THIS PAGE STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THIS INTERNET SITE. PLEASE READ THESE PAGES CAREFULLY, IF YOU DO NOT ACCEPT ALL TERMS AND CONDITIONS STATED HERE, YOU MAY NOT, AND ARE NOT AUTHORIZED, TO USE THIS SITE. DANIELLE FENCE MFG. CO., INC. MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THE TERMS AND CONDITIONS BECAUSE THEY ARE BINDING TO YOU WHEN YOU USE THIS SITE.
Limited License to Use- Danielle Fence Mfg. Co., Inc., a Florida-based company, hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access and use www.DanielleFence.com. online service and all public pages of the www.DanielleFence.com domain (the “Internet Site”) operated by Danielle Fence Mfg. Co., Inc. provided, and expressly conditioned upon, your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Terms and Conditions of Use Agreement (this agreement). You hereby acknowledge and agree as follows:
Internet Site- The term Internet Site shall be deemed to include all areas, pages, and any subscription or any other software, product, service, plan, data, or information provided by Danielle Fence Mfg. Co., Inc. or third-parties (collectively referred to herein as “Information”) on the DanielleFence.com Internet Domain. From time to time, Danielle Fence Mfg. Co. Inc., and DanielleFence.com may display or allow third parties to display information on the Internet Site, including, but not limited to, plans for home improvement projects, referrals or recommendations of contractors or other vendors, product guides, residential home mortgage information, and other Information pertaining to the construction, maintenance or improvement of the home and garden. Danielle Fence Mfg. Co., Inc. does not guarantee the availability, accuracy or reliability of any such information or endorse the products or services of any third party. Danielle Fence Mfg. Co., Inc. shall not be liable, directly or indirectly, for any loss or damage arising out of your use or reliance upon any of the Information or the products are featured on the Internet Site, regardless of whether the Information was created by Danielle Fence Mfg. Co., Inc. or a third party.
Ownership and Use- Copyright 1999-2020 Danielle Fence Mfg. Co., Inc. All rights reserved. The information is the exclusive property of Danielle Fence Mfg. Co., Inc. or its licensors, and nothing in the agreement or on the Internet Site shall be construed Danielle Fence Mfg. Co., Inc. as transferring or assigning any such ownership rights to you or any other person or entity. Contract law and various intellectual property laws, including domestic and international copyright laws, protect the information. Except as expressly permitted by this agreement, you may not copy, adapt, distribute, commercially exploit, or publicly display the information or any portion thereof in any manner whatsoever without prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the information. Danielle Fence Mfg. Co., Inc. and its associated logos, and all page headers, marks trade names, custom graphics, buttons and Icons on the Internet Site are service marks, trademarks, or copyrighted materials of Danielle Fence Mfg. Co., Inc. or its licensors. You may store in the memory of your computer and may manipulate, analyze, reformat, print and/or display for your use only the information received or accessed through the Internet Site pursuant to this Agreement. You may not re-sell, redistribute, broadcast or transfer the information or use the information in searchable, machine-readable database or file. Unless separately and specifically authorized in writing by Danielle Fence Mfg. Co., Inc., you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Internet Site, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity. You agree to use the Internet Site and information for lawful purposes only. You agree not to post or transmit any information through the Internet Site which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by copyright, trademark or another proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement or copyright, trademark or other proprietary right or any other harm resulting from any uploading, posting, or submission.
You hereby grant to Danielle Fence Mfg. Co., Inc. and its affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any messages posted on the Internet Site or any email sent by Danielle Fence Mfg. Co., Inc.(in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed.
Danielle Fence Mfg. Co., Inc. may add, withdraw or modify information within the Internet Site or services provided through the Internet Site at any time in its sole discretion. You agree to review the terms and conditions of this agreement periodically to be aware of such revisions.
Linking to Internet Site- You may not link to any page within the Internet Site without prior written authorization of Danielle Fence Mfg. Co., Inc. You may not use any of Danielle Fence Mfg. Co., Inc. of its licensor’s proprietary logos, marks or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Danielle Fence Mfg. Co., Inc.; 2) cause confusion, mistake, or deception; 3) dilute Danielle Fence Mfg. Co., Inc. or its licensors trademarks, service marks or other intellectual property; or 4) otherwise violate state or federal law.
Service Delays- Neither Danielle Fence Mfg. Co., Inc. nor any of its licensors (including its partners, officers, directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Danielle Fence Mfg. Co., Inc. shall have no responsibility to provide you access to the Internet Site.
