| TERMS & CONDITIONS OF USE |
(1) Your Use &/Or Visitation Constitutes Agreement To Be Bound
Use of this web site {hereinafter may also be referred to as the “Site”}, whether active use or merely passive
visitation or browsing, which is owned by Rising Star Wholesale, Inc., All Iowa Products, LLC and All Iowa Gutter,
LLC {hereinafter may also be referred to as “COMPANIES”}, you agree to be bound by all terms, conditions and
notices, without modification, contained or referenced herein (the “Terms of Service”) and the Privacy Notice. We
reserve the right to change or discontinue any feature of the Site, including but not limited to the Terms of Service,
at any time, by posting revisions onto the Site. You agree to be deemed apprised and bound by any changes to these
Terms and Conditions and your continued passive and/or active use of the Site indicates your agreement to the
revised terms. You also agree to review this information from time to time as may be required to keep informed of
any revisions.
(2) Links to Third Party Sites & Services
The Site contains links to and from sites operated by third parties. COMPANIES make no representations
whatsoever about any third party content that you may access from the Site or about any web site from which you
may access the Site and/or which may be linked to this Site. We provide third party content and links only as a
courtesy to our users, and such links/content do not imply our endorsement of any linked site/content. The linked
sites/content are not under our influence or control, and we are not responsible for any third party content or the
contents of any linked site or subsequent links from that site. Our Privacy Notice is only applicable when you are on
this Site. Please review the linked site’s use agreements and privacy policies, and if you do not agree to be bound by
the terms, we recommend that you terminate your use of that service or your visit to the site.
(3) Intellectual Property
You acknowledge that all content and materials available on this Site, including the selection, coordination,
arrangement and enhancement of such content as well as content original to it are protected by national and
international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or
other proprietary rights and laws and are owned by COMPANIES or our licensors or COMPANIES have obtained
the necessary permission of the owner of the intellectual property in such content to use the content on our Site.
Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks
of, or used under license by, COMPANIES. The use or misuse of any of these materials is strictly prohibited.
COMPANIES, our licensors or associates retain exclusive ownership of all data, material and other information
regarding your use of the Site.
(4) Lawful Use
You agree to use the Site or its contents for lawful purposes and only as expressly permitted in this Terms of Service
and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for
noncommercial use only, provided you do not delete or change any of the information, including copyright or
trademark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or
create derivative works from the content or materials on the Site or otherwise in any way exploit any of the
content of the Site, in whole or in part. Systematic retrieval of data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation, database or directory in any form whatsoever without our
written permission is strictly prohibited. You agree that you will not post or transmit through the Site any material
which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which,
without the express prior approval of COMPANIES, contains advertising or any solicitation with respect to
products or services. You also agree not to post any material protected by copyright, trademark or other
proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary
rights and the burden of determining that any material is not protected by copyright rests with you. Any conduct by
you that in our discretion restricts or inhibits any other user from using or enjoying the COMPANIES Site will not
be permitted.
(5) User’s Grant of License
By posting or submitting content to the Site, you grant COMPANIES and any of their national and/or global
licensees the right to use, reproduce, display, perform, adapt, modify, distribute and promote the content in any
form, anywhere and for any purpose. You also warrant and represent that you own or otherwise control all of the
rights to the content you post or submit to the Site and that our public posting and use of your content will not
infringe or violate the rights of any third party. COMPANIES retain the right to monitor, edit or otherwise change
your posting or other content submitted to the Site without your permission.
(6) DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”
FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT
YOUR SOLE RISK. COMPANIES DO NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY
IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER COMPANIES, NOR THEIR
PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS,
CONSULTANTS, CONTRACTORS OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF
THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR
CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL
RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE
SITE.
UNDER NO CIRCUMSTANCES SHALL COMPANIES, NOR THEIR PARTNERS, AND THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR
LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT
LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION
PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
COMPANIES AND THEIR RESPECTIVE PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS,
SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, DO NOT PROVIDE LEGAL,
ACCOUNTING, TAX OR FINANCIAL ADVICE AND, THEREFORE, NO INFORMATION CONTAINED IN
THIS SITE SHALL BE CONSTRUED AND/OR RELIED UPON AS SUCH.
(7) Use Of Communications Services
The COMPANIES Site may contain bulletin board services, chat areas, news groups, forums, communities, personal
web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of
others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy
of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the
operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know,
cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
COMPANIES have no obligation to monitor the Communication Services. However, COMPANIES reserve the
right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
COMPANIES reserve the right to terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
COMPANIES reserve the right at all times to disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in COMPANIES’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any
Communication Service. COMPANIES do not control or endorse the content, messages or information found in
any Communication Service and, therefore, COMPANIES specifically disclaim any liability with regard to the
Communication Services and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized spokespersons of or for COMPANIES, and their views do not necessarily
reflect those of COMPANIES.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such limitations if you upload or download the materials.
