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 TERMS AND CONDITIONS OF USE

Following are the terms and conditions governing use of the Alpine Overhead Doors, Inc. website by any Person.

Definitions:

In these terms and conditions, the following terms have the following meanings:

Alpine, we and us mean Alpine Overhead Doors, Inc.

Materials means the materials (including all information, content, descriptions, text, documents, logos, graphics, photographs, video clips, images, button icons, sounds, audio clips, musical recordings, code, software and other items) on this Website.

Person or person means any individual or any corporation, partnership, limited liability company or other entity.

Terms of Use means these Terms and Conditions of Use.

Website or this Website means the Alpine site on the World Wide Web on which these Terms of Use appear (including all Materials on such site).

You or you means any Person who or which accesses this Website.

Please Read These Terms of Use Carefully Before Using this Website. By using this Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not use this Website. You should read these Terms of Use carefully before using this Website. These Terms of Use may be revised at any time. Any revisions shall automatically become effective when posted on this Website. You should review these Terms of Use whenever you access this Website, because each time you do so you will be bound by these Terms of Use as then in effect.

Alpine’s Rights in Materials; Restrictions on the Use of Materials. All Materials are the property of, or are licensed to, Alpine or its affiliates and are protected by United States and international copyright, trademark, service mark and other laws, and all rights thereto are specifically reserved. The compilation of the Materials (meaning the collection, arrangement and assembly of the Materials) is the exclusive property of Alpine or its affiliates and is protected by United States and other copyright laws. Permission is granted to electronically copy and print hard copies of pages from this Website solely for personal, non-commercial purposes, and any such copies must bear the copyright notice included on each page of this Website. Any other use of this Website or of any Materials is strictly prohibited without the prior written consent of Alpine. In addition to violating these Terms of Use, any unauthorized use of the Materials may violate copyright, trademark, patent and other United States and other laws.

Proprietary Intellectual Property Rights. The words and names “Alpine”, “Alpine Overhead Doors, Inc.” and “Alpine Overhead Doors”, the Alpine logo and the other Alpine product trademarks, service marks, trade names, service names, logos, commercial symbols and slogans on this Website are[registered] trademarks, service marks, trade names and service namesand of, and are the property of, Alpine. You are prohibited from using any of Alpine’s marks, names, logos, symbols or slogans appearing on this Website and any colorable imitations of any of the same in any manner or for any purpose without the prior written consent of Alpine. The other marks, names, logos, commercial symbols and slogans shown on this Website may be owned by third parties that are not affiliated with Alpine or its affiliated companies. Such marks appear for identification purposes only and are the property of their respective owners. Nothing in or on this Website should be construed as granting, by implication, estoppel or otherwise, any permission, license or right to use any trademark, service mark, trade name, service name or other mark, name, logo, symbol or slogan displayed on this Website without the written permission of Alpine or the third party that may own the same. Alpine prohibits, without Alpine’s prior written consent, the use of any Alpine name, logo or mark as a hyperlink to this Website or any other Alpine website.

Without limiting the generality of the foregoing, following is a list of [registered]registered trademarks held by Alpine. This list is provided for informational purposes only and may not contain all of Alpine’s [registered]registered trademarks.

  • Alpine®
  • Alpine Overhead Doors®
  • Alpine Overhead Doors, Inc. ®
  • Alpine Loc-Tite®
  • Aluma-Vision®
  • Auto-Fire-Tite®
  • Auto-Fire-Shut®
  • Counter-Vision®
  • Dawn-4-Door ®
  • Fire-Storm®
  • Fire-Shut®
  • Fire-Tite®
  • Insul-Atmos®
  • Insul-Sound®
  • Insul-Vapor®
  • Mall-Dawn®
  • Redi-Central®
  • Redi-Form®
  • Redi-Hoist®
  • Redi-Lift®
  • Redi-Master®
  • Redi-Midget®
  • Redi-Release®
  • Redi-Reset®
  • Redi-Storm®
  • Redi-Test-Panel®
  • Redi-Tube®
  • Serv-Dawn®
  • Steel-Vision®
  • Storm-Grille®
  • Storm-Vision®
  • Vibra-Sulation®
  • Wind-Tite®Alpine
  • Alpine Loc-Tite
  • Aluma-Vision
  • Auto-Fire-Tite
  • Auto-Fire-Shut
  • Counter-Vision
  • Dawn 4 Door
  • Fire-Storm
  • Fire-Shut
  • Fire-Tite
  • Insul-Atmos
  • Insul-Sound
  • Insul-Vapor
  • Mall-Dawn
  • Redi-Central
  • Redi-Form
  • Redi-Hoist
  • Redi-Lift
  • Redi-Master
  • Redi-Midget
  • Redi-Release
  • Redi-Reset
  • Redi-Storm
  • Redi-Test-Panel
  • Redi-Tube
  • Serv-Dawn
  • Steel-Vision
  • Storm-Grille
  • Storm-Vision
  • Vibra-Sulation
  • Wind-Tite

Neither any of these trademarks, service marks, trade names, service names, logos, commercial symbols or slogans, nor any colorable imitations of any of the same, may be used in any manner or for any purpose without the prior written consent of Alpine. Nothing contained on this Website shall be construed as conferring in any manner any license or right under the proprietary rights of Alpine or any other Person.

