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Website Terms and Conditions of Use

Last modified: April 23, 2024

Welcome to our website. Knot Just Decks, Inc. (the “Company,” “we” or “us”), owns and operates this website, www.KnotJustDecks.com (the “Website”). By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this website.

1. Terms of Use. This Terms of Use specifies the Terms and Conditions for access to and use of the “Website” and describes the terms and conditions applicable to your access of and use thereof.

2. Changes to the Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. You can view the most recent version of these terms at any time at www.KnotJustDecks.com. Each use by you shall constitute and be deemed your unconditional acceptance of the Terms of Use.

3. Ownership and Use of Content.

(a) The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, graphics, displays, images, user and visual interfaces, specifications, certifications, technical guidelines, catalogs, data, video, audio, and other Company materials contained herein, as well as the design, structure, selection, coordination, expression, “look and feel” and arrangement thereof (herein, the “Content”), are owned by the Company, its licensors, or other third party providers of such Content and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any copying, redistribution, uploading, posting, mirroring (to any other computer, server, website or other medium, public display), republication, transmission, sale, incorporation into derivative works, or other distribution by you of any such Content or any part of the Website is prohibited, except as expressly permitted in these Terms of Use. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.

 

(b) The Company makes no claims that this Website and its Content are appropriate or may be downloaded outside of the location in which the Company has locations. Access to the Content may not be legal by certain persons or in other countries, so if you access the Website from outside the Company’s location, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

4. Intended Audience. This Website is intended for adults only. This Website is not intended for any user under the age of 18. Certain sections of this Website are intended for particular audiences including the Company’s employees and customers, as well as the general public.

5. Website Use.

(a) The Company grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use. By using the Website, you agree not to use the Website in violation of any applicable laws, not to use it for insertion of your own or a third party’s advertising, branding or other promotional content, nor to infringe or violate any third party rights, or employ any device intended to disable or impair the Website’s operation.

(b) You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this Website is at the discretion of the Company and the Company may terminate your use of this website at any time.

(c) Unless and to the extent that products or services are sold directly through this Website, any cost estimates provided herein, are simply estimates and should not be relied upon as a quotation or offers by the Company to sell any of such products or services to you. Home prices refer to the base price of the house plan and do not include real estate lots, custom selections in excess of the standard allowances, or building site preparation costs in excess of the standard allowances unless otherwise indicated. Prices are subject to change without notice.

6. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

 

7. Product and Services Availability. This Website has been established primarily for the benefit and use of Company’s customers and potential customers. Not all products or services referred to may be available, and the Company may change or discontinue the product or service described by this Website at any time. This Website may include inaccuracies, and the information in this Website may be changed periodically. Check with Knot Just Decks before relying on any product-related information or service-related information found in this Website.

 

8. Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use or misuse of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

 

9. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

10. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms of Use that directly conflict with such laws may not apply to you.

 

11. Links from the Website. If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.

 

12. Use of Information. You understand and agree that any submission by you of any ideas, suggestions, concepts, methods, systems, designs, plans, techniques, business information, inventions or other information relating to the Company’s products or services is on a non-confidential basis, and by doing so you represent and warrant that you own or have a license to use such information, and, further, grant the Company an unrestricted, irrevocable, perpetual, sublicensable, and royalty free license to use, reproduce, display and transmit such information. The Company reserves the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.

 

13. Applicable Law. You expressly agree that all matters relating to the Website and to these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction). You further agree and consent to the exercise of exclusive subject matter and personal jurisdiction, regarding any dispute with the Company, or in any way relating to your use of the Website, in any state of federal court in Allen County, Indiana in connection with any such dispute.