(8) Materials Provided To Companies Or Posted At Any Site Of The Companies
COMPANIES do not claim ownership of the materials you provide to COMPANIES (including feedback and
suggestions) or post, upload, input or submit to any Site of the COMPANIES or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting
COMPANIES, their affiliated companies and necessary sub-licensees permission to use your Submission in
connection with the operation of their businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. COMPANIES are
under no obligation to post or use any Submission you may provide and may remove any Submission at any time in
COMPANIES' sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the Submissions.
(9) Indemnification
You agree to defend, indemnify, and hold COMPANIES and their partners and their respective employees, officers,
directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims and
expenses, including attorney’s fees, that arise from your use or misuse of the Site or the Content therein, including
without limitation your violation of the Terms of Service herein. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event
you will cooperate with us in asserting any available defenses.
(8) Monitoring Content
COMPANIES shall have the right, but not the obligation, to monitor the content of the Site, including that of any
chat rooms and forums, to determine compliance with this Agreement and any operating rules established by
COMPANIES and to satisfy any law, regulation or authorized government request. COMPANIES shall have the
right in their sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site
without your permission. Without limiting the foregoing, COMPANIES shall have the right to remove any material
that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable.
Notwithstanding the foregoing, COMPANIES are not responsible for the content that you or any user posts on any
forum on the Site and your reliance on any such content is solely at your own risk.
(9) Local Laws
By choosing to access the Site from any location other than the United States of America or Canada, you accept
full responsibility for compliance with all local laws that are applicable. COMPANIES make no representation that
materials on the Site are appropriate or available for use in locations outside the United States or Canada, and
accessing them from territories where their contents are illegal is prohibited.
(10) Security Precautions
The services and information provided are protected using industry standard security precautions. It is up to you to
fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to
adequately protect your confidential information. COMPANIES may provide information regarding Security and
Privacy in our Privacy Statement. However, that document is provided as a guideline only, and it is up to the user to
remain current and exercise care when using the Internet. You should seek professional advice on protecting your
privacy and evaluating the security of the information systems you are using.
(11) Choice of Law
This Agreement shall be construed in accordance with the laws of the State of Iowa, without regard to its conflict of
laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Service or your
use of the Site shall be filed only in the courts of the State of Iowa, 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.
(12) Integration and Severability
This Terms of Service and our Privacy Statement constitute the entire agreement between COMPANIES and you
with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with
respect to the Site. If any provision of this Terms of Service agreement is determined to be invalid or
unenforceable, all other provisions shall remain in full force and effect. The section headings used herein are for
convenience only and shall not be given any legal import.
(13) Unauthorized Use and Restriction / Termination Of Right To Access Any Or All Of Site
COMPANIES reserves the right, in their sole discretion, to restrict or terminate your access to all or any part of
COMPANIES' Site and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of Iowa, U.S.A. and you hereby consent
to the exclusive jurisdiction and venue of courts in Polk County, Iowa, U.S.A. in all disputes arising out of or
relating to the use of the COMPANIES' Site. Use of the COMPANIES' Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship exists between you and COMPANIES
as a result of this agreement or use of the COMPANIES' Site. COMPANIES' performance of this agreement is
subject to existing laws and legal process, and nothing contained in this agreement is in derogation of COMPANIES'
right to comply with governmental, court and law enforcement requests or requirements relating to your use of the
COMPANIES' Site or information provided to or gathered by COMPANIES with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between you and COMPANIES with respect to the COMPANIES' Site and it
supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written,
between the user and COMPANIES with respect to the COMPANIES' Site. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish of the parties that this agreement
and all related documents be drawn up in English.
(14) Privacy and Disclosure
You have read and accept the terms and provisions of our Privacy Statement.
(15) Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
(16) Notices & Procedure For Making Claims Of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under
United States copyright law should be sent to Service Provider's Designated Agent.
(17) Copyright & Trademark Notices
All contents of the COMPANIES' Site are the copyright of Rising Star Wholesale, Inc., All Iowa Products, LLC &
All Iowa Gutter, LLC and/or their affiliates, suppliers or other third parties from whom the appropriate
authorization and/or license(s) have been obtained. All Rights Reserved.
