GI Windows, Inc.
Legal Disclaimer and Terms of Website
Last Updated: 02/06/2020
Welcome, and thank you for your interest in GI Windows, Inc.(“GI Windows”, “We” or “Us”) and our website at , along with our related websites provided by Us (collectively, the “Website”). These termsof website(“Terms of Website”) are a legally binding contract between you and GI Windowsregarding your use of the Website.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 12, you agree that disputes arising under these Termswill be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND GI WINDOWSARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 12.)
NO MEDICAL ADVICE. This Website has been created by Us to provide information about our company and our business. This information is for general informational purposes only. NOTHING ON THIS WEBSITE SHOULD BE CONSTRUED AS MEDICAL ADVICE. THIS WEBSITE DOES NOT OFFER MEDICAL DIAGNOSIS OR PATIENT-SPECIFIC TREATMENT ADVICE. It is important that you consult with your own health care professional about your specific situation.
1. GI Windows Website Overview. Our Website provides you with up to date information about Us, including product information,
news and updates about Us, and any other information Wemay provide via our Websitefrom time to time.
2. Eligibility. You must be at least 18 years old to use the Website. By agreeing to these Terms, you represent and warrant to Us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Website; and (c) your use of the Website is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3.1. Limited License. Subject to your complete and ongoing compliance with these Terms, GI Windowsgrants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website.
3.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Website; (b) make modifications to the Website; or (c) interfere with or circumvent any feature of the Website, including any security or access control mechanism. If you are prohibited under applicable law from using the Website, you may not use it.
3.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Website (“Feedback”), then you hereby grant GI Windowsan unrestricted, perpetual, irrevocable, non-exclusive, transferable, sublicensable fully-paid, royalty-free and worldwide right to exploit the Feedback in any manner and for any purpose without credit due to you or other restrictions, including to improve the Website and create other products and Websites.
4. Ownership; Proprietary Rights. The Website is owned and operated by GI Windows. This Website may contain or reference patents, technologies, products, or other proprietary rights of GI Windowsand/or other third parties. NOTHING ON THIS WEBSITE SHOULD BE CONSTRUED AS CONFERRING BY IMPLICATION, ESTOPPEL OR OTHERWISE ANY LICENSE OR RIGHT UNDER ANY TRADEMARKS, PATENTS, TECHNOLOGIES, PRODUCTS, OR OTHER PROPRIETARY RIGHTS OF GI WINDOWSOR ANY THIRD PARTY. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, Websites, and all other elements of the Website (“Materials”) provided by GI Windowsare protected by intellectual property and other laws. All Materials included in the Website are the property of GI Windowsor its third party licensors. Except as expressly authorized by GI Windows, you may not make use of the Materials. GI Windowsreserves all rights to the Materials not granted expressly in these Terms.
5. Communications. We may send you emails concerning our products and Websites. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
6. Prohibited Conduct. BY USING THE WEBSITE, YOU AGREE NOT TO:
a. reproduce, distribute, publicly display, or publicly perform the Website
b. make any modifications to the Website
c. use the Website for any illegal purpose or in violation of any local, state, national, or international law;
d. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
e. interfere with security-related features of the Website, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Website except to the extent that the activity is expressly permitted by applicable law;
f. interfere with the operation of the Website or any user’s enjoyment of the Website, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Website; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Website; or
g. perform any fraudulent activity including impersonating any person or entity or claiming a false affiliation with GI Windowswithout permission from Us;
h. attempt to do any of the acts described in this Section 6or assist or permit any person in engaging in any of the acts described in this Section 6.
7. Modification of these Terms. We reserve the right to change these Termson a going-forward basis at any time. Please check these Termsperiodically for changes. If a change to these Termsmaterially modifies your rights or obligations, Wemay require that you accept the modified Termsin order to continue to use the Website. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 7, these Termsmay be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Termswill be resolved in accordance with the version of these Termsthat was in effect at the time the dispute arose.
8. Term, Termination and Modification of the Website
8.1 Term. These Terms are effective beginning when you accept the Termsor first access or use the Website, and ending when terminated as described in Section 8.2.
8.2 Termination. If you violate any provision of these Terms, your authorization to access the Website and these Termsautomatically terminate. In addition, GI Windowsmay, at its sole discretion, terminate these Termsor suspend or terminate your access to the Website, at any time for any reason or no reason, with or without notice.
8.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Website; (b) you will no longer be authorized to access the Website(c) Sections
3.3, 4, 8.3, 9, 10, 11, 12, and 13 will survive.
8.4 Modification of the Website. GI Windowsreserves the right to modify or discontinue the Website at any time (including by limiting or discontinuing certain features of the Website), temporarily or permanently, without notice to you. GI Windows will have no liability for any change to the Website or any suspension or termination of your access to or use of the Website.
9. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Website, and you will defend and indemnify GI Windowsand its officers, directors, employees, consultants, and agents, as well as any affiliates and subsidiaries (together, the “GI WindowsEntities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Website; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
10. Disclaimers; No Warranties
THE WEBSITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. GI WINDOWSDISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. GI WINDOWSDOES NOT WARRANT THAT THE WEBSITE OR ANY PORTION OF THE WEBSITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE WEBSITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR GI WINDOWS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE GI WINDOWS ENTITIES OR THE WEBSITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE WEBSITE AND YOUR DEALING WITH ANY OTHER WEBSITE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE WEBSITE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
THIS WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES. SUCH LINKS ARE PROVIDED SOLELY FOR YOUR CONVENIENCE AS POINTERS TO INFORMATION THAT MAY BE USEFUL TO USERS OF THIS WEBSITE. WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE CONTENT OF ANY SUCH LINKED WEBSITE INCLUDING, WITHOUT LIMITATION, THE ACCURACY, COMPLETENESS, RELIABILITY OR SUITABILITY, THEREOF FOR ANY PARTICULAR PURPOSE, NOR DO WE WARRANT THAT SUCH SITE OR CONTENT IS FREE FROM ANY CLAIMS OF COPYRIGHT, TRADEMARK OR OTHER INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES OR THAT SUCH SITE OR CONTENT IS FREE FROM DEFECTS, VIRUSES OR OTHER DESTRUCTIVE OR DISABLING DEVICES. A LINK TO A WEBSITE NOT MAINTAINED OR CONTROLLED BY US DOES NOT IMPLY ANY ENDORSEMENT OF OR RESPONSIBILITY FOR THE OPINIONS, IDEAS, PRODUCTS, INFORMATION OR SERVICES OFFERED AT SUCH SITES, OR ANY REPRESENTATION REGARDING THE CONTENT AT SUCH LINKED WEBSITES.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. GI Windowsdoes not disclaim any warranty or other right that GI Windowsis prohibited from disclaiming under applicable law.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE GI WINDOWS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISINGOUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY MATERIALS OR CONTENT ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY GI WINDOWS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 12.4AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE GI WINDOWS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TOTHE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 11WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.