|1stