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Terms & Condition

Terms & Condition

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE. By using this site, you agree to these terms of use. If you do not agree to these terms, you may not use this site.

Aboveground Pros reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates.

Copyright

All site design, text, graphics, interfaces, and the selection and arrangements thereof are © 2011, Aboveground Pros. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Aboveground Pros. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Aboveground Pros is strictly prohibited.

Disclaimer

THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Aboveground Pros DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Aboveground Pros often obtains item photographs from third party vendors and/or manufacturers. We do not investigate to determine if information is accurate nor can we provide assurance that all data is free of typographical errors. We cannot guarantee information displayed on the Web site to be 100% accurate.

User Security

Access to the Aboveground Pros online service is accomplished through the use of a LOGIN ID number and a password, which you will create. Your password should be kept strictly confidential to prevent unauthorized use. You agree to notify Aboveground Pros promptly of any unauthorized use of your password and you will remain liable for any use of the Aboveground Pros online service until you notify Aboveground Pros of the unauthorized use of your password.

Order Acceptance

The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Aboveground Pros reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

Payment Policies

You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your LOGIN ID number and password. In the event a check is returned or electronic payment is denied, Aboveground Pros may impose a fee to cover the cost of any charges incurred. If you fail to pay any invoices or charges on account, when due, Aboveground Pros may charge such amount directly to the credit card identified in your Customer profile and Aboveground Pros may suspend or terminate your access to the Aboveground Pros online service. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Aboveground Pros may incur in its efforts to collect any unpaid balances from you. Your right to use the Aboveground Pros online service is subject to limits established by Aboveground Pros. If payment cannot be charged to your credit card or a payment is returned to for any reason, including chargeback, Aboveground Pros reserves the right to suspend or terminate your access to the Aboveground Pros online service and your customer account.

Aboveground Pros also reserves the right to establish a credit limit for your account. All Commercial Credit Accounts are subject to the Commercial Net 30 Account Agreement terms and conditions.

Account Information

Aboveground Pros secure server encrypts your credit card and other information so that it cannot be read as the information travels over the Internet. Once we receive your credit card information, it is stored in our secure server. Aboveground Pros will exercise commercially reasonable efforts to ensure that your credit card information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you the Aboveground Pros online service.

In servicing your account, Aboveground Pros, may also collect addresses, contact names, corporate names, division names, telephone numbers and fax numbers, as well as e-mail addresses. This data may be used by Aboveground Pros for the purpose of improving customer service and/or offering or furnishing products and services of Aboveground Pros . It is our policy that we would not provide collected data to third-parties outside of Aboveground Pros unless it is necessary to do so in order to enable us to provide an appropriate level of service to users.

Commercial Accounts

Suspension of Service

Aboveground Pros may suspend or terminate the Aboveground Pros online service at any time for any reason with or without notice to you. Aboveground Pros reserves the right to collect any outstanding fees and charges incurred before you cancel your Aboveground Pros online service.

Limitation on Liability

IN NO EVENT SHALL Aboveground Pros OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, COVER, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF Aboveground Pros HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES AND INFORMATION AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 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/OR CLAIMS OF THIRD PARTIES.

Internet Protocol (IP) Address

An IP address is a number that is automatically assigned to your computer every time you browse the Internet. When users request a page from our site, our servers log the users current IP address. We use IP addresses to help diagnose problems. We do not link IP addresses to any personal information about you. However, as users navigate the Aboveground Pros.com Web site, their movements around the site may be monitored and analyzed in order to enable us to provide a Web site with improved functionality, usability and efficiency. These movements around the Aboveground Pros.com Web site may also be monitored and analyzed to enable us to provide users with Aboveground Pros-specific customized information which we believe may be of interest as a result of their relationship with Aboveground Pros.

Cookies

“Cookies” are strings of text that a Web site transmits to a user’s computer. Cookies enable a Web site to keep track of a user’s preferences and activities relating to that Web site. Aboveground Pros.com creates a cookie for each visit in order to facilitate your visit. When you create a customer profile a permanent cookie is used to remember the information in your profile. This cookie does not expire unless you deactivate your personal profile.

Aboveground Pros.com uses cookies to authenticate your login, facilitate site navigation and track use of the site on an aggregate basis to improve services.

Delivery of Services

Aboveground Pros or Aboveground Pros.com currently provides service referenced in the “Order Status / Tracking” section of this web site. Orders may arrive in multiple packages and on separate days with multiple Product Order Forms (POs) depending on type of and volume of product ordered. Aboveground Pros or Aboveground Pros.com reserves the right to refuse delivery. Neither Aboveground Pros or Aboveground Pros.com is liable for delays or prevention of delivery due to unforeseen circumstances, or acts of God. This may include weather conditions, traffic conditions, and / or mechanical difficulties.

Tax Exempt Transactions

This site does not support tax exempt transactions for Residental Customers. All estimates for tax will be corrected upon shipment of the product(s) ordered.

Links to Other Web Sites

Aboveground Pros.com contains links to other web sites. Aboveground Pros.com is not responsible for the privacy practices and content of these third-party web sites. We recommend you to follow safe internet practices. Do not supply personal information to these web sites unless you have verified their security and privacy policies