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Acknowledgement of Terms. This Terms of Use
Agreement (Agreement) is a legally binding agreement between you and Alcoa
Corporation (Alcoa) regarding the use of this Studio-A Web Site (Web Site) and
the products (Products), services (Services), and information (Content)
obtained through this Web Site. By accessing this Web Site or using the
services available through this Web Site, you agree that you have read and
understand this Agreement, and agree to all of the terms and conditions in this
Agreement. If you do not agree to the terms and conditions contained in this
Agreement, you may not use the Services or further access this Web Site. This
Agreement together with Alcoa Privacy Policy (incorporated into this Agreement
by reference) constitutes the entire agreement between you and Alcoa regarding
the Web Site and Services and supersedes and replaces any and all prior or
contemporaneous agreements, if any, between you and Alcoa relating to this Web
Site.
Agreement Amendment. Alcoa may modify this
Agreement at any time by posting modifications to this Web Site in the form of
a new Terms of Use Agreement. Your continued access to the Web Site or use of
the Services after such modifications are made shall signify your agreement to
such modifications. We encourage you to periodically review the posted
Agreement. You may at any time print, download and/or store a copy of this
Agreement. If you experience any difficulty in printing, downloading or storing
this Agreement, please contact us: AlcoaHomes@Elias-Savion.com.
Your Eligibility. The Web Site, Products and
Services are intended only for persons who are of legal age to form legally
binding contracts under applicable state law. The Web Site is not intended for,
and the Products and Services are not available to, individuals age 13 or
under. Alcoa may, at our sole and absolute discretion, refuse to accept a
person's (or entity's) registration, and may, at any time after accepting
registration, refuse to permit a User's continuing use of the Web Site or
Services.
Password and Security. Certain Products and
Services available on the Web Site require that you register with us
identifying a User Name and Password. You are solely responsible for
maintaining the confidentiality of any User Name and Password and are fully
responsible for all activities that occur under your Password or account. You
agree to (i) immediately notify us of any unauthorized use of your Password or
account or any other breach of security, and (ii) ensure that you exit from
your account at the end of each session. Alcoa cannot and will not be liable
for any loss or damage arising from your failure to comply with this provision.
Disclosure of Affiliations. Alcoa may work with
a variety of third parties to provide the Products and Services available on
this Web Site, and/or to provide links to other web sites. These third parties
may include, for example, home exterior designers and contractors, financial
and credit institutions, materials suppliers, web site design, hosting, and
maintenance providers, content providers, technology providers, and suppliers
of news information and services (Affiliates). These Affiliates may supply
information for posting on or access through this Web Site, and but they do not
control the content or policies of this Web Site.
Content and Other Information. The information
accessible on this Web Site (Content) is owned by Alcoa, its Affiliates, or
other third parties. This Content is provided to you solely for your personal
use. You may not access or use this Content for commercial, competitive, or any
other purposes. Except as otherwise specifically described in this Agreement,
you may not republish, post, copy, modify, or distribute any Content except
with the express written consent of Alcoa in each instance. Alcoa, or its
Licensors as applicable, expressly retains all right, title and interest in and
to any proprietary content and the related intellectual property rights.
Failure to adhere to these provisions could subject you to serious penalties
under federal copyright law.
Downloading and Using Content. You may copy
Content related to your personal home exterior design and provide it to third
parties only to the extent necessary for your personal use in evaluating and/or
selecting a designer and a personalized home exterior design, and/or retaining
a contractor to perform home exterior construction work for you. Any Content
downloaded or otherwise obtained through the Web Site or through use of the
Services is done at your own discretion and risk. You are solely responsible
for any damage or loss that results from the downloading or use of any Content.
You hereby release Alcoa, its directors, officers, employees, agents, service
providers and representatives, and each of their respective successors and
assigns from any and all actual or alleged damages which may result from your
downloading or using any Content.
Modifications to Services/Content. You
acknowledge and agree that Alcoa may change, modify, amend, suspend or
discontinue any aspect of the Web Site, Products, Services or Content at any
time, without notice and without liability to any you or any third party.
Products and Services.
Studio-A Products and Services: In order to purchase Studio-A Products,
you will be required to provide personal information about yourself and your
home, including suitable quality photographs of your home, and credit card
information for payment purposes. All information that you submit to Alcoa in
connection with Studio-A Products or Services becomes the property of Alcoa and
may be used by Alcoa for any purpose consistent with the Alcoa Studio-A Web
Site Privacy Policy. Your credit card information will be used only to process
your payment, manage your account, and resolve any related disputes in
connection with your purchase. Alcoa may reject any poor quality photographs
provided that are not, in Alcoa's or its Affiliates' reasonable judgment,
usable for purposes of preparing and providing the Studio-A custom home
exterior designs. If Alcoa rejects your photographs, or if you do not have an
appropriate camera, Alcoa will provide you with a camera via U.S. mail or other
delivery service of Alcoa's choosing. Provided that Alcoa receives
usable-quality photographs of your home that meet the minimum requirements
posted on the Web Site, and subject to your payment of the applicable fee
indicated on the Web Site, Alcoa shall provide a Studio-A Product package as
described on the Web Site. PURCHASES OF STUDIO-A PRODUCTS ARE NOT REFUNDABLE
FOR ANY REASON.
General: Alcoa may offer additional Products and/or
Services via this Web Site from time to time. While Alcoa shall make reasonable
efforts to provide the Products and Services offered via this Web Site and
shall use reasonable efforts in the performance of any such Services, Alcoa
cannot and does not guarantee the availability of any services, products, or
materials.
