Terms of Service
Welcome to the carport1.com website. Please read carefully these Terms and Conditions and Privacy and Security Statement before using our website, Carport1.com, that provides the purchase of products and services to you and subject to the following Terms and Conditions. By using Carport1.com Web Site, you agree to accept, follow, and be bound by these Terms and Conditions and our Privacy and Security Policies without modification.
General Terms and Conditions
These Terms and Conditions (“Terms”) apply to all and any use of the web site available at Carport1.com and content and services including, without limitation, the Communications service as defined below (“the Web Site”) and any material submitted, posted or otherwise placed on the Web Site, together with all and any material, comments, messages and other communications made to, from or using the Web Site, any part of it or any related service (“Communications”).
By using the Web Site you are communicating to Carport1.com that you understand and are able to accept these Terms and agree to be bound by these Terms. If you do not accept and/or understand these Terms, you should not use the Web Site or any part of it including, without limitation, by making Communications.
The Carport1.com Web Site is not intended for use by anyone under the age of 18. If you are under the age of 18 years old, do not access, use, or purchase products and services from the Carport1.com Web Site. By using the Carport1.com Web Site, you agree and represent that you are 18 years of age or older.
Carport1.com may make alterations, without prior notice, to these Terms from time to time and these variations shall become effective immediately.
Carport1.com may make modification to the any or all content and features of the Carport1.com Web Site, at our sole discretion, at any time, without prior notices.
Intellectual Property Rights
Unless otherwise expressly specified, all copyright, design rights, database right, patent rights, trade mark and trade dress rights and other intellectual property rights in the Web Site belong to and vest in Carport1.com, or are licensed to Carport1.com.
All intellectual property rights of Carports1.com are hereby asserted and reserved.
All third party trade names and trademarks are the property of their respective owners and Carport1.com makes no warranty or representation in relation thereto. More specifically, Carport1.com does not claim or assert any right title or interest in any third party Communications or any information or data contained on the Web Site that refers real world events, people, organizations, teams, clubs, places, or companies.
Restrictions and Obligations
You agree not to:
- hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, decompile or reverse engineer or create derivative works out of the Web Site or any application or information contained in it, to the fullest extent permitted by applicable law;
- remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Web Site;
- make the Web Site available to any third party;
- create software which mimics data or functionality in the Web Site;
- use or deal in the Web Site except as permitted by these Terms;
- include contact details intended to facilitate communication outside of the Web Site, in any Communication;
- use your access to the Web Site, or information gathered from it, for the sending of unsolicited bulk email.
- make any public or commercial use of the Web Site without Carport1.com’s prior written consent;
- provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Web Site without Carport1.com’s prior written permission;
- display, publish, copy, print, post or otherwise use the Web Site and the information contained therein for the benefit of any third party or web site without Carport1.com’s prior written consent;
- use the Web Site and any Communications nor process or use the information contained on or within the Web Site unfairly or for any illegal or immoral purpose;
- use the Web Site and any Communications nor process or use the information contained on or within the Web Site for any commercial or business purpose;
- delete or obscure any copyright or other proprietary notice.
Rules / Code of Conduct
- We reserve the right to remove or suspend users at any time for any reason.
- Some examples of reasons that may result in us removing or suspending a user’s account are listed below:
- Using vulgar language or comments which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
- Making threats towards another user in the message forum or in private;
- Making comments related to drugs, sex, alcohol, or criminal activity;
- Creating and using multiple accounts;
- Using the site in a way that we consider to ruin the experience for other users;
- Third party web sites and online services to which the Web Site links (“External Sites”) have not been verified or reviewed by Carport1.com.
- All use and access of External Sites is made at your own risk.
- Any username and password issued to you is personal to you, so that you can use and access the Web Site and must not be disclosed to any third party without Carport1.com’s prior written consent.
- All Communications sent by Carport1.com and attachments thereto are intended only for the addressee and/or others authorized to receive them.
Forum and Communications
- The Web Site is an information service and ancillary to this Carport1.com is involved in the transmission, storage, retrieval and dealing with third party Communications without review, selection or alteration of their content - for which it is a mere conduit.
- The views expressed in any Communications are the views of the individual authors and not those of Carport1.com unless specified otherwise by Carport1.com.
- Carport1.com is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Communications.
- By using the Web Site you acknowledge that Carport1.com has no responsibility to review the content of any Communications and that all Communications are made available on the basis that Carport1.com is required to and does not exercise any control or judgment of their content.
- Notwithstanding, the foregoing Carport1.com site shall be entitled to remove or reject any Communications and remove or suspend your ability to make or access Communications.
- You agree that Carport1.com may use, publish, edit modify and adapt your Communications for any and all purposes relating to the Web Site and the business of Carport1.com and you hereby grant it an unrestricted non-exclusive license to do so and waive all so-called moral rights in your Communications.
- You agree and undertake that you will not make any Communication or post to or transmit to the Web Site any statement or material that:
- is unlawful or which gives rise to civil or criminal liability;
- promotes any illegal or unlawful activity;
- infringes any copyright or other intellectual property rights of any third party or assists infringement or piracy;
- includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;
- is abusive, pornographic, defamatory, discriminatory or obscene;
- harasses any person;
- markets or promotes any third party;
- which seeks or attempts to make any arrangement to meet a child under the age of 16 or which may have such meeting as its object or effect;
- contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
- solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.
