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Website Terms & Conditions

Website Terms and Conditions

Please review the following Terms and Conditions of Use ("Terms") carefully before using www.branchandboard.com (the "Site"), a website operated by Branch & Board LLC, LLC ("Branch & Board LLC," "we," "us," or "our"). These Terms contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of these Terms. By agreeing to these Terms, you acknowledge that you have read and understood the terms of our Privacy Policy and that you agree with it. Neither we, nor our affiliates, will be liable to you for any damages, including without limitation, direct, indirect, special, incidental, punitive, or consequential damages, that may result from any violation of the Privacy Policy. Click to view our Privacy Policy.

Agreement to Terms and Conditions of Use

These Terms apply to your use of the Site. These Terms also apply to your purchase of products or services ("Product" or "Services") sold on the Site. By using this Site, accessing information on this Site, ordering Product or accepting delivery of Product, it means that you have read, understood, and have agreed to these Terms and it forms a legally binding agreement to these Terms. Before purchasing Product or Services, or obtaining content from the Site, you may be prompted to accept these Terms. By clicking “Agree” you indicate your consent and agreement to Branch & Board LLC Terms. These Terms constitute the entire and only agreement between Branch & Board LLC and you regarding your use of the Site. All prior or contemporaneous agreements, warranties and understandings regarding your use of the Site, or your purchase of Product, are specifically disclaimed and superseded by these Terms. If you do not agree with these Terms, or if you disagree with specific parts of these Terms, then do not use our Site. Your continued use of the Site means you have agreed to the Terms. You cannot use our Site and at the same time object to these Terms.

Changes to the Terms

We reserve the right to change these Terms at any time, without prior notice to you or to other users of our Site. Your continued use of the Site after the Terms is changed constitutes your agreement to the changes that were made, and your continued agreement to be bound by these Terms, as so changed. At the bottom of these Terms you can find the date that the Terms were last changed. If you are not satisfied with our Site or these Terms, your only remedy is to stop using the Site.

ACCESS TO THE SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

Minors

Our Site is a business Site designed for use by persons age 13 or older. Anyone using our Site represents to Branch & Board LLC that he or she is 13 years of age or older. If you are younger than age 13, then you are not authorized to use our Site, and you are not authorized to submit or post any information, including without limitation, personally identifying information, on our Site.

Not Responsible for Errors

Our Site may contain errors, may be missing information or may not be current. We reserve the right to correct any errors or omissions and to update information at any time without prior notice. Corrections or updates may occur after you have submitted an order from our Site. In that event, we will attempt to contact you with the correct information before processing your order. If we are unable to contact you with the correct information, then you may return the item according to our return policy. If an item is listed at an incorrect price or with incorrect information, then at our sole discretion we reserve the right:

  • to refuse orders for that item,
  • to contact you for instructions, or
  • cancel your order and notify you of the cancellation.

We reserve the right to limit quantities, even after you have submitted an order from our Site. We apologize for any inconvenience that this may cause you.

Copyright

All logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress and trade names displayed, cited or otherwise indicated on this Site are trademarks of ours, or of our affiliates, or of other third parties. The copying, redistribution, use or publication of our marks or any third-party marks is prohibited.

Colors

Colors are not guaranteed. Due to color variability in computer and screen monitors, we have no liability if colors of the products do not match their display on the Site.

Discontinued Product

We reserve the right to change and discontinue Product at any time without notice to you. Branch & Board LLC may substitute Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described on the Site are possible.

Disclaimer of Warranties and Limitation of Liability

BRANCH & BOARD LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF OUR SITE AND THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OUR SITE. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR SITE IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS.

WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, THE PROVISION OF SERVICES AND SUPPORT, LOSS OF, OR DAMAGE TO, PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR NATURE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT:

  • RESULTS FROM PRODUCT NOT BEING AVAILABLE FOR USE,
  • RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY WEB SITE WITH WHICH IT IS LINKED, OR
  • IS CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEB SITE, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
  • YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
  • YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE PURCHASE PRICE (PLUS SHIPPING, IF APPLICABLE) INVOICED FOR THE PRODUCT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY AND SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, WILL NOT EXCEED $100 U.S. CURRENCY. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THE REMEDIES SET FORTH IN THESE TERMS APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
  • NOTE: THE ABOVE DISCLAIMERS DO NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT.
  • YOU ACKNOWLEDGE THAT THIS SITE AND THE INFORMATION PROVIDED AT THIS SITE WOULD NOT BE PROVIDED BY DURALEE WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS.

Indemnification

You agree to indemnify, defend, release and hold harmless us, our affiliates and our respective directors, officers, employees and agents from any liability, loss, claim, fine, penalty and expense, including without limitation, reasonable attorney's fees, related to your violation of these Terms or your access or use of the Site or any of the information or materials available, or Products purchased, through this Site.

Editing; Deleting; Modifying

We have the right, in our sole discretion, to refuse, modify or remove any material submitted to or posted on the Site and to terminate, change, or suspend (temporarily or permanently) any aspect of the Site (or the entire Site) at any time and from time to time, without notice or liability to you. Without limiting the foregoing, we have the right without any liability, to remove any material, including goods for sale, that we find, in our sole discretion, to be objectionable or in violation of these Terms.

Miscellaneous

The language in these Terms will be interpreted as to its fair meaning and not strictly for or against either party. If any part of these Terms is held invalid or unenforceable, the remaining portions of these Terms remain in full force and effect. To the extent that anything in or associated with the Site or Product is in conflict or inconsistent with these Terms, these Terms control. Your failure to enforce any provision of these Terms is not a waiver of such provision nor of the right to enforce such provision. No agency, partnership, joint venture, or employment is created as a result of these Terms, your use of the Site, or your purchase of Product or Services.

Updates

This document was last updated on April 14, 2018