Outdoor Fire and Patio clearly acknowledges and agrees that it is not a product producer. Any and all warranties granted by Outdoor Fire and Patio for any items sold or distributed by them shall be restricted to those specifically provided by the manufacturer of such products. Outdoor Fire and Patio expressly disclaims any and all other warranties, whether expressed or implied, and whether arising by operation of law, course of dealing, usage, trade, or otherwise, and expressly excludes and declines any and all implicit guarantees, including, but not limited to, the merchantability and suitability for specific uses.
Outdoor Fire and Patio does not and will not accept any liability for the use of, or flaws in, any items supplied or distributed by Outdoor Fire and Patio (the “Products” on OutDoorFireandPatio.com (the “Site” It is recognized and acknowledged that communication with Outdoor Fire and Patio”s technical sales personnel is solely offered to aid in the identification of the Products. The technical sales personnel at Outdoor Fire and Patio do not and will not take any responsibility or liability for the installation or usage of any Products. To guarantee correct selection and installation of any of the Products, as well as compliance with local rules and ordinances, the client is urged to seek the aid of a certified licensed installer. We clearly disclaim and shall not be liable for any claims for damage, injury, cost, or expense sustained or incurred as a consequence of or otherwise resulting from the installation or use of any of the Products. Outdoor Fire and Patio and its employees, officers, directors, owners, and agents shall be indemnified, defended, and held harmless from and against any such claims for damage, injury, or expense sustained or incurred as a consequence of, caused by, or otherwise related to the installation or use of any Products ordered by the customer.
TERMS AND CONDITIONS OF USE
Conditions of Use
BEFORE USING THIS WEBSITE, PLEASE READ THE ENTIRE TERMS AND CONDITIONS OF USE CAREFULLY. All users of this site acknowledge that access to and use of this site is subject to the terms and conditions listed below, as well as any other relevant laws. Please do not use this site if you do not agree to these terms and conditions.
The whole content of this website, including but not limited to text, images, and code, is protected as a collective work under US and other copyright laws and is the property of Outdoor Fire and Patio. The collection comprises works licensed to Outdoor Fire and Patio. ALL RIGHTS RESERVED, 2012, Outdoor Fire and Patio. Permission is given to electronically copy and print hard copy elements of this site solely for the purpose of placing an order with OutDoorFireandPatio.com or purchasing items from OutDoorFireandPatio.com. You may view and, subject to any explicitly stated limitations or prohibitions associated with specific material, download or print portions of the material from the various areas of the site for your own non-commercial use, or to place an order with OutDoorFireandPatio.com or buy OutDoorFireandPatio.com products. Any additional utilization of the material of this site, included but not limited to reproduction, distribution, display, or transmission, is strictly forbidden unless allowed by WoodlandDirect.com. You also agree not to alter or remove any proprietary notices from anything obtained through the site.
All trademarks, service marks, and trade names used on OutDoorFireandPatio.com are registered trademarks or trademarks of Woodland Direct Inc.
Disclaimer of Warranties
This site, its materials, and its products are provided "as is" and without any express or implied warranties of any kind. To the greatest extent permissible by applicable law, OutDoorFireandPatio.com excludes any and all guarantees, express or implied, including, yet not particularly, the implied warranties of merchantability, suitability for a particular purpose, and non-infringement. OutDoorFireandPatio.com makes no assurance or guarantee regarding whether the website's operations will be consistent or flawless, that errors will be corrected, or that this site or the server on which it is hosted are without viruses or other potentially damaging components.
OutDoorFireandPatio.com makes no guarantees or claims regarding the contents on this site, including their legitimacy, precision, sufficiency, practicality, rapidity, trustworthiness, or other characteristics. Because certain jurisdictions do not allow warranty limits or exemptions, the limitations listed below may not apply to you.
Limitation of Liability
OutDoorFireandPatio.com will not be liable for any special or consequential damages arising from using or failure to utilize the information of this website or the functioning of the products, even if OutDoorFireandPatio.com was conscious of the possibility of such losses. Because relevant law may not allow a limitation or exclusion of liability or accidental or consequential losses, the foregoing restriction or exclusions might not be applicable to you.
