Copyright 1989-2009 Pineapple Grove Designs®. All rights reserved.
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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Application of and Acceptance of Terms and Conditions
1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with Pineapple Grove Designs as a registered User or whether said User is a paying customer for a specific service provided by Pineapple Grove Designs or said User is a first time visitor to the Site. A User includes the person using the Site and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, You hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of the Site and any further upgrade, modification, addition or change to the Site. If you do not accept all of the terms and conditions of this Agreement, please do not use the Site.
1.3 This Agreement applies to each part of the Site in addition to any terms and conditions that may be applicable to any other agreements between a User and the Site, however, that (a) in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such prior or subsequent agreement(s) between the User and PINEAPPLE GROVE DESIGNS and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to Pineapple Grove Designs and/or its affiliates.
1.4 Pineapple Grove Designs may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on November 24, 2009. Posting by Pineapple Grove Designs of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of Pineapple Grove Designs.
2. Users Generally
2.1 Qualified Users may download or otherwise copy copyrighted or trademarked content from the Site for the sole purpose of specifying the products and services of Pineapple Grove Designs for their use in new and renovation construction projects. Downloaded or copied content may be reproduced in drawings, construction documents, contract documents or other forms used solely for the purpose of communicating to others directly involved in the construction, financing, marketing or management of a specific construction project. Any use of copyrighted or trademarked content other than expressly permitted herein is prohibited. Qualified Users include and are limited to Specifiers, Architects, Landscape Architects, Engineers, Interior Designers, Government Procurers and others engaged in professional practice. In all instances, the reproduction of Pineapple Grove Designs copyrighted and trademarked content shall be identified as being the property of Pineapple Grove Designs. If User’s specifications allow for alternative installation of items equivalent to Pineapple Grove Designs’ copyrighted materials User must also specify that the equivalent items must not violate Pineapple Grove Designs’ copyright.
2.2 Users may use the Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the " Pineapple Grove Designs Content") for the purpose of re-selling or re-distributing the Pineapple Grove Designs Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with Pineapple Grove Designs, or otherwise commercially exploiting the Pineapple Grove Designs Content. Systematic retrieval of Pineapple Grove Designs Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Pineapple Grove Designs is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
2.3 Pineapple Grove Designs reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall Pineapple Grove Designs be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
2.4 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by Pineapple Grove Designs and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
3. Limitation of Liability
3.1 THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND PINEAPPLE GROVE DESIGNS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, EXCEPT FOR THOSE EXPRESSLY DETAILED IN THE TERMS AND CONDITIONS INCLUDED HEREIN.
3.2 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from PINEAPPLE GROVE DESIGNS or through or from the Site shall create any warranty not expressly stated herein.
3.3 Under no circumstances shall PINEAPPLE GROVE DESIGNS be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
3.4 Each User hereby agrees to indemnify and save PINEAPPLE GROVE DESIGNS, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save PINEAPPLE GROVE DESIGNS, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to PINEAPPLE GROVE DESIGNS. PINEAPPLE GROVE DESIGNS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with PINEAPPLE GROVE DESIGNS in asserting any available defenses.
4. Intellectual Property Rights
4.1 PINEAPPLE GROVE DESIGNS is the sole owner or lawful licensee of all the rights to the Site and the PINEAPPLE GROVE DESIGNS Content. The Site and PINEAPPLE GROVE DESIGNS Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and PINEAPPLE GROVE DESIGNS Content shall remain with PINEAPPLE GROVE DESIGNS its affiliates or licensors of the PINEAPPLE GROVE DESIGNS Content, as the case may be. All rights not otherwise claimed under this Agreement or by PINEAPPLE GROVE DESIGNS are hereby reserved.
4.2 “PINEAPPLE GROVE DESIGNS " and related icons and logos are registered trademarks or trademarks or service marks of PINEAPPLE GROVE DESIGNS in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
4.3 Any registered marks or trademarks or copyright material owned by others and included on the Site without the permission of the material’s owner is unintentional. Please notify PINEAPPLE GROVE DESIGNS in writing if you suspect such material has been used. The material will be removed immediately from the Site.
5.1 All notices or demands to or upon PINEAPPLE GROVE DESIGNS shall be effective if in writing and shall be duly made when sent to PINEAPPLE GROVE DESIGNS in the following manner: to PINEAPPLE GROVE DESIGNS, PO Box 1121, Boynton Beach, FL 33425, Attn: Legal Department.
5.2 All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, facsimile or email to the last-known correspondence, fax or email address provided by the User to PINEAPPLE GROVE DESIGNS, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when
a. PINEAPPLE GROVE DESIGNS is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b. Immediately upon PINEAPPLE GROVE DESIGNS posting such notice on an area of the Site that is publicly accessible without charge.
6.1 Subject to any additional agreements, this Agreement constitutes the entire agreement between the User and PINEAPPLE GROVE DESIGNS with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.
6.2 PINEAPPLE GROVE DESIGNS and the User are independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
6.3 If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
6.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
6.5 PINEAPPLE GROVE DESIGNS failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives PINEAPPLE GROVE DESIGNS right to act with respect with subsequent or similar breaches.
6.6 PINEAPPLE GROVE DESIGNS shall have the right to assign its obligations and duties in this Agreement to any person or entity.
6.7 This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Florida.
Terms and Conditions of Sale
PINEAPPLEGROVE.COM and PINEAPPLEGROVEDESIGNS.COM Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Any order shall constitute a binding contract of purchase and sale in accordance with the following terms and conditions. These terms
and conditions together with all handwritten and printed material
contained in the document form the complete contract and THERE
ARE NO REPRESENTATIONS, WARRANTIES OF MERCHANTABILITY OR OF
FITNESS OR CONDITIONS EXPRESSED OR IMPLIED AFFECTING THIS
CONTRACT which extend beyond the description herein. All material
will be the property of Pineapple Grove Designs until final payment
has been received and shall be subject to Florida mechanics
lien law. Pineapple Grove Designs' products are not returnable
unless the products are defective in accordance with our warranty.