 

14. Waiver and Severability. No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or a provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

 

15. Termination. The Company may terminate these Terms of Use at any time, with or without notice, for any reason.

 

16. Relationship of the Parties. Nothing contained in these Terms of Use or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

 

17. Entire Agreement. The Terms of Use constitutes the entire agreement between you and the Company and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to this Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. The Company may revise these Terms of Use at any time by updating these Terms of Use and posting it on the Website. Accordingly, you should visit the Website and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

 

Privacy Policy

Last modified: April 23, 2024

Knot Just Decks, Inc. (the “Company,” “us” or “we”) respect your privacy and are committed to protecting it through compliance with this Policy. The Company provides or otherwise makes available to you certain online services, including our Website, software, software add-ins, and other online programs, as well as related products and services we may offer to you (collectively, the “Services”). This Policy discloses the privacy practices and possible uses of information that knotjustdecks.com (our “Website”) collects via the Services. This Policy also covers how personal and other information that we receive or collect about you is treated. Please read the information below to learn the following regarding your use of this Website.

You acknowledge that this Privacy Policy is designed to be read in connection with our Website Terms and Conditions of Use and that by accessing or using our Website, you agree to be bound by the Website’s terms and conditions, as well as this Policy.

We reserve the right to change this Privacy Policy from time to time. We may also update this Policy from time to time in our discretion. Any such updates will be posted on the Website, or you will be notified of any updates when you access or log into the Website. We may also do so by updating any privacy information on this page. Your continued use of the Website and/or Services available through this Website after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) your agreement to abide and be bound by that Policy.

If you have any questions about this Policy, please feel free to contact us in the manner in the manner noted in Section 6.

IMPORTANT: BY USING THE WEBSITE AND/OR OFFERINGS AVAILABLE ON THIS WEBSITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.

1. Types of Information We Collect. We collect information about our users in various ways, including by our users’ voluntary submissions, by your utilization of the Services, and through the use of cookies and other tracking technology, as described in Sections 2(a) and 2(b). We collect two types of information about our users: Personally Identifiable Information (“PII”) and Aggregate Information.

 

(a) Personally Identifiable Information: This refers to information that lets us know the specifics of who you are, when you use the Services, such as obtaining an initial quote for a product or service, or sending us feedback, we may ask you to provide certain information about yourself.

Examples of PII may include your first and last name, email address, postal mailing address (including city, state or province zip code), and telephone, as well as other identifying information such as IP address, user and device name and geolocation.

You may choose not to provide certain of this information, by simply not entering or providing the information, but as a result, you may not be able to take advantage of some or all of our Services. Or you may withdraw your consent to use your PII at any time, by clearing or blocking cookies as described in Section 4 or utilizing the contact information provided in Section 6.

We do not disclose PII to third parties, except (1) when we have your permission, (2) when the disclosure is necessary for the purpose for which the information was obtained, as disclosed herein, (3) when the third party is acting on behalf of us to provide or manage the Website or the Services, (4) when required by applicable law, or (5) where otherwise stated in this Policy.

Some recipients to whom we disclose your PII may be located in jurisdictions outside your jurisdiction of residence, and, as a result, your PII may be used, stored or accessed in countries outside of your jurisdiction of residence. In such cases, the PII will be subject to the laws of the country in which it is situated, and these jurisdictions may not have an equivalent level of data protection as those in your country.

 

(b) Aggregate Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Website and what other websites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the Website’s Uniform Resource Locator (“URL”) that points to the website you just came from, which URL you go to after visiting our Website, what browser you are using, and your Internet Protocol (“IP”) address.

 

2. How We Collect and Use Information. We do not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to submit a form or email message.

We will primarily use your PII to provide product or service offerings to you. We will also use certain forms of PII to enhance the operation of our Website, improve our internal marketing and promotional efforts, statistically analyze Website use, improve our product and service offerings, and customize our Website’s content, layout, and services. We may use PII to deliver information to you and to contact you regarding administrative notices. Finally, we may use your PII to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Website Terms of Use, and this Privacy Policy.

