Website Terms And Conditions Of Use
WEBSITE TERMS AND CONDITIONS OF USE
The following terms and conditions (“Terms and Conditions”) govern your access to and use of this website (the “Site”), and any associated Content (as defined below) and Software (as defined below). W&W Glass, LLC (“W&W”) may revise these Terms and Conditions at any time by updating this posting. Additionally, W&W may require you to abide by additional terms and conditions in order to obtain and use certain CAD drawings and specifications that W&W may make available to you through the Site. PLEASE READ THE TERMS AND CONDITIONS HEREIN CAREFULLY BEFORE USING OR PROCEEDING TO ACCESS THE SITE. BY ACCESSING AND USING THE SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE. As used, in these Terms and Conditions, “you” or “User” means any user or visitor of the Site and “W&W,” “we” or “us” means W&W Glass, LLC and its affiliates.
The Site, Software and Content, including without limitation, the trademarks, logos and service marks (“Marks”) displayed on the Site are the property of W&W and other parties. Users are prohibited from using any Content, including without limitation, Marks for any purpose without the written permission of W&W or such third party which may own Content, including, without limitation, Marks. All information, materials and content including, without limitation, any Marks, text, photographs (including, without limitation, the projects, materials, designs and details presented in such photographs), audio, video, illustrations (including, without limitation, the projects, materials, designs and details presented in such illustrations), CAD drawings, and specifications (collectively, “Content”) made available by W&W and/or other third parties on or through the Site and all software and code (“Software”) made available by W&W and/or other third parties on or through the Site, is protected by copyright and is the property of W&W and/or other parties. You acknowledge that W&W and/or other parties retain exclusive proprietary rights in all Content and Software. You are prohibited from modifying, disassembling, reverse engineering, creating derivative works of, downloading, copying, distributing, or redistributing (including by caching, framing or similar means), transmitting, selling, retransmitting, reselling, displaying, publishing, selling or licensing any Content or Software or otherwise making it available in any manner to any third party; provided, however, that (i) you may use the CAD drawings and specifications that we may provide to you through the Site solely and expressly in accordance with the terms and conditions that are applicable to such use as we advise you; and (ii) you may include links in your social media to our blog, solely and expressly for lawful and moral (and non-defamatory) purposes in accordance with all applicable international, federal, state and local laws, rules and regulations and terms and conditions of social media and hosting sites.
Restrictions on Use of Site
Your access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. You may only use the Site, including any Content and Software for your personal use as and to the extent permitted under these Terms and Conditions and not for commercial, public or any other purpose. You shall not use or permit anyone to use Content or Software for any unlawful or unauthorized purpose (including without limitation, to transmit spam, viruses or other unlawful or harmful messages, codes, or files) and you are not authorized or permitted to furnish any Content or Software to any person or firm for reuse or retransmission without prior written approval of W&W and any other source of such Content or Software.
Content on the Site is provided for informational purposes only. Content is believed to be reliable, but we do not warrant the accuracy, completeness, or timeliness of Content. The projects, materials, designs, drawings and details depicted on the Site and in the Content include, among other things, proprietary architectural and engineering drawings, designs and systems. Copying and reuse is prohibited without express written permission by W&W and all parties that have proprietary interests therein. Additionally, copying and reuse may be dangerous and unlawful for reasons beyond infringement. Proper evaluation of applicable building codes, structural engineering requirements and building and environmental design conditions and requirements is critical. You acknowledge and agree that there may be defect(s) in Content. IN NO EVENT SHALL W&W OR OTHER THIRD PARTIES (OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) BE LIABLE FOR THE INACCURACY OR INCOMPLETENESS OF CONTENT OR FOR DELAYS, INTERRUPTIONS OR OMISSIONS THEREIN. The Site and its Content and Software are subject to change without notice.
CAD Drawings and Specifications
You hereby acknowledge and agree that the Terms and Conditions set forth on the Site are applicable to your access to, and use of, the CAD drawings and specifications that W&W may make available to you through the Site, and that such drawings and specifications are “Content.” You hereby confirm that you are agreeing to be bound by the Terms and Conditions, including, without limitation, those that relate to proprietary rights to Content, restrictions on use of Content, defects in Content and no warranties with respect to Content. You hereby further confirm your indemnification of W&W and Pilkington™ Architectural, and limitations on the liability of W&W, Pilkington™ Architectural and other providers of Content. You hereby acknowledge and agree that you will only use the CAD drawings and specifications for purposes of preparing preliminary design drawings that specify Pilkington™ Planar or Pilkington™ Architectural products and systems and only in connection with work involving, and constructed by, W&W. You hereby further acknowledge and agree:
(i) the CAD drawings and specifications are the property, design and copyright of Pilkington™ Architectural;
(ii) information and details regarding the CAD drawings are to be treated confidentially by you, and you will not disclose, copy, circulate or use the CAD drawings or specifications for any purpose other than as expressly provided above;
(iii) You will ensure that (a) the CAD drawings and specifications are treated by others as the proprietary design and copyright of Pilkington™ Architectural, and (b) the CAD drawings are treated confidentially;
(iv) You are authorized to agree to the foregoing and to accept the Terms and Conditions (as well as the foregoing provisions) on behalf of yourself as well as your company/employer; and
(v) the information submitted to W&W by you through the Site is accurate and complete.
No Warranties; No Liability; Limitations
NEITHER W&W NOR ANY THIRD PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLED, AS TO MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY, PERFORMANCE, RESULTS TO BE ATTAINED, OR FITNESS OF A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT THERE ARE NO EXPRESS OR IMPLIED WARANTIES OF ANY KIND AND THAT THE SITE, CONTENT, AND SOFTWARE AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS SUBJECT TO THESE TERMS AND CONDITIONS, AND THAT YOUR USE OF THE SITE, CONTENT AND SOFTWARE IS AT YOUR OWN RISK.
