Terms of Use

Last Updated: July 20, 2017

Welcome to Western Window Systems!

Western Window Systems ("we" or "us") provides its websites westernwindowsystems.com and westernvolumeprogram.com, and Western Window Systems’ mobile sites and applications (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) (collectively, "Sites") subject to your compliance with these Terms of Use and Privacy Policy.

PLEASE READ THESE TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE USING THE SITES. Your use of the Sites constitutes an agreement to be bound by these Terms of Use, including all dispute resolution provisions, and Western Window Systems’ Privacy Policy. We recommend that you print out a copy of these Terms of Use and Privacy Policy for your records.

PRIVACY POLICY
Click here to review Western Window Systems’ Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

CHANGES
Western Window Systems reserves the right, at any time, to change or modify these Terms of Use, our Privacy Policy and/or the Sites. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions or statements regarding the Sites.

Notice of any change to these Terms of Use or Privacy Policy will be provided by updating the "Last Updated" date at the top of the respective web pages.

INTELLECTUAL PROPERTY RIGHTS
The Sites contain valuable trademarks and service marks owned and used by Western Window Systems, including but not limited to, the name Western Window Systems and the Western Window Systems design logo (collectively “Marks”). Western Window Systems requires a license agreement or other written permission signed by an authorized Western Window Systems’ representative prior to any use of Western Window Systems’ Marks. All material on the Sites and the arrangement and layout of the Sites, including but not limited to, the Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content (collectively, the "Site Content"), are the sole and exclusive property of Western Window Systems and are protected under United States and international copyright laws.

All intellectual property rights in the Site Content, including without limitation, trademarks, service marks, copyrights, patents, trade names, trade secrets, logotypes, advertising and other commercial symbols, and goodwill (collectively “Intellectual Property”), whether registered or not, are and shall remain the sole property of Western Window Systems or authorized third-party owners.

You are permitted to print one copy of any Site Content made available by Western Window Systems specifically for downloading from the Sites for your personal use or to comply with any applicable law, provided you: (i) do not modify the materials; (ii) do not make any representations or warranties relating to such materials; and (iii) do not use the materials in any way that harms Western Window Systems or is likely to cause customer confusion. The limited permission described herein will automatically terminate upon the breach of these Terms of Use or Western Window Systems’ Privacy Policy. No Site Content may be copied, reproduced, modified, republished, distributed, uploaded, downloaded, posted or transmitted, except as expressly provided herein.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, DISTRIBUTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ANY SITE CONTENT, OR ALL OR ANY PART OF THE SITES, IS STRICTLY PROHIBITED.

LINKS TO OTHER WEBSITES
The Sites may contain links to third-party websites ("Other Sites") that are not under Western Window Systems' control. Western Window Systems makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Sites or link to the Sites. Western Window Systems provides these links to you as a convenience and the inclusion of any link does not imply endorsement by Western Window Systems of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use of any third-party sites.

NOTICE TO CALIFORNIA RESIDENTS
California’s Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm. We are providing the following warnings in connection with products advertised on this web site:

WARNING: Some of the products available on the Sites contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.

WARNING: Wood dust is a substance known to the State of California to cause cancer. Avoid inhaling wood dust or use protective equipment when drilling, sawing, sanding, or machining wood products.

Complaints may be reported to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

PROHIBITED USES
All communications made to or with Western Window Systems, including material submitted to the Sites, such as feedback, questions, comments, suggestions or any other submission will not be confidential, proprietary, or otherwise protected from disclosure and is the exclusive property of Western Window Systems. Western Window Systems will have a perpetual royalty free and exclusive license to reproduce, use, disclose and distribute such communication or submissions to others without limitation. Western Window Systems will also be free to use any ideas, concepts, know-how, content or techniques contained in your communications or submissions for any purpose and in any medium whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Any communications or submissions that contains misrepresentations, libelous, defamatory, false, threatening, discriminatory, obscene, or harassing information or that infringes the intellectual property rights of any third-party is strictly prohibited.

Western Window Systems is not responsible for your communications or submissions to the Sites and you agree to defend, indemnify, and hold harmless Western Window Systems, and its representatives, affiliates, and subsidiaries, from and against all third-party claims, actions, suits, demands, assessments, or judgments asserted, and any and all losses, liabilities, damages, costs, and expenses (including actual attorneys’ fees) arising from or in connection with: (i) your use or access to the Sites; (ii) your communications or submissions; or (iii) your violation of these Terms of Use.

You agree that you will not use the Sites or Site Content for any unlawful or harmful purpose, including without limitation “hacking” or defacing any portion of the Sites, spamming, phishing or other activity intended to gather data unlawfully, transmit software or materials that contain viruses or other harmful content, frame or mirror any part of the Sites or any Site Content without Western Window Systems’ express authorization, or use any robot, spider, site search or other device to obtain, index, or reproduce Site Content or data.

LEGAL DISPUTES
YOU AND WESTERN WINDOW SYSTEMS EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. You and Western Window Systems remain free to bring any issues or claims to the attention of government agencies.

