Utilization of this Skandia Window Fashions (SWF) web site is at your own risk. Dealers who use this site are solely responsible for such use.
The undersigned Dealer has requested access to the SWF Dealer Site, so as to place orders with SWF, check the status of its orders, create a Dealer Web Page to allow its employees to place or view orders through Dealer's account and to manage access to its account.
Dealer acknowledges and agrees that the SWF web site, and the access thereto
afforded Dealer and its customers, is a courtesy provided by SWF and that
SWF shall have no liability nor responsibility for any claims of damage
or injury of any kind arising out of Dealer, or Dealer's customers' use
of the SWF web site. Access to the SWF site and Dealer's web page may
be terminated by SWF, in its sole discretion, at any time. SWF has
the right to review all content on Dealer's web page and to prohibit links
to any other web sites, at SWF's sole discretion. As such, Dealer hereby
releases, waives, discharges and disclaims any and all claims of any kind
or nature it may have at any time against SWF, arising out of the SWF
web site and Dealer's web page, and further agrees to indemnify and hold
SWF harmless from any and all claims made by Dealer, any customer of Dealer,
or any third party against SWF arising out of use of, or access to, the
web site and web page and agrees that SWF shall have no responsibility,
nor liability for any loss of access, loss of data, transmission errors
or problems, security violations, maintenance, support, nor for any damage
or injury of any kind, to Dealer or its customer or to any third parties
with regard to the web page and any information on Dealer's account or
system, including without limitation claims of privacy violations, identity
theft, fraud, misrepresentation and defamation. Such indemnification by
Dealer shall include, but is not limited to, any and all attorney's fees
incurred by SWF in defending such claims.
DEALER ACKNOWLEDGES THAT SWF HAS MADE NO EXPRESS OR IMPLIED WARRANTIES OF
ANY KIND WITH RESPECT TO THE USE BY DEALER OF THE SWF WEB SITE AND WEB PAGE
OR THE SUBJECT MATTER OF THIS DISCLAIMER AND RELEASE, INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
ALL SUCH WARRANTIES BEING WAIVED AND DISCLAIMED BY THE EXECUTION OF THIS AGREEMENT.
THIS DISCLAIMER AND RELEASE SETS FORTH THE ENTIRE UNDERSTANDING OF THE PARTIES.
FURTHERMORE, NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY IN NO EVENT SHALL
SWF BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES
(INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUES, LOST SAVINGS
AND LOST PROFITS) ARISING IN ANY MANNER FROM THE USE OF THE WEB SITE AND WEB
PAGE BY DEALER OR ITS CUSTOMERS. SWF'S ONLY LIABILITY SHALL BE TO TERMINATE
ACCESS TO THE DEALER'S ACCOUNT UPON REQUEST BY DEALER.
This document shall be interpreted under the laws of the State of Florida,
notwithstanding its conflict of laws provisions. Jurisdiction and venue for
any proceeding arising out of this document shall be in Leon County, Florida.