Purpose of the portal
System access, security and confidentiality
The Portal provides each Client a secure environment that limits access to view only Client-specific information. Both process controls and software security tools have been implemented to ensure that the confidentiality of Client information is protected. Clients are entirely responsible and required to manage their user account credentials, and to protect access to the Portal, including the data and documents made available on the Portal. Client acknowledges that Dennemeyer has no means or obligation to verify the access credentials beyond providing the user name and password to a Client. Should a Client discover a possible lapse in security, it shall immediately contact its Dennemeyer Services representative.
Clients shall keep any information provided by Dennemeyer or the Portal, especially with regard to prices, quotes, cost estimates, service fees, local service fees and the like, in strict confidentiality, and shall use such information only internally. Client shall not disclose such information to any third party, including but not limited to any competitor of Dennemeyer. Any breach of this non-disclosure undertaking will result in immediate exclusion from this Portal under the reserve of any other legal remedy.
System availability, modification or suspension of service
As an ancillary information resource, the Portal is not considered material or necessary to the Services provided by Dennemeyer to the Client. Client hereby accepts that the Portal may not be available from time to time for maintenance or failure of third party telecommunications and computer systems. In addition, Dennemeyer reserves the right to modify the Portal’s functionalities, amend, suspend or terminate Client’s access privileges or the Portal as such at any time and at Dennemeyer’s sole discretion.
All information, including but not limited to prices, quotes or cost estimates, provided via the Portal is provided non-bindingly on an “as is” basis, with no warranty as to completeness, accuracy, applicability to, or fitness for Client’s particular purposes. The placing of an order with Dennemeyer requires a special written agreement between Dennemeyer and the Client to constitute a legally binding contract.
Dennemeyer retains all right, title and interest in and to the Portal, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights. The Portal and its use are covered by one or more claims of the following US patents Nos. 5,895,468; 6,182,078; 6,049,801; 6,981,007; and 7,647,364.
Limitation of liability
The Portal is provided “as is” and “as available”, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the Client. To the maximum extent permitted by applicable law, Dennemeyer disclaims any and all warranties or conditions, express, statutory or implied, including without limitation:
- warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, title, quite enjoyment, no encumbrances, no liens and noninfringement,
- warranties or conditions arising through course of dealing or usage of trade, and
- warranties or conditions that access to or use of the portal will be uninterrupted or error-free.
In no event will Dennemeyer be liable for any damages, including without limitation any direct or indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the use of the Portal, even if Dennemeyer has been advised of the possibility of such damages. The exclusion of damages under this section is independent of any exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from:
- breach of contract,
- breach of warranty,
- negligence, or
- any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.