SITE TERMS OF USE

Last Updated: October 5, 2025

THESE TERMS INCLUDE MANDATORY ARBITRATION AND WAIVER OF CLASS ACTIONS AND JURY TRIALS. THESE PROVISION SUBSTANTIALLY AFFECT YOUR RIGHTS. See Section 8, “Dispute Resolution” below.

1. Acceptance of Terms

These Terms of Use (“Terms”) govern your access to MITER websites and mobile applications (collectively, the “Sites”). By accessing or using any Site, you represent and warrant that you are at least 18 years of age. If you reside in the United States, you agree to be bound by these Terms individually and on behalf of any entity you represent. If you reside outside the United States, you represent that you i) have voluntarily established contact with us, ii) will not engage in activities that violate applicable local, state or national laws or regulations of your country of residence, iii) agree your participation is governed by United States law and further subject to the arbitration and venue provisions in these Terms, and iv) consent to have your data processed in the United States. If you do not agree to these Terms, do not use the Sites. These Terms do not modify any separate agreements you may have with MITER for other products or services.

2. Site Purpose and Marketing Activities

Site Purpose: Our Sites serve as marketing platforms to promote our products, respond to requests for services related to our products.
Marketing and Advertising: We use cookies, pixels, and similar technologies to display targeted marketing content based on your Site activity and to connect you with relevant retailers. For detailed information about our data practices and your privacy choices, see our Privacy Notice at https://westernwindowsystems.com/privacy-notice.
Lead Generation: When you express interest in our products, request services, or seek warranty information, we share your contact information and interests with authorized retailers and partners in our network. You may receive recorded phone call connecting you to these retailers, as well as text messages regarding warranty information or service scheduling through our lead generation services.
Your Agreement: By using our Sites, you consent to these marketing activities, including tracking technologies and information sharing with third-party service providers, affiliated companies, and other companies having a business relationship with MITER (collectively “Business Partners”).

3. Incorporated Policies or Terms

Privacy Notice: Our Privacy Notice describes how we collect and use your personal information. You should review it carefully to fully understand how MITER collects and uses your personal information.

Terms of Sale: Transactions involving our products may be subject to Terms of Sale, which may include, without limitation, product warranties, as a condition to completing the transactions. These Terms of Sale may be posted on a Site or set forth in a separate agreement with you. Your transactions will be governed by such Terms of Sale.

Game Terms: Any contests, sweepstakes, games, or promotions accessible through the Site are governed by specific rules posted with each activity. These game-specific rules supplement these Terms and will control in case of any conflict. Participation in any game constitutes acceptance of both these Terms and the applicable game rules.

Forum and Community Guidelines: Use of any interactive features, forums, comment sections, or community areas is subject to additional community guidelines that supplement these Terms. These guidelines may be posted within the relevant Site sections or provided separately.

Dealer/Partner Terms: Access to dealer-only sections or partner areas may require acceptance of additional terms and conditions specific to those relationships and services.

Third-Party Services: The Site may integrate with or link to third-party services (such as social media platforms, payment processors, or analytics services) that have their own terms of service and privacy policies. Your use of such services is governed by their respective terms.

Hierarchy of Terms: In case of conflicts between these various policies and terms, the order of precedence is: (1) game or promotion rules; (2) terms of sale for transactions; (3) these Terms of Use; (4) Privacy Notice; and (5) other incorporated policies.

4. Site and Content

A. Site License and Access

For Personal Use Only. Subject to these Terms, we grant you a non-exclusive right to access and use the Site only for your personal, family, and household use and for no other purpose (unless specifically authorized for other purposes, such as “For Dealers Only” sections). This excludes resale or commercial use, collecting product listings, creating derivative works, and data mining or similar extraction methods. No other rights are granted by implication.
Access Credentials. You must provide complete and accurate information when registering and may not share credentials outside your household or organization. You are responsible for all activities using your credentials.
Security and Data Protection. You must take reasonable steps to secure your Site access and promptly report any vulnerabilities or breaches. If you process personal information through the Site, you must provide adequate privacy notices, obtain necessary consents, and comply with applicable law.
Rules of Conduct. You must comply with applicable laws including export control, sanctions, and human trafficking laws; respect others’ privacy and proprietary rights; not abuse, harm, threaten, mislead, defraud, impersonate, defame, bully, harass, or stalk others; not scrape or data mine the Site; and not abuse, interfere with, or disrupt the Site through fraudulent access, malware, spam, hacking, or bypassing protective measures.

