Revision Date: April 21, 2022
1. AGE OF USERS
2. USE OF WEBSITE MATERIALS
Barbosa Cabinets grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to view, use, and print individual pages of the Sites for your personal, non-commercial use. Unless otherwise noted, the design of and all materials on the Sites, including, but not limited to, text, slogans, graphic, images, icons, photographs, video clips and other materials, and the copyrights, trademarks, service marks, trade dress, and other intellectual property (“Content”) are owned, controlled or licensed by Barbosa Cabinets or other providers of such material. The Sites are intended for personal and non-commercial use only. The Content provided on the Sites is to be used for informational purposes only. No right, title or interest in downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or exploit Content in any way. We reserve the right to pursue all legal remedies for any commercial exploitation of Content.
3. COPYRIGHTS AND TRADEMARKS
Barbosa Cabinets, the Sites, and Content on the Sites are subject to trademark, service mark, trade dress, copyright, or other proprietary or intellectual property rights or licenses held by Barbosa Cabinets or its affiliates. Barbosa Cabinets will aggressively enforce its intellectual property and other legal rights to the fullest extent of the law, including by seeking civil remedies and criminal prosecution. Other trademarks, product names, and company names or logos used on the Sites may be the property of their respective owners. The misuse of any Content, including any intellectual property displayed on the Sites, or other Content from the Sites is strictly prohibited. Barbosa Cabinets has a no-tolerance policy regarding third-party use of our trademarks or names in metatags, hidden text, ad keywords, or otherwise without the prior written consent of Barbosa Cabinets. More specifically, the unauthorized use of our trademarks or names in metatags, keywords, page test, hidden text, and/or ad keywords in conjunction with search engines constitutes trademark infringement and unfair competition. Linking to the Sites is prohibited absent express written permission from Barbosa Cabinets. Framing, online linking, or other association of the Sites or Content, including, but not limited to, with links, advertisements, and/or other information not originating from the Sites is expressly prohibited.
4. LINKS TO THIRD-PARTY WEBSITES
5. USER-GENERATED CONTENT
If you submit or otherwise make available, comments, reviews, suggestions, ideas, and other content to Barbosa Cabinets or otherwise disclose, submit, or offer such information (collectively, “User Contribution”), you represent and warrant that you own or otherwise control all of the rights to the User Contribution and that it complies with the content standards set forth in Section 6 below. With respect to any User Contribution submitted or made available for inclusion on the Sites, you grant Barbosa Cabinets a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive right and license to use, copy, distribute, publicly display, modify, create derivative works of, and sublicense such User Contribution, all without any payment to you or further authorization from you. You grant Barbosa Cabinets the right to use the name, age range, and state of residence that you submit in connection with such User Contribution, if Barbosa Cabinets chooses to do so. Barbosa Cabinets shall not be limited in any way in its use, commercial or otherwise, of any User Contribution. Barbosa Cabinets is under no obligation to maintain any User Contribution in confidence, pay you any compensation for any User Contribution, or respond to any User Contribution.
The posting of any User Contribution does not constitute Barbosa Cabinets’ endorsement of such User Contribution. Barbosa Cabinets cannot ensure prompt removal of objectionable material after it is posted. Accordingly, Barbosa Cabinets assumes no responsibly or liability for any action or inaction regarding any User Contribution and has no liability for any claim, including, without limitation, loss or injury to real, tangible or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury or wrongful death in connection with any User Contribution. Barbosa Cabinets reserves the right, but shall not be obligated, to edit or remove any User Contribution.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on or through the Sites in a way that infringes your intellectual property rights, please inform our designated Copyright Agent by sending written notice by U.S. Mail to Barbosa Cabinets, Attn: Copyright Agent, 2020 East Grant Line Road, Tracy, CA 95304, or by email to email@example.com. Pursuant to the Digital Millennium Copyright Act, to be effective, you must include the following information in your written notice:
- A detailed description of the copyrighted work you believe is being infringed;
- A description (such as the subdomain link) of the location on the Sites where the allegedly infringing content appears;
- Your contact information, including name, address, telephone number, and, if available, email address;
- A statement that you have a good faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law;
- A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and
- An original or electronic signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Please note that notice to the designated Copyright Agent is only for reporting claims of copyright infringement in connection with the Sites. Contacts for other matters are provided elsewhere through the Sites.
