IMPORTANT! THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS") GOVERN THE USE OF THE FANNIN AUTO GLASS ONLINE ORDER CENTER (THE "SITE") BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS "YOU"). BY USING THE SITE, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. FANNIN AUTO GLASS RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE POSTED TO THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY.
- You may use the Site to (i) look up parts required for installation; (ii) view accessory items that are available; (iii) confirm part availability; and (iv) place orders. Use of the Fannin Auto Glass Online Order Center by You shall be through an individualized user identification code ("USERID") and password. You shall be responsible for any unauthorized use of the USERID or password. Fannin Auto Glass shall be entitled to rely upon use of an USERID or password in accepting any orders. You shall not disclose to persons other than your authorized representatives, and shall otherwise keep completely confidential, all USERIDs, and passwords issued to You by Fannin Auto Glass. In addition, each authorized person shall likewise not disclose to any other person, and shall otherwise keep completely confidential, the USERID and password issued to you.
You shall immediately inform Fannin Auto Glass in writing whenever You desire to terminate access to the Fannin Auto Glass Online Order Center previously granted to any. You shall be solely responsible for any and all unauthorized or otherwise improper use of USERIDs and passwords issued to You by Fannin Auto Glass, including but not limited to the use of such USERIDs and passwords by personnel who at some point are no longer within Your employment or control. Fannin Auto Glass reserves the right, at any time and in Fannin Auto Glass's sole discretion, to invalidate without prior notice any password or USERID used by You.
You shall defend and indemnify Fannin Auto Glass from and against any and all claims, demands, and actions, and any resulting loss, costs, damages, and expenses (including court costs and reasonable attorney's fees) of any nature whatsoever, which may be asserted against or imposed upon Fannin Auto Glass by any party as a result of the unauthorized or otherwise improper use of any USERID or password issued by Fannin Auto Glass to You.
- You will have access to a variety of third party sources of content through the use of the Site and the Internet. Fannin Auto Glass has made no effort to verify the accuracy or suitability of any information contained in any such sources, including, without limitation, any other website that you can link to from the Site. Accordingly, Fannin Auto Glass has no liability or responsibility whatsoever for any content provided by any other Person contained on or obtained through the Site. You acknowledge and agree that any access, use or reliance on any such third party content is at Your own risk. You understand that, except for information, products or services clearly identified as being supplied by Fannin Auto Glass, Fannin Auto Glass does not operate, control or endorse any information, products or services of any other Person on the Site or the Internet in any way.
Access to and your use of the site and any information or services contained therein are provided “as is.” The Company makes no representations or warranties of any kind, nature or description express, implied or statutory with respect to your use of the site or the content contained therein, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, or arising through course of dealing, usage or trade practices, and the Company hereby disclaims the same.
- Fannin Auto Glass, its employees, agents, officers and directors, will not be liable for any direct, indirect, incidental, consequential, or special damages of any kind arising from the use of this Site, including, without limitation, loss of revenue or income, pain and suffering, emotional distress or similar damages, even if such parties have been advised of the possibility of such damages.
- You will indemnify and hold Fannin Auto Glass, its employees, agents, officers and directors (the "Indemnified Parties") harmless from Your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures contained on the Site, including, without limitation, any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the Site.
- Headings. The headings of sections of these Terms and Conditions are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any section hereof.
- Governing Law and Jurisdiction. The validity and effect of these Terms and Conditions shall be governed by and construed and enforced in accordance with the laws of the State of Missouri, without regard to its conflicts of laws principles. Any suit, action or proceeding concerning the site, its use, these terms and conditions, or concerning any other policy or procedure of the company regarding use of the site, must be brought in a state or federal court located in Greene County, Missouri, and you hereby irrevocably consent to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding; and you irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
- Severability. The provisions of these Terms and Conditions may be exercised and are applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
- Waiver. No failure or delay on the part of Fannin Auto Glass to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by Fannin Auto Glass preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by Fannin Auto Glass to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.