Terms of Service
Last modified: June 23rd, 2022
Thank you for visiting the Conestoga Customer Business Portal ("Portal"). This Portal is operated by Conestoga Wood Specialties (hereinafter "Conestoga") for use exclusively by business customers of Conestoga (hereinafter "Customer") that have been provided an account number by Conestoga and registered for the Portal in their company name.
Here you are able to access and manage your account information, submit and pay for orders, chat with customer service, and view quotes, marketing resources, videos and helpful documentation about your Conestoga product.
Please take a few minutes to carefully review the following terms and conditions. By using this Portal, Customer agrees to be bound by these terms and conditions, as they may be modified and placed on this Portal at any time by Conestoga. If Customer does not agree with any of these terms and conditions, do not use the Portal. Conestoga reserves the right to seek all remedies available by law and equity in the event of a violation of these terms and conditions.
Portal & Terms of Use May Change
Conestoga may, at its sole discretion, update, modify, change, add or remove the Terms and Conditions (or any part thereof) at any time and with or without notice. Conestoga may also change, terminate, suspend or discontinue any aspect of the Portal, including the availability of any features on the Portal with or without notice. Please check periodically for changes. Customer's continued use of the Portal following the posting of such changes constitutes Customer's agreement to be bound by the changes. Customer agrees that Conestoga shall not be liable to Customer or to any third party for any modification, suspension or discontinuation of the Portal or Terms of Use.
Content
All data, content, information and materials that may be found at and which comprise the Portal, including, but not limited to, customer information, account information, user information, logins and passwords, images, illustrations, graphics, photographs, audio clips, video clips, text, artwork, software or HTML code (collectively "Content") are protected by privacy, confidentiality, trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Conestoga, its affiliates or third parties who have licensed such materials and content to Conestoga. All trademarks, service marks, names, trade names, trade dress, logos and images are registered and/or common law trademarks and service marks of Conestoga. Use of the Portal in no way grants Customer any rights or licenses to use such marks, logos, names or trade dress.
Use of Portal
License. Subject to the terms and conditions of this Agreement, Conestoga agrees to provide Customer access to Customer's customer information with Conestoga through the Portal. Conestoga grants to Customer a limited, nontransferable, nonexclusive license for the term of this Agreement to access and use the Portal and the software used by CONESTOGA at the Portal solely to access Customer's customer information. Customer may display and print for its own use and for the use of Customer's employer information received via the Portal that pertains to Customer or Customer's employer and its business with Conestoga. In the event Customer or Customer's employer is no longer a customer of Conestoga, Customer shall immediately cease using the Portal.
Restrictions on Use. Customer shall not, directly or indirectly,
- License, sell, lease, assign or otherwise transfer Content on the Portal or Portal software.
- Alter or permit a third party to alter any part of the Content, Portal or Portal software.
- Access or use any Content, information or materials of any third party available at the Portal.
- Use or permit the use of the Portal, Content or Portal software except for the Customer's access to its own customer information.
- Distribute copies of information, materials or Content found on the Portal in any form (including by email or other electronic means), without prior written permission.
- Disassemble, decompile, reverse engineer or otherwise attempt to derive source code or other trade secrets from the Portal software.
- Provide access to the Portal or to any of the Portal's features to any third party without Conestoga's express written permission.
Customer Data. Customer agrees that it is solely responsible for the accuracy of any and all information input by Customer or provided to Conestoga for use in conjunction with the Portal (the "Data"). Data shall not include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, violates the privacy rights of any third party, or contains anything that is obscene, defamatory, harassing, offensive or malicious.
Payment Processing. Conestoga sells only direct to its Customers. All payments to Conestoga must be direct from those Customers. When making payments to Conestoga via the Portal, Customer agrees to use only its own payment information and not the payment information of any third party. Furthermore, Customer agrees not to provide access to the Portal to any third party for the purpose of making payments to Conestoga. Customer warrants that it will adhere to all applicable terms and conditions of any payment method Customer uses to make payments via the Portal. Customer agrees to indemnify Conestoga for any claims arising out of Customer's use of any payment information provided to Conestoga through the Portal.
Passwords. Customer is responsible for all use of its account and maintaining the confidentiality of all passwords and information. Sharing of passwords, account numbers, and other login information or access credentials to the Portal is strictly prohibited.
Privacy Policy
Use of the Portal is also governed by the Conestoga Privacy Policy at my.conestogawood.com/privacy which is incorporated into these Terms and Conditions by this reference.
Disclaimers
Conestoga has taken reasonable efforts to ensure that the Content contained on the Portal is accurate. However, all Content is provided "AS IS," and Conestoga does not warrant and makes no representation that Content provided on the Portal is accurate, appropriate or applicable for use in locations outside of the United States.
Without limiting the foregoing, Conestoga further disclaims and does not represent or warrant the following:
- That the Portal will operate without interruption, errors defects, bugs, viruses or other harmful components or that any defects appearing on the Portal will be corrected.
- Liability or responsibility or damage as to the correctness, completeness, reliability or accuracy in the representation of each and every product, including but not limited to, color, quantity, size and pricing.
- Liability or responsibility for damage, theft, loss, injury or claim of liability of any kind based on or resulting from any Content contained on the Portal or as a result of unauthorized access to, damage to or interception of any data or communications sent to or from, scraped from or stored on the Portal.
Disclaimer of Warranties and Limitations on Liability
- CONESTOGA AND ITS SUPPLIERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. CONESTOGA DOES NOT WARRANT THAT THE PORTAL IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR WILL NOT CAUSE LOSS OF OR DAMAGE TO DATA STORED ON COMPUTING DEVICES ON WHICH IT IS INSTALLED. THE PORTAL MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS FROM A COMPUTER WITH WHICH THE PORTAL IS USED OR ACCESSED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- UNDER NO CIRCUMSTANCES SHALL CONESTOGA OR ITS SUPPLIERS BE LIABLE FOR ANY TYPE OF DAMAGES OR CLAIMS RELATED TO THE PORTAL, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF CONESTOGA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
Term
The license to access and use the Portal granted in these Terms of Use will terminate automatically in the event that Customer is no longer a customer of Conestoga as determined by Conestoga. The license to access and use the Portal granted in these Terms of Use may be terminated at any time by Conestoga, without notice to Customer, in the event of a breach by Customer.
Applicable Law
By accessing the Portal, you agree that these terms and conditions and your use and access of the Portal is governed and interpreted solely pursuant to the laws of the state of Pennsylvania, U.S.A., without respect to conflict of law principles. You agree that the Portal shall be deemed solely based in Pennsylvania. You agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions, the Privacy Policy and/or your use of the Portal shall be a state or federal court located in Lancaster County, Pennsylvania and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
These Terms and Conditions, and any other legal notices published by Conestoga on the Portal, shall constitute the entire agreement between you and Conestoga concerning use of the Portal.
If a court of competent jurisdiction deems any provision of these Terms and Conditions invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Conestoga's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.