Before you use our Web Site (the “Site”), please read the following terms and conditions. These terms and conditions govern your use of the Site, and by using the Site, you agree to follow and be bound by these terms and conditions (the “Agreement”).
Access to the Web Site We hereby grant you a limited, revocable, nonexclusive license to access the Site for your own personal use. You may not sub-license your rights hereunder to a third party, and this license does not extend to: (a) access to the Site by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Destin Premier Carpets. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
Modification of Terms or Web Site
Destin Premier Carpets may periodically modify these terms in any manner at any time in our sole and absolute discretion and without prior notice to you or liability. Any modification to these terms shall be effectively immediate upon posting at the Site. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the terms as modified. From time to time, in our sole and absolute discretion, without any notice or liability to you, we may change, move or delete portions or features of the Site, or we may add new areas or features to the Site, including, but not limited to, content and equipment and/or software needed for access to or use of the Site. Your only right in regard to any changes discussed in this section is to cease your use of the Site.
Limited Warranty/Disclaimer of Liability
This site and its contents are provided “as is” without warranties of any kind, whether express or implied, including without limitation any warranty as to the accuracy, availability, completeness, reliability, title, currency or content of any information or material provided by or through this site, and the implied warranties of merchantability or fitness for a particular purpose. Your use of our site is at your sole risk. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the site, and that Destin Premier Carpets shall not be liable for any damages of any kind related to your use of the site.
In no event shall Destin Premier Carpets, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, successor-in-interest or operator of Destin Premier Carpets, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our site, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Destin Premier Carpets shall not be liable for user submissions or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Site may contain hyperlinks to web sites operated by parties other than Destin Premier Carpets, which are provided for reference only. We do not control such web sites are not responsible for their contents or operation. Your use of such web sites is entirely at your own risk.
You agree to indemnify, defend and hold harmless Destin Premier Carpets and our directors, officers, employees, associates, vendors, agents and shareholders, and defend any action brought against us or them with respect to any claim, demand, cause of action, debt or liability, including but not limited to reasonable costs and attorneys’ fees, arising out of the use of our site, or the violation of any of the provisions of this Agreement, by you or anyone accessing our Site under your account.
Governing Law and Jurisdiction
This Agreement is entered into in the State of Florida and is governed by the laws of the State of Florida and by the federal laws of the United States, without reference to conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal courts in Destin, Florida to adjudicate any dispute arising out of or relating to this Agreement or your use of our Site. You also expressly consent to the personal jurisdiction of the state and federal courts in Destin, Florida for any such action.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from this Agreement and the remaining provisions shall be enforced. Our failure to act with respect to any breach of this Agreement by you is not a waiver of our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. Destin Premier Carpets shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. You must comply with all applicable laws and regulations relating to your access to and use of the Site. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.