Copyrights
This Site and the materials within it are © 2003 InDream
Corporation, Inc. ("InDream Corporation"). Viewing
this Site creates a copy of Patio-Fire-Pits materials in
your computer's random access memory and/or in your hard drive
and/or in your proxy server.
Use
License
The Patio-Fire-Pits, Inc. ("The Patio-Fire-Pits" or
"Patio-BBQ-Grills" or "Patio-Designs" or
"Patio-Furniture-Outdoor-Furniture") and InDream Corporation
jointly grant you permission to view this Site and to print
individual pages from this Site for your own personal, noncommercial
use, provided that you agree to and accept without modification
the notices, terms and conditions set forth in this agreement.
You may not modify, copy (except as set forth in the preceding
sentence), distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer or
sell any information, material, software, products or services
from this Site.
Your
use of this Site constitutes your agreement and acceptance
without modification of the notices, terms and conditions
set forth herein. In addition, as a condition of your use
of this Site, you represent and warrant to Patio-Fire-Pits
that you will not use this Site for any purpose that is unlawful,
immoral or prohibited by these terms, conditions and notices.
If you do not agree and accept without modification the notices,
terms and conditions set forth herein, do not use this Site.
Other than this agreement and agreements between you and The
Patio-Fire-Pits relating to the sale of products or services
to you through this Site, Patio-Fire-Pits will not enter
into any agreement with you or obligation to you through this
Site and no attempt to create such an agreement or obligation
will be effective.
Trademarks
The trademarks, service marks and logos (the "Trademarks")
used and displayed on this Site are registered and unregistered
Trademarks of InDream Corporation and others. Nothing on this
Site should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any Trademark displayed
on the Site, without the prior written permission of the Trademark
owner. InDream Corporation aggressively enforces its intellectual
property rights to the fullest extent of the law. The name
of The Patio-Fire-Pits, The Patio-Fire-Pits logo or the
other Patio-Fire-Pits formatives may not be used in any way,
including in advertising or publicity pertaining to distribution
of materials on this Site, without prior, written permission
from InDream Corporation. InDream Corporation prohibits use
of The Patio-Fire-Pits logo as part of a link to or from
any site unless establishment of such a link is approved in
advance by InDream Corporation in writing. Fair use of InDream
Corporation's Trademarks requires proper acknowledgment. Other
product and company names mentioned in this Site may be the
Trademarks of their respective owners.
Product
Orders
While we will use our best efforts to fulfill all orders,
Patio-Fire-Pits cannot guarantee the availability of any
particular product displayed on this Site. Patio-Fire-Pits
reserves the right discontinue the sale of any product listed
on this Site at any time without notice.
Product
prices offered on this Site may vary from other advertised
prices due to varying conditions in different geographic markets.
The
prices displayed on this Site are quoted in U.S. dollars and
are valid and effective only within the United States, and
such prices do not include shipping and handling or sales
taxes, if applicable, which will be added to your total invoice
price. You are responsible for the payment of any shipping
and handling charges and state and local sales or use taxes
that may apply to your order.
While
our goal is a 100% error-free Site, we do not guarantee that
any content is accurate or complete, including price information
and product specifications. If we discover price errors, they
will be corrected on our systems, and the corrected price
will apply to your order. Patio-Fire-Pits reserves the right
to revoke any stated offer and to correct any errors, inaccuracies
or omissions (including after an order has been submitted
and accepted).
For
further information about purchasing products from Patio-Fire-Pits,
please read our FAQ: General Information About Products and
our Product Return Policy carefully.
Links
to Third Party Sites
This Site may contain links to Sites owned or operated by
parties other than InDream Corporation or The Patio-Fire-Pits.
Such links are provided for your reference only. The Patio-Fire-Pits
does not control outside Sites and is not responsible for
their content. The Patio-Fire-Pits's inclusion of links to
an outside Site does not imply any endorsement of the material
on the Site or, unless expressly disclosed otherwise, any
sponsorship, affiliation or association with its owner, operator
or sponsor, nor does Patio-Fire-Pits's inclusion of the links
imply that Patio-Fire-Pits is authorized to use any trade
name, trademark, logo, legal or official seal or copyrighted
symbol that may be reflected in the linked Site.
