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Below you will find information which details your relationship with Trade Only Design Library, Inc. in its entirety.
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:
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 also may receive information about your industry participation from other sources, such as trade associations, publications, and events, and add it to the personal information you have provided to us. 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, type of product specification, industry participation, and mailing address to send you printed information if they choose to do so. Your 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, mailing address, phone, fax, email address, occupation, industry participation, 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.