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User Agreement posted 2/19/2015
Welcome. Any person (each, a “User”) accessing this website or any other website owned, operated or hosted by Simpson Strong-Tie (each, a “Website” and, collectively, the “Websites”) agrees to the following User Agreement that describes the terms on which Simpson Strong-Tie Company Inc. (“Simpson Strong-Tie”) offers you access to our Website and services, including any software that is made available to you through the Website. By using any of the Websites, you agree to be bound by the terms of this User Agreement. If you do not accept the terms of this User Agreement, then you may not use the Websites or any of the software or services made available through the Websites.
All text, graphics and other information and materials (“Content”) appearing on the Websites are the property of Simpson Strong-Tie.
The Content contained on the Websites are made available solely for your own personal, non-commercial use. The use of any Content for commercial purposes is expressly prohibited. If you want to make commercial use of any of the Content, you must enter into an agreement with Simpson Strong-Tie in advance. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Simpson Strong-Tie or any third party, except as expressly provided herein.
Simpson Strong-Tie participates in strategic alliances, and other joint service offerings with non-affiliated third parties. This Website may contain links to, or be accessed through links on, websites of third parties, some of which are Simpson Strong-Tie dealers or distributors. In addition, third-party websites may link to this Website, and we may provide you with access to our software as a service, in which case you may need to create a user account to use the software and/or to save information in connection with your use of such software. The non-affiliated third parties are independent contractors, and not agents, of Simpson Strong-Tie. Simpson Strong-Tie does not have responsibility for the information, availability, operation or performance of websites of Simpson Strong-Tie dealers or distributors, or any other sites to which this Website may be linked or from which this Website may be accessed.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, company name or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Simpson Strong-Tie. Any views expressed by any third party on the Websites (including recorded interviews) are solely the views of such third party, and Simpson Strong-Tie assumes no responsibility for the accuracy or veracity of any statement made by such third party.
Should you choose to send any feedback or data, including, but not limited to, any ideas, comments, suggestions or questions regarding any Simpson Strong-Tie product or service or the Content of the Websites, such information shall be deemed to be non-confidential and Simpson Strong-Tie shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, Simpson Strong-Tie shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques.
If the Websites should at any time provide any service which enables Users to post information or materials, or to communicate with or otherwise share information with other Users or persons providing any kind of service to Users, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material, or any material that violates any federal, state, or local law in the United States or anywhere else in the world. You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through the Websites, even if a claim should arise after termination of service. If any of the Websites provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other visitors/subscribers who are authorized to access such Website and you agree that all such messages and other communications shall not be deemed to be private or secure. You agree that any and all communications which you submit to any of the Websites can be read by the operators and/or other agents of such Website, whether or not they are the intended recipients.
Simpson Strong-Tie does not necessarily monitor any materials posted, transmitted, or communicated to or within the Websites. If you believe that something on the Websites violates this User Agreement, please contact our designated agent set forth below. If notified that any User has posted any information or materials which allegedly do not conform to this User Agreement, Simpson Strong-Tie may, in its sole discretion, investigate the allegation and determine whether to take any action, including whether to remove or request the removal of the information or materials posted by a User. Simpson Strong-Tie has no liability or responsibility to Users for performance or nonperformance of such activities.
If you believe that your copyrighted work or trademark has been uploaded, posted or copied to any of the Websites and is accessible on any such Website in a way that constitutes copyright or trademark infringement, please contact our designated agent
We have designated Steve Rotzin as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to this User Agreement on the Websites. Please contact us as follows:
By mail: firstname.lastname@example.org
By telephone: (800) 999-5099
Simpson Strong-Tie respects the intellectual property of others, and we ask our Users to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners’ rights. As a condition to your use of the Websites, you agree not to use the Websites to infringe the intellectual property rights of others in any way. We will terminate the accounts of, and block access to the Websites to, any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.
When you visit the Websites or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to the Websites, about any of our products or services, or for such other purposes as we deem appropriate.
The Simpson Strong-Tie products displayed at the Websites are available through our dealer and distributors in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Websites may not be available in stores. Some of the products displayed at this Website (such as the DeckTools software) are available for purchase on this Website for the price displayed while supplies last.
If you use the Websites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify Simpson Strong-Tie of any unauthorized use of your Simpson Strong-Tie Account, Profile, passwords, as the case may be. We reserve the right to refuse service, terminate accounts or cancel orders in our sole discretion.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. In most cases, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our employees that monitor orders. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
The Websites may be accessed by Users internationally and may contain references to Simpson Strong-Tie products, programs and services that are not available in your country. Such references do not imply that Simpson Strong-Tie intends to make available in your country such products, programs or services or that such products may lawfully be used in or imported into your country. Simpson Strong-Tie reserves the right without prior notice to discontinue or change products, programs and services at any time without incurring any obligations to any party.