B. Proprietary Rights

Copyrights. MITER and its third-party service providers, affiliated companies, and other companies having a business relationship with MITER (collectively “Business Partners”) reserve copyrights in all Site content, including but not limited to design, text, software, technical drawings, configurations, graphics, and other files and their selection and arrangement (the “Content”). Content may not be modified, copied, distributed, or used without our prior written permission, except you may download and print Content for non-competitive, non-derogatory uses while keeping proprietary notices intact and ensuring recipients accept these Terms. This consent may be revoked anytime and excludes republishing on other sites or incorporating into databases. You may not systematically extract data from the Site.
Trademarks. MITER’s and Business Partners’ trademarks, page headers, graphics, icons, and scripts may not be copied, imitated, or used without prior written permission from the respective owner. Other trademarks displayed, if any, are owned by their respective owners.
Patents. MITER’s and Business Partners’ products and processes may be covered by patents and other proprietary rights, which are reserved. You agree not to infringe these rights, or decompile, reverse engineer, or disassemble (including any attempt thereof) any products or processes.
Software. Site software may only be used for accessing the Site for expressly stated non-competitive, non-derogatory purposes. MITER and Business Partners retain full proprietary property rights. You may not copy, distribute, sell, modify, decompile, reverse engineer, disassemble, or create derivative works from any Software.

C. DMCA Notice

We respect copyright interests and remove infringing materials when notified. To report infringement, provide written notice at [email protected] containing: (1) signature of copyright holder or representative; (2) identification of copyrighted work and location of authorized version; (3) identification and location of infringing material; (4) your contact information; (5) good-faith belief statement that use is unauthorized; and (6) accuracy statement under penalty of perjury that you are the owner or authorized representative. Counter-notices are permitted under DMCA procedures. Consult legal counsel before filing notices, as false claims carry penalties.

D. Your Communications With Us

No Unsolicited Ideas. We do not accept unsolicited product ideas, suggestions, or business proposals except through our formal procedures (available upon request) with signed written agreements. If you disclose unsolicited ideas through this Site or otherwise, you agree to do so non-confidentially, and we may use your communications for any purpose (including publishing or developing products) without obligation to consider, keep confidential, credit, or compensate you.
Forums, Public Communications, and other Interactive Areas
1. User identity. You must provide accurate, complete registration information and keep it current.
2. Public Forum Safety. Your safety in any public forum (chat areas, message boards, email functions) is your sole responsibility. We are not liable for forum content accuracy, information use or disclosure, or consequences of your reliance on forum content. You agree that we will not be liable for the content or accuracy of any information on a forum, for use or disclosure of any submissions, or for any consequences of your reliance on it.
3. Your License to MITER. By submitting communications to the Site, you grant to us a non-exclusive, royalty-free, fully paid up, worldwide, fully transferable, perpetual, irrevocable right and license to use any ideas, concepts, know-how, techniques, works of authorship or discoveries contained therein, including developing, manufacturing, and marketing products contained therein. You irrevocably waive all moral rights or other rights with respect to attribution of authorship or integrity of materials regarding all Site communications.
4. Our Monitoring Rights. We retain the right (but no obligation) to monitor and edit the Site, forums, and communications as we deem appropriate, including altering or deleting posts, disclosing information about posts and posters for safety or legal compliance, and taking enforcement action under these Terms.

E. Contests, Sweepstakes, and Games

Any sweepstakes, contests, or games (each a “Game”) accessible through the Site will be governed by specific rules. You will be subject to these rules if you choose to participate. Please read the Games rules carefully, together with our Privacy Notice.

F. Reporting a Problem or Inaccuracy

The Site may contain inaccuracies, errors, or materials violating these Terms. We do not guarantee completeness or correctness. To report concerns, email [email protected] with a description of the material, its location (URL), and your contact information. We will address concerns as reasonably practicable but disclaim liability for any failure to correct specific problems or inaccuracies.

