Terms of Use
General
These General Terms and Conditions of Use ("Terms") are entered into by and between you and Timberhaven Log Homes, a Pennsylvania corporation ("TIMBERHAVEN LOG HOMES"). In consideration of your use of and access to this Internet website (the "LOGHOMEDESIGNCENTER.com Website"), and the promises and obligations herein, intending to be legally bound, you and TIMBERHAVEN LOG HOMES hereby agree as follows:
Your access to and use of the .com website is subject to these Terms, as well as any modifications issued by TIMBERHAVEN LOG HOMES to these Terms, and all applicable laws and regulations. BY USING THE LOGHOMEDESIGNCENTER.com WEBSITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the LOGHOMEDESIGNCENTER.com website.
Among other things, the LOGHOMEDESIGNCENTER.com website provides information concerning various products and the opportunity to obtain additional information concerning those products and the opportunity to obtain additional information concerning those proudest and services or to purchase them. These Terms and the information provided in the LOGHOMEDESIGNCENTER.com website in no way overrides the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the LOGHOMEDESIGNCENTER.com website contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
Changes in Terms
TIMBERHAVEN LOG HOMES shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the LOGHOMEDESIGNCENTER.com website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the LOGHOMEDESIGNCENTER.com website. You are responsible for reviewing the LOGHOMEDESIGNCENTER.com website periodically for any modifications to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by to these Terms. ANY ACCESS OR USE OF THE LOGHOMEDESIGNCENTER.com WEBSITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than . shall by valid or enforceable against unless expressly agreed to by TIMBERHAVEN LOG HOMES in a writing signed by a duly authorized officer of TIMBERHAVEN LOG HOMES
Termination
These Terms are effective until terminated by TIMBERHAVEN LOG HOMES. TIMBERHAVEN LOG HOMES may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the LOGHOMEDESIGNCENTER.com website, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
TIMBERHAVEN LOG HOMES shall also have the right without notice and at any time to terminate the LOGHOMEDESIGNCENTER.com website or any portion thereof, or any products or services offered through the LOGHOMEDESIGNCENTER.com website, or to terminate any individual's right to access or use the .com website or any portion thereof.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the LOGHOMEDESIGNCENTER.com website and your purchase of the items on the LOGHOMEDESIGNCENTER.com website. You must be at least 18 years old to use the LOGHOMEDESIGNCENTER.com website.
Content
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the LOGHOMEDESIGNCENTER.com website, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content."
The Content may contain errors, omissions, or typographical errors or may be out of date. TIMBERHAVEN LOG HOMES may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on TIMBERHAVEN LOG HOMES in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by TIMBERHAVEN LOG HOMES or by third parties that have licensed their use to TIMBERHAVEN LOG HOMES You may view and use the Content only for your personal information and for shopping and ordering on the LOGHOMEDESIGNCENTER.com website, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, TIMBERHAVEN LOG HOMES does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the LOGHOMEDESIGNCENTER.com website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by TIMBERHAVEN LOG HOMES, is strictly prohibited.
Prices, Orders
All prices displayed on the LOGHOMEDESIGNCENTER.com website are
quoted in U.S. dollars. TIMBERHAVEN LOG HOMES may restrict delivery to
addresses within the
The receipt by you of an order confirmation does not constitute TIMBERHAVEN LOG HOMES's acceptance of an order. Prior to TIMBERHAVEN LOG HOMES' acceptance of an order, verification of information may be required. TIMBERHAVEN LOG HOMES reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from TIMBERHAVEN LOG HOMES, for any reason. TIMBERHAVEN LOG HOMES reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, TIMBERHAVEN LOG HOMES shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, TIMBERHAVEN LOG HOMES shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Disclaimer and Limitation of Liability as to the LOGHOMEDESIGNCENTER.com Website and Content
TIMBERHAVEN LOG HOMES MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE LOGHOMEDESIGNCENTER.com WEBSITE OR ANY LINKED WEBSITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY WEBSITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. TIMBERHAVEN LOG HOMES ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE LOGHOMEDESIGNCENTER.com WEBSITE OR ANY LINKED WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LOGHOMEDESIGNCENTER.com WEBSITE OR ANY LINKED WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS"CONDITION OR CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE LOGHOMEDESIGNCENTER.COM WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL TIMBERHAVEN LOG HOMES, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE LOGHOMEDESIGNCENTER.com WEBSITE OR ANY LINKED WEBSITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF TIMBERHAVEN LOG HOMES EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer and Limitation of Liability as to Products and Services
We want you to be completely satisfied with your LOGHOMEDESIGNCENTER.com purchase. If for any reason you are not entirely pleased with a product you purchased on the LOGHOMEDESIGNCENTER.com Website, simply return the item within 3 days of receipt for exchange. Item(s) must be in original purchase condition for a refund minus a 20% restocking fee. Custom made products are non-returnable. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
ALL PRODUCTS AND SERVICES SOLD BY TIMBERHAVEN LOG HOMES ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, TIMBERHAVEN LOG HOMES MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, TIMBERHAVEN LOG HOMES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE LOGHOMEDESIGNCENTER.com WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the expulsion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL TIMBERHAVEN LOG HOMES, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE LOGHOMEDESIGNCENTER.COM WEBSITE, EVEN IF TIMBERHAVEN LOG HOMES IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TIMBERHAVEN LOG HOMES' LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Indemnification
You agree to defend, indemnify, and hold harmless TIMBERHAVEN LOG HOMES, TIMBERHAVEN LOG HOMES' vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the LOGHOMEDESIGNCENTER.com Website. The foregoing indemnification obligation shall survive termination of these Terms and the LOGHOMEDESIGNCENTER.com Website and any product or service provided to you arising out of or relating to your use of the LOGHOMEDESIGNCENTER.com Website.
Miscellaneous
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by TIMBERHAVEN LOG HOMES of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
TIMBERHAVEN LOG HOMES shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of the LOGHOMEDESIGNCENTER.com Website shall not be construed as TIMBERHAVEN LOG HOMES' purposeful availment of the privilege or benefit of doing business in any state or legal jurisdiction other than the Commonwealth of Pennsylvania, This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions. Additionally, any claims brought against TIMBERHAVEN LOG HOMES shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this website, or any orders placed or products purchased on LOGHOMEDESIGNCENTER.com, shall be in the state or federal courts located in the Central District of Pennsylvania or the Union County Court of Common Pleas.