Terms & Conditions | SkyLine Canopies

Terms & Conditions

Ownership and Operation

This website is owned and operated by SkyLine Canopies LLC (“COMPANY”) from its offices within the United States of America (“US”). Unless otherwise stated on this website, this website is intended to promote only those COMPANY products that are sold by COMPANY in the US and its territories.

Use of Website

Your access to and use of this website is subject to these Website Terms and Conditions of Use (“Terms of Use”) and all applicable laws. If you do not agree to these Terms of Use, please do not use this website or any services offered by this website. COMPANY may change or modify these Terms of Use from time to time by updating this posting without prior notice to users. Your continued use of this website and/or the services made available on or accessed through this website after any Terms of Use are posted is considered acceptance of those changes.

The content of this website, including all names, logos, trademarks, and all other intellectual property appearing in this website, is the property of or has been licensed to COMPANY and it is protected by trademark and copyright laws. Except for your own personal or noncommercial use, you are prohibited from copying, reproducing, republishing, posting, transmitting, distributing, or displaying these materials without the prior written consent of COMPANY. Any unauthorized attempt to modify any of the materials included on the website or use of the materials for any other purpose is a violation of COMPANY’S copyright and other proprietary rights. The use of any of these materials or content is at your own risk. COMPANY reserves the rights to change any and all content, materials, and other items used or contained in the website at any time without notice.

You may not use the website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the website in any manner that could damage, disable, overburden or impair the website, or interfere with any other website user’s use and enjoyment of the website. You may not attempt to gain unauthorized access to the website through hacking, password mining, or any other means. Any unauthorized attempt to overcome COMPANY’S security features is strictly prohibited.

Without limiting any other remedies, COMPANY reserves the right, in its sole discretion, to terminate your access to the website, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice, or any notice.

Privacy

COMPANY’S PRIVACY POLICY is incorporated herein by reference.

Ordering

COMPANY does not warrant that product descriptions, prices, or other content on the website is accurate, complete, reliable, current, or error-free. Prices and availability ae subject to change without notice. Unless otherwise noted, prices for items ordered on the website do not include applicable taxes. Online orders for shipment may be placed through the website.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order.

If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. If there is no other payment method available to us, we may cancel your order.

Orders may arrive in multiple shipments. Please allow at least 1-2 weeks from approved design proof(s) and paid-in-full invoice to receive your product. COMPANY does not guarantee shipping times. All purchases from COMPANY are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

Replacement Policy

In the event that the product is damaged during transit, COMPANY will replace such item(s), provided that proper documentation is submitted, including but not limited to, photo(s) of the damaged item(s) and a detailed description of such damage. Please contact us regarding any replacement questions. To make sure that you are satisfied with the product you receive, please inspect the item(s) as soon as your order arrives.

COMPANY does not provide a replacement for product(s) that are damaged due to abuse, misuse, or use of the product(s) that does not conform with the product assembly instructions.

Links to Other Sites

This website may contain links to other sites or resources that are not operated by COMPANY or under COMPANY’S control. Links to and from COMPANY website to other third party sites, maintained by third parties, do not constitute an endorsement by COMPANY or any of its subsidiaries or affiliates of any third party resources or their contents. COMPANY disclaims any and all responsibility for content contained in any third party materials provided through links from the COMPANY website. COMPANY assumes no responsibility for and has no control over the content, privacy policies or practices of said third party sites.

By using the COMPANY website, you hereby release COMPANY from any and all liability arising from your use of any third party website. We encourage you to review the third party’s site terms and conditions after you leave the COMPANY website and enter a third party site.

COMPANY does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the COMPANY website. You acknowledge that any reliance upon any such advice, opinion, statement, or information shall be at your own risk. COMPANY reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the COMPANY website.

Limitation of Liability and Disclaimers

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL COMPANY BY LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES, OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE, AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.

THIS WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

COMPANY DOES NOT WARRANT THAT THE WEBSITE OR THE SERVER(S) PROVIDING AVAILABILITY OF THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

COMPANY DOES NOT WARRANT OR REPRESENT THAT THIS WEBSITE WILL BE ERROR FREE, THAT ACCESS TO IT WILL BE UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. COMPANY DOES NOT WARRANT OR MAKE ANY REPRENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF WEBSITE CONTENT IN THIS WEBSITE OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

COMPUTER MONITOR OR DEVICE DISPLAY COLORS VARY GREATLY AND WILL NOT PRINT ON PRODUCT EXACTLY AS DISPLAYED. IN THE EVENT YOU DO NOT PROVIDE PANTONE COLOR INFORMATION TO COMPANY, YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT LIABLE FOR ANY DISCREPANCIES IN COLOR ON PRODUCT.

YOU ACKNOWLEDGE AND AGREE THAT YOU OWN OR HAVE ACQUIRED RIGHTS TO ANY INTELLECTUAL PROPERTY SUBMITTED TO COMPANY, INCLUDING BUT NOT LIMITED TO ANY LOGOS, GRAPHICS, IMAGES OR OTHER COPYRIGHTED OR TRADEMARKED WORK. IN CERTAIN INSTANCES, YOU MAY AGREE TO GRANT COMPANY A PERPETUAL, WORLDWIDE, ROYALTY-FREE, RIGHT AND LICENSE TO USE ANY INTELLECTUAL PROPERTY SUBMITTED TO COMPANY, INCLUDING BUT NOT LIMITED TO ANY BUSINESS LOGO OR PRODUCT IMAGES, FOR MARKETING AND PROMOTIONAL PURPOSES ON COMPANY’S WEBSITE, MARKETING MATERIALS, OR SOCIAL MEDIA PLATFORMS.

Indemnification

You agree to defend, indemnify, and hold harmless COMPANY, and each of its respective officers, directors, employees, representatives and agents harmless from and against any and all claims, demands, losses, liabilities and/or damages (including attorney’s fees and court costs) arising out of or resulting from your use of the website or the content of the website, your breach or alleged breach of these Terms of Use, and/or your alleged violation of the rights of any third party, including but not limited to claims of defamation, invasion of privacy, right of publicity, breach of confidence, or infringement of copyright, trademark, patent, or any other intellectual property right. You shall cooperate as fully as reasonably required in the defense of any claim. COMPANY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In any event you shall not settle any matter without the prior written consent of COMPANY.

Governing Law; Jurisdiction

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) shall be governed by and construed in accordance with the laws of the State of Texas, without reference to its conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be an appropriate state or federal court located in the State of Texas, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

Severability

If any provision of these Terms of Use is invalid, unlawful or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability of any remaining provisions.