service marks or registered
service marks or trademarks. Other product
and company names mentioned on the Site may
be trademarks of their respective owners.
4.
Limited License; Permitted Uses.
You
are granted a non-exclusive, non-transferable,
revocable license (a) to access and use the
Site strictly in accordance with this Agreement;
(b) to use the Site solely for internal, personal,
non-commercial purposes; and (c) to print
out discrete information from the Site solely
for internal, personal, non-commercial purposes
and provided that you maintain all copyright
and other policies contained therein. No print
out or electronic version of any part of the
Site or its contents may be used by you in
any litigation or arbitration matter whatsoever
under any circumstances.
5.
Restrictions and Prohibitions on Use.
Your
license for access and use of the Site and
any information, materials or documents (collectively
defined as “Content and Materials”)
therein are subject to the following restrictions
and prohibitions on use: You may not (a) copy,
print (except for the express limited purpose
permitted by Section 4 above), republish,
display, distribute, transmit, sell, rent,
lease, loan or otherwise make available in
any form or by any means all or any portion
of the Site or any Content and Materials retrieved
therefrom; (b) use the Site or any materials
obtained from the Site to develop, of as a
component of, any information, storage and
retrieval system, database, information base,
or similar resource (in any media now existing
or hereafter developed), that is offered for
commercial distribution of any kind, including
through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism;
(c) create compilations or derivative works
of any Content and Materials from the Site;
(d) use any Content and Materials from the
Site in any manner that may infringe any copyright,
intellectual property right, proprietary right,
or property right of us or any third parties;
(e) remove, change or obscure any copyright
notice or other proprietary notice or terms
of use contained in the Site; (f) make any
portion of the Site available through any
timesharing system, service bureau, the Internet
or any other technology now existing or developed
in the future; (g) remove, decompile, disassemble
or reverse engineer any Site software or use
any network monitoring or discovery software
to determine the Site architecture; (h) use
any automatic or manual process to harvest
information from the Site; (i) use the Site
for the purpose of gathering information for
or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers,
invalid or nonexistent domain names, or other
means of deceptive addressing; and (3) unsolicited
telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates
any state or federal law regulating email,
facsimile transmissions or telephone solicitations;
and (k) export or re-export the Site or any
portion thereof, or any software available
on or through the Site, in violation of the
export control laws or regulations of the
United States.
6.
Forms, Agreements & Documents.
We
may make available through the Site or through
other Web sites sample and actual forms, checklists,
business documents and legal documents (collectively,
“Documents”). All Documents are
provided on a non-exclusive license basis
only for your personal one-time use for non-commercial
purposes, without any right to re-license,
sublicense, distribute, assign or transfer
such license. Documents are provided for a
charge and without any representations or
warranties, express or implied, as to their
suitability, legal effect, completeness, currentness,
accuracy, and/or appropriateness. THE DOCUMENTS
ARE PROVIDED “AS IS”, “AS
AVAILABLE”, AND WITH “ALL FAULTS”,
AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM
ANY WARRANTIES, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. The Documents may
be inappropriate for your particular circumstances.
Furthermore, state laws may require different
or additional provisions to ensure the desired
result. You should consult with legal counsel
to determine the appropriate legal or business
documents necessary for your particular transactions,
as the Documents are only samples and may
not be applicable to a particular situation.
Some Documents are public domain forms or
available from public records.
7.
No Legal Advice or Attorney-Client Relationship.
Information
contained on or made available through the
Site is not intended to and does not constitute
legal advice, recommendations, mediation or
counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant
or guarantee the accurateness, completeness,
adequacy or currency of the information contained
in or linked to the Site. Your use of information
on the Site or materials linked to the Site
is entirely at your own risk. We are not a
law firm and the Site is not a lawyer referral
service.
8.
Linking to the Site.
You
may provide links to the Site, provided (a)
that you do not remove or obscure, by framing
or otherwise, advertisements, the copyright
notice, or other notices on the Site, (b)
your site does not engage in illegal or pornographic
activities, and (c) you discontinue providing
links to the Site immediately upon request
by us.
9.
Advertisers.
The
Site may contain advertising and sponsorships.
Advertisers and sponsors are responsible for
ensuring that material submitted for inclusion
on the Site is accurate and complies with
applicable laws. We are not responsible for
the illegality or any error, inaccuracy or
problem in the advertiser’s or sponsor’s
materials.
10.
Registration.
Certain
sections of, or offerings from, the Site may
require you to register. If registration is
requested, you agree to provide us with accurate,
complete registration information. Your registration
must be done using your real name and accurate
information. Each registration is for your
personal use only and not on behalf of any
other person or entity. We do not permit (a)
any other person using the registered sections
under your name; or (b) access through a single
name being made available to multiple users
on a network. You are responsible for preventing
such unauthorized use.
11.
Errors, Corrections and Changes.