If an OutDoorFireandPatio.com product is mistakenly listed with a typographical or pricing error, OutDoorFireandPatio.com reserves its right to decline or revoke such orders placed for such products, regardless of whether the order has been verified and the credit card utilized was charged. If a credit card has already been used for the transaction and your order has been canceled, OutDoorFireandPatio.com will reimburse your credit card account in the amount billed to your credit card for the product with typographic or price mistakes.
These terms and conditions apply to you after you visit the site and/or complete the registration or purchasing procedure. OutDoorFireandPatio.com has the right to cancel these terms and conditions, in whole or in part, at any time and for any reason. Copyright, Indemnification, Disclaimer, Trademark, Miscellaneous, and Limitation of Liability sections will survive any termination.
OutDoorFireandPatio.com might send you notice by e-mail, general notice on the site, or other reliable manner to the address you have supplied to WoodlandDirect.com.
Your use of this site is governed in all respects by the laws of the state of Michigan, United States of America, without regard to choice of law provisions, and not by the 1980 United Nations Convention on contracts for the international sale of goods. You agree that any legal activity arising out of or pertaining to this site (including, but not limited to, the purchase of OutDoorFireandPatio.com items) shall be brought in the state or federal courts situated in Macomb County, Michigan. Any cause of action or claim you may have with regard to the site (including, but not restricted to, the purchase of OutDoorFireandPatio.com items) must be brought within one (1) year of the occurrence of the claim or cause of action. The failure of OutDoorFireandPatio.com to insist on or ensure strict performance of any part of this agreement shall not be interpreted as a waiver of that provision or right. Neither the parties' course of conduct nor trade custom shall act to change any of these terms and conditions. Without notice to you, OutDoorFireandPatio.com may assign its rights and responsibilities under this Agreement to any person at any time.
Use of Site
Abuse in any way or form on the site is absolutely prohibited, whether by e-mail, chat, or the use of obscene or abusive language. It is unlawful to impersonate anybody, including an OutDoorFireandPatio.com or other authorized employee, host, or representative, as well as other members or visitors to the site. You are not permitted to upload, distribute, or otherwise publish through the site any content that is libelous, defamatory, profane, dangerous, invading of privacy or publicity rights, abusive, illegal, or otherwise unacceptable, which may constitute or promote a criminal offense, contravene the rights of any party, or otherwise give rise to liability or violate any law. You are not permitted to post commercial content on the site or use it to persuade people to join or become members of any other commercial online service or other organization.
Disclaimer Regarding Participation
OutDoorFireandPatio.com does not and cannot verify all messages and materials submitted to or made by site users, and are not responsible for the content of these communications and materials. You recognize that by allowing you to read and share user-generated content on the site, OutDoorFireandPatio.com is only serving as a passive conduit for such distribution and assumes no duty or liability for any contents or activity on the site. However, OutDoorFireandPatio.com retains the right, in its sole judgment, to block or eliminate interaction or content that are (a) abusive, slanderous, or profane, (b) fraudulent, deceitful, or misleading, (c) in infringing on another's copyright, trademark, or other proprietary right, or (d) offensive or otherwise unacceptable to OutDoorFireandPatio.com.
You agree to compensate, safeguard, and maintain harmless OutDoorFireandPatio.com, its managers, executives, staff members, agents, licensors, and vendors (collectively the "Service Providers" against any and all losses, expenditures, damages, and costs, including acceptable attorneys' fees, caused by a breach of these terms and conditions or any action related to your user account (including negligent or wrongful conduct) by you or anyone else using the site employing your username and password.
OutDoorFireandPatio.com may link to third-party websites in an effort to bring more value to our users. OutDoorFireandPatio.com has no control over these connected sites, which all have unique privacy and data gathering procedures outside of OutDoorFireandPatio.com. These linked sites are provided solely for your convenience, and you visit them at your own risk. Nonetheless, OutDoorFireandPatio.com aims to maintain the integrity of its web site and the links put onto it, and as such, requests any feedback not just on its own site, but also on sites to which it connects (especially if a specific link does not function).