Carport1.com provides and maintains the Web Site for informational purposes and for the sales of carports, garages, and other types of steel buildings, on an “as is” basis and is liable only to provide its services with reasonable skill and care.
Carport1.com gives no other warranty in connection with the Web Site and to the maximum extent permitted by law, Carport1.com excludes liability for:
- any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which Carport1.com has been made aware of;
- the accuracy, currency or validity of the information and material contained within any Communications or the Web Site;
- any interruptions to or delays in updating the Web Site;
- any incorrect or inaccurate information on the Web Site;
- the infringement by any person of any copyright or other intellectual property rights of any third party through any Communication or use of the Web Site;
- the availability, quality, content or nature of External Sites;
- any transaction involving External Sites;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Web Site, or any Communication;
- all representations, warranties, conditions and other Terms which but for this notice would have effect.
- Carport1.com does not warrant that the operation of the Web Site will be uninterrupted or error-free.
- Carport1.com will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet Outages, communications outages, fire, flood, war or act of God.
- Except as provided above there are no other warranties, conditions or other Terms, express or implied, statutory or otherwise, and all such Terms are hereby excluded to the maximum extent permitted by law.
- These Terms above are subject to your statutory and common law consumer rights and shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Carport1.com’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
- You agree that in relation to your use of the Web Site you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Web Site.
- You agree that you are and shall remain responsible for maintaining the confidentiality of your password and membership account and for all activities that occur under your account.
- You hereby indemnify, defend and hold Carport1.com and Carport1.com affiliates and Carport1.com’s officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Web Site any Communications and any use of your membership account. You shall use your best efforts to cooperate with Carport1.com in the defense of any claim. Carport1.com reserves the right, at Carport1.com’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Governing Law, Arbitration.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to the choice of law provisions thereof. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. §1-567.1 et seq. (the “Uniform Arbitration Act”) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party. In the event that any arbitration, action or proceeding is brought in connection with this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, and all documents incorporated herein by reference, set forth and constitute the entire understanding and agreement between us with respect to the subject matter hereof.
Buyer agrees that all disputes with respect to this Agreement shall be brought and heard in the North Carolina state courts located in Surry County, North Carolina. The parties to this Agreement each consent to the in personam jurisdiction and venue of such courts. The parties agree that service of process upon them in any such action may be made if delivered in person, by courier service, by telegram, by facsimile or by first class mail, and shall be deemed effectively given upon receipt.
Order Terms and Conditions
Carport1.com, at its sole discretion, assigns the Buyer’s order to a manufacturer for installation and service of your order. Buyer agrees to and is bound by those terms.
Refusal of Order/Cancellation of Contract
Carport1.com reserves the right to refuse or cancel any order and cancel the contract at any time, for any reason. Carport1.com also reserves the right to limit the quantity of items ordered. In the case of order refusal and cancellation, Carport1.com will refund any payment received from the Buyer and the Buyer agrees that the refund is the exclusive solution for the Buyer for refusal and/or cancellation of the Buyer’s order.
Buyer agrees that the Buyer is responsible for obtaining the required permits, site plans, and other approvals prior to the commencement of is installation on the Buyer’s site. Buyer also agrees that the designated for installation of the unit be level, free from obstruction on the ground and free from any obstruction 20 feet above the site, which may include other structures, power lines, phone line, cable lines, or any other obstruction. Buyer also agrees that the installation site be free from any utilities underground. Buyer agrees to indemnify and hold Carport1.com harmless for any and all damage done to underground utilities, pipes, cables, etc., during installation.
Order Cancellation Policy
Carport1.com will refund the Buyer’s deposit up to 5 days after placement of the order. After 5 days, no refund of the deposit will be given. All orders canceled after your payment has been processed is subject to an additional $30 processing charge.
Buyers may change/modify their order up to 5 days after the order is placed with Carport1.com. After 5 days, any change or modification to the order is subject to a processing $30 charge.
- Without limiting to any other rights it may have Carport1.com may remove, restrict, cancel or suspend access to and use of the Web Site and any part of it without notice, if it considers (in its sole discretion) that you have breached of any of these Terms.
Additional Terms and Conditions
- All questions, comments or inquiries should be directed by email to [email protected]
- These Terms constitute the entire agreement between you and Carport1.com and shall apply to the exclusion of all other terms or conditions of contract which you may propose.
- Failure to enforce any of these Terms will not be deemed a waiver of any term or right.
- If any part of these Terms is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.
- The Web Site is intended for and directed at only the United States of America and no representation or warranty is made as to whether the Web Site complies with the regulatory regime and local laws of any other country.
- Use of Carport1.com and these Terms are subject to the laws of United States of America which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use and shall be construed in accordance with the laws of the United States of America and the parties submit to the exclusive jurisdiction of the US courts.
- The English Language version of these Terms is the prevailing and authoritative version and any translation of these Terms is for reference only.
Last Revision: May 28, 2019
We may at any time revise these terms and conditions without notice. Please check regularly.
Continued use of Carport1.com after a change has been made is your acceptance of the change.