5. Product Information and Customer Responsibilities

Product Selection Responsibility You are solely responsible for reviewing all product information and determining the selection and suitability of MITER products for your intended purpose. We reserve the right to update product information, descriptions, guidelines, and specifications at any time. Check the Site periodically for updates.
Product Changes If material product information changes occur after you place an order but before installation or use, you should inquire if you can return the product and/or request a refund, in accordance with our Business Partners’ return policies.

6. Third-Party Sites & Services; Links

Third-Party Services and External Links The Site may allow you to access or interact with other parties’ applications or websites (“Third-Party Services” or “External Links”). By connecting to Third-Party Services or External Links, you agree that we may exchange information and data with them consistent with our Privacy Notice. We do not control or endorse such Third-Party Services or External Links, are not responsible for their accuracy, integrity, quality, or legality, have no obligation to monitor them, and may block or disable access to them at any time. YOU AGREE THAT YOUR USE OF THIRD-PARTY SERVICES OR EXTERNAL LINKS IS AT YOUR OWN RISK, AND SUBJECT TO ANY TERMS, CONDITIONS, AND POLICIES THAT MAY BE SET BY SUCH THIRD PARTIES.
Links to this SiteTo link to our Site, you must: (i) use text-only links labeled “MITER Brands Web Site”; (ii) link directly to the URL of our branded website; (iii) display our Site full-screen, not within frames; (iv) not imply endorsement or association, and (v) not damage our goodwill. We may revoke linking consent at any time, requiring immediate link removal. Linking to our Site constitutes agreement with these Terms.

7. Disclaimer of Warranties; Limitations on Liability; Indemnity

Disclaimer TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE THE SITE “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR USE OF THE SITE AND CONTENT.
Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR PARENT, SUBSIDIARIES, AFFILIATES AND LICENSORS, BUSINESS PARTNERS AND OUR AND THEIR RESPECTIVE PERSONNEL, INCLUDING OUR AND THEIR RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES (collectively “MITER Parties”) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS OR GOODWILL), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR CONTENT, INCLUDING ANY THIRD-PARTY SERVICES, EXTERNAL SITES, OTHER LINKED SITE OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SITE OR CONTENT, EVEN IF ONE OR MORE MITER PARTIES HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT OR ANY THIRD-PARTY SERVICES, EXTERNAL LINKS, OR OTHER LINKED SITE IS TO STOP USING THE SITE, CONTENT, THIRD-PARTY SERVICES, EXTERNAL LINKS, OR OTHER LINKED SITE AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ALL MITER PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE LESSER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
Indemnification You agree to defend, indemnify, and hold harmless the MITER Parties from and against any and all damages, claims, liabilities and costs arising directly or indirectly from (i) your use of this Site or violation of any Terms; (ii) any allegation that materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other proprietary or other rights of any third party; (iii) your activities in connection with the Site; and/or (iv) your actual or alleged violation of applicable law. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

8. Dispute Resolution

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS:

Mandatory Arbitration YOU AGREE THAT ANY DISPUTE RELATING DIRECTLY OR INDIRECTLY TO THESE TERMS OR YOUR USE OF THE SITE OR THE RELATIONSHIP BETWEEN MITER PARTIES AND YOU, WHICH CANNOT BE RESOLVED AMICABLY, SHALL BE RESOLVED THROUGH FINAL, BINDING, AND INDIVIDUAL ARBITRATION.
State-Based Exception IF YOUR STATE GIVES YOU THE RIGHT TO OPT OUT OF THESE ARBITRATION TERMS, YOU MAY DO SO BY EMAILING [email protected] WITHIN 30 DAYS OF AGREEING TO THESE TERMS OR CHANGES TO THESE TERMS, OR BY TIMELY EXERCISING SUCH OTHER PROCEDURE AS YOUR STATE PROVIDES.
Informal Dispute Resolution Before filing a claim against a MITER Party, you agree to try to resolve the dispute informally by sending us notice at [email protected] of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process.
Arbitration Forum Arbitration will be conducted by the American Arbitration Association pursuant to its then-current rules for arbitration. It may be held by telephone, based on written submissions, video conference, or in person at a mutually agreed location or (failing agreement) in Dauphin County, Pennsylvania. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Section, provided however that the arbitrator shall have no authority to award any relief or provide any procedure which is not permitted under these Terms. Either party may commence the arbitration process. The parties will pay equal shares of the arbitrator’s fees. If the arbitrator finds that you cannot afford to pay the arbitration fees and cannot obtain a waiver, we will pay them for you.
Time Limitation Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises or it is permanently barred.
Exceptions This arbitration clause does not require arbitration of: (i) individual claims brought in small claims court; (ii) injunctive or other equitable relief to stop unauthorized use, abuse, or infringement of the Site, Content, or intellectual property; or (iii) other preliminary or emergency relief which may be required before an arbitrator is available.
NO CLASS ACTIONS OR JURY TRIALS EXCEPT WHERE PROHIBITED BY LAW, YOU AND MITER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY JOINT OR CLASS ACTION LAWSUIT (EXCEPT THAT ONE OR MORE MITER PARTIES MAY PARTICIPATE). YOU AND MITER EXPRESSLY WAIVE ANY RIGHT EACH MAY HAVE TO BRING OR PARTICIPATE IN A CLAIM AS A CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING AGAINST ANY MITER PARTY. THIS DOES NOT PREVENT EITHER PARTY FROM PARTICIPATING IN A CLASS-WIDE SETTLEMENT OF CLAIMS. FURTHER, EXCEPT WHERE PROHIBITED BY LAW, YOU AND MITER AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE OR CLAIM.
Severability If any part of this “Dispute Resolution” section is found to be illegal, void, or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this “Dispute Resolution” section shall be unenforceable in its entirety except subsection 8.E. which can stand alone.