Reasonable efforts are taken to improve the accuracy and integrity of the Content on the Websites, but Simpson Strong-Tie is not responsible for misprints, out-of-date information, inaccuracies, typographical or other errors. The Websites and all Content are provided "AS IS." Simpson Strong-Tie makes no representation or warranty whatsoever regarding the completeness, accuracy, adequacy, suitability, functionality, availability, or operation of the Websites or the Content. By using the Websites, you assume the risk that the Content may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SIMPSON STRONG-TIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIMPSON STRONG-TIE DOES NOT WARRANT THAT YOUR USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES, CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL SIMPSON STRONG-TIE BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF SIMPSON STRONG-TIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Content is subject to change without notice. The Websites may be unavailable from time to time due to mechanical, telecommunication, software, and other failures. Simpson Strong-Tie cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
There are inherent risks in relying upon, using, or retrieving any information found on the Internet, and Simpson Strong-Tie urges you to make sure you understand these risks before using the Websites. It is your responsibility to evaluate the Content made available through the Websites, and you should seek the advice of professionals, as appropriate, regarding the evaluation of any opinion, advice, product, service or other Content.
You agree (i) not to use the Websites to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) not to interfere or attempt to interfere with the proper working of the Websites or any activities conducted on the Websites, disrupt the Websites or any networks connected to the Websites, or bypass any measures we may use to prevent or restrict access to the Websites; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of the Websites or any transactions being offered at the Websites; (iv) not to use any robot, spider, scraper or other automated means to access the Websites for any purpose without our prior written permission; (v) not to use the Websites to collect or harvest personal information, including, without limitation, financial information, about other participants at the Websites; (vi) not to take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; and (vii) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to use the services, products, or downloads available at the Websites for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to the Websites.
Any Content that is a registered or unregistered trademark, logo, or service mark is also protected by trademark law. Your use of any Content without the prior written permission of Simpson Strong-Tie is strictly prohibited, except as provided in this User Agreement. Without limiting the foregoing, you are prohibited from using any Simpson Strong-Tie copyrighted material, trademark, service mark or logo for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the prior written permission of Simpson Strong-Tie. You are also advised that Simpson Strong-Tie will enforce its intellectual property rights to the full extent provided by law. If you download any software or other materials from any of the Websites, you agree that your use of such software and/or materials shall be governed by the terms of the applicable license agreement.
You agree, at your own expense, to indemnify, defend and hold harmless Simpson Strong-Tie, its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of this User Agreement, your use of the Websites or Content, or any of your other acts or omissions.
The Websites may contain statements, estimates or projections that constitute “forward-looking statements” as defined under U.S. federal securities laws. Generally, the words “believe,” “expect,” “intend,” “estimate,” “anticipate,” “project,” “will” and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risk factors and uncertainties that could cause actual results to differ materially from Simpson Strong-Tie’s historical experience and its present expectations or projections, which factors are described in the periodic reports of Simpson Strong-Tie’s parent company, Simpson Manufacturing Co., Inc., including the Annual Report on Form 10-K filed with the Securities and Exchange Commission, quarterly reports on Form 10-Q and the Annual Report to Shareholders, all of which are made available at www.simpsonmfg.com. You are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date on which they are made. Simpson Strong-Tie undertakes no obligation to publicly update or revise any forward-looking statements.
All press releases made available through the Simpson Strong-Tie News section of this Website were, to the best of Simpson Strong-Tie's knowledge, timely and accurate when issued; however, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. Simpson Strong-Tie has no responsibility to update any information contained in any such material. You should carefully check the dates of issuance of the information contained on this Website.
The Product Use Information and other information and policies available on this Website are incorporated into this User Agreement by reference and provide additional terms and conditions related to specific products and services.
Your access to, and use of, the Websites are subject to this User Agreement and all applicable laws and regulations. The User Agreement constitutes a legal agreement between you and Simpson Strong-Tie, and this agreement supercedes any other agreements that may exist between you and Simpson Strong-Tie with respect to this subject matter. The laws of California and the United States shall govern use of the Websites. Users agree that any action, suit, or proceedings arising from or related to use of the Websites shall be brought exclusively in the federal or state courts of the State of California without regard to choice of law or conflicts of law provisions.
This User Agreement is effective unless and until terminated by Simpson Strong-Tie. Simpson Strong-Tie may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Websites, if in Simpson Strong-Tie’s sole discretion you fail to comply with any term or provision of this User Agreement. Upon any termination of this User Agreement by Simpson Strong-Tie, you must promptly destroy all materials downloaded or otherwise obtained from the Websites, as well as all copies of such materials, whether made under the terms and conditions of this User Agreement or otherwise.
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
Simpson Strong-Tie does not intend for the Websites to be used by any individuals who cannot form legally binding contracts under applicable law. If you are under the age of 18, you do not have permission to use the Websites.
BY ACCESSING AND USING ANY OF THE WEBSITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THIS USER AGREEMENT. IF YOU DO NOT AGREE WITH AND ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THIS USER AGREEMENT, PLEASE CEASE USE OF THE WEBSITES.
SIMPSON STRONG-TIE MAY, AT ANY TIME, AND WITHOUT NOTICE, REVISE THIS USER AGREEMENT. IF WE REVISE THIS USER AGREEMENT, WE WILL POST THE REVISION ON THIS WEBSITE OR PROVIDE YOU WITH NOTICE OF THE REVISION. WE WILL ALSO UPDATE THE “POSTED” DATE AT THE TOP OF THIS USER AGREEMENT. PRIOR TO EACH OF YOUR VISITS TO ANY OF THE WEBSITES, YOU SHOULD REVIEW THIS WEB PAGE TO DETERMINE THE CURRENT USER AGREEMENT TO WHICH YOU ARE BOUND. YOUR CONTINUED USE OF THE WEBSITES CONSTITUTES ACCEPTANCE OF THE USER AGREEMENT AT THE TIME OF EACH USE.