Terms and Conditions of Use
This Terms of Service was last updated on January 28, 2013.
Content
The text, graphics, user interfaces, photographs, logos, arrangement, computer code, and all other material on the Site (collectively, “Content”) are copyrights, trademarks, trade names or other intellectual property owned, controlled or licensed by or to Universal Windows & Doors, and are protected by intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without the express written consent of Universal Windows & Doors.
Your use of the site
As long as you comply with these Terms of Use, Universal Windows & Doors grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. You may not use the Site (a) to transmit, distribute, store or destroy material in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) to transmit, distribute or store material that is defamatory, obscene, threatening, abusive or hateful. The Site may not be used for any illegal purpose or in any manner that would subject Universal Windows & Doors or any of the Site’s users to liability. You may not use any engine, software, tool, agent, device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) or any similar or equivalent manual process, to navigate the Site, other than the search engine and search agent available from Universal Windows & Doors on the Site and other than generally commercially available third party web browsers. You may not attempt to gain any unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Universal Windows & Doors server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Universal Windows & Doors, including any Universal Windows & Doors account not owned by you, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or Universal Windows & Doors’s systems or networks, or any systems or networks connected to the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not disguise the origin of any message or transmittal you send to Universal Windows & Doors on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. Universal Windows & Doors reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, (b) to modify or change the Site or any portion of the Site, and any applicable policies or terms; (c) to interrupt the operation of the Site, or any portion of the Site, as necessary.
Submissions to Universal Windows & Doors and Affiliated Servers
If you post, upload or make available to the Site, or otherwise submit to Universal Windows & Doors in connection with your use of the Site, any Content, you hereby grant to Universal Windows & Doors a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, comment on, modify, create derivative works based upon, and otherwise exploit such Content and your name, image, voice, likeness and/or other biographical information or material in connection with that Content in all media formats, without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of permission from or payment to you or other person or entity. You waive any right to inspect or approve any such Content or any use of such Content
Rentals and Purchases; Other Terms and Conditions
Additional terms and conditions may apply to the rental or purchase of goods and services and to specific portions or features of the Site, including promotions, contests, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Universal Windows & Doors may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to the products and services may be out of date, and Universal Windows & Doors makes no commitment to update the materials on the Site with respect to such products or services. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords & Security
Certain features or services offered on or through the Site may require you to open an Account. You are entirely responsible for maintaining the confidentiality of the information pertaining to your account, including your password. You agree to notify Universal Windows & Doors immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Universal Windows & Doors or any other user of the Site due to someone else using your Universal Windows & Doors user name, password or account as a result of your failing to keep your account information secure and confidential.
Privacy
Universal Windows & Doors’s Privacy Policy applies to this Site, and its terms are expressly made a part of these Terms of Use by this reference. To view Universal Windows & Doors’s Privacy Policy, click here. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites
The Site may contain links to other independent third-party websites (Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Universal Windows & Doors’s control, and Universal Windows & Doors is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers and limitaions of Liability
The Site and its contents are delivered on an “as-is” and “as available” basis only, without any warranties of any nature. Universal Windows & Doors makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this site or the information, content, materials or products included on this site. You expressly agree that your use of the site is at your sole risk. to the full extent permissible by applicable law, Universal Windows & Doors disclaims all warranties, express or implied, including without limitation, any warranties of accuracy, merchantability and fitness for a particular purpose. Universal Windows & Doors does not warrant that the site, its servers or email sent from the site are free of viruses or other harmful components. Universal Windows & Doors will not be liable for any damages of any kind arising from the use of the site, including but not limited to direct, indirect, incidential, punitive and consequential damages, even if Universal Windows & Doors has been advised of the possibility of such damages. Universal Windows & Doors disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of this Site and/or Universal Windows & Doors services. You assume total responsibility for your use of the Site and any Linked Sites. Your sole remedy against Universal Windows & Doors for dissatisfaction with the Site or any content is to stop using the Site or any such content. This limitation of liability is part of the bargain between the parties.
Indemnity
You agree to indemnify and hold Universal Windows & Doors, its officers, directors, shareholders, successors in interest, employees, agents and subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorney fees), made against Universal Windows & Doors by any third party due to or arising out of or in connection with your use of the Site.
Violations of These Terms of Use
Universal Windows & Doors may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with an investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with Universal Windows & Doors’s rights or property, or the rights or property of visitors to or users of the Site. Universal Windows & Doors reserves the right at all times to disclose any information that Universal Windows & Doors deems reasonably necessary to (a) comply with any applicable law, legal process, or government request, (b) enforce these Terms of Use, (c) respond to claims or protect the rights of others, (d) protect the rights, property or personal safety of Universal Windows & Doors, its employees, users of or visitors to the Site. Universal Windows & Doors may also disclose your information when it determines that applicable law permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. Universal Windows & Doors may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. Any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Universal Windows & Doors, for which monetary damages would be inadequate, and you consent to Universal Windows & Doors obtaining any injunctive or equitable relief that it deems necessary or appropriate in such circumstances. These remedies are in addition to any other Universal Windows & Doors may have at law or in equity. If Universal Windows & Doors does take any legal action against you as a result of your violation of these Terms of Use, Universal Windows & Doors will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to other relief granted to Universal Windows & Doors.
Governing Law; Dispute Resolution
The Site, including without limitation, these Terms of Use and the Privacy Policy, shall be construed and enforced in accordance with the laws of the State of Florida. Venue for any dispute regarding anything contained within and/or resulting from access to the Site shall lie exclusively in the County of Los Angeles. If any of the provisions of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of any remaining provision. These Terms of Use constitute the entire agreement between you and Universal Windows & Doors with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Universal Windows & Doors with respect to such use are hereby superseded and canceled. Universal Windows & Doors will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Universal Windows & Doors’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Universal Windows & Doors of any provision or right it has to enforce these Terms of Use, nor shall any course of conduct between Universal Windows & Doors and you or any other party be deemed to modify any provision of these terms of Use. These Terms of Use shall not be interpreted or construed to confer rights or remedies on any third parties. Universal Windows & Doors makes no representation that information on the Site is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.