Terms of Use

Welcome to www.trexfencingfds.com (“Site”), a website managed and maintained by FDS Fence Distributors, Inc. (“FDS Distributors”). If you visit the Site, you accept the terms and conditions set forth herein (“Terms of Use”). These Terms of Use govern your use of the Site.

FDS Distributors reserves the right to modify the Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified.

1. USE OF SITE

You may use the Site, including information, writings, images and/or other data that you experience on the Site, referred to as “Content”, solely for non-commercial, personal purposes and/or to learn about FDS Distributors products. While using the Site, you may not: (a) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the United States export control laws and regulations and federal and state antitrust laws; (b) post or transmit any information or software that contains a virus, malware or other harmful component; or (c) post, publish, transmit, reproduce, distribute, or in any way exploit any information, product or other material obtained through the Site for commercial purposes (other than as expressly permitted by FDS Distributors or the provider of such information, product or other material). You may not use, modify, copy, distribute, transmit, or derive another work from any Content obtained from the Site except as expressly permitted by these Terms of Use. Additionally, no right, title or interest in any Content is transferred to you as a result of using the Site.

2. PRIVACY POLICY

FDS Distributors respects your privacy. The terms of FDS Distributors’s privacy policy are set forth at https://www.trexfencingfds.com/privacy-policy/, and are incorporated herein.

3. COPYRIGHT

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to FDS Distributors or its partners, affiliates, contributors or third parties. Copyrights associated with specific Content are owned by FDS Distributors and/or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only, and must keep all copyright and other proprietary notices attached to the downloaded material.

4. TRADEMARKS

You are prohibited from using any of the trademarks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

5. LINKS TO THIRD-PARTY WEB SITES

Upon clicking on a third-party hyperlink button on the Site, you will leave the Site, and FDS Distributors is not responsible for the content at any hyperlinked web site. FDS Distributors does not control the content, and as such, does not guarantee the accuracy, integrity or quality of such content, and makes no representations or warranties as to, and accepts no duty or responsibility for, the performance, acts or omissions of such third parties.

6. USER CONDUCT

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You additionally agree not to use the Site in any way that might interfere with the rights of other users or third parties.

7. USER-SUPPLIED INFORMATION

If you supply or post any “personal data” to the Site, you guarantee to FDS Distributors that you have the legal right to post such material and that it does not violate any law or the rights of any person or entity. For any information you do send, post or submit to the Site, you hereby grant FDS Distributors an unrestricted, royalty-free, irrevocable license to use the same.

8. PRODUCT DISPLAY/COLOR

The Site attempts to display product images shown as accurately as possible. However, we cannot guarantee that the color you see identically matches the product color because the display of the color depends, in part, upon the computer monitor you are using.

9. DISCLAIMER AND LIMITATION OF WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FDS DISTRIBUTORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FDS DISTRIBUTORS DOES NOT WARRANT OR REPRESENT THAT: (A) ANY MATERIAL, RESULTS, AND/OR DATA DOWNLOADED OR OTHERWISE USED OR OBTAINED THROUGH THE SITE OR OTHER HYPERLINKED WEB SITE WILL BE ACCURATE OR RELIABLE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR OTHER HYPERLINKED WEB SITE WILL MEET YOUR EXPECTATIONS; (C) THAT ANY ERRORS, MISSTATEMENTS OR PROGRAMMING DEFECTS IN THE SITE WILL BE CORRECTED; OR (D) THAT ANY ACCESS TO THE SITE OR INFORMATION OR OTHER MATERIAL ACCESSIBLE ON THE SITE IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL ELEMENTS. FDS DISTRIBUTORS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

10. INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless FDS Distributors, its affiliated companies, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.

11. GOVERNING LAW

These Terms of Use between you and FDS Distributors shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and FDS Distributors agree to submit to the sole and exclusive personal jurisdiction of the federal and state courts located within the State of Utah for any dispute arising from, or related to, these Terms of Use. The failure of FDS Distributors to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. FDS Distributors makes no representation that materials on the Site are appropriate or available for use outside of the United States, and access to them from territories where its Contents are illegal is prohibited. User access to the Site is governed by all applicable federal, state and local laws.

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