Below you will find information which details of your relationship with
Trade Only Design Library, Inc. in its entirety.
Disclaimer:
TODL, Inc. is providing this database and its contents on an "as is"
basis and makes no representations, warranties or claims of any kind as
to the accuracy, or completeness of the information, text, graphics, and
links contained in respect to the database or its contents. Price and
availability information is subject to change without notice.
Neither TODL, Inc. nor any of its directors, employees or other
representatives will be liable for damages arising out of or in
connection with the use of this site. This is a comprehensive limitation
of liability that applies to all damages of any kind, including (without
limitation) compensatory, direct, indirect or consequential damages,
loss of data, income or profit, loss of or damage to property and claims
of third parties.
Other Web Sites and Links:
This web site may contain links to other web sites. Please note that
this Privacy Policy does not cover the privacy practices of those other
web sites of our partners and affiliates, and we are not responsible for
the privacy practices or the content of such web sites, partners, or
affiliates. You should be careful to review any privacy policies of such
web sites, partners, or affiliates.
Contract Agreement:
Please read carefully.
1. Scope of Agreement: Under this Agreement ("Agreement"), Trade Only
Design Library, Inc. (hereinafter referred to as "TODL", "we", "our" or
"us") provides and makes available on-line information and services (the
"Service") relating (but not limited) to the design industry which
includes interior designers, architects, facility managers, stocking
retailers and other professional specifiers and purchasers.
This Service is made available to registered subscribers and/or
authorized users ("you", "your" or "subscriber"). By selecting "I AGREE"
when registering or if you use the Service, you agree to be bound by
this Agreement. The term "use" means the use and availability of, access
to, transmission to or from or any exchange of information or
communication in connection with or arising from the Service.
This is the entire agreement between you and us, superseding any prior
agreements regarding its subject matter. Whenever new products or
services become available, your use of them will be under this Agreement
unless we notify you otherwise. You must comply with any additional
terms which apply to third-party content, software or other services. We
may change this Agreement at any time and we will send you notice of any
changes. Any changes will take effect 30 days after we send you notice
("effective date"). You can read a current copy of this Agreement at any
time by coming back to the "Registration" or "Terms & Conditions" page.
If any change is not acceptable, you may terminate your membership as
described below, but using the Service after the effective date means
you accept the changes.
2. Membership Information: You will provide us with accurate and
complete registration information and advise us promptly of any changes.
If you don't, you will be in breach of this Agreement allowing us to
immediately terminate your membership and use of the Service. When you
register, you will receive a user name and password which we may assign
or allow you to select. You may not select a user name which violates
anyone's rights or one, in our sole discretion, we consider offensive,
improper or inappropriate. If you do, we can modify or delete it.
Membership to the Trade Only Design Library is FREE to trade
professionals. Industry professionals include, but are not limited to
interior designers, architects, facility managers and stocking
retailers. Applicants must apply for membership providing current
business information in addition to industry references.
3. Rights and Responsibilities: The Service provides information, visual
images, data, content, and other materials and services, communications,
transmissions and other items, tangible or intangible, which are
referred to as "Materials". Materials can be furnished, made available
and/or accessible from one party to another and they can be perceived
either directly or with the aid of a machine, program or device and can
be owned by us, provided through an arrangement we have with others or
which may be accessed through use of the Service. You have no rights in
or to the Material and you will not use Material, except as permitted
under this Agreement. You agree to comply with all notices and
requirements accompanying third-party Material.
TODL was developed for the express use of designers, architects,
facility managers and stocking retailers to assist in the research and
specification of design products, including but not limited to,
furniture, accessories, lighting, plumbing, wall treatments, flooring,
window treatments, etc. This database is not for the general public.
You may not allow another to use your subscription, user name, password
or the Service, directly or indirectly, nor upload, distribute,
transmit, communicate, link to, publish or access any material or
information through, using or otherwise in connection with the Service,
that: (a) is libelous, defamatory, vulgar or obscene, pornographic,
sexually offensive or explicit, harmful or harassing, threatening,
hateful, racially, culturally, ethnically or otherwise objectionable or
offensive, discriminatory or abusive; (b) violates any law or regulation
or the rights of others; (c) causes duress, distress or discomfort to
another; or (c) infringes any intellectual property, proprietary rights
or confidentiality obligations of others. You are solely responsible and
liable for any such activity or conduct. We have no liability and you
bear the sole and exclusive risk associated with use of or reliance on
the accuracy, completeness, correctness or usefulness of any Material in
connection with your subscription, user name or password. Although we do
not pre-screen, we reserve the unconditional right to remove Material we
consider harmful, offensive, in violation of law, regulation or any
agreement.