We
do not represent or warrant that the Site
will be error-free, free of viruses or other
harmful components, or that defects will be
corrected. We do not represent or warrant
that the information available on or through
the Site will be correct, accurate, timely
or otherwise reliable. We may make changes
to the features, functionality or content
of the Site at any time. We reserve the right
in our sole discretion to edit or delete any
documents, information or other content appearing
on the Site.
12.
Third Party Content.
Third
party content may appear on the Site or may
be accessible via links from the Site. We
are not responsible for and assume no liability
for any mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography
or profanity in the statements, opinions,
representations or any other form of content
on the Site. You understand that the information
and opinions in the third party content represent
solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect
our belief.
13.
Unlawful Activity.
We
reserve the right to investigate complaints
or reported violations of this Agreement and
to take any action we deem appropriate, including
but not limited to reporting any suspected
unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing
any information necessary or appropriate to
such persons or entities relating to your
profile, email addresses, usage history, posted
materials, IP addresses and traffic information.
14.
Indemnification.
You
agree to indemnify, defend and hold us and
our partners, agents, officers, directors,
employees, subcontractors, successors, assigns,
third party suppliers of information and documents,
attorneys, advertisers, product and service
providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability,
loss, claim and expense, including reasonable
attorney's fees, related to your violation
of this Agreement or use of the Site.
15.
Nontransferable.
Your
right to use the Site is not transferable
or assignable. Any password or right given
to you to obtain information or documents
is not transferable or assignable.
16.
Disclaimer.
THE
INFORMATION, CONTENT AND DOCUMENTS FROM OR
THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," WITH “ALL
FAULTS”, AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT
NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE, EXCEPT
AS PROVIDED IN SECTION 17(b). IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
AND LIMITATION OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN US AND YOU. THIS SITE AND
THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
ALL
RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC
FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
17.
Limitation of Liability.
(a)
We and any Affiliated Party shall not be liable
for any loss, injury, claim, liability, or
damage of any kind resulting in any way from
(a) any errors in or omissions from the Site
or any services or products obtainable therefrom,
(b) the unavailability or interruption of
the Site or any features thereof, (c) your
use of the Site, (d) the content contained
on the Site, or (e) any delay or failure in
performance beyond the control of a Covered
Party.
(b)
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED
PARTIES IN CONNECTION WITH ANY CLAIM ARISING
OUT OF OR RELATING TO THE SITE AND/OR THE
PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES
PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED
$100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL
OTHER REMEDIES WHICH YOU MAY HAVE AGAINST
US AND ANY AFFILIATED PARTY.
18.
Use of Information.
We
reserve the right, and you authorize us, to
the use and assignment of all information
regarding Site uses by you and all information
provided by you in any manner consistent with
our Privacy Policy. All remarks, suggestions,
ideas, graphics, or other information communicated
by you to us (collectively, a "Submission")
will forever be our property. We will not
be required to treat any Submission as confidential,
and will not be liable for any ideas (including
without limitation, product, service or advertising
ideas) and will not incur any liability as
a result of any similarities that may appear
in our future products, services or operations.
Without limitation, we will have exclusive
ownership of all present and future existing
rights to the Submission of every kind and
nature everywhere. We will be entitled to
use the Submission for any commercial or other
purpose whatsoever, without compensation to
you or any other person sending the Submission.
You acknowledge that you are responsible for
whatever material you submit, and you, not
us, have full responsibility for the message,
including its legality, reliability, appropriateness,
originality, and copyright.
19.
Third-Party Services.
We
may allow access to or advertise certain third-party
product or service providers ("Merchants")
from which you may purchase certain goods
or services. You understand that we do not
operate or control the products or services
offered by Merchants. Merchants are responsible
for all aspects of order processing, fulfillment,
billing and customer service. We are not a
party to the transactions entered into between
you and Merchants. You agree that use of or
purchase from such Merchants is AT YOUR SOLE
RISK AND IS WITHOUT WARRANTIES OF ANY KIND
BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANT ABILITY OR NON-INFRINGEMENT. UNDER
NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES
ARISING FROM THE TRANSACTIONS BETWEEN YOU
AND MERCHANTS OR FOR ANY INFORMATION APPEARING
ON MERCHANT SITES OR ANY OTHER SITE LINKED
TO OUR SITE.
20.
Third-Party Merchant Policies.
All
rules, policies (including privacy policies)
and operating procedures of Merchants will
apply to you while on any Merchant sites.
We are not responsible for information provided
by you to Merchants. We and the Merchants
are independent contractors and neither party
has authority to make any representations
or commitments on behalf of the other.
21.
Privacy Policy.
Our
Privacy Policy, as it may change from time
to time, is a part of this Agreement. You
must review this Privacy Policy by clicking
on this link.
22.
Payments.
You
represent and warrant that if you are purchasing
something from us or from Merchants that (i)
any credit information you supply is true
and complete, (ii) charges incurred by you
will be honored by your credit card company,
and (iii) you will pay the charges incurred
by you at the posted prices, including any
applicable taxes.
23.
Securities Laws.