Cautionary
Statement Pursuant to the Private Securities Litigation Reform
Act of 1995
Statements of Patio-Fire-Pits's expectations for new stores,
capital spending, sales growth, earnings performance and similar
financial and operating measures found in the press releases,
SEC reports, and other materials found on this site constitute
"forward-looking statements" as defined in the Private
Securities Litigation Reform Act of 1995. Words or phrases
such as "should result," "are expected to,"
"we anticipate," "we estimate" or "we
project," as well as other similar expressions are intended
to assist readers in identifying these "forward-looking
statements." Such statements are based on the currently
available operating, financial and competitive information
as of the date of such statements and are subject to various
risks and uncertainties that could cause actual results to
differ materially from the company's historical experience
and its stated expectations. These risks and uncertainties
include, but are not limited to, fluctuations in and the overall
condition of the U.S. economy, stability of costs and availability
of sourcing channels, conditions affecting new store development,
the company's ability to attract, train and retain highly-qualified
associates, unanticipated weather conditions, the impact of
competition and regulatory and litigation matters. Undue reliance
should not be placed on such forward-looking statements, as
such statements speak only as of the date on which they are
made. Additional information regarding these and other risks
is contained in the company's periodic filings with the Securities
and Exchange Commission.
The
Patio-Fire-Pits also may make employment information available
through this Site. The Patio-Fire-Pits is an equal opportunity
employer. The Patio-Fire-Pits provides equal employment opportunity
to qualified persons without regard to race, color, religion,
sex, national origin, age, veteran status or disability. The
Patio-Fire-Pits's policy relates to all phases of employment
including recruitment, placement, promotion, training, demotion,
transfer, layoff, recall and termination, rates of pay, employee
benefits and participation in all company-sponsored employee
activities.
THE
INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR
REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS
SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT
THE OPINIONS OF The Patio-Fire-Pits OR ANY OF ITS AFFILIATES
OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED
TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR
RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU
PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED
ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY
VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS
BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT
DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE
CHANGED FROM TIME TO TIME WITHOUT NOTICE.
NO
WARRANTIES; EXCLUSION OF LIABILITY
The Patio-Fire-Pits AND INDREAM CORPORATION MAKE NO REPRESENTATION
ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY
PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. The Patio-Fire-Pits
AND INDREAM CORPORATION SPECIFICALLY DISCLAIM ALL WARRANTIES
AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND -NON-INFRINGEMENT. NEITHER The Patio-Fire-Pits
NOR INDREAM CORPORATION SHALL HAVE ANY LIABILITY OR RESPONSIBILITY
FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR
YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR
ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU
MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE
IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER The Patio-Fire-Pits,
ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE,
THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE
THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME
STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Contacting
Us
If you have any questions about this agreement, please call
us at 1-888-UDREAM4, fax us at 1-949-653-6427, log on to www.Patio-Fire-Pits.com/contact.html,
or write us at:
The
Patio-Fire-Pits, Inc.
Attention: Internet Customer Service
PMB 807
14252 Culver Drive #A
Irvine, CA 92604-0326
Although The Patio-Fire-Pits will in most circumstances be
able to receive your e-mail or other information provided
through this Site (including, without limitation, service
requests and other submissions), The Patio-Fire-Pits does
not guarantee that it will receive all such e-mail or other
information timely and accurately and shall not be legally
obligated to read, act on or respond to any such e-mail or
other information. Be aware that Internet e-mail typically
is not secure.
General
You agree that The Patio-Fire-Pits may at any time and without
notice change the terms, conditions and notices under which
this Site is offered.
You
agree that no joint venture, partnership, employment or agency
relationship exists between you and Patio-Fire-Pits as a
result of this agreement or your use of this Site.
The
Patio-Fire-Pits's performance of this agreement is subject
to existing laws and legal process and nothing contained in
this agreement is in derogation of The Patio-Fire-Pits's
right to comply with law enforcement requests or requirements
relating to your use of this Site or information provided
to or gathered by The Patio-Fire-Pits with respect to such
use.
This
agreement, the privacy statement, and terms of sale constitute
the entire agreement between you and InDream Corporation with
respect to this site. This agreement supersedes all prior
or contemporaneous communications and proposals, whether electronic,
oral or written, between you and The Patio-Fire-Pits with
respect to this Site. No modification of this agreement shall
be effective unless it is authored by The Patio-Fire-Pits,
Inc. or its affiliates, or unless it is physically signed
in blue ink by a Patio-Fire-Pits officer. Any alleged waiver
of any breach of this agreement shall not be deemed to be
a waiver of any future breach. A printed version of this agreement
and/or of any notice given by The Patio-Fire-Pits or InDream
Corporation in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this
agreement or your use of this Site to the same extent and
subject to the same conditions as other business documents
and records originally generated and maintained by Patio-Fire-Pits
or InDream Corporation in printed form.
