Terms and Conditions

LAST UPDATED: JULY 13, 2018

 

Welcome to the Anthony Diehl Home website (the "Website"). Please review the following Terms and Conditions carefully. Your use of the Anthony Diehl website constitutes your agreement to follow these Terms and Conditions and to be bound by them (the “Agreement”). Anthony Diehl Home reserve the right to update or modify these Terms and Conditions at any time without prior notice.

 

PERSONAL INFORMATION SUBMITTED THROUGH THE WEBSITE

 

Your submission of personal information through the Website is governed by our Privacy Policy (see website footer, bottom right of the screen). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

 

ELIGIBILITY

 

You must be at least 13 years old to use the Website. If you are under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Website with permission from your parent or legal guardian.

 

ERRORS AND INACCURACIES

 

We always try to provide complete, accurate, up-to-date information on our Website. Unfortunately, despite those efforts human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

WARRANTIES

 

ALL ANTHONY DIEHL HOMES PRODUCTS AND SERVICES THAT ARE PROVIDED THROUGH THE WEBSITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." TO THE FURTHEST EXTENT PERMITTED BY LAW, ANTHONY DIEHL HOME MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH ANTHONY DIEHL HOME HEREBY EXPRESSLY DISCLAIMS. SERENA & LILY DOES NOT GUARANTEE THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE WEBSITE WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. ANTHONY DIEHL HOME WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE.

 

LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANTHONY DIEHL HOME, AND IT AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE ANTHONY DIEHL HOME WEBSITE; © ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR ANY MOBILE APPLICATIONS; (E) ANY MALWARE, VIRUSES, TROJANS AND THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE OR MOBILE APPLICATIONS BY A THIRD PARTY; OR (F) ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, THE WEBSITE OR ANTHONY DIEHL HOME PRODUCTS OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO, THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANTHONY DIEHL HOME.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANTHONY DIEHL HOME LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF ANTHONY DIEHL HOME SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.

 

SECURITY

 

You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Website or of the networks connected to the Website, and to abide by all security policies adopted by Anthony Diehl Home. You acknowledge and agree that, for security purposes, Anthony Diehl Home may monitor your account and your access to and use of the Website. Anthony Diehl Home may at any time terminate or suspend your access to the Website as Anthony Diehl Home considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. Anthony Diehl Home may also impose limits on certain features and functions of the Website, or restrict your access to the Website without notice or liability.

 

INDEMNIFICATION

 

You agree to defend, indemnify and hold Anthony Diehl Home harmless from and against any and all claims, damages, costs, losses and expenses (including, without limitation, attorneys' fees and legal costs) of any kind arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Agreement.

 

APPLICABLE LAW

 

By visiting our Website, you agree that the laws of the State of Pennsylvania, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our Website. Any action relating to the use of the Website or mobile applications must be brought in the state or federal courts located in the County of Chester, Pennsylvania. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

Under no circumstances will Anthony Diehl Home be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms and Conditions including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

 

COPYRIGHT INFRINGEMENT

 

Anthony Diehl Home respect the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide us with the written information specified below:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description where the material that you claim is infringing is located on the site;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.