Please read the following Website User Agreement carefully before using this website.

This Website User Agreement (hereinafter referred to as “UTOS”) describes the terms and conditions applicable to your use of Above All Awnings (hereinafter referred to as “Above All Awnings”) owned websites (hereinafter WEBSITE), which may be updated by Above All Awnings without notice to you. This Website User Agreement constitutes an agreement between you the user (hereinafter “YOU”), and Above All Awnings. If YOU do not accept the terms of this user agreement, YOU may not use this website.  Above All Awnings may from time to time revise these terms and conditions by updating this posting.

BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE VISIT THIS PAGE TO DETERMINE THE CURRENT WEBSITE USER AGREEMENT PRIOR TO EACH USE OF THIS WEBSITE.

Use of Materials, Restrictions, Copyrights

All viewable content viewed on this website including but not limited to text, images, photography, artwork, web pages, graphic design, virtual tours and video (hereinafter “MATERIAL”) displayed on this WEBSITE and/or stored in Above All Awnings computer servers and/or databases are either owned or copyrighted by Above All Awnings, their advertisers and/or by others. Except as stated herein, none of the MATERIAL on WEBSITE may be saved, downloaded, copied or reproduced in any form including but not limited to electronic, digital, mechanical and/or photocopying without the prior written consent of Above All Awnings. All MATERIAL is for viewing purposes only. No permission is granted to download and/or save MATERIAL to computer storage devices.

Permission is granted to YOU to print the web pages on WEBSITE providing (i) you print only one copy, (ii) the MATERIAL contained within such web pages will be used for your non-commercial personal use only, (iii) all copyright and proprietary notices are printed on the copies, and (iv) you do not distribute the copy in whole or in part to any third party or entity. This permission terminates automatically if you breach any of these agreement terms and conditions. Additionally the MATERIAL on this website is not to be saved, downloaded, distributed or stored on any non-Above All Awnings owned Internet computer servers.

Compliance With Local Laws

Above All Awnings makes NO representation that the materials and MATERIAL contained in this website are legal in all jurisdictions. YOU the user are responsible to ensure that viewing the MATERIAL and materials in this website is in compliance with applicable local and state laws.

MATERIAL & Material Accuracy

YOU the user acknowledge that the MATERIAL viewed in this WEBSITE has NOT been reviewed by Above All Awnings for completeness or accuracy. Above All Awnings, their licensors advertisers and/or others are NOT responsible for typographical errors or omissions of any kind found in the MATERIAL, including, but not limited to, prices, menus, hours, driving directions, recipes, description, coupons, entertainment information, for any listed and/or advertised business on WEBSITE. The information for each business is provided for informational purposes only. YOU, the user, bear the entire risk of using the MATERIAL displayed of this WEBSITE. All MATERIAL on this website is subject to change, without notice.

Hyperlinks

The WEBSITE may provide YOU, the user, with links to third party web sites not owned or affiliated with Above All Awnings.  Above All Awnings has no control over these websites nor the content within them, and does not endorse the content of any hyperlinked web site. Above All Awnings is not responsible for the availability of these linked web sites. Additionally, Above All Awnings shall not be held responsible nor liable, directly or indirectly, for any claim in connection with computer viruses, content, goods or services provided or offered on or through any of these third party web sites or any other website that may be linked to these third party websites.

Communications & Privacy  (Above All Awnings’s Privacy Policy)

All text, image, MATERIALS, information, form, or e-mail (hereinafter referred to as “INFORMATION”) YOU, the user, transmit or provide to and/or through (i) Above All Awnings at this domain and/or other domain, (ii) Above All Awnings advertisers on WEBSITE, (iii) businesses listed on this WEBSITE and/or (iv) this WEBSITE and/or Above All Awnings databases and/or computer servers by any means will be considered NON-CONFIDENTIAL and NON-PROPRIETARY and is the property of Above All Awnings.

Above All Awnings shall not disclose INFORMATION to third-parties without your written or verbal consent, except that Above All Awnings may disclose such information to Above All Awnings’s clients and/or WEBSITE advertisers and to third parties that perform services for and/or on behalf of Above All Awnings. YOU, the user agree, that Above All Awnings is not responsible for how INFORMATION YOU transmitted and/or provided is used.

YOU, the user, agree not to transmit or provide to and/or through Above All Awnings at this domain and/or other domain, Above All Awnings advertisers on WEBSITE, businesses listed on WEBSITE and/or this WEBSITE and/or Above All Awnings databases any unlawful, threatening, libelous, defamatory, obscene, pornographic or otherwise offensive INFORMATION.

