The EcoFabrix Site (as defined herein), including the www.EcoFabrix.com website, and any derivative or affiliated website on which these Terms of Use (“Terms of Use” or “Agreement”) are posted, are owned and operated by Windowcraft, Inc. d/b/a EcoFabrix, a New York corporation (“Windowcraft,” “we,” “us,” or “our”). These Terms of Use are an agreement between Windowcraft and any person or entity (“you” or “your”) who accesses or otherwise uses the Site and any related Content (as defined herein). These Terms of Use are intended to make you aware of the terms and conditions of governing your use of the www.EcoFabrix.com website, any Content, any other information offered or provided by Windowcraft, or any derivative or affiliated website on which these Terms of Use are posted (collectively, the “Site”).
Windowcraft reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time. You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review these Terms of Use for such changes. Your continued use of this Site following the posting of changes to these Terms of Use constitutes your acceptance of those changes. The most current version of these Terms of Use can be reviewed at www.EcoFabrix.com.
The disclaimers, terms, and conditions contained in these Terms of Use are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application disclosed by Windowcraft, including through a registration process or other means. In the event of a conflict between these Terms of Use and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.
BY using OR OTHERWISE ACCESSING the Site, registering or accessing an account, POSTING, PROVIDING, TRANSMITTING or downloading Content or any other information to or from the Site, you hereby agree to, and shall be subject to, these Terms of USE. If you do not UNEQUIVOCALLY agree, you may not use OR OTHERWISE ACCESS the Site, POST, PROVIDE, TRANSMIT or download ANY Content or any other information to or from the Site.
General Terms of Use and Restrictions on Use
Windowcraft hereby grants you, and you hereby accept, a limited, nonexclusive, nonassignable, nontransferable license to access and use the Site solely for your own personal use. All rights not otherwise expressly granted by these Terms of Use are reserved by Windowcraft. If you do not comply with the Terms of Use at any time, Windowcraft reserves the right to revoke the aforementioned license, limit your access to the Website, or restrict your ability to view or download Content. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell, or exploit for any purpose any portion of or any information from the Site. You may not obscure or remove any proprietary rights notices contained in or on the Content. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical, and other physical requirements necessary for your access to and use of the Site or any part thereof.
Windowcraft may discontinue or alter any aspect of the Site, remove Content from the Site, restrict the time the Site is available, or restrict the amount of use permitted at Windowcraft’s sole discretion and without prior notice or liability. You agree that Windowcraft may, under certain circumstances, immediately suspend and/or terminate your access to the Site or any part thereof. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Site; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) your engagement in fraudulent or illegal activities. You further agree that such measures shall be taken in Windowcraft’s sole discretion and without liability to you or any third party.
Windowcraft Intellectual Property
Unless otherwise specifically noted in these Terms of Use or on the Site, images, trademarks, service marks, logos, and icons displayed on the Site are the property of Windowcraft and/or its licensors and may not be used without Windowcraft’s prior written consent. The Site is the copyrighted property of Windowcraft, and it may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Terms of Use. Any unauthorized use of any Content, whether owned by Windowcraft or other parties, may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate, or redistribute the intellectual property found in the Site or any part thereof or grant any other person or entity the right or access to do so.
Content
You acknowledge that the Site may contain, provide access to, or otherwise allow you to access, view, download, upload, publish, send, receive, and transmit information or other material provided by Windowcraft, Windowcraft’s authorized agents, and/or other third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The Site may allow for Content to be posted by users, and such Content posted by users via the Site (“User Content”) is the intellectual property of the specific users of the Site who post such User Content. By posting, providing or delivering User Content, you hereby grant to Windowcraft a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.
Windowcraft does not generally monitor or otherwise remove User Content after it is posted on the Site except as required or permitted by law or otherwise in the sole discretion of Windowcraft, and reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may violate these Terms of Use. Windowcraft does not make any warranties or representations regarding any of the User Content. Windowcraft does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the Content. Windowcraft is not and will not be liable for any Content or User Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable.
Links
As a service to you and our users, we may provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, and the presentation of third party links or content by Windowcraft is not intended to be an endorsement, sponsorship, or recommendation by Windowcraft. Please be aware that when you exit the Site, you are subject to the policies of the new third party website. You further acknowledge and agree that Windowcraft shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods, or services available on or through any third party website or resource.
Windowcraft’s Privacy Policy
Windowcraft collects, stores and uses data collected from you in accordance with Windowcraft’s Privacy Policy, located at www.EcoFabrix.com. The terms and conditions of the Privacy Policy, as modified from time to time, are hereby expressly incorporated into these Terms of Use.
User Representations
You hereby represent and warrant to Windowcraft that you (i) are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under this Agreement; (ii) all information provided by you to Windowcraft is truthful, accurate and complete; and (iii) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Site or any part thereof. For any User Content that you post via the Site, you hereby represent and warrant that: (a) you are owner of such User Content or otherwise have the right to grant Windowcraft the licenses granted pursuant to this Agreement; (b) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (c) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; and (d) the use of any User Content will not result in harm or personal injury to any third party.