IN NO EVENT WILL W&W OR ANY THIRD PARTY PROVIDING CONTENT OR SOFTWARE TO THE SITE BE LIABLE TO ANY PARTY FOR ANY DAMAGES ARISING OUT OF, OR RELATING TO, USE OF THE SITE, CONTENT OR SOFTWARE, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOST BUSINESS, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF W&W OR ANY THIRD PARTY PROVIDING CONTENT OR SOFTWARE TO THE SITE WAS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold W&W and any third party providing Content or Software to the Site and each of their respective parents, subsidiaries, affiliates, and their respective officers, directors, employees and agents harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of (i) your use of the Site, Content or Software, (ii) the violation of these Terms and Conditions by you, or (iii) the infringement by you of any intellectual property or other right of any person or entity.
Modification of Terms and Conditions
W&W reserves the right, in its sole discretion, to modify, alter, or otherwise revise these Terms and Conditions at any time by posting such modified versions on the Site. You agree to monitor regularly the Terms and Conditions as they appear on the Site. Should you object to any modifications to the Terms and Conditions or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Your continued use of the Site after the posting of any modified versions shall constitute your agreement to be bound by the modified Terms and Conditions.
You agree that your participation in the Site is voluntary, personal, non-transferable and subject to your compliance with these Terms and Conditions. W&W may, in its sole discretion, without advance notice, discontinue the Site. IN NO EVENT SHALL W&W OR ANY THIRD PARTY PROVIDING CONTENT OR SOFTWARE TO THE SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR TERMINATION OF THE SITE.
You acknowledge and agree that any unauthorized use or disclosure by you of the Site or its Content or any infringement or violation of W&W’s or other third party’s intellectual property rights, shall cause such party irreparable injury for which such party could not be fully compensated by money damages. You agree that, in the event of such a violation, such party would be entitled to seek and recover (in addition to any other available remedies) preliminary, temporary and permanent injunctive relief without the necessity of posting bond or security, and further that such party would be entitled to recover from you its attorneys’ fees and costs incurred in seeking and obtaining such relief.
If and when we collect information on web pages visitors’ access or visits, this information is aggregated to measure number of visits, average time spent on the Site, pages viewed, etc. W&W uses this information to measure usage and improve the Site. There are times W&W also collects information (via online forms and prompts that you complete) for the purpose of attracting and communicating with customers, vendors and other interested parties and to fulfill your request for information, CAD designs, newsletters, etc. If you tell us that the information should not be used as a basis for further communications with you, we will respect your request. While W&W may share such information with its employees, agents, representatives, and business associates, W&W will not sell or provide this information to any third party unless you request that we do so or as required by law. You agree to provide us only with accurate information. If you provide us with information via the Site, it may be tied to the web pages you visit.
Additionally, W&W may use cookie technology to help personalize your experience on the Site. A cookie is a small file that is sent to your computer by a site’s server. A cookie can be a record of your visit to a site, including information such as your time of last visit, web pages viewed, etc. A cookie created by one site’s servers can be retrieved only by that site’s servers.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but browser settings can usually be modified to decline all cookies, or to notify the user each time a cookie is sent and permit cookies to be accepted or declined on an individual basis. If you choose to decline cookies, you may need to resubmit information to us in order to access CAD designs.
Unfortunately, no data transmission over the Internet, nor any data W&W collects or stores, can be guaranteed to be 100% secure. As a result, while W&W strives to protect your personal information, W&W cannot guarantee the security of any information exchanged between us.
The Site may include hyperlinks to web sites owned or operated by unaffiliated third parties. W&W is not responsible for the content or availability of such other web sites, and shall be not responsible or liable for any loss, damage, liability, or expense incurred in connection with use of, or reliance on, such sites.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. You agree that by accepting these Terms and Conditions and accessing and/or using the Site, you are transacting business in the State of New York, and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms and Conditions or in connection with the Site shall be commenced and maintained in a court of competent subject matter jurisdiction within the State and County of New York, and you consent to personal jurisdiction and venue in any such court and agree that such courts have exclusive jurisdiction and venue with respect to any and all matters arising, directly or indirectly from your access to and use of the site and/or any matter relating to these Terms and Conditions; provided that W&W may seek temporary, preliminary and permanent injunctive relief or other equitable remedies in any court having jurisdiction over you and further provided that we may enforce an order or judgment of a State or Federal Court of New York (including any appellate courts in any other court having jurisdiction over you). In the event it is held that jurisdiction or venue is lacking in the courts of the State and County of New York, an action then may be commenced in any other court having proper jurisdiction under applicable statutes and court rules.
Feedback About Our Website
W&W welcomes receiving feedback about the Site, our products and services. Please send us your comments via email to firstname.lastname@example.org The content of any comments, suggestions, questions, information, and feedback received by W&W shall be deemed non-confidential. Any comments or materials sent to W&W through the Site, including all feedback, questions, comments, and suggestions shall become the sole property of W&W and W&W may use any such feedback for any and all purposes without any compensation to you.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Any cause of action regarding these Terms and Conditions or your use of the Site, Content, or Software must be brought within one year of when the alleged incident or breach occurred. The failure to timely bring any such claim shall constitute a bar to asserting such claim. The section titles in these Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance.
W&W Glass, LLC claims a copyright to Content and Software on this Site. You may use the Content and Software only for personal informational purposes. If you wish to use Content and Software for any other purposes, you must have the express written consent of W&W to do so. All rights reserved. Copyright 2017.©
Last Modified September 21, 2017.
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