PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE VERY CAREFULLY BEFORE USING THIS WEB SITE.

GENERAL

EVANS CABINET AND DOOR, LTD. ("EVANS") requires that all visitors to our web site (http://www.evanscabinetanddoor.com) agree to the following rules and regulations and other applicable laws. By proceeding and accessing the site, you indicate your acknowledgement and acceptance, without limitation or qualification, of these binding terms and conditions. If you do not agree to these terms and conditions, please do not use this site. Those who choose to access this site from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if, and to the extent, local laws are applicable.

COPYRIGHT

The entire content included in this site (http://www.evanscabinetanddoor.com), including, but not limited to text, graphics, images, audio, video, photographs, trademarks, logos, artwork and HTML code, including design, selection, arrangement, and coordination of such content on the site is copyrighted as a collective work under the United States copyright laws, international conventions and treaties, and other copyright laws, and is the property of EVANS CABINET AND DOOR, LTD. No part of the site and no content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without EVANS prior express written consent, with exception to the subsite of this site for the permitted commercial download of the EVANS corporate brochure, permission is hereby granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with EVANS or purchasing EVANS products only. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download, or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with EVANS or to purchase EVANS products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

TRADEMARK

All trademarks, service marks, word marks, and trade names (collectively "trademarks") of EVANS used on this site are trademarks or registered trademarks of EVANS CABINET AND DOOR, LTD. By using EVANS trademarks on this site, EVANS is not granting you any license to utilize the proprietary trademarks. Any unauthorized use of the trademarks may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. The use of EVANS trademarks on any other website or network computer environment, without the express written consent of EVANS, is strictly prohibited.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVANS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EVANS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVANS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. EVANS SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF EVANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify, defend and hold EVANS and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent (collectively "Indemnified Parties") harmless from and against any and all liability, costs, losses, expenses, damages (including, without limitation, attorney's fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants, including negligent or wrongful conduct. You will cooperate as fully as reasonably required in EVANS' defense of any claim. EVANS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the express written consent of EVANS.

THIRD-PARTY LINKS

In an effort to provide you with a valuable site, Evans may choose various third-party web sites to link to from its own site. However, even if the third-party is affiliated with EVANS, EVANS has no control over these linked web sites, each of which may have their own privacy and data collection policies, independent of EVANS. EVANS has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked web sites are only for your convenience, and therefore, you access them at your own risk.

TYPOGRAPHICAL ERRORS

In the event a EVANS product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, EVANS shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. EVANS shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has already been charged. If your credit card has already been charged for the purchase and you order is cancelled, EVANS shall issue a credit to your credit card account in the amount of the incorrect price.

NOTICE

EVANS may deliver notice to you by means of email, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in EVANS' account information.

USE OF SITE

As long as you comply with these Terms and Conditions of Use, EVANS grants you a non-exclusive, non-transferable, limited right to enter, display, and use this site for your own non-commercial use. You agree not to interrupt or attempt to interrupt the operation of this site in any manner.


Copyright 2004 Evans Cabinet and Door, Ltd. All Rights Reserved.