Terms of Use

Effective Date:  September 2023

Acceptance of the Terms of Use

These Terms of Use (“Terms”) are entered into between you and Showplace Wood Products, Inc. (“Showplace”).  The following terms and conditions, together with any documents they incorporate by reference, govern your access to and use of the websites www.showplacecabinetry.com, www.showplacedesigncenter.com, and www.bluestemcabinetry.com (collectively referred to as the “Website”), including any content, functionality, and services offered on or through the Website.

Please read these Terms before you start to use the Website.  By using the Website, or by visiting any area or page on the Website, you accept and agree to be bound and abide by these Terms and Showplace’s Privacy Policy.  If you do not agree to be bound by these Terms and to follow all applicable laws, you should leave the Website immediately. 

These Terms May Change

Showplace may revise and update these Terms from time to time in its sole discretion and without prior notice.  All changes are effective immediately.  Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

Intellectual Property Rights

The term “Content” refers to all of the software and code comprising or used to operate the Website, as well as all of the text, photographs, designs, images, illustrations, graphics, sound recordings, audio-video clips, and other materials available on the Website. 

The Website and the Content are owned by Showplace, its licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  All Content is or may be copyrighted as a collective work under the U.S. copyright laws. 

The presence of any Content on the Website does not constitute a waiver of any right in such Content.  Except as otherwise provide herein, none of this Content may be used, copied, reproduced, distributed, republished, modified, displayed, posted, or transmitted in any form without Showplace’s express prior written permission. 

Licenses and Restrictions

Showplace grants you a limited, non-exclusive, revocable license to access and make personal, noncommercial use of the Website and the Content.  You have permission to lawfully access and use the Website and to display, download, or print portions of the Website on a temporary basis and for your personal, noncommercial use only, provided that you (1) do not modify the Content; (2) retain any and all copyright and other proprietary notices contained in the Content; and (3) you do not copy or post the Content on any network computer or broadcast the Content in any media. 

Trademarks

The Showplace names and logos, all product names, and all related names, logos, product and service names, designs, and slogans (the “Marks”), whether registered or not, are trademarks of Showplace.  You must not use the Marks without the prior written permission of Showplace.  All other trademarks, product names, company, names, logos, service marks, and/or trade dress mentioned, displayed, or otherwise shown on the Website are the property of their respective owners. 

Digital Millennium Copyright Act

It is not Showplace’s practice to permit materials known by Showplace to infringe another’s copyright to remain on the Website.  If you believe any materials on the Website infringe your copyright, you should provide Showplace a notice in accordance with the Digital Millennium Copyright Act. 

Disclaimer of Warranties

SHOWPLACE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR ITS CONTENT.  THE WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED FOR USE ON AN “AS IS” BASIS.  YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  SHOWPLACE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SHOWPLACE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS, INCLUDING VIRUSES.  SHOWPLACE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WHICH IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT.  SHOWPLACE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS WEBSITE. 

TO THE FULLEST EXTENT ALLOWED BY LAW, SHOWPLACE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR LINKED TO THE WEBSITE. 

Without limiting any of the foregoing, certain products offered on the Website or through Showplace’s dealers may be covered by a manufacturer’s product warranty, and the limitations and disclaimers set forth herein will not limit or restrict any such warranty.  You may find more information regarding Showplace’s warranties here.

Indemnification

You agree to defend, indemnify, and hold harmless Showplace, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorney’s fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, use of the Website’s Content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

Links to Sites Operated by Third Parties

The Website may provide links to websites operated by third parties.  Showplace is not responsible for examining or evaluating, and Showplace does not warrant the products or offerings of any of these businesses or individual or the accuracy or content of those websites.  Before you use any website, you should review the applicable terms of use and policies.  The inclusion of a link in this Website does not imply Showplace’s endorsement of the website.  If you decide to access a linked third-party website, you do so at your own risk.  

The Website utilizes Google Maps API for certain features, including Showplace’s Dealer Locator (https://showplacecabinetry.com/dealer-locator/).  By using these features, you agree to be bound by Google’s applicable Terms of Service, available here.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provisions shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of the Terms shall remain in full force and effect.

Governing Law, Jurisdiction, and Venue

Showplace’s headquarters are located in Harrisburg, South Dakota.  These Terms shall be governed under the laws of the State of South Dakota without regard to its conflicts of law provisions.  All actions or proceedings arising out of or relating to these terms shall be venued exclusively in state court in Lincoln County, South Dakota, or in the southern division of federal district court in the district of South Dakota.  You consent and submit to the personal jurisdiction of said courts for all purposes and waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts. 

Entire Agreement

These Terms, together with Showplace’s Privacy Policy, contain the entire understanding and agreement between you and Showplace with respect to the Website, and supersedes all previous communications, negotiations, and agreements, whether oral, written, or electronic between you and Showplace with respect to this Website.