Copyrights
This Site and the materials within it are © 2003 InDream Corporation,
Inc. ("InDream Corporation"). Viewing this Site creates a
copy of Patio-Designs materials in your computer's random access memory
and/or in your hard drive and/or in your proxy server.
Use
License
The Patio-Designs, Inc. ("The Patio-Designs" or "Patio-Designs")
and InDream Corporation jointly grant you permission to view this Site
and to print individual pages from this Site for your own personal,
noncommercial use, provided that you agree to and accept without modification
the notices, terms and conditions set forth in this agreement. You may
not modify, copy (except as set forth in the preceding sentence), distribute,
transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer or sell any information, material, software, products
or services from this Site.
Your use
of this Site constitutes your agreement and acceptance without modification
of the notices, terms and conditions set forth herein. In addition,
as a condition of your use of this Site, you represent and warrant to
Patio-Designs that you will not use this Site for any purpose that is
unlawful, immoral or prohibited by these terms, conditions and notices.
If you do not agree and accept without modification the notices, terms
and conditions set forth herein, do not use this Site. Other than this
agreement and agreements between you and The Patio-Designs relating
to the sale of products or services to you through this Site, Patio-Designs
will not enter into any agreement with you or obligation to you through
this Site and no attempt to create such an agreement or obligation will
be effective.
Trademarks
The trademarks, service marks and logos (the "Trademarks")
used and displayed on this Site are registered and unregistered Trademarks
of InDream Corporation and others. Nothing on this Site should be construed
as granting, by implication, estoppel or otherwise, any license or right
to use any Trademark displayed on the Site, without the prior written
permission of the Trademark owner. InDream Corporation aggressively
enforces its intellectual property rights to the fullest extent of the
law. The name of The Patio-Designs, The Patio-Designs logo or the other
Patio-Designs formatives may not be used in any way, including in advertising
or publicity pertaining to distribution of materials on this Site, without
prior, written permission from InDream Corporation. InDream Corporation
prohibits use of The Patio-Designs logo as part of a link to or from
any site unless establishment of such a link is approved in advance
by InDream Corporation in writing. Fair use of InDream Corporation's
Trademarks requires proper acknowledgment. Other product and company
names mentioned in this Site may be the Trademarks of their respective
owners.
Product
Orders
While we will use our best efforts to fulfill all orders, Patio-Designs
cannot guarantee the availability of any particular product displayed
on this Site. Patio-Designs reserves the right discontinue the sale
of any product listed on this Site at any time without notice.
Product
prices offered on this Site may vary from other advertised prices due
to varying conditions in different geographic markets.
The prices
displayed on this Site are quoted in U.S. dollars and are valid and
effective only within the United States, and such prices do not include
shipping and handling or sales taxes, if applicable, which will be added
to your total invoice price. You are responsible for the payment of
any shipping and handling charges and state and local sales or use taxes
that may apply to your order.
While our
goal is a 100% error-free Site, we do not guarantee that any content
is accurate or complete, including price information and product specifications.
If we discover price errors, they will be corrected on our systems,
and the corrected price will apply to your order. Patio-Designs reserves
the right to revoke any stated offer and to correct any errors, inaccuracies
or omissions (including after an order has been submitted and accepted).
For further
information about purchasing products from Patio-Designs, please read
our FAQ: General Information About Products and our Product Return Policy
carefully.
Links to
Third Party Sites
This Site may contain links to Sites owned or operated by parties other
than InDream Corporation or The Patio-Designs. Such links are provided
for your reference only. The Patio-Designs does not control outside
Sites and is not responsible for their content. The Patio-Designs's
inclusion of links to an outside Site does not imply any endorsement
of the material on the Site or, unless expressly disclosed otherwise,
any sponsorship, affiliation or association with its owner, operator
or sponsor, nor does Patio-Designs's inclusion of the links imply that
Patio-Designs is authorized to use any trade name, trademark, logo,
legal or official seal or copyrighted symbol that may be reflected in
the linked Site.
Cautionary
Statement Pursuant to the Private Securities Litigation Reform Act of
1995
Statements of Patio-Designs's expectations for new stores, capital spending,
sales growth, earnings performance and similar financial and operating
measures found in the press releases, SEC reports, and other materials
found on this site constitute "forward-looking statements"
as defined in the Private Securities Litigation Reform Act of 1995.
Words or phrases such as "should result," "are expected
to," "we anticipate," "we estimate" or "we
project," as well as other similar expressions are intended to
assist readers in identifying these "forward-looking statements."
Such statements are based on the currently available operating, financial
and competitive information as of the date of such statements and are
subject to various risks and uncertainties that could cause actual results
to differ materially from the company's historical experience and its
stated expectations. These risks and uncertainties include, but are
not limited to, fluctuations in and the overall condition of the U.S.
economy, stability of costs and availability of sourcing channels, conditions
affecting new store development, the company's ability to attract, train
and retain highly-qualified associates, unanticipated weather conditions,
the impact of competition and regulatory and litigation matters. Undue
reliance should not be placed on such forward-looking statements, as
such statements speak only as of the date on which they are made. Additional
information regarding these and other risks is contained in the company's
periodic filings with the Securities and Exchange Commission.
The Patio-Designs
also may make employment information available through this Site. The
Patio-Designs is an equal opportunity employer. The Patio-Designs provides
equal employment opportunity to qualified persons without regard to
race, color, religion, sex, national origin, age, veteran status or
disability. The Patio-Designs's policy relates to all phases of employment
including recruitment, placement, promotion, training, demotion, transfer,
layoff, recall and termination, rates of pay, employee benefits and
participation in all company-sponsored employee activities.
THE INFORMATION
AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE
WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS
DO NOT NECESSARILY REFLECT THE OPINIONS OF THE PATIO-DESIGNS OR ANY
OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED
TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY
INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT
MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS
IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH
INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING
ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY
BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
NO WARRANTIES;
EXCLUSION OF LIABILITY
THE PATIO-DESIGNS AND INDREAM CORPORATION MAKE NO REPRESENTATION ABOUT
THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH
MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED. THE PATIO-DESIGNS AND INDREAM CORPORATION SPECIFICALLY
DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND -NON-INFRINGEMENT. NEITHER THE PATIO-DESIGNS NOR
INDREAM CORPORATION SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY
ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR
INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER
OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER
THE PATIO-DESIGNS, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS
IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING
IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH
DAMAGES.
SOME STATES
AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Contacting
Us
If you have any questions about this agreement, please call us at 1-888-UDREAM4,
fax us at 1-949-653-6427, log on to www.patio-designs.com/contact.html,
or write us at:
The Patio-Designs,
Inc.
Attention: Internet Customer Service
PMB 807
14252 Culver Drive #A
Irvine, CA 92604-0326
Although The Patio-Designs will in most circumstances be able to receive
your e-mail or other information provided through this Site (including,
without limitation, service requests and other submissions), The Patio-Designs
does not guarantee that it will receive all such e-mail or other information
timely and accurately and shall not be legally obligated to read, act
on or respond to any such e-mail or other information. Be aware that
Internet e-mail typically is not secure.
General
You agree that The Patio-Designs may at any time and without notice
change the terms, conditions and notices under which this Site is offered.
You agree
that no joint venture, partnership, employment or agency relationship
exists between you and Patio-Designs as a result of this agreement or
your use of this Site.
The Patio-Designs's
performance of this agreement is subject to existing laws and legal
process and nothing contained in this agreement is in derogation of
The Patio-Designs's right to comply with law enforcement requests or
requirements relating to your use of this Site or information provided
to or gathered by The Patio-Designs with respect to such use.
This agreement,
the privacy statement, and terms of sale constitute the entire agreement
between you and InDream Corporation with respect to this site. This
agreement supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between you and The
Patio-Designs with respect to this Site. No modification of this agreement
shall be effective unless it is authored by The Patio-Designs, Inc.
or its affiliates, or unless it is physically signed in blue ink by
a Patio-Designs officer. Any alleged waiver of any breach of this agreement
shall not be deemed to be a waiver of any future breach. A printed version
of this agreement and/or of any notice given by The Patio-Designs or
InDream Corporation in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement
or your use of this Site to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained by Patio-Designs or InDream Corporation in printed form.