6. PROHIBITED USES
You shall not knowingly post, transmit, redistribute, upload, or promote any User Contribution, communication, content, or other materials to or from the Sites that: (a) contain corrupted files, viruses, or any other similar software files; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, infringing on any intellectual property rights, vulgar, obscene, sexually explicit, pornographic, hateful, profane, indecent, racially or ethnically derogatory, or otherwise violate any right of any third party; (c) are likely to upset, embarrass, alarm, inconvenience, or annoy any other person; (d) contain chain letters or pyramid schemes; (e) contain any unsolicited advertising, promotional materials, mass mailings, “spam,” political campaigning, or other forms of solicitation to other users, individuals, or entities; (f) impersonate any person, business or entity, including our company or our employees or agents or are likely to deceive any person; (g) encourage conduct that would constitute a criminal offense; (h) involve commercial activities, sales, contests, sweepstakes or other sales promotions, bartering, or advertising; (i) give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case; (j) give rise to civil liability; (k) violate any law; or (l) amount to any conduct that, in the judgment of Barbosa Cabinets, is otherwise objectionable, restricts, impairs, interferes or inhibits any user from using or enjoying the Sites, or may harm Barbosa Cabinets or users of the Sites or expose them to liability. In addition to any remedies that Barbosa Cabinets may have at law or in equity, if Barbosa Cabinets determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, it may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Sites. Barbosa Cabinets will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone submitting such materials.
7. RELIANCE ON INFORMATION POSTED
The information presented on or through this Website is made available solely for general information purposes and convenience. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Barbosa Cabinets disclaims all liability and responsibility arising from any reliance placed on such materials by you or anyone informed of its contents. On occasion, the Sites may contain incomplete information, typographical errors, or inaccuracies. We reserve the right to correct errors at any time without prior notice.
8. DISCLAIMER OF WARRANTY
YOUR USE OF THE SITES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BARBOSA CABINETS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND BARBOSA CABINETS MAKES NO COMMITMENT OR ASSUMES NO DUTY TO UPDATE SUCH INFORMATION, MATERIALS, OR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BARBOSA CABINETS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED ON OR THROUGH THE SITES.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL BARBOSA CABINETS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR USE OF THE SITES OR ANY OTHER LINKED WEBSITES, AND ANY CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF SAVINGS, LOSS OF GOODWILL, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF BARBOSA CABINETS IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
BARBOSA CABINETS CANNOT AND DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITES OR THE SERVICES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITES FOR ANY RECONSTRUCTION OF ANY LOST DATA.
11. WEBSITE SECURITY
You are prohibited from violating or attempting to violate the security of the Sites by, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, or with access to the Sites, including, without limitation, via means of submitting a virus to the Sites, overloading, flooding, spamming, mail-bombing, crashing, or usurping the Sites’ resources or bandwidth; (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (f) using any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites; or (g) otherwise attempting to interfere with the proper working of the Sites or engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by Barbosa Cabinets, may harm Barbosa Cabinets or users of the Sites or expose them to liability. Violations of Barbosa Cabinets’ system or network security may result in civil and/or criminal liability. Barbosa Cabinets will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or any activity being conducted on the Sites.
12. NOTICE AND ELECTRONIC COMMUNICATIONS
When you visit the Sites or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, and/or by posting notices and messages on the Sites. 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.
13. PRIVACY STATEMENT
14. REVISIONS TO THE SITE AND TERMS
15. JURISDICTION & GOVERNING LAW
16. INTERNATIONAL LAW
The Sites and its content are intended to comply with U.S. laws and regulations. If you are a non-U.S. based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S. Barbosa Cabinets makes no representation that materials on the Sites are appropriate or available for use outside of the United States.
18. ADDITIONAL ASSISTANCE
If you have any questions or comments, we invite you to contact our Customer Service Department. The Customer Service Department can be reached by email at firstname.lastname@example.org or by phone at (209) 836-2501. See Section 5 above regarding the procedure for notices of alleged copyright infringement.