The
Site may include statements concerning our
operations, prospects, strategies, financial
condition, future economic performance and
demand for our products or services, as well
as our intentions, plans and objectives (particularly
with respect to product and service offerings),
that are forward-looking statements. These
statements are based upon a number of assumptions
and estimates which are subject to significant
uncertainties, many of which are beyond our
control. When used on our Site, words like
"anticipates," "expects,"
"believes," "estimates,"
"seeks," "plans," "intends,"
"will" and similar expressions are
intended to identify forward-looking statements
designed to fall within securities law safe
harbors for forward-looking statements. The
Site and the information contained herein
does not constitute an offer or a solicitation
of an offer for sale of any securities. None
of the information contained herein is intended
to be, and shall not be deemed to be, incorporated
into any of our securities-related filings
or documents.
24.
Links to other Web Sites.
The
Site contains links to other Web sites. We
are not responsible for the content, accuracy
or opinions express in such Web sites, and
such Web sites are not investigated, monitored
or checked for accuracy or completeness by
us. Inclusion of any linked Web site on our
Site does not imply approval or endorsement
of the linked Web site by us. If you decide
to leave our Site and access these third-party
sites, you do so at your own risk.
25.
Copyrights and Copyright Agents.
We
respect the intellectual property of others,
and we ask you to do the same. If you believe
that your work has been copied in a way that
constitutes copyright infringement, please
provide our Copyright Agent the following
information:
a.
An electronic or physical signature of the
person authorized to act on behalf of the
owner of the copyright interest;
b. A description of the copyrighted work that
you claim has been infringed;
c. A description of where the material that
you claim is infringing is located on the
Site;
d. Your address, telephone number, and email
address;
e. A statement by you that you have a good
faith belief that the disputed use is not
authorized by the copyright owner, its agent,
or the law; and
f. A statement by you, made under penalty
of perjury, that the above information in
your Notice is accurate and that you are the
copyright owner or authorized to act on the
copyright owner's behalf.
Our Copyright Agent for Notice of claims of
copyright infringement on the Site can be reached
by directing an e-mail to the Copyright Agent
at: Admin at RC Shaheen Paint and Decorating Centers.com
26.
Information and Press Releases.
The
Site contains information and press releases
about us. We disclaim any duty or obligation
to update this information or any press releases.
Information about companies other than ours
contained in the press release or otherwise,
should not be relied upon as being provided
or endorsed by us.
27.
Legal Compliance.
You
agree to comply with all applicable domestic
and international laws, statutes, ordinances
and regulations regarding your use of the
Site and the Content and Materials provided
therein.
28.
Refund and Return Policy.
To
the extent that you purchase any goods or
services directly from us, we will refund
you your purchase price within 30 days of
you notifying us in writing of your desire
for the refund, together with the reason for
the request, with the product or service returned
to us in substantially the same condition
as when purchased. Please note , however,
that certain products and services mentioned
on our site are sold by third parties or are
linked to third party Web sites, and we have
no responsibility or liability for those products
or services. You may request a refund by contacting
us by email at: Admin at RC Shaheen Paint and Decorating Centers.com.
You may obtain any additional information
concerning our refund and return policy, including
our mailing address, by contacting us at:
Admin at RC Shaheen Paint and Decorating Centers.com.
29.
Miscellaneous.
This
Agreement shall be treated as though it were
executed and performed in Rochester, New York,
and shall be governed by and construed in
accordance with the laws of the State of New
York (without regard to conflict of law principles).
Any cause of action by you with respect to
the Site (and/or any information, Documents,
products or services related thereto) must
be instituted within one (1) year after the
cause of action arose or be forever waived
and barred. All actions shall be subject to
the limitations set forth in Section 16 and
Section 17. The language in this Agreement
shall be interpreted as to its fair meaning
and not strictly for or against any party.
This Agreement and all incorporated agreements
and your information may be automatically
assigned by us in our sole discretion to a
third party in the event of an acquisition,
sale or merger. Should any part of this Agreement
be held invalid or unenforceable, that portion
shall be construed consistent with applicable
law and the remaining portions shall remain
in full force and effect. To the extent that
anything in or associated with the Site is
in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our
failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision
nor of the right to enforce such provision.
Our rights under this Agreement shall survive
any termination of this Agreement.
30.
Arbitration.
Any
legal controversy or legal claim arising out
of or relating to this Agreement or our services,
excluding legal action taken by us to collect
or recover damages for, or obtain any injunction
relating to, Site operations, intellectual
property, and our services, shall be settled
solely by binding arbitration in accordance
with the commercial arbitration rules of JAMS.
Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy
of any other party. The arbitration shall
be conducted in Rochester, New York, and judgment
on the arbitration award may be entered into
any court having jurisdiction thereof. Either
you or us may seek any interim or preliminary
relief from a court of competent jurisdiction
in Rochester, New York necessary to protect
the rights or property of you and us pending
the completion of arbitration. Each party
shall bear one-half of the arbitration fees
and costs incurred through JAMS
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