Terms and Conditions
Agreement between user and www.GeneralAwnings.com
Welcome to www.GeneralAwnings.com. The www.GeneralAwnings.com website (the "Site") is comprised of various web pages operated by General Awnings LLC ("General Awnings"). www.GeneralAwnings.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.GeneralAwnings.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.GeneralAwnings.com is an E-commerce Site selling awnings and related products.
Visiting www.GeneralAwnings.com or sending emails to General Awnings constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
General Awnings does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.GeneralAwnings.com only with permission of a parent or guardian.
Links to third party sites/Third party services
www.GeneralAwnings.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of General Awnings and General Awnings is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. General Awnings is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by General Awnings of the site or any association with its operators.
Certain services made available via www.GeneralAwnings.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.GeneralAwnings.com domain, you hereby acknowledge and consent that General Awnings may share such information and data with any third party with whom General Awnings has a contractual relationship to provide the requested product, service or functionality on behalf of www.GeneralAwnings.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of General Awnings or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. General Awnings content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of General Awnings and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of General Awnings or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by General Awnings from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the General Awnings Content accessed through www.GeneralAwnings.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless General Awnings, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. General Awnings reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with General Awnings in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GENERAL AWNINGS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GENERAL AWNINGS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GENERAL AWNINGS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Release of Liability
You recognize that there are certain inherent risks associated with the installation and use of the products sold on the Site and you assume full responsibility for personal injury to yourself and (if applicable) any other persons who may install or use the products, and further release and discharge General Awnings for injury, loss or damage arising out of your or any other person's installation or use of the products sold on the Site, whether caused by the fault of yourself or any other person or entity.
You agree to indemnify and defend General Awnings against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from your or any other person's installation or use of the products sold on the Site.
Installation Service Terms and Conditions
The General Awnings Installation Service ("Service") is a platform for enabling the connection between individuals seeking to obtain installation services ("Requesters") and/or individuals seeking to provide services ("Professionals"). Requesters and Professionals together are referred to as "Users". Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services". The Professional Services may include the delivery, installation and/or assembly of awnings and/or other items obtained through General Awnings, but shall not be deemed to include the Merchandise itself. General Awnings does not itself provide Professional Services. The provision of all Professional Services is up to the Professionals, which and may be scheduled through use of the Service. GENERAL AWNINGS, THROUGH WWW.GENERALAWNINGS.COM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES ITSELF OR ACT IN ANY WAY AS AN INSTALLER, HANDYMAN, OR OTHER HOME-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
Each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE SERVICE, THE REQUESTER AGREES TO HOLD GENERAL AWNINGS FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. GENERAL AWNINGS IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
No Employment. General Awnings provides a software platform which allows you to connect with independent Professionals. General Awnings is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner. A Professional provides services to you as an independent contractor, and is not an employee, joint venture party, partner, agent, or franchisee of General Awnings for any purpose whatsoever.
GENERAL AWNINGS DOES NOT MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE PROFESSIONAL SERVICES. GENERAL AWNINGS DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE SERVICE.
GENERAL AWNINGS EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE SERVICE. THE SERVICE IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE SERVICE CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING SERVICES HEREUNDER, GENERAL AWNINGS WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE GENERAL AWNINGS FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE GENERAL AWNINGS IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE GENERAL AWNINGS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
THE QUALITY OF THE PROFESSIONAL SERVICES SCHEDULED, REQUESTED OR OBTAINED THROUGH THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.
General Awnings reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and General Awnings as a result of this agreement or use of the Site. General Awnings' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of General Awnings' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by General Awnings with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and General Awnings with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and General Awnings with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
General Awnings reserves the right, in its sole discretion, to change the Terms under which www.GeneralAwnings.com is offered. The most current version of the Terms will supersede all previous versions. General Awnings encourages you to periodically review the Terms to stay informed of our updates.
General Awnings welcomes your questions or comments regarding the Terms:
General Awnings LLC
PO Box 461294
Aurora, Colorado 80046
Effective as of December 02, 2008