Wayne Dalton is a division of Overhead Door Corporation. Wayne Dalton grants you (“User”) permission to view this Site, www.Wayne-Dalton.com (“the Site”) and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement (“Terms”). You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Wayne Dalton that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement, Wayne Dalton will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

INVITATION TO USE; RESTRICTIONS

All content on this site, including text, graphics, logos, drawings and specifications, for example, is Wayne Dalton's property and protected by United States and international copyright laws. Except as otherwise specifically provided in these Terms and Conditions or on the site, none of the material may be copied, downloaded, reproduced, distributed, republished, displayed, or transmitted in any form or by any means without the prior written permission of Wayne Dalton. Permission is granted to display, copy, distribute and download content on this Site for personal, non-commercial use only provided the User does not modify the materials and retains all copyright and other proprietary notices contained in the materials.

The User acknowledges that any reliance upon Materials from this Site shall be at the User's risk, except as otherwise required by law. Wayne Dalton reserves the right, in its sole discretion, and without any obligation, to correct any error or omission in any information on this Site or to change any drawings or specifications, or other content on this Site without notice.

GENERAL DISCLAIMER

Wayne Dalton does not warrant or endorse the accuracy or reliability of the information contained on, distributed through or linked to or downloaded or accessed from this Site and does not warrant or endorse the quality of any software or other products, information or other materials displayed, purchased or obtained by a User as a result of any advertisement or any information or offer made in or through this Site. Local regulations vary substantially, and Wayne Dalton does not warrant that the information available from this Site complies with building codes, ordinances, or regulations for any particular application or in any particular jurisdiction, without Wayne Dalton's express written agreement.

Wayne Dalton cannot and does not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services.

Any purchase by User of any products or services manufactured or supported by Wayne Dalton shall be subject to all of the standard terms and conditions set forth in Wayne Dalton's purchase and sale terms and conditions applicable to the purchase.

COPYRIGHT AND TRADEMARKS

All software and content included on this Site, such as text, graphics, logos, button icons, images, audio clips, and software, is the owned or licensed property of Wayne Dalton or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of Wayne Dalton and protected by U.S. and international copyright laws. Wayne Dalton grants you permission to view and use the content and software made available to you on this Site in connection with your use of this Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content and software on this Site is strictly prohibited. The trademarks, logos, meta tags and service marks displayed on this Site, including the trademark "Wayne Dalton" and other trademarks used by Wayne Dalton are the property of Wayne Dalton. Users are prohibited from using any Mark for any purpose not within the limited authorization stated in the above "INVITATION TO USE; RESTRICTIONS" section.

TERMINATION

A User's limited license to use materials from this site will terminate immediately without notice from Wayne Dalton if a User fails to comply with any term or provision of these Terms, and the User is obligated immediately to destroy all information obtained from this Site and discontinue any other use of the information obtained through Users' access to this Site. Any license to any copyright or trademark provided by these Terms, whether express or implied, terminates immediately upon such termination.

LINKED INTERNET WEB SITES

Wayne Dalton has provided Internet links to other Web sites for User's convenience. Most Web sites linked to this Site are owned and operated independently of Wayne Dalton. As a result, Wayne Dalton has no control over the products, materials, services or other information contained in or available through these third-party Web sites. The quality and reliability of these third party Web sites may vary as they are updated or altered. Wayne Dalton’s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Wayne Dalton’s inclusion of the links imply that Wayne Dalton is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site. The User acknowledges that access to any other Web sites linked to this Site is at the User's own risk.

NO WARRANTIES

EXCEPT FOR AVAILABLE WRITTEN EXPRESS WARRANTIES FOR WAYNE DALTON'S PRODUCTS DESCRIBED ON THIS SITE, THE MATERIALS, DRAWINGS, SPECIFICATIONS, PRODUCTS AND OTHER RESOURCES AVAILABLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WAYNE DALTON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WAYNE DALTON DOES NOT WARRANT THAT THE DISSEMINATION OF THE INFORMATION WILL BE ERROR FREE OR UNINTERRRUPTED. WAYNE DALTON DOES NOT WARRANT THAT THE MATERIALS, DRAWINGS, SPECIFICATIONS OR THE SERVER THAT MAKES THEM AVAILABLE WILL NOT CONTAIN ANY COMPUTER VIRUSES THAT MAY INFECT THE USER'S COMPUTER EQUIPMENT, NETWORK OR RELATED SOFTWARE. WAYNE DALTON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE MATERIALS, DRAWINGS OR SPECIFICATIONS AND THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, TO THE EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WAYNE DALTON BE LIABLE TO USER OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE INFORMATION) ARISING OUT OF OR RELATED TO THE SITE, EVEN IF CAUSED BY THE NEGLIGENCE OF WAYNE DALTON AND EVEN IF WAYNE DALTON OR ANY PROVIDER OF THE INFORMATION HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY OF ERRORS THEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY IN PARTICULAR CASES OR JURISDICTIONS. IN NO EVENT SHALL WAYNE DALTON'S TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY THE USER, IF ANY, FOR ACCESSING THIS SITE.

INDEMNITY

The User agrees to indemnify and hold Wayne Dalton and its affiliates harmless from and against any and all claims, losses, liability, costs, and expenses (including, but not limited to, attorneys' fees) arising from the User's violation or breach of these Terms, arising from the User's violation of any third party's rights such as trademark, copyright, proprietary and privacy rights, or arising from User's violation of any applicable federal, state or local law, regulation or ordinance. This indemnification and hold harmless obligation will survive the termination of these Terms.

GENERAL

The User's access to and use of this Site and information available on or through this Site are subject to and shall be governed by and construed in accordance with all applicable federal laws of the United States and applicable laws of the State of Ohio and local governmental entities. Wayne Dalton and User irrevocably consent to the exclusive jurisdiction of the courts located in Holmes County, Ohio and the federal courts situated in the State of Ohio in connection with any action arising under or in connection with these Terms or relating to the User's access of this Site, or any information available on or through this Site.

Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Wayne Dalton has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

You agree that Wayne Dalton may at any time and without notice change the terms and conditions and notices under which this Site is offered.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Wayne Dalton as a result of this agreement or your use of this Site.

Wayne Dalton’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Wayne Dalton’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Wayne Dalton with respect to such use.

This agreement constitutes the entire agreement between you and Wayne Dalton with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Wayne Dalton with respect to this Site. No modification of this agreement shall be effective unless it is authorized by Wayne Dalton or its affiliates, or unless it is physically signed by a Wayne Dalton officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Wayne Dalton in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Wayne Dalton in printed form.