Items are custom-manufactured, therefore we require a signed
Order Acknowledgement and a deposit of 1/2 (50%) to process
your order. The balance is due prior to shipping or C.O.D. upon
receipt of the goods. These terms and conditions apply regardless
of any printed terms on your order. No portion of a payment due
shall be retained for any reason. No payment shall be made contingent
upon payments by third parties. No agent or representative
of the company is authorized to make any exceptions.
PAYMENT METHOD AND PURCHASE ORDERS
Payment may be made by company check or credit card. Purchase
orders are accepted from nonprofit organizations, governmental
agencies and universities. All purchase orders are net 30 days.
See Trade Price List for these additional charges.
STATE SALES TAX
Sales tax is required for shipments within Florida unless an original
signed Certificate of Resale is submitted to Pineapple Grove
Designs at the time of order placement.
WEIGHTS, COLORS AND FINISHES AND COMPOSITION
All weights shown in Pineapple Grove Designs' literature and/or quotations
are estimates and are not guaranteed. All weights are quoted
in pounds or fractions of pounds, and are approximates. See
Trade Price List for approximate weights. Slight variations may exist
between photographed colors and/or finishes shown in printed
material and actual colors and/or finishes. SculptStone™ and
SculptMetal™ are made from natural ingredients and surface texture
and color may vary. Pineapple Grove Designs reserves the right to make changes in material composition and sourcing without notice.
SHIPPING AND DELIVERY
All items are shipped UPS Ground or best Common Carrier collect.
Shipping/handling charges will be based on the weight, size and
complexity of the order. Merchandise is shipped Prepay & Add.
Curbside delivery is standard. Unloading and placement must be
arranged by purchaser. We require a 30-45 day lead time on most
orders. All orders are processed as received and we make every
effort to meet your delivery requirements. Pineapple Grove Designs,
however, is not liable for any loss or damage arising out of delay in
delivery of any of its products due to fire, floods, strikes, or any other
conditions or contingencies beyond its control.
Pineapple Grove Designs (PGD) warrants that all of its products are
conditionally guaranteed against defective material or poor workmanship
for a period of one year from date of shipment.
SculptMetal™ items are conditionally guaranteed against fading for
a period of ten years. PGD’s liability under this warranty shall be discharged
by replacing without charge F.O.B. PGD factory any goods,
or part thereof, which shall appear to the company upon inspection
to be of defective material or not of first class workmanship, provided
that claim is made in writing to PGD within 10 days of receipt
of material or in the case of SculptMetal™ fading, within the warranty
period. Where claims for defects are made, the defective part or
parts shall be delivered to the company, prepaid, for inspection.
PGD will not be liable for the cost of repairs, alterations or replacements,
or for any expense connected therewith made by the owner
or his agents, except upon written authority from PGD. PGD will not
be liable for any damages caused by defective materials or poor
workmanship, except for replacements, as provided above.
Purchaser agrees that PGD HAS MADE NO OTHER WARRANTIES of fitness
or of merchantability either expressed or implied which extend
beyond the description herein, except that of title with respect to
any of the products or equipment sold hereunder and that PGD
shall not be liable for general, special, or consequential damages
claimed to arise under the contract of sale. The warranty covers
only manufacturing defects. It does not cover cost of labor, other
materials, damage to other materials or incidental damages which
may result from manufacturer's defect. Product must be inspected
by purchaser prior to installation, and must be installed in strict
accordance with our detailed installation procedures.
Pineapple Grove Designs' responsibility for all things, except for warranty
obligations specified herein, ceases upon delivery of goods to
the transportation company in good order. Please inspect all merchandise
before signing for delivery. If goods are damaged in shipment
it becomes the responsibility of the consignee to have that
damage noted on the freight delivery receipt by the delivering carrier.
FAILURE TO NOTE DAMAGES, EITHER VISIBLE OR SUSPECTED, ON
FREIGHT RECEIPT AT TIME OF DELIVERY WILL PREVENT CLAIM BEING
PAID. Damage that must be noted includes visible carton damage
such as crushed corners, creases, etc. If the consignee believes
there may be concealed damage, or any damage is visible,
(regardless of consignee’s opinion as to whether it may be damaged
or defective) shipment must be inspected by the delivering
carrier and an inspection report made. The carrier, not the shipper,
shall be charged with any loss or damage. Consignee shall report
any damage to shipper who will file a claim with the delivering transportation
company on behalf of the consignee. No charge backs
will be allowed for arbitrary claim deductions due to failure of carriers
to pay legitimate claims in full. All claims for error, shortage or damage
must be made within 10 days after receipt of good. No claim’s value shall ever be greater than the original purchase
amount of the product. Claims against SculptMetal™ finishes must
be inspected and verified by Pineapple Grove Designs.
In the event of litigation: (1) the prevailing party shall recover its attorney's
fees and costs from the other party; (2) venue shall lie in Palm
Beach County, Florida; and (3) Pineapple Grove Designs' liability
shall be limited to and not exceed the sales amount of the specific
items pertinent to the litigation.
All designs manufactured by Pineapple Grove Designs are protected
by U.S. Copyright. Unlawful duplication of these protected items is a violation of federal law. Violators will be prosecuted to the full
extent of the law. Pineapple Grove Designs reserves all rights.