Links to Other Web Sites. The Web Site may
provide links to the web sites or services of others third-party sites. Links
to such third-party sites do not constitute any endorsement by Alcoa of such
third-party sites, or the products, content, materials or information presented
or made available by such sites. You acknowledge and agree that Alcoa, its
service providers and representatives, are not responsible for any damages or
losses caused or alleged to have been caused by the use of any third-party
sites, or from the products, content, material or information presented by or
available through those sites.
Third Party Advertisements. The Web Site may
display paid or non-paid advertisements for products, services or
organizations. The display of such advertisements on this Web Site does not
constitute endorsement by Alcoa of the advertisers, or of their products,
services or other subject matter of such advertisements. Alcoa reserves the
right, but has no obligation, to review the content of such advertisements, and
reserves the right to reject any advertisement that Alcoa believes, in its sole
discretion, to be illegal, inaccurate, defamatory, infringing, offensive, or
contrary to the objectives of the Web Site in any way. Alcoa shall have no
liability for the inaccuracies of any such advertisements, or liability for any
claims, costs, damages, or losses related to any products or services that are
the subject matter of such advertisements.
Intellectual Property. You acknowledge and
agree that the Web Site, Products, Services, Content, and any necessary
Software used in connection the Web Site and Services contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. Except as expressly authorized by Alcoa or its licensors, you
agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Products, Services or the Software, in whole or in part.
Alcoa grants you a personal, non-transferable, non-exclusive,
revocable right and license to use the object code of its Software solely for
the purpose of accessing the Web Site and using the Services, and provided that
you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Web Site or Services. You agree not to access the Services by any means
other than through the interface that is provided by Alcoa for doing so.
Alcoa and its logos are trademarks or service marks of Alcoa. No
display or use of such marks may be made without the express written permission
of Alcoa.
Disclaimer of Warranties. THE WEB SITE,
PRODUCTS, SERVICES AND CONTENT MADE AVAILABLE ON OR THROUGH THE WEB SITE ARE
PROVIDED ON AN "AS IS", "WHERE IS", "AS AVAILABLE" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR ACCURACY OF INFORMATIONAL CONTENT.
ALCOA AND ITS AFFILIATES DO NOT WARRANT THAT THE PRODUCTS,
SERVICES OR THE FUNCTIONS, FEATURES OR INFORMATION CONTAINED THEREIN OR ON THE
WEB SITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY CONTENT, ADVERTISEMENTS,
SERVICES, PRODUCTS, ITEMS OR OTHER MATERIALS USED IN CONNECTION WITH THE WEB
SITE OR THE SERVICES, WILL BE ACCURATE, FREE FROM DEFECT, TIMELY, SECURE,
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
Limitation of Liability: IN NO EVENT SHALL
ALCOA, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES, BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS OR DAMAGES
WHETHER ARISING FROM AN ACTION IN CONTRACT, TORT, OR OTHERWISE, RELATED TO OR
IN CONNECTION WITH THIS WEB SITE OR ANY SERVICES OR CONTENT MADE AVAILABLE ON
OR THROUGH THIS WEB SITE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALCOA, ITS SERVICE PROVIDERS
AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES IN CONNECTION
WITH ERRORS, OMISSIONS, OR INACCURACIES OF INFORMATIONAL CONTENT, OR ANY
DECISION MADE IN RELIANCE ON THE PRODUCTS OR CONTENT CONTAINED ON OR ACCESSIBLE
THROUGH THE WEB SITE.
YOUR SOLE REMEDY AND ALCOA'S AND ITS OFFICERS', DIRECTORS',
EMPLOYEES' AND AFFILIATES' SOLE OBLIGATION AND LIABILITY TO YOU FOR ANY BREACH
OF THIS AGREEMENT BY ALCOA IS LIMITED TO A REFUND OF ANY FEES PAID FOR PRODUCTS
OBTAINED VIA THIS WEB SITE. YOUR SOLE REMEDY FOR ANY OTHER CLAIMS IN CONNECTION
WITH THIS WEB SITE, THE PRODUCTS, SERVICES OR CONTENT IS TO DISCONTINUE USING
THIS WEB SITE AND THE RELATED CONTENT AND SERVICES. THE FOREGOING LIMITATION
SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
Notices. Any notice to Alcoa regarding the Web
Site, Products or Services should be directed to:
AlcoaHomes@Elias-Savion.com or personally delivered or mailed by
certified or other receipted mail service to: Alcoa Home Exteriors 1590 Omega
Drive Pittsburgh, Pa 15205
Any notice to you shall be given by both e-mail and by postal
delivery using the addresses given by the you during registration. Notice shall
be deemed given within three (3) days after the date of the postal mailing.
Severability. If any provision of this
Agreement is held by a court of competent jurisdiction to be invalid or
unenforceable, then such provision shall be enforced to the maximum extent
permissible so as to effect the intent of this Agreement, and the remainder of
this Agreement shall continue in full force and effect.
Choice of Law: This Agreement shall be governed
by and interpreted in accordance with laws of the Commonwealth of Pennsylvania,
without giving effect to any conflict of laws provisions. The parties hereby
consent to the exclusive jurisdiction of and agree that venue is proper and
convenient in the state and federal courts situated in the Commonwealth of
Pennsylvania.
Waiver. The failure of Alcoa to exercise or
enforce any right or provision of this Agreement will not deemed a waiver of
such right or provision.
Survival. The provisions of this Agreement
which by their nature would continue beyond termination or expiration of this
Agreement shall survive termination or expiration.
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