Terms and Conditions

For Website Terms and Conditions of Use

1. Acceptance of our Terms

Noise Control Specialist, LLC d/b/a Noise Control Specialist owns all right, title and interest in and to the website noisecontrolspecialist.com, including its trademark and other intellectual property. By visiting the website noisecontrolspecialist.com, obtaining its services, viewing, accessing, using or requesting to or confirming the placement of orders for builders' products offered on the website, or otherwise using any of the features, services or products or information created, collected, compiled or submitted to noisecontrolspecialist.com, you and Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com agree to be bound by the following Terms and Conditions of Service ("Terms"). If you do not want to be bound by these Terms or Amended Terms your only option is not to visit, view or otherwise use the services on or offered, by or through, Noise Control Specialist, LLC d/b/a Noise Control Specialist on noisecontrolspecialist.com. You understand, agree and acknowledge that these Terms and any Amended Terms constitute a legally binding agreement between you and Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com and that your access to and use of noisecontrolspecialist.com shall indicate your conclusive acceptance of the Terms of this agreement and any Amended Terms. Builder hereby agrees to and accepts these terms and conditions of use and any Amended Terms and conditions of use as provided herein. Unless otherwise indicated, Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com exclusively owns all right, title and interest, and intellectual property in and to the website of noisecontrolspecialist.com including its trademark, service mark, including the words Noise Control Specialist in uppercase, with a square formed around the word "out" and the left vertical side of that square aligned with the letter "O" in the word "Out" as portrayed upon the website. The trademark shall not be used by you for any commercial purpose or in violation of any state or federal laws.

2. Provision of Services

You agree and acknowledge that Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com is entitled to modify, terminate or discontinue any products offered, or services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it on noisecontrolspecialist.com. Furthermore, you agree and acknowledge that Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com is entitled to provide products or services to you through subsidiaries or affiliated entities.

3. Proprietary Rights

You acknowledge and agree that Noise Control Specialist, LLC d/b/a Noise Control Specialist and its website may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com authorizes you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without the written permission of Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

4. Submitted Content

To the extent applicable, when you submit content to noisecontrolspecialist.com you simultaneously grant noisecontrolspecialist.com an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to noisecontrolspecialist.com.

5. Termination of Agreement

The Terms of this agreement and as such may be amended, from time to time, will continue to apply after termination hereof or your cessation of use of the noisecontrolspecialist.com website or its termination. The Terms and any Amended Terms shall survive your use of the noisecontrolspecialist.com website or its termination.

6. Disclaimer of Warranties

You understand and agree with Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com that your use of noisecontrolspecialist.com is entirely at your own risk, assume any and all such risks and that any services, products offered, and products are provided "As Is" and "As Available" and without warranties, express or implied, or otherwise. Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com does not make any express or implied warranties, endorsements or representations whatsoever as to any products or services or the operation of the noisecontrolspecialist.com website, information, content, materials, or product depictions or descriptions thereof, or the availability of any products on the website. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected. Any product warranties, if any, will be from a manufacturer or other third party, not Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com. You will not look to Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com for any warranties. You agree that you are not purchasing a product by using noisecontrolspecialist.com but simply, confirming the desire to seek to order a product subject to your home builder's approval. Your home builder in its sole discretion may discontinue any product or item without notice or change the price of products without notice. The item(s) desired to be ordered may not be in stock, available or the exact size, shape, color, price or dimensions appearing on noisecontrolspecialist.com. Product prices may be subject to change without notice. Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com does not provide refunds, replacements or substitution of products. Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com is not responsible for shipping, delivery or any charges therefore. Damages to product could occur in shipping for which Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com shall not be liable.

7. Limitation of Liability

You understand and agree that Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com and any of its owners, agents, employees, subsidiaries or affiliates shall in no event be liable for any damages, actual, direct, indirect, incidental, consequential, or exemplary damages or otherwise arising from or relating to access or use of the noisecontrolspecialist.com website or this Agreement. You hereby waive and release any claims, demands, actions or causes of action arising from or relating to the access or use of noisecontrolspecialist.com as to Noise Control Specialist, LLC, its owners, agents, independent contractors, employees and any affiliated or related entities, collectively referred to and including Noise Control Specialist, LLC and all identified as ("Released Parties"). You also agree to indemnify and hold harmless the Released Parties from any damages, liabilities or claims arising from or relating to this Agreement and the access or use of noisecontrolspecialist.com. This shall include, but not be limited to damages for loss of profits, business interruption, lost sales, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, obtain products, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com has been advised of or should have been aware of the possibility of such events or damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com is limited to the greatest extent permitted by law.

8. External Content

Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that noisecontrolspecialist.com is not responsible for and does not endorse any advertising, products or resource available from such resources or websites, or that such may be free from defects, computer viruses, or other corruption or infirmity.

9. Jurisdiction

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the State of Texas, in Dallas, Dallas County, Texas to resolve any legal matter arising from or relating to this agreement or related to your use of noisecontrolspecialist.com. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.

10. Entire Agreement

You understand and agree that the above Terms and as such may be amended from time to time ("Amended Terms") shall constitute the entire agreement between you and Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com in regard to access and use of the noisecontrolspecialist.com website. Your continued use and access to noisecontrolspecialist.com after any amendment to the Terms including any Amended Terms hereof shall constitute your agreement to the Terms and acceptance of any and all Amended Terms.

11. Changes to the Terms

Noise Control Specialist, LLC d/b/a Noise Control Specialist/noisecontrolspecialist.com reserves the right to modify any Terms, or Amended Terms, from time to time, at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued access to and use of noisecontrolspecialist.com after any changes to Terms or Amended Terms will signify and indicate your agreement to be bound by any changes to Terms and Amended Terms.

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Terms and Conditions
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