Terms & Conditions

Your impactgaragedoors.net Account and Site. If you create a blog or site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a way intended to trade on the name or reputation of others, and Impact Garage Doors may edit or remove any description or keyword it deems inappropriate, unlawful, or likely to result in liability for Impact Garage Doors. You must immediately notify Impact Garage Doors of any unauthorized use of your blog, your account, or any other breaches of security. Impact Garage Doors will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. This applies regardless of whether the Content consists of text, graphics, audio files, or computer software. By making Content available, you represent and warrant that: The downloading, copying, and use of the Content will not infringe the proprietary rights—including, but not limited to, copyright, patent, trademark, or trade secret rights—of any third party;

If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content (including but not limited to any software), or (ii) obtained a waiver of all rights in or to the Content; You have fully complied with all third-party licenses relating to the Content and have taken all necessary steps to pass through any required terms to end users; The Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive elements; The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content intended to drive traffic to third-party sites or improve third-party search engine rankings, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (e.g., spoofing); The Content is not pornographic, does not contain threats or incite violence against individuals or entities, and does not violate the privacy or publicity rights of any third party; Your blog is not being promoted via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods; Your blog is not named in a manner that misleads your readers into believing you are another person or company. For example, your blog’s URL or name must not be the name of a person or entity other than yourself or your own organization; In the case of Content that includes computer code, you have accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Impact Garage Doors or not. By submitting Content to Impact Garage Doors for inclusion on your Website, you grant Impact Garage Doors a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your blog. If you delete Content, Impact Garage Doors will use reasonable efforts to remove it from the Website, but you acknowledge that cached versions or references to the Content may not be removed immediately. Without limiting any of the above representations or warranties, Impact Garage Doors reserves the right (though not the obligation), in its sole discretion, to (i) refuse or remove any Content that, in its reasonable opinion, violates any Impact Garage Doors policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. Impact Garage Doors will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal

General Terms By selecting a product or service, you agree to pay

Impact Garage Doors the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an upgrade and will cover the use of that service for the corresponding monthly or annual subscription period, as indicated. Payments are non-refundable.
Automatic Renewal Unless you notify Impact Garage Doors before the end of the applicable subscription period that you wish to cancel your subscription, your subscription will automatically renew. You authorize us to charge the then-applicable annual or monthly subscription fee (as well as any applicable taxes) using any credit card or other payment method we have on file for you. Upgrades can be canceled at any time by submitting a written request to

Impact Garage Doors.

Services

Fees; Payment By signing up for a Services account, you agree to pay Impact Garage Doors the applicable setup fees and recurring service fees. Applicable charges will be invoiced starting from the day your services are established and billed in advance for ongoing use. Impact Garage Doors reserves the right to change its payment terms and fees with thirty (30) days' prior written notice to you. Services may be canceled by you at any time with thirty (30) days' written notice to Impact Garage Doors.

Support If your service includes access to priority email support, “email support” refers to the ability to submit technical support requests by email at any time.

Impact Garage Doors will make reasonable efforts to respond within one business day. “Priority” support means that your support requests will be given precedence over those of users of the standard or free impactgaragedoors.net services. All support services will be provided in accordance with Impact Garage Doors’ standard practices, procedures, and support policies.

Responsibility of Website Visitors Impact Garage Doors has not reviewed, and cannot review, all of the material—including computer software—posted to the Website, and therefore cannot be responsible for the content, use, or effects of that material. By operating the Website, Impact Garage Doors does not represent or imply that it endorses the material posted there, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical errors, and other mistakes. It may also contain material that violates privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties—or material whose downloading, copying, or use is subject to additional stated or unstated terms and conditions. Impact Garage Doors disclaims any responsibility for any harm resulting from the use of the Website by visitors, or from any downloading of content posted on the Website by those visitors.

Content Posted on Other Websites We have not reviewed, and cannot review, all of the material—including computer software—made available through the websites and webpages that link to or are linked from impactgaragedoors.net. Impact Garage Doors has no control over non-Impact Garage Doors websites and webpages and is not responsible for their content or their use. By linking to a non-Impact Garage Doors website or webpage, Impact Garage Doors does not represent or imply that it endorses such site or page. You are responsible for taking necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Impact Garage Doors disclaims any responsibility for any harm resulting from your use of non- Impact Garage Doors websites and webpages.

