PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS WEBSITE
All users of this site agree to the following terms and conditions, and other applicable laws. If you do not agree to these terms and conditions, please do not use this site or purchase from Drainage Direct.
COPYRIGHT
All content within the entirety of the Drainage Direct website is the property of Drainage Direct. All content including, but not limited to: text, graphics, code, format or any other proprietary information is copyrighted as a collective work under the United States and other copyright laws. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from different areas for this site. ALL downloads, prints, screenshots, and any other digital or physical/transferrable media are solely for your own non-commercial use, or to place an order with Drainage Direct or to purchase Drainage Direct products. Any other use, including but not limited to the reproduction, distribution, display, and/or transmission of the content of this site is strictly prohibited, unless authorized by Drainage Direct. You further agree to not change or delete any proprietary notices, materials, or general information taken from this site.
TRADEMARKS
All trademarks, service marks, and trade names used in this site are registered to Drainage Direct.
WARRANTY DISCLAIMER
This site and the materials on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Drainage Direct disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability for a particular purpose and non-infringement. Drainage Direct does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Drainage Direct does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
All products are warrantied against defects in material and workmanship for a period of 60 days from the date of purchase unless longer periods are specifically stated on product information sheets. In no event shall Drainage Direct be liable for any consequential damages or any labor, material, freight or expense required to replace, correct or reinstall the product. Drainage Direct’s liability is limited to replacement of the part.
LIMITATION OF LIABILITY
Drainage Direct shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials within the Drainage Direct website. Drainage Direct shall not be held liable for any type of damage incurred from the use or performance of the products sold and represented on the Drainage Direct website, even if Drainage Direct has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation may not apply to you.
TYPOGRAPHICAL ERRORS
In the event that a Drainage Direct product is mistakenly listed at the incorrect price, Drainage Direct reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Drainage Direct 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 has been canceled, Drainage Direct shall issue a refund of the charge to your credit card.
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 Drainage Direct without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Warranty Disclaimer, Limitation of Liability, Typographical Errors, Notice, Miscellaneous, Use of Site, Participation of Disclaimer, Indemnification, and Third-Party Links shall survive any termination.
NOTICE
Drainage Direct may deliver notice to you by means of email, general notice on the site, or by any reliable method to the address you have provided to Drainage Direct.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of Connecticut, 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 Drainage Direct products) shall be in the state or federal courts located in Connecticut. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Drainage Direct products) must be commenced within one (1) year after the claim or cause of action arises. Drainage Direct’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. Drainage Direct may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on this site, including via email, chat, or by use of obscene and/or abusive language, is strictly forbidden. Harassment, obscene language, innuendo, and/or statements, and abusive language are defined at the discretion of all representatives of Drainage Direct. Impersonation of others, including Drainage Direct or other licensed employee, host, or representative, as well as visitors on the site is prohibited. You may not upload to distribute and/or otherwise publish through the site any content. Usage of any content from the Drainage Direct website may not be uploaded to, distributed to, or otherwise published through any media/content which is libelous, defamatory, obscene, threatening, and invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable. Usage of any content from the Drainage Direct website may not be used to encourage or constitute any criminal offense, violate the rights of any party, or may otherwise give rise to liability and/or violate any law. You may not upload commercial content on this site or use the site to solicit others to join or become members of any other commercial online service or other organization.
PARTICIPATION DISCLAIMER
Drainage Direct does not and cannot review all communications and materials posted to or created by users accessing the site, and Drainage Direct 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, Drainage Direct 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, Drainage Direct 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 Drainage Direct in its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Drainage Direct, 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.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Drainage Direct may link to sites operated by third parties. However, even if the third party is affiliated with Drainage Direct, Drainage Direct has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Drainage Direct. These linked sites are only for your convenience, and therefore you access them at your own risk. Nonetheless, Drainage Direct seeks to protect the integrity of its website 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).