Online Credit Card Order Security Policy(Payment Information Provided Online)

Above All Awnings does not store, process, and/or transmit gift certificate order credit card data.  Above All Awnings utilizes the secure services of a third party “payment gateway” retained by the business/merchant you selected to transmit and process your credit card data.  Upon completion of the gift certificate online order form, payment information shall be requested by the payment gateway. The payment gateway web page shall clearly indicate the amount of your purchase and that you are securely transmitting your payment information.  Above All Awnings requires online payment transactions be completed via the payment gateway method to allow for “Payment Card Industry” (PCI) compliance.

For information on Payment Card Industry (PCI) compliance please visit:

http://en.wikipedia.org/wiki/PCI_DSS

https://www.pcisecuritystandards.org

YOU the user agree to indemnify and hold harmless Above All Awnings, its directors, officers, employees, agents, licensors, vendors, advertisers, and clients from all claims including reasonable attorneys fees arising from or related to your Gift Certificate order, Gift Certificate purchase, Gift Certificate redemption, process of transmitting and subsequent handling of INFORMATION provided by YOU the user, to Above All Awnings, the business/merchant YOU selected and/or to the third party payment gateway.

Trademarks, Service Marks, Copyrights and Use of Third Party Materials

Above All Awnings and/or licensors and/or others own all trademarks, service marks and/or copyrighted material posted on WEBSITE. No trademarks, service marks and/or copyrighted material posted on WEBSITE may be used without the prior written consent of their owner. The trademarks Above All Awnings, Above All Awnings’s, Goal to Grain, Goal2Grain are owned by Above All Awnings. All other trademarks are owned by their respective companies. ALL TRADEMARKS WHETHER MARKED OR UNMARKED, ARE THE PROPERTY OF THEIR RESPECTIVE OWNER.

No Unlawful or Prohibited Use

As a condition of your use of WEBSITE, YOU warrant and represent that YOU will not use the WEBSITE for any commercial purposes or for any purpose that is unlawful or prohibited by these terms. Furthermore, YOU specifically agree NOT to use this WEBSITE to solicit the businesses listed and/or advertised on this WEBSITE for any commercial and/or fund raising purpose. In addition, YOU agree not to use the WEBSITE in any manner that could damage, disable, overburden, or impair the WEBSITE or interfere with another person’s use and enjoyment of the WEBSITE. Sending commercial e-mail information and/or solicitations, sending commercial information and/or solicitations via online WEBSITE forms and/or making commercial telephone calls to businesses listed and/or advertised on this WEBSITE is strictly prohibited, and a violation of the terms and conditions of the use of this WEBSITE. Such violation may result in civil and/or criminal penalties against the sender and those assisting the sender.

Only non commercial communications for obtaining information about the products and/or services businesses listed and/or advertised on this WEBSITE provide is permitted.

Warranties

YOU the user acknowledge and agree that Above All Awnings makes no warranty that this website shall meet your requirements, or that this website is error free, works properly or that the quality of the products or services provided by Above All Awnings and/or by it licensors, the businesses listed, advertisers, and vendors will meet your expectations. Additionally, YOU the user agree you are solely responsible for any damage caused to your computer system or data loss regardless of cause including but not limited to accessing and/or downloading corrupt and/or virus containing computer files resulting from your use of this WEBSITE or any third party website however linked to this WEBSITE.

Indemnity

YOU the user agree to indemnify and hold harmless Above All Awnings, its directors, officers, employees, agents, licensors, vendors, advertisers, and clients from all claims including reasonable attorneys fees arising from or related to (i) your use of WEBSITE, or (ii) violation of the terms and conditions of the use of this WEBSITE or (iii) your violation of any law or (iv) your violation of the rights of any third party.

Liability Limitation

YOU THE USER AGREE THAT Above All Awnings SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL ARISING OUT OF THE USE OR IN CONNECTION WITH THE USE OR ANY OTHER MATTER RELATING TO THIS WEBSITE HOWEVER ARISING, INCLUDING NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THIS LIMITATION MAY NOT APPLY TO YOU.

User Representation

YOU the user represents, warrants and covenants that (a) you have the power and authority to enter into this agreement; (b) you are at least 18 years of age; and, (c) YOU will only use the WEBSITE in accordance with the terms and conditions contained herein.

Severability

Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

Waiver

The waiver by Above All Awnings of a breach of any provision of this Agreement by you shall not operate or be construed as a waiver of any other or subsequent breach by YOU.

Scope of Agreement

This Website User Agreement (UTOS) constitutes the entire agreement between Above All Awnings and YOU, the user, and supersedes any previous agreements on this subject. If any part of this agreement is found to be unenforceable for any reason, all other parts of this agreement shall remain in effect. Any non-enforcement of this agreement by Above All Awningsshall not be considered a waiver of rights. The laws of the State of California shall govern this agreement. The State of California is the exclusive jurisdiction for disputes. Venue for any disputes will be in State court located in Orange County, California or Federal Court located in Santa Ana, California.

Comments

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