9. Term and Termination

These Terms take effect when you first access and use the Site and shall remain in effect until modified or terminated by us. We may terminate these Terms and your access to the Site for material breach if you fail to cure such breach within ten (10) days after receiving written notice, immediately and without notice if we reasonably believe continued access poses risks to the security, integrity, or proper operation of the Site or to the safety of other users, for repeated violations of these Terms even if individual violations are not material, if your use involves or facilitates unlawful activity, or for any other reason with thirty (30) days’ prior written notice. You may terminate these Terms at any time by discontinuing use of the Site and, if applicable, closing your account through the account settings or by contacting us. Upon termination, your right to access and use the Site will cease immediately. You remain liable for all obligations incurred prior to termination. The following provisions will survive termination: Section 4.B. Proprietary Rights, Section 7 Disclaimer of Warranties; Limitations on Liability; Indemnity, Section 8. Dispute Resolution, Section 10.C. Jurisdiction, Venue and Choice of Law, and any other provisions that by their nature or stated terms should survive. We reserve the right to seek all remedies available at law or in equity for violations of these Terms, and our failure to enforce any provision does not waive our right to enforce it later.

10. Miscellaneous

Definitions “MITER,” “we,” “us,” or “our” refer to MITER Brands and/or one or more of its Affiliated Entities. “You” or “your” refer to the Site user and any entity you represent. “Including” means “including but not limited to.”
Changes to Terms or Site We may change these Terms or the Site at any time without prior notice, except that material changes negatively impacting your use or Site discontinuation will receive reasonable advance notice when required (excluding urgent situations involving abuse prevention, legal requirements, or security issues). Only our authorized representative may modify these Terms in a signed writing. Your continued use after changes constitutes acceptance. Notices may be posted on the Site, emailed, mailed, or delivered by other means at our discretion.
Jurisdiction, Venue and Choice of Law These Terms are governed by Delaware and United States law, excluding Delaware’s conflicts of law rules. Except as provided in the “Dispute Resolution” section, all claims must be brought exclusively in state or federal courts in New Castle County, Delaware. You consent to personal jurisdiction and waive any jurisdictional, venue, or inconvenient forum objections.
Notice for California Users If you are a California resident, under California Civil Code Section 1789.3, you are entitled to file grievances and complaints in writing to The California Department of Consumer Affairs, Complaint Assistance Unit, 400 R Street, Suite 1080, Sacramento, CA 95814; or by telephone (916) 445-1254, or (800) 952-5210; or by email at [email protected] .
Entire Agreement; Miscellaneous Provisions These Terms constitute the entire agreement regarding Site use. If any provision is illegal, void, or unenforceable, it will be severed without affecting remaining provisions. Our failure to enforce any provision is not a waiver. You may not assign your rights under these Terms without our written consent; we may assign our rights without restriction. Printed versions of these Terms and electronic notices are admissible in legal proceedings to the same extent as other business documents.