Last Updated: July 20, 2017
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.
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.
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.
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.
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.
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.
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@example.com with the subject line “Website Termination Request”.
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.
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.
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.
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.
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.
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.