Thank you for visiting the www.preferredgaragedoor.org website. The Site is an Internet property of Preferred Garage Door LLC. The following Website Terms and Conditions ("Terms and Conditions") shall incorporate and govern the Preferred Garage Door LLC Website Privacy Policy ("Privacy Policy"), the Terms ("Advertiser Terms") and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time (collectively, the "Agreement")
PLEASE REVIEW THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE Thank you for visiting the www.preferredgaragedoor.org website. The Site is an Internet property of Preferred Garage Door LLC. The following Website Terms and Conditions ("Terms and Conditions") shall incorporate and govern the Preferred Garage Door LLC Website Privacy Policy ("Privacy Policy"), the Terms ("Advertiser Terms") and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time (collectively, the "Agreement")
PLEASE REVIEW THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE Preferred Garage Door LLC IN ANY MANNER OR FORM.
NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST Preferred Garage Door LLC, AS WELL AS ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, RELATED PARTIES, NETWORK PARTICIPANTS AND THIRD PARTY SERVICE PROVIDERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION CONTAINED HEREIN. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
You understand and agree that Preferred Garage Door LLC shall not be liable to you, any other Site User (as defined below) or any third party for any claim in connection with your use of, or inability to use, the Preferred Garage Door LLC. Preferred Garage Door LLC disclaims any and all liability for any loss, damage, or injury based on Site Content,.
Instagram® and Facebook® are registered trademarks of Facebook, Inc. ("Facebook"). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Twitter® is a registered trademark of Twitter, Inc. ("Twitter"). Please be advised that www.preferredgaragedoors.org is not in any way affiliated with Facebook, LinkedIn or Twitter.
The Agreement constitutes the entire and only agreement between you and Preferred Garage Door LLC with respect to your use of the Preferred Garage Door LLC Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Preferred Garage Door LLC. By your continued use of the Preferred Garage Door LLC Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Garage-Doors-Today.com Offerings shall be subject to the Agreement. If Preferred Garage Door LLC the Agreement for any reason, Preferred Garage Door LLC shall have no liability or responsibility to you. You understand and agree that refusal to Preferred Garage Door LLC Offerings is your sole right and remedy with respect to any dispute with Preferred Garage Door LLC. The Agreement only governs your use of the Preferred Garage Door LLC.
Proprietary Rights.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Preferred Garage Door LLC are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the Preferred Garage Door LLC is strictly prohibited. Systematic retrieval of material from the Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission.
Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.
Legal Warning.
Any attempt by any individual, whether or not a Preferred Garage Door LLC customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Preferred Garage Door LLC , is a violation of criminal and civil law and Preferred Garage Door LLC will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Indemnification.
You agree to indemnify and hold Preferred Garage Door LLC , its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-navbar-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the; Preferred Garage Door LLC (b) your breach of the Agreement; (c) any dispute between you and any Site User or third party; and/or (d) your violation of any rights of another individual and/or entity.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Preferred Garage Door LLC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Preferred Garage Door LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE Preferred Garage Door LLC AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE Preferred Garage Door LLC; (C) THE FAILURE TO QUALIFY FOR THIRD PARTY OFFERINGS FROM ANY THIRD PARTY SERVICE PROVIDER; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE Preferred Garage Door LLC AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Preferred Garage Door LLC FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF Preferred Garage Door LLC TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Preferred Garage Door LLC & trade.
Third Party Websites.
The Site may provide links to and/or refer you to other Internet websites and/or resources including, but not limited to, certain Site User websites and/or Social Media Websites. Because Preferred Garage Door LLC has no control over such third party websites and/or resources, you hereby acknowledge and agree that Preferred Garage Door LLC is not responsible for the availability of such third party websites and/or resources. Furthermore, Preferred Garage Door LLC does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
Dispute Resolution Provisions.
The Agreement shall be treated as though it were executed and performed in Ohio and shall be governed by and construed in accordance with the laws of the State of Ohio (without regard to conflict of law principles).
You hereby agree to arbitrate all claims that may arise under the Agreement that you may have against Preferred Garage Door LLC or any of the Covered Parties, who are express third-party beneficiaries of the mandatory arbitration provision. Without limiting the foregoing, should a dispute arise between you and Preferred Garage Door LLC and/or any Covered Party including, without limitation, any matter concerning the Preferred Garage Door LLC, terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (the “AAA”) in Ohio or the county of your residence, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, but you still wish to proceed with your dispute, you must submit your dispute for resolution by arbitration before the AAA as set forth above, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Preferred Garage Door LLC and/or any Covered Party. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Preferred Garage Door LLC /or any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
Miscellaneous.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with any Preferred Garage Door LLC is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Preferred Garage Door LLC may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
California End-User Consumer Rights.
In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
Contact Us
If you have any questions regarding the Agreement, or would like more information from, Preferred Garage Door LLC, please contact us at service@preferredgaragedoor.org.