Monitoring- You acknowledge that Danielle Fence Mfg. Co., Inc. reserves the right to and may from time to time, monitor any and all information transmitted or received through the Internet Site. Danielle Fence Mfg. Co., Inc, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt or any information which Danielle Fence Mfg. Co., Inc. deems inappropriate (such as that specified in Section 3) or that violates any term or condition of this Agreement. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of this Internet Site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of the Internet Site will be prosecuted to the full extent of the law.
Equipment and Operation- You shall provide and maintain all telephone and other equipment necessary to access the Internet Site and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment. Danielle Fence Mfg. Co., Inc. reserves the right to refuse assistance or to charge additional fees if you seek assistance from Danielle Fence Mfg. Co., Inc. with respect to such information or any other matters not directly related to the operation of the Internet Site.
Limited Warranty and Liability- You acknowledge that the information and links provided through the Internet Site are compiled from sources which are beyond Danielle Fence Mfg. Co., Inc. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and Danielle Fence Mfg. Co., Inc. and its licensors do not warrant the accuracy or suitability of the information. YOU ACKNOWLEDGE AND AGREE THAT THE INTERNET SITE AND INFORMATION IS PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. DANIELLE FENCE MFG. CO., INC.AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING ANDY ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, DANIELLE FENCE MFG. CO., INC.AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE INTERNET SITE OR THE INFORMATION WILL MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS. Under this agreement, you assume all risk of errors and/or omissions in the information, including the transmission of translation of information. You assume full responsibility for implementing sufficient procedures and check to satisfy your requirements for the accuracy and suitability of the information and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided under this agreement. YOU AGREE THAT DANIELLE FENCE MFG. CO., INC.AND ITS LICENSORS (INCLUDING ITS AND THEIR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE INTERNET SITE OR THE INFORMATION FOR ANY PURPOSE WHATSOEVER.
Viruses- You acknowledge and agree that Danielle Fence Mfg. Co., Inc. will use reasonable efforts to assure that no viruses or programs with similar functions operate on, or are passed through the Internet Site or the information. However, you hereby assume all responsibility (and thereby hold Danielle Fence Mfg. Co., Inc. harmless), by whatever means you deem most appropriate for your needs for detecting and eradicating any virus or program with a similar function.
FTC Notice- SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Indemnification- YOU AGREE TO AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS DANIELLE FENCE MFG. CO., INC.AND ITS LICENSORS (INCLUDING ITS AND THEIR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) AGAINST ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE PARTIES TO THIS AGREEMENT ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF THE INTERNET SITE, INCLUDING THE INFORMATION OBTAINED THROUGH THE INTERNET SITE AND ANY LOSSES, COSTS, DAMAGES, PERSONAL INJURY OR OTHER EXPENSES ARISING OUT OF YOUR USE OF THIS INTERNET SITE, OR YOUR USE OF OR RELIANCE UPON THE INFORMATION.
Privacy- Danielle Fence Mfg. Co., Inc. does not collect any personal information about you except when you expressly provide it. Danielle Fence Mfg. Co., Inc. will not transfer information about you to any other party unless otherwise stated at the time of collection. Danielle Fence Mfg. Co., Inc. can use your personal identifying information for editorial, promotional, or marketing purposes unless you request that your information not be used in such manner. Danielle Fence Mfg. Co., Inc. may place a “cookie” in the browser files of your computer. Such cookies do not contain any personally identifying information.
Non-Conflicting Terms- If there is any conflict between this agreement and any help text, manuals or other documents, this agreement shall govern, whether such other documents are prior to or subsequent to this agreement, or are signed or acknowledged by any partner, officer, director, employee, affiliate, agent, representative or subcontractor of Danielle Fence Mfg. Co., Inc.
Lawyer’s Fees- If Danielle Fence Mfg. Co., Inc. takes action (by itself or through its representatives) to enforce any of the provisions of this agreement, including a collection of any amounts due hereunder, Danielle Fence Mfg. Co., Inc. shall be entitled to recover from you (and you agree to pay), in addition to all sums to which Danielle Fence Mfg. Co., Inc. has entitled or any other relief, at law of in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
Governing Law; Limitations Venue- This agreement shall be governed by the laws of the State of Florida, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to you access and use of the Internet Site or the information contemplated by this agreement must be instituted within two (2) years from the date upon which such claims or cause arose or accrued. Further, any such claim or cause of action may only be brought in the state and Federal Courts located in Polk County, Florida, and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Maryland as your agent for service of process. You hereby waive any objection and the right to raise any future objection that the state or Federal courts of Anne Arundel County, Maryland are an inconvenient forum for the resolution of any dispute or claim arising under this agreement.