You also may not, nor allow another to use, your subscription, user
name, password or the Service, directly or indirectly, to: (a) attempt
to or actually disrupt, impair or interfere with, alter or modify the
Service or any Material; (b) act in a way that affects or reflects
negatively on use, the Service, or any other; (c) transmit or
communicate any advertising, promotion or solicitation; (d) collect or
attempt to collect any information of others, including passwords,
account or other information.
4. Information About You: "Personal Information" means any information
relating to your subscription and use of the Service and which
specifically identifies you or your account. We may store and use your
personal information for our own internal purposes and we reserve the
right to access, monitor and retrieve password-protected information for
compliance with this Agreement. We will not disclose your personal
information, except as described in this Agreement, nor will we disclose
information to others that would connect your user name with your actual
name unless we are compelled by law.
We do not sell or rent our mailing lists, e-mail lists or membership
lists. As a Member, you can choose to e-mail your contact information to
a listing manufacturer by using any of the 'Request for Information'
links found on each of the Specification Sheets. At our sole discretion,
we still reserve the right to make exceptions, whenever we believe an
emergency, illegal activity or some other reasonable basis exists for
notifying or providing such information to the appropriate authorities.
We sometimes aggregate information about our subscribers and you agree
we can make such statistical information available to others, as long as
we don't identify you.
Your information is provided to listing manufacturers as follows:
If you look at a manufacturer's products or go to their website, the
manufacturer is provided your name, firm and physical mailing address to
send you printed information if they choose to do so. Phone, fax, email
and website data are not disclosed. If you do not want manufacturers to
mail you printed material regarding their company and/or product, you
can email or call TODL's Membership Department and request to have your
name and mailing address withheld unless you specifically request
information from a manufacturer through the use of one of the 'Request
for Information' links on a product specification page.
If you click on any of the 'Request for Information' links on the
product specifications page, a window will appear showing your request
and your contact information. Once you press the 'send' or 'submit'
button, your name, firm, physical address, phone, fax, email address,
occupation and type of product specification are sent to the
manufacturer with your request in order to allow the manufacturer to
directly follow up with you.
Your complete information is only sent when you personally select to
send it by requesting information, reviewing the request and selecting
the 'send' or 'submit' button.
5. Liability and Warranty: You are entirely liable for activities
conducted by you or anyone else in connection with your subscription and
use of the Service. You must keep your user name and password secret and
not disclose it to others. You may not allow others to use the Service,
your subscription, user name or password. If you do, you (i) assume all
responsibility and liability associated with such use; and (ii)
indemnify and hold us harmless for any such use.
We do not warrant the accuracy, completeness, correctness or other
characteristics of any Material or Information available on or through
our Service. It is your responsibility to confirm product data, sizes,
finishes, pricing and lead time with the manufacturer. While TODL takes
pride in the accurateness of its product data, typographical errors,
manufacturer data and other such information can be compromised or
incorrect and so requires you to confirm the product information with
the manufacturer. We are not liable for any pricing errors, lead time
delays, discontinued product or customer service issues of the
manufacturers listed on the TODL website.
We do ask that if you do encounter bad business practices with regard to
a manufacturer listed on TODL that you report it to us immediately.
We are not be liable for any loss or injury resulting directly or
indirectly from our Service, whether or not caused in whole or in part
by our negligence or by contingencies beyond our control (such as
computer viruses). Neither we, nor our suppliers or manufacturers, are
responsible or liable, directly or indirectly, for any loss or damage
caused by use of or reliance on or inability to use or access any of our
Service, Material, content, information, goods or services.
Your access to and use of our Service, is at your sole risk and are
provided "as is" and "as available".
6. Indemnification: You agree to defend, indemnify and hold us, our
employees, agents, officers, directors, agents, contractors, suppliers
and other representatives harmless from and against all liabilities,
damages, claims, actions, costs and expenses (including attorneys'
fees), in connection with or arising from your breach of this Agreement
and/or your use of the Service.
7. Termination: We or you can terminate your membership at any time on
an immediate basis. Termination is your sole right and exclusive remedy
if you are not satisfied with our Service. We can terminate this
Agreement, restrict or terminate your access to and use of the Service
immediately and without notice or liability, if you breach this
Agreement in any way, or if we find on internal investigation that your
qualifications are in question.
You can terminate your membership by notifying Customer Service at
800-631-3111, or by sending your cancellation request via electronic
mail to memberservices@TODL.com or by regular mail to Trade Only Design
Library, Inc., 1150 Kapp Drive, Clearwater FL 33765. Termination will
take effect no later than 30 days after we receive your notice.
8. Governing Law, Interpretation and Jurisdiction: This Agreement shall
be construed according to the laws of the State of Florida, and original
jurisdiction shall remain in Pinellas County, Florida, as the location
of the execution of the Agreement.
9. Legal Notices: Any written correspondences between the parties must
be mailed certified return receipt requested, to the other party for the
notice to be deemed irrefutably received. All correspondences must be
mailed to TODL at 1150 Kapp Drive, Clearwater FL, 33765.