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Terms and Conditions

Terms and Conditions of Use Agreement

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Copyright

The entire content included in this site, including but not limited to; text, graphics, design, compilation, magnetic translation, digital conversion and code is a collective work under the United States and other copyright laws and is the property of American Garage Door Supply Inc. The collective work includes works that are licensed to American Garage Door Supply Inc. Copyright 2014- American Garage Door Supply Inc. - ALL RIGHTS RESERVED-

Content

All content and materials presented on this site is protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights.

Limited Right to Use

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

You further agree not to change or delete any proprietary notices from materials downloaded from the site. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Trademarks

All trademarks, service marks and trade names of American Garage Door Supply Inc. used in the site are trademarks or registered trademarks of American Garage Door Supply Inc.

Nontransferable

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.

Disclaimer

THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Use of Information
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Third-Party Services

Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Privacy Policy
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.

Sales and Use Taxes

The buyer agrees to pay all applicable sales or use taxes that are due to the tax authority with jurisdiction. Quotes or invoices do not include sales or use tax unless specified in detail. Buyer assumes all responsibility for these charges.

Third-Party Links

In an attempt to provide increased value to our visitors, American Garage Door Supply Inc may link to sites operated by third parties. However, even if the third party is affiliated with American Garage Door Supply Inc, American Garage Door Supply Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of American Garage Door Supply Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, American Garage Door Supply Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.

Pricing

At American Garage Door Supply, we make every effort to avoid mistakes on our printed or electronic copies of our catalog as well as our website presentations. However, because suppliers frequently modify or update their material, product pricing and specifications sometimes changes must be made after publication. Therefore, all American Garage Door Supply Supply's (www.americandoorsupply.com) prices are subject to change without notice. We reserve the right to limit quantities and are not responsible for typographical errors. All prices are F.O.B Bemidji, Minnesota.

Typographical ErrorsIn the event that a American Garage Door Supply Inc product is mistakenly listed at an incorrect price, American Garage Door Supply Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. American Garage Door Supply Inc reserves the right to refuse or cancel any such orders whether or not 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 cancelled, American Garage Door Supply Inc. shall issue a credit to your credit card account in the amount of the incorrect price.

Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.

Terms

The processing of all orders are subject to the approval of the credit manager.

Change Orders, Cancellation of

All change orders are to be in writing. Non-stock, special order products, special door sizes, torsion springs or special quantities are not returnable or cancellable.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a American Garage Door Supply Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Labor/Other Charges

Under no circumstances will American Garage Door Supply assume responsibility for labor or other charges unless agreed upon in writing in advance.

Participation Disclaimer

American Garage Door Supply Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, American Garage Door Supply Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, American Garage Door Supply Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to American Garage Door Supply Inc. in its sole discretion.

Warranty Policy: Call factory with the following information.

Describe reason for return or symptoms.

Provide model, serial numbers, part numbers, size, invoice number and other pertinent information.

Obtain Return Authorization (RMA) from factory. (Returns will not be accepted without a RMA)

Replacement product is shipped and invoiced to responsible ordering party.

Customer returns product pre-paid to factory for evaluation.

Upon warranty evaluation and approval, an appropriate credit will be issued to the customer.

Venue; Applicable Law

Your use of this site or products obtained by you through such use shall be governed in all respects by the laws of the state of Minnesota, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of American Garage Door Supply Inc. products) shall be in the state or federal courts located in Beltrami County, Minnesota. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of American Garage Door Supply Inc. products) must be commenced within one (1) year after the claim or cause of action arises. American Garage Door Supply Inc's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. American Garage Door Supply Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.

Lapsed Accounts

In order to keep American Garage Door Supply Inc’s membership roster current, if a Member does not access his or her account for a period of 365 days or more, American Garage Door Supply Inc. may, in its sole discretion, terminate such Member's account. American Garage Door Supply Inc. will endeavor to notify a Member of American Garage Door Supply Inc. intent to terminate such Member's account by notice to such Member's provided email address at least 5 days prior to deactivation. If the Member fails to respond to such email notice with 5 days after the day it is sent by American Garage Door Supply Inc., such Member's account will be terminated as noted above. Therefore, American Garage Door Supply Inc. strongly recommends that all Members keep their accounts and contact data current and in use. While American Garage Door Supply Inc., desires to prevent active accounts from being terminated prematurely, American Garage Door Supply Inc., has no obligation to maintain accounts that appear to American Garage Door Supply Inc.to have been abandoned. Each Member agrees that failure to access his or her account for 365 days or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.

Fraud

By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of Use have been violated, or other abuses have occurred as determined by American Garage Door Supply Inc. in its sole discretion. If membership has been revoked, American Garage Door Supply Inc. reserves the right to refuse application or readmission to the membership program.

Verify Members' Address

American Garage Door Supply Inc., reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from American Garage Door Supply Inc.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by American Garage Door Supply Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Indemnification

You agree to indemnify, defend, and hold harmless American Garage Door Supply Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.