Copyright Infringement and DMCA Policy Just as Impact Garage Doors asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by impactgaragedoors.net violates your copyright, you are encouraged to notify Impact Garage Doors in accordance with its Digital Millennium Copyright Act (“DMCA”) Policy. Impact Garage Doors will respond to all such notices as required or appropriate, which may include removing the infringing material or disabling links to the infringing content. Under appropriate circumstances, Impact Garage Doors will terminate a visitor’s access to and use of the Website if the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Impact Garage Doors or others. In the case of such termination, Impact Garage Doors will have no obligation to provide a refund of any amounts previously paid.

Intellectual Property This Agreement does not transfer from Impact Garage Doors to you any Impact Garage Doors or third-party intellectual property, and all rights, title, and interest in and to such property will remain (as between the parties) solely with Impact Garage Doors. Impact Garage Doors, impactgaragedoors.net, the impactgaragedoors.net logo, and all other trademarks, service marks, graphics, and logos used in connection with impactgaragedoors.net or the Website are trademarks or registered trademarks of Impact Garage Doors

or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of third parties. Your use of the Website does not grant you any right or license to reproduce or otherwise use any Impact Garage Doors or third-party trademarks.

Advertisements Impact Garage Doors reserves the right to display advertisements on your blog unless you have purchased an ad-free account.

Attribution Impact Garage Doors reserves the right to display attribution links such as “Blog at impactgaragedoors.net ,” theme author, and font attribution in your blog footer or toolbar.

Partner Products By activating a partner product (e.g., a theme) from one of our partners, you agree to that partner’s terms of service. You may opt out of those terms at any time by deactivating the partner product.

Domain Names If you register, use, or transfer a domain name through the Website, you acknowledge and agree that your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

Changes Impact Garage Doors reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Impact Garage Doors

may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services will be subject to the terms and conditions of this Agreement.

Termination Impact Garage Doors

may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your impactgaragedoors.net account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account may only be terminated by Impact Garage Doors if you materially breach this Agreement and fail to cure the breach within thirty (30) days after receiving notice from

Impact Garage Doors. However, Impact Garage Doors may terminate the Website immediately as part of a general shutdown of its services. All provisions of this Agreement that by their nature should survive termination shall survive, including without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties The Website is provided “as is.” Impact Garage Doors and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Impact Garage Doors nor its suppliers and licensors make any warranty that the Website will be error-free or that access will be continuous or uninterrupted. You understand that you download content from, or otherwise obtain services through, the Website at your own discretion and risk.

Limitation of Liability In no event will Impact Garage Doors, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to Impact Garage Doors under this Agreement during the twelve (12) month period prior to the cause of action. Impact Garage Doors shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing limitations shall not apply to the extent prohibited by applicable law.

General Representation and Warranty You represent and warrant that: (i) your use of the Website will be in strict accordance with the Impact Garage Doors Privacy Policy, this Agreement, and all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area regarding online conduct and acceptable content, as well as all applicable laws related to the transmission of technical data exported from the United States or the country in which you reside); and

(ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification You agree to indemnify and hold harmless Impact Garage Doors, its contractors, and its licensors, as well as their respective directors, officers, employees, and agents, from and against any and all claims and expenses (including attorneys’ fees) arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous This Agreement constitutes the entire agreement between Impact Garage Doors and you concerning the subject matter herein and may only be modified by a written amendment signed by an authorized executive of Impact Garage Doors , or by the posting of a revised version by Impact Garage Doors. Except to the extent applicable law (if any) provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of the State of Michigan, USA, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to this Agreement, the Website, or services shall be the state and federal courts located in Macomb County, MI.
Except for claims related to injunctive or equitable relief or intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed under such rules. The arbitration will take place in New Haven, MI, in English, and the arbitral decision may be enforced in any court.

The prevailing party in any action or proceeding to enforce this Agreement will be entitled to recover its costs and attorneys’ fees. If any provision of this Agreement is found invalid or unenforceable, it will be construed to reflect the parties’ original intent, and the remaining provisions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any instance, will not be deemed a waiver of such term or condition or any subsequent breach. You may assign your rights under this Agreement to any party that agrees to be bound by its terms; Impact Garage Doors may assign its rights under this Agreement without condition. This Agreement will be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

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