Windowcraft Intellectual Property
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.
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.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
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.
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.
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
All inquiries may be directed to:
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.