In addition, this Website and/or certain of its elements (including certain of the Materials) may be covered by one or more patents or pending patent applications of Alpine.

In addition to violating these Terms of Use, any use of this Website in a manner that violates any of Alpine’s or its offices’ intellectual property rights may violate copyright, trademark, patent and other United States and other laws.

Linked Sites. Neither Alpine nor any of its affiliates makes any representations or warranties about any website you may access through this Website. Any such website is independent of and from Alpine and this Website, and Alpine has no control over, or responsibility for or with respect to, the information provided or activities undertaken in any such website. A link between this Website and any other website does not mean that Alpine endorses that other website. You should make your own independent decisions regarding your interactions or communications with any other website that is linked to this Website.

Disclaimer. THE MATERIALS AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALPINE, ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, DISTRIBUTORS, DEALERS, AND CONTRACTORS OF EACH, AND THEIR RESLECTIVE SUCCESSORS AND ASSIGNS, SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED HERETO. THIS LIMITATION APPLIES TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF ALPINE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR OF LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF THE EXCLUSIONS SET FORTH ABOVE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF ALPINE, ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, DISTRIBUTORS, DEALERS, AND CONTRACTORS OF EACH, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, TO YOU FOR ANY SUCH DAMAGES FOR ALL CLAIMS ARISING FROM THE ACCESSING AND/OR USE OF THIS WEBSITE AND THE MATERIALS SHALL BE LIMITED TO U.S. $100.00.

Pricing Information. Prices posted on this Website reflect Alpine’s suggested retail prices and may differ from the prices advertised or charged by Alpine’s authorized dealers. Although Alpine makes every effort to provide accurate pricing information on this Website, errors may occur. Prices and availability are subject to change without notice.

Prohibited Uses. You shall not access or use this Website or the Materials in any of the following manners or for any of the following purposes:

(a) To violate or attempt to violate the security or integrity of this Website or the Materials or to interfere or attempt to interfere with the proper operation of this Website or with any other Person’s access to or use of this Website or the Materials.

(b) For any purpose that violates any Federal, state, local or foreign law, regulation or ordinance.

(c) In any manner that may infringe upon any copyright, trademark, service mark, trade name service name, patent, trade secret or other intellectual property right of Alpine or any other any Person.

(d) For purposes of fraud or deceit.

(e) To impersonate any Person or to misrepresent any affiliation with any Person.

(f) To download or transmit any Materials that you do not have a right to download or transmit.

(g) To access any server, account or data that you are not authorized to access.

(h) To upload or transmit anything that contains corrupted data or that contains a virus, Trojan horse, worm, time bomb or cancelbot, or any other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate all or any part of this Website, the Materials or any other system, data or information.

(i) To decipher, decompile, disassemble or reverse engineer this Website or any Materials or to attempt to do so.

(j) To libel, slander or otherwise defame any Person.

(k) To transmit any information or material that is offensive, in breach of any confidence or confidential relationship, or that is otherwise objectionable.

(l) To upload or distribute any private information of any third party without obtaining approval from such third party.

Governing Law and Jurisdiction. This Website is controlled and operated by Alpine from its offices within the State of New York, United States. Any claim relating to this Website or the Materials, or your use of any or all of the same, shall be governed by the substantive laws of the State of New York, United States, or the applicable federal laws of the United States of America, without giving effect to any principles of conflicts of laws and without giving effect to any other laws or treaties that might otherwise be applicable. You and Alpine hereby agree that any action or proceeding arising under these Terms of Use may be brought in, and may be brought only in, a state or federal court sitting in Suffolk County, New York, United States, and that any such court in which any such action or proceeding shall be brought shall have personal jurisdiction over you and Alpine.

Partial Invalidity. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Waivers; Entire Agreement, Amendments. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and Alpine with respect to the use of this Website and the Materials. No changes to these Terms of Use shall be made except by a revised posting on this Website.

Reservation of Rights. Any and all rights not expressly granted herein are reserved by Alpine. You may not access, download, use or export the Materials in violation any United States federal, state or local laws (including, without limitation, any United States export laws or regulations).

Notice Regarding Accessing Website from Outside of the United States. This Website is intended for use by Persons within the United States. Alpine makes no claims that this Website or any of its contents may be lawfully viewed or otherwise accessed outside of the United States. Access to this Website or its contents may not be legal by certain Persons or in certain countries. If you access this Website from outside of the United States, you do so at your own risk as to the legality of such access and you assume responsibility for compliance with, and you agree that in accessing and using this Website and the Materials you will comply with, all applicable laws and regulations of your jurisdiction(s).


Copyright © 2005 by Alpine Overhead Doors, Inc.
All rights reserved, including the right of reproduction in whole or in part in any form.