Use of this web site {hereinafter may also be referred to as the “Site”}, whether active use or merely passive
visitation or browsing, which is owned by Rising Star Wholesale, Inc., All Iowa Products, LLC and All Iowa Gutter,
LLC {hereinafter may also be referred to as “COMPANIES”}, you agree to be bound by all terms, conditions and
notices, without modification, contained or referenced herein (the “Terms of Service”) and the Privacy Notice. We
reserve the right to change or discontinue any feature of the Site, including but not limited to the Terms of Service,
at any time, by posting revisions onto the Site. You agree to be deemed apprised and bound by any changes to these
Terms and Conditions and your continued passive and/or active use of the Site indicates your agreement to the
revised terms. You also agree to review this information from time to time as may be required to keep informed of
any revisions.
(2) Links to Third Party Sites & Services
The Site contains links to and from sites operated by third parties. COMPANIES make no representations
whatsoever about any third party content that you may access from the Site or about any web site from which you
may access the Site and/or which may be linked to this Site. We provide third party content and links only as a
courtesy to our users, and such links/content do not imply our endorsement of any linked site/content. The linked
sites/content are not under our influence or control, and we are not responsible for any third party content or the
contents of any linked site or subsequent links from that site. Our Privacy Notice is only applicable when you are on
this Site. Please review the linked site’s use agreements and privacy policies, and if you do not agree to be bound by
the terms, we recommend that you terminate your use of that service or your visit to the site.
(3) Intellectual Property
You acknowledge that all content and materials available on this Site, including the selection, coordination,
arrangement and enhancement of such content as well as content original to it are protected by national and
international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or
other proprietary rights and laws and are owned by COMPANIES or our licensors or COMPANIES have obtained
the necessary permission of the owner of the intellectual property in such content to use the content on our Site.
Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks
of, or used under license by, COMPANIES. The use or misuse of any of these materials is strictly prohibited.
COMPANIES, our licensors or associates retain exclusive ownership of all data, material and other information
regarding your use of the Site.
(4) Lawful Use
You agree to use the Site or its contents for lawful purposes and only as expressly permitted in this Terms of Service
and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for
noncommercial use only, provided you do not delete or change any of the information, including copyright or
trademark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or
create derivative works from the content or materials on the Site or otherwise in any way exploit any of the
content of the Site, in whole or in part. Systematic retrieval of data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation, database or directory in any form whatsoever without our
written permission is strictly prohibited. You agree that you will not post or transmit through the Site any material
which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which,
without the express prior approval of COMPANIES, contains advertising or any solicitation with respect to
products or services. You also agree not to post any material protected by copyright, trademark or other
proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary
rights and the burden of determining that any material is not protected by copyright rests with you. Any conduct by
you that in our discretion restricts or inhibits any other user from using or enjoying the COMPANIES Site will not
be permitted.
(5) User’s Grant of License
By posting or submitting content to the Site, you grant COMPANIES and any of their national and/or global
licensees the right to use, reproduce, display, perform, adapt, modify, distribute and promote the content in any
form, anywhere and for any purpose. You also warrant and represent that you own or otherwise control all of the
rights to the content you post or submit to the Site and that our public posting and use of your content will not
infringe or violate the rights of any third party. COMPANIES retain the right to monitor, edit or otherwise change
your posting or other content submitted to the Site without your permission.
(6) DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”
FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT
YOUR SOLE RISK. COMPANIES DO NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY
IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER COMPANIES, NOR THEIR
PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS,
CONSULTANTS, CONTRACTORS OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF
THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR
CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL
RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE
SITE.
UNDER NO CIRCUMSTANCES SHALL COMPANIES, NOR THEIR PARTNERS, AND THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR
LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT
LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION
PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
COMPANIES AND THEIR RESPECTIVE PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS,
SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, DO NOT PROVIDE LEGAL,
ACCOUNTING, TAX OR FINANCIAL ADVICE AND, THEREFORE, NO INFORMATION CONTAINED IN
THIS SITE SHALL BE CONSTRUED AND/OR RELIED UPON AS SUCH.
(7) Use Of Communications Services
The COMPANIES Site may contain bulletin board services, chat areas, news groups, forums, communities, personal
web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of
others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy
of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the
operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know,
cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
COMPANIES have no obligation to monitor the Communication Services. However, COMPANIES reserve the
right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
COMPANIES reserve the right to terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
COMPANIES reserve the right at all times to disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in COMPANIES’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any
Communication Service. COMPANIES do not control or endorse the content, messages or information found in
any Communication Service and, therefore, COMPANIES specifically disclaim any liability with regard to the
Communication Services and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized spokespersons of or for COMPANIES, and their views do not necessarily
reflect those of COMPANIES.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such limitations if you upload or download the materials.