The technologies we use for this automatic data collection may include:

(a) Cookies (or browser cookies). Cookies are small text files placed on the hard drive of your computer that are used to track user behaviors, recognize repeat users, and target advertising content. Cookies do not identify specific users, only the user’s device. Depending on how you use our Website, we may store cookies on your computer in order to collect certain aggregate data about our users and to customize certain aspects of your specific user experience. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Website. We may use cookies to perform tasks such as: monitoring aggregate website usage metrics, storing and remembering your passwords (if you allow us to do so), storing account and advertising preferences that you have set, and personalizing the Services we make available to you. However, we do not use cookies to track your browsing behaviors.

You may refuse to accept browser cookies by activating the appropriate settings on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

 

(b) Other Tracking Technologies. Such technologies (such as Web Beacons and Flash Cookies) may record information such as Internet domain and host names, IP addresses, browser software and operating systems, and dates and times of use. We may also use Google Analytics to collect information regarding your behavior, demographics, and geolocation or to help us to better develop Website Content.

 

3. Third-Party Use of Cookies and Other Tracking Technologies. We seek to establish relationships with third-party vendors or service providers that we believe are reputable and able to adequately protect personal data. Some content on the Website are served by third-parties. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

 

4. User Choices on Collection and Use of Information. We may, from time to time, send you email and/or text regarding new products and services that we feel may interest you. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally call or send you direct mail about products and services that may be of interest to you. Only Company (or agents working on behalf of Company and under confidentiality agreements) will send you these solicitations, and only if you have previously indicated that you wish to receive them. If you do not want to receive solicitations from us, you can “opt-out” by accessing your account online editing your account information to no longer receive such offers and mailings.

You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Website may not work properly in your case. California residents may have additional personal information rights and choices.

 

5. Disclosure of Your Information. We may disclose Aggregated Information about our users without restriction. We may disclose PII that we collect or you provide as described in this policy:

  • To our subsidiaries and affiliates.

  • To contractors, service providers, and other third parties we use to support our business.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.

  • To fulfill the purpose for which you provide it.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

 

We may also disclose your PII:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce or apply our Terms of Use or Terms of Sale and other agreements, including for billing and collection purposes.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

6. Updating and Correcting Information; Contact Information. We believe you should have the ability to access and edit the PII that you have provided to us. Some portions of the Services may also enable you to access and update your PII by visiting a specific web page or similar functionality within the Service. On those pages, you may be able to update your information, as well as manage your email preferences. If you wish to access or update your PII and are not able to do so through the Services or on this Website, please contact us, as indicated below.

 

If you have any questions, concerns or inquiries about your Privacy Policy, our use of your PII, or our privacy practices, you can reach us at:

Knot Just Decks

3753 Lima Rd

Fort Wayne, IN 46805

(260) 745-0337

info@myknotjustdecks.com

Please include your name, address, and/or email address when you contact us.

7. Security of Your PII. At our Website you can be assured that we take the protection of your PII seriously. We employ measures to protect your PII against loss or theft, as well as unauthorized access, disclosure, copying, use, modification or destruction thereof utilizing security measures, including physical, organization and technological measures consistent with current industry standards. For example:

  • We work hard to ensure that the data we collect is reliable, accurate, complete and current. We encrypt all PII, in order to prevent unauthorized parties from viewing such information when it is transmitted to us. We also only keep collected information only for as long as reasonably necessary and use it only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.

  • We limit access to PII only to specific employees, contractors and agents who have a reasonable need to come into contact with your information. For example, we may provide members of our technical support team with limited access to your account in order to allow them to troubleshoot problems you may be having with the Website.

  • Additionally, we also employ a number of physical, electronic, and procedural safeguards to protect PII. Our secure servers and our data centers are protected by industry-standard encryption, and our servers reside behind firewalls and employ high-level password protection.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed.

8. Miscellaneous.

(a) Intended Audience. You must be at least 18 years old to have our permission to use this Website. Our policy is that we do not knowingly collect, use or disclose PII about minor visitors.

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