Any dispute or claim between you and Western Window Systems, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, ‘Western Window Systems”) arising from or relating to your use of the Sites or these Terms of Use, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory and including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be governed and construed in accordance with the laws of the State of Arizona, without regard to conflicts of laws rules, and shall be submitted to arbitration in Phoenix, Arizona, by a single arbitrator, mutually agreed to by the parties. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Any judgment on the award rendered by the arbitrator may be entered in any U.S. Court having jurisdiction.

TERMINATION
Western Window Systems may, in its sole discretion and at any time, discontinue providing the Sites or discontinue access to the Sites, or any part thereof, with or without notice. You agree that any termination of the Sites or your access to the Sites may be effected without prior notice and that Western Window Systems will not be liable to you or any third-party for any such termination of access to the Sites.

If you have a registered account associated with access to the Sites, you can terminate such account by sending an email to [email protected] with the subject line "Website Termination Request".

The provisions of the Intellectual Property Rights, restricted uses, Warranty Disclaimer, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

WARRANTY DISCLAIMER
THE SITES AND SITE CONTENT ARE OFFERED THROUGH THE SITES “AS IS” AND “AS AVAILABLE” AND WESTERN WINDOW SYSTEMS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR A PARTICULAR PROJECT, DESIGN, APPLICATION, CLIMATE, CONDITION, OR USE, TITLE AND NON-INFRINGEMENT.

WESTERN WINDOW SYSTEMS DOES NOT WARRANT THAT: (i) THE SITE CONTENT AND OPERATION WILL MEET YOUR NEEDS OR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNITERRUPTED, TIMELY, SECURE, OR FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL CONTENT; (iii) INFORMATION AND SITE CONTENT WILL BE ACCURATE OR RELIABLE; OR (iv) ERRORS, OMISSIONS OR DEFECTS WILL BE CORRECTED. YOU ASSUME THE RISK AND ARE RESPONSIBLE FOR ALL DAMAGES ARISING FROM YOUR USE OF THE SITES, INCLUDING WITHOUT LIMITATION THE COST OF ANY SERVICE, REPAIRS, CORRECTIONS, MODIFICATIONS, OR PURCHASES OF COMPUTER EQUIPMENT AND SOFTWARE OR ANY BUSINESS INTERRUPTION OR RELATED LOSSES.

LIMITATION ON LIABILITY
WESTERN WINDOW SYSTEMS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, CONTINGENT, OR PUNITIVE DAMAGES THAT MAY RESULT FROM: (i) THE USE OF, OR THE INABILITY TO USE, THE SITES OR ANY SITE CONTENT; (ii) THE PERFORMANCE OF THE SITES; OR (iii) DEFECTS, OMISSIONS OR INACCURACIES OF ANY INFORMATION ON THE SITES, INCLUDING ALL SITE CONTENT, WHETHER CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, OR OTHERWISE AND WHETHER THE ACTION IS BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY.

RIGHT TO ACCESS
YOU MUST BE AT LEAST AGE 18 AND LEGALLY COMPETENT TO AGREE TO THESE TERMS OF USE IN ORDER TO USE THE SITES. If you are a parent or legal guardian of a minor between the ages of 13 and 17 you may provide consent on behalf of such child, but by so doing you agree to be bound by these Terms of Use and agree to be fully responsible for such child’s use, including without limitation, all financial charges and other legal liability such child may incur.

OUTAGES AND INTERRUPTIONS
Western Window Systems periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Western Window Systems has no responsibility and is not liable for: (i) the unavailability of any of the Sites; (ii) any loss of data, information or materials caused by such system outages; (iii) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (iv) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

JURISDICTIONAL ISSUES
The Sites are operated by Western Window Systems from its offices in Phoenix, AZ, USA. Western Window Systems makes no representations or warranties that the Sites or any Site Content is valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are solely responsible for compliance with applicable local laws. Western Window Systems reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any geographic area or jurisdiction, at any time and in our sole discretion. You may not use or export any Site Content or software on the Sites in violation of U.S. export laws and regulations. Any claim relating to the Site or your use of it shall be governed by the substantive laws of the State of Arizona, without regard to conflict of laws provisions.

GENERAL INFORMATION
In the event Western Window Systems decides, in its sole discretion, to deviate from any of the terms in this Agreement, such exception shall apply only to the limited circumstances and limited time for which it was granted and shall not be construed as a waiver of Western Window Systems’ right to strictly enforce the provisions hereunder.

If any provision of this Agreement shall be declared by any court of competent jurisdiction to be illegal, void, or unenforceable, such provision shall be enforced to the maximum extent valid and enforceable and the other provisions shall not be affected but shall remain in full force and effect.

These Terms of Use set forth the entire Agreement between you and Western Window Systems with respect to use of the Sites and supersede any prior agreements between you and Western Window Systems relating to such subject matter.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use or your use of the Sites.

Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

VIOLATIONS AND DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) NOTICE
Western Window Systems respects the copyright interests of others. However, information may be submitted to our Sites by third parties that are not within our control. If you believe any material or information on the Sites may infringe a copyright or other intellectual property right or to report any other violation of these Terms of Use, please click here to contact the system administrator.

Questions?
If you have questions, comments or complaints about these Terms of Use or the Sites, please contact us here. (please reference "Questions about the Sites").