Severability- If any provision of this agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision) and, as so reformed or modified, fully enforce this agreement.
The Entire Agreement- This agreement is complete and effective at the time you agree to it by using this Internet Site and this agreement constitutes the entire agreement between you and Danielle Fence Mfg. Co., Inc. concerning the subject matter hereof, and no other agreement, written or oral, exists between you and Danielle Fence Mfg. Co., Inc.
Updated: 07/24/2020
Copyright 1999-2020 Danielle Fence Manufacturing Company, Inc.
Terms and Conditions of Purchase
Your offer to purchase goods is accepted solely upon the terms and conditions stated below. Any additional or different terms and conditions proposed by you are rejected and shall have no effect. This order, when accepted by Danielle Fence Manufacturing Company, Inc., (the “Company”), is not subject to cancellation or deferment of delivery.
One Hundred percent (100%) payment for product and shipping is due upon execution of the order and prior to shipment.
Your receipt of any goods shall be an unqualified acceptance of and a waiver of any and all claims not made in writing to Company within seven (7) business days after such receipt. Defect of part of the merchandise shall not be grounds for rejection by Buyer of all of such merchandise, nor all of the particular item in which such defect is found, nor shall be grounds for the cancellation of the undelivered portions thereof.
Products are shipped via FedEx, UPS or common carrier. Orders requested to be shipped via a special carrier or air freight must be specified at the time of ordering. All shipping charges will be the responsibility of the customer. The Company strives for transit times of generally between 5-7 business days within the Contiguous U.S., however, delivery within thirty (30) days of specified date, or delivery any time thereafter of shipments made prior to receipt of written notice of cancellation, shall constitute timely delivery. Company shall not be liable for any delay or failure of performance due to conditions or events beyond its reasonable control, including, without limitation natural disasters, accidents, labor disputes, shortages, ordinances, rules and regulations and inability to obtain material, equipment or transportation. If Company’s production of merchandise is curtailed or suspended, deliveries may, at Company’s option, be canceled or be proportionately curtailed and then, at Company’s option, resumed upon the removal of the cause so interfering with production and continued until the entire quantity purchased hereunder has been delivered. Company shall have the right to allocate its available supply of goods among its customers and affiliates in such manner as Company deems fair and equitable.
COMPANY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS DESCRIBED HEREIN, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY CONCERNING THE DESIGN, MANUFACTURE, USE OR PERFORMANCE OF ANY SUCH GOODS OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY’S TOTAL LIABILITY FOR ANY COST, LOSS, DAMAGE OR OTHER POTENTIAL OR ACTUAL EXPENSES ARISING DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE AND SALE OF THE GOODS DESCRIBED HEREIN SHALL NOT EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE GOODS WITH RESPECT TO WHICH ANY CLAIM IS MADE, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL COMPANY BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES EVEN IF COMPANY IS INFORMED OR IS OTHERWISE AWARE OR SHOULD BE AWARE OF THEIR LIKELIHOOD.
The risk of loss to the goods subject to this agreement shall pass to you as soon as such goods are presented to a carrier for delivery to you. Title to the goods shall remain with Company until your tender of payment. The company cannot be held liable for damage or loss of shipment by a freight carrier.
All sales are final. The company cannot assume responsibility for the errors of others. Products ordered incorrectly cannot be returned without prior approval. A “Return Material Authorization” form will be provided by Company and must accompany the product. All returns shall have freight and related costs prepaid by the customer from the point of origin. Product must be new and in marketable condition. Additionally, there will be a 50% percent (50%) restocking fee on all returned product. All freight charges are 100% non-refundable.
Orders are processed as they are received. Once they are put into production, add-ons may have to be treated as a new order and may hold up shipment of the original order. Cancellations and/or Change Orders are subject to approval by Company.
It is the Customer’s sole responsibility to carefully read and fully understand including but not limited to all product information page(s), specifications, performance, recommended use, manufacturer warranties, terms, conditions and limitations on selected items. The company cannot be held liable for Customer failure to comply with this and all other terms and conditions as set forth in this agreement.
Waiver by Company of a breach by you of any provision hereof shall not be deemed a waiver of future compliance therewith or of any other obligations of you under this agreement.
This agreement shall be interpreted and governed according to the laws of the State of Florida. Jurisdiction and venue for any legal proceeding arising from or relating to this agreement shall be exclusively in Polk County, Florida.
Updated: 07/24/2020
Copyright 1999-2020 Danielle Fence Manufacturing Company, Inc.