(8) Materials Provided To Companies Or Posted At Any Site Of The Companies
COMPANIES do not claim ownership of the materials you provide to COMPANIES (including feedback and
suggestions) or post, upload, input or submit to any Site of the COMPANIES or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting
COMPANIES, their affiliated companies and necessary sub-licensees permission to use your Submission in
connection with the operation of their businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. COMPANIES are
under no obligation to post or use any Submission you may provide and may remove any Submission at any time in
COMPANIES' sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the Submissions.
(9) Indemnification
You agree to defend, indemnify, and hold COMPANIES and their partners and their respective employees, officers,
directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims and
expenses, including attorney’s fees, that arise from your use or misuse of the Site or the Content therein, including
without limitation your violation of the Terms of Service herein. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event
you will cooperate with us in asserting any available defenses.
(8) Monitoring Content
COMPANIES shall have the right, but not the obligation, to monitor the content of the Site, including that of any
chat rooms and forums, to determine compliance with this Agreement and any operating rules established by
COMPANIES and to satisfy any law, regulation or authorized government request. COMPANIES shall have the
right in their sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site
without your permission. Without limiting the foregoing, COMPANIES shall have the right to remove any material
that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable.
Notwithstanding the foregoing, COMPANIES are not responsible for the content that you or any user posts on any
forum on the Site and your reliance on any such content is solely at your own risk.
(9) Local Laws
By choosing to access the Site from any location other than the United States of America or Canada, you accept
full responsibility for compliance with all local laws that are applicable. COMPANIES make no representation that
materials on the Site are appropriate or available for use in locations outside the United States or Canada, and
accessing them from territories where their contents are illegal is prohibited.
(10) Security Precautions
The services and information provided are protected using industry standard security precautions. It is up to you to
fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to
adequately protect your confidential information. COMPANIES may provide information regarding Security and
Privacy in our Privacy Statement. However, that document is provided as a guideline only, and it is up to the user to
remain current and exercise care when using the Internet. You should seek professional advice on protecting your
privacy and evaluating the security of the information systems you are using.
(11) Choice of Law
This Agreement shall be construed in accordance with the laws of the State of Iowa, without regard to its conflict of
laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Service or your
use of the Site shall be filed only in the courts of the State of Iowa, 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.
(12) Integration and Severability
This Terms of Service and our Privacy Statement constitute the entire agreement between COMPANIES and you
with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with
respect to the Site. If any provision of this Terms of Service agreement is determined to be invalid or
unenforceable, all other provisions shall remain in full force and effect. The section headings used herein are for
convenience only and shall not be given any legal import.
(13) Unauthorized Use and Restriction / Termination Of Right To Access Any Or All Of Site
COMPANIES reserves the right, in their sole discretion, to restrict or terminate your access to all or any part of
COMPANIES' Site and the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of Iowa, U.S.A. and you hereby consent
to the exclusive jurisdiction and venue of courts in Polk County, Iowa, U.S.A. in all disputes arising out of or
relating to the use of the COMPANIES' Site. Use of the COMPANIES' Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship exists between you and COMPANIES
as a result of this agreement or use of the COMPANIES' Site. COMPANIES' performance of this agreement is
subject to existing laws and legal process, and nothing contained in this agreement is in derogation of COMPANIES'
right to comply with governmental, court and law enforcement requests or requirements relating to your use of the
COMPANIES' Site or information provided to or gathered by COMPANIES with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between you and COMPANIES with respect to the COMPANIES' Site and it
supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written,
between the user and COMPANIES with respect to the COMPANIES' Site. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish of the parties that this agreement
and all related documents be drawn up in English.
(14) Privacy and Disclosure
You have read and accept the terms and provisions of our Privacy Statement.
(15) Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
(16) Notices & Procedure For Making Claims Of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under
United States copyright law should be sent to Service Provider's Designated Agent.
(17) Copyright & Trademark Notices
All contents of the COMPANIES' Site are the copyright of Rising Star Wholesale, Inc., All Iowa Products, LLC &
All Iowa Gutter, LLC and/or their affiliates, suppliers or other third parties from whom the appropriate
authorization and/or license(s) have been obtained. All Rights Reserved.
| ALL IOWA HOME CENTER Rising Star Wholesale, Inc. | All Iowa Products, LLC | All Iowa Gutter, LLC |
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| © 2010 Rising Star Wholesale, Inc. , All Iowa Products, LLC & All Iowa Gutter, LLC. All Rights Reserved. |
| TELEPHONE: |
| 515.289.5000 |
| FACSIMILE: |
| 515.289.5097 |