Vinyl By Design Terms of Use

Welcome to the Vinyl By Design website.

Vinyl By Design (“VBD”) maintains this site (the "Site") for your information, education, and communication. Please feel free to browse the Site. If you are browsing this Site as a non-commercial consumer, you may download material displayed on the Site for your non-commercial, personal use only. If you are browsing this Site as an employee/agent/member of any business or organization, you may download material displayed on the Site only for non-commercial purposes within your business or organization. This permission is specifically conditioned on your retaining all copyright and other proprietary notices contained on the materials. Additionally, you may not distribute or transmit (except, within your business or organization), modify, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without VBD's written permission. Your access and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. Certain services or other offerings made available on the Site may have additional terms and conditions that apply and which can be viewed either on the pages containing such services or offerings or via a link on those pages or other directions to the additional terms and conditions. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions below as well as such additional terms and conditions.

Terms and Conditions

1.  General

You should assume that all material on the Site is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Site.

2.  Ownership of Materials on Site

Materials displayed on the Site are either the property of, or used with permission by, VBD. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statues. 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.

3. Copyrighted Materials

VBD respects the intellectual property of others, and requires that users of the Site do the same. Accordingly, you may not place any material protected by copyright anywhere on the Site without the express permission of the author or owner of the copyright in that material.

VBD will promptly take down or block access to infringing or allegedly infringing material on its servers if VBD becomes aware that such material infringes the copyright rights of a third party, whether VBD identifies such infringement in the course of its ordinary and reasonable business activities, or through notification by a third party.

If you believe that your work has been copied in a way that constitutes copyright infringement, and appears on the Site, please provide VBD's copyright agent, designated below, the following information:

(i)   an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
(ii)  a description of the copyrighted work that you claim has been infringed.
(iii) a description of where the material that you claim is infringing is located on the Site.
(iv)  your address, telephone number and email address
(v)   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.
(vi)  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 behalf of the copyright owner.

4. Information You Submit

VBD does not want to receive confidential or proprietary information from you through our Site. Other than personally identifiable information, which is covered under the Vinyl By Design Privacy Policy, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). VBD will have no obligations with respect to the Communications. VBD and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

5. Disclaimer or Warranty

Your use of the Site is at your risk. VBD makes no warranties or representations as to its accuracy and VBD specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site. Neither VBD, its parent or affiliated companies, nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Site. Without limiting the foregoing, all material on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

6. Securities Law Notice

The information in the Site contains certain forward-looking statements with respect to Vinyl By Design, its subsidiaries and affiliates. These statements are often, but not always made through the use of words or phrases such as “expect”, “should continue”, “continue”, “believe”, “anticipate”, “estimate”, “contemplate”, “target”, “plan”, “budget”, “may”, “will”, “schedule” and “intend” or similar formulations. By their nature, these forward-looking statements are necessarily based upon a number of estimates and assumptions that, while considered reasonable by management, are inherently subject to significant, known and unknown, business, economic, competitive and other risks, uncertainties and other factors affecting VBD specifically or its industry generally that could cause actual performance, achievements and financial results to differ materially from those contemplated by the forward-looking statements. These risks and uncertainties include fluctuations in the level of renovation, remodeling and construction activity; changes in product costs and pricing; an inability to achieve or delays in achieving savings related to the cost reductions or revenues related to sales price increases; the sufficiency of our restructuring activities, including the potential for higher actual costs to be incurred in connection with restructuring activities compared to the estimated costs of such actions; the ability to recruit and retain qualified employees; the level of outstanding debt and our current debt ratings; the ability to meet the financial covenants in our credit facilities; changes in product mix; the growth rate of the markets into which VBD’s products are sold; market acceptance and demand for VBD’s products; changes in availability or prices for raw materials; pricing pressures resulting from competition; difficulty in developing and introducing new products; failure to penetrate new markets effectively; the effect on foreign operations of currency fluctuations, tariffs, nationalization, exchange controls, limitations on foreign investment in local business and other political, economic and regulatory risks; difficulty in preserving proprietary technology; adverse resolution of litigation and administrative and intellectual property disputes; changes in environmental regulations; currency risk exposure and other risks described from time to time in publicly filed disclosure documents or reports of VBD and its subsidiaries and affiliates. In view of these uncertainties we caution readers not to place undue reliance on these forward-looking statements. VBD disclaims any intention or obligation to update or revise any statements made herein, whether as a result of new information, future events or otherwise.

If you have any questions or comments about this Policy, please contact us at:

Vinyl By Design
67002 S.R. 15
NEW PARIS, IN 46553

1-574-831-5420