Prohibited Uses
You agree not to engage in unacceptable use of the Website, including: (a) use of the Site to store, disseminate, transmit or provide any information or other material that is, or to a reasonable person may be, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful, racially, ethnically, or otherwise morally objectionable; (b) use of the Site to store, disseminate, transmit or otherwise provide content, files, graphics, software, or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral, or publicity rights, of any person; (c) use of the Site to interfere, disrupt, or attempt to gain unauthorized access to other accounts on the Site or any other computer network; (d) use of the Site to store, disseminate, transmit or provide viruses, trojan horses, or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Site to store, disseminate, transmit or provide any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (f) use of any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract any data from the Site); (g) use of the Site to gain competitive intelligence about Windowcraft or to otherwise compete with Windowcraft or its affiliates; (h) framing or otherwise simulating the appearance or functions of the Site or any portion thereof; (i) harvesting or otherwise collecting any information about other users, including, without limitation, IP addresses, email addresses, or other information of other users; or (j) use the Site to engage in any activity that, as determined by Windowcraft, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
Disclaimer
Windowcraft uses reasonable efforts to maintain the Site, but Windowcraft is not responsible for any defects or failures associated with the Site, any part thereof, any User Content you may provide, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which Windowcraft may undertake from time to time, or (c) causes beyond the control of Windowcraft or which are not foreseeable by Windowcraft.
EXCLUSION OF WARRANTIES / DISCLAIMER
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE, AND ANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. Windowcraft PROVIDES NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR any CONTENT POSTED or otherwise made available therein. ALTHOUGH Windowcraft USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE IS AS ACCURATE AS POSSIBLE, Windowcraft GIVES NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR Windowcraft CONTENT posted or otherwise made available therein. FURTHER, Windowcraft DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE OR any CONTENT WILL MEET YOUR EXPECTATIONS. Windowcraft EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT THE SITE OR ANY CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED.
ANY CONTENT OR OTHER MATERIALS ACCESSED, USED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE RISK AND EXPENSE. YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS OR USE OF ANY SUCH CONTENT OR MATERIALS.
Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Windowcraft SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Windowcraft HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF the applicable SUBSTITUTE PRODUCTS or SERVICEs RESULTING FROM the inability to access or utilize any DATA, INFORMATION, MESSAGES RECEIVED, OR TRANSACTIONS THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL Windowcraft’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Release
You agree to release Windowcraft, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using them.
Indemnification
You agree to defend, indemnify and hold harmless Windowcraft, its officers, members, directors, employees, and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with: (i) your access to or use of the Site or any part thereof; (ii) any information you post or provide via the Site, including User Content; (iii) a breach or alleged breach by you of any of your representations, warranties, covenants, or obligations under this Agreement; (iv) infringement or misappropriation of any intellectual property or other rights of Windowcraft or third parties by you; or (v) any negligence or willful misconduct by you.
Governing Law and Other Miscellaneous Terms
The parties and their respective personnel are and shall be independent contractors, and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
This Agreement shall be governed by and construed, interpreted, and enforced in accordance with the laws of the State of New York, without reference to its conflicts or choice of law principles. The parties agree that the sole and exclusive jurisdiction and venue for any and all disputes arising under this Agreement shall be in any trial court located in or having jurisdiction over Nassau County, New York. Each of the parties hereby irrevocably submits and consents to the personal jurisdiction of the above-named courts. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by such federal or state courts and to the laying of venue of any such suit, action, or proceeding brought in any such federal or state court.
The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Windowcraft which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Windowcraft has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies Windowcraft may have for your breach of this Agreement. The prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled in any action at law or in equity.
Windowcraft makes no representation that the Site or other material or information on the Site is appropriate to or available in locations outside of the United States. You may not use the Site or export any materials or information on the Site in violation of United States export laws, regulations or restrictions. If you access the Site from outside of the United States, you are responsible for compliance with all applicable laws.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.
This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Site, any Content or User Content, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site and any Content or User Content provided via the Site.
If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
Copyright and Copyright Notices
Windowcraft respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Windowcraft the following information:
Changes to our Policies
Since offerings and technologies change, we reserve the right to change, modify, add, or remove portions of these Terms of Use, in our sole discretion, at any time without prior notice to you. You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review these Terms of Use for such changes. Your continued use of this Site following the posting of changes to these Terms of Use constitutes your acceptance of those changes. The most current version of these Terms of Use can be reviewed at www.EcoFabrix.com. If you have any questions or would like further clarification, please contact us at the mailing address noted below.
All inquiries may be directed to:
Windowcraft, Inc.
12830 Virkler Drive • Suite 500
Charlotte, NC 28273
We strive to make our colors as accurate as possible, but screen or print images are intended as a guide only. They should not be regarded as absolutely correct since the colors you see on your screen or on a print-out may not be a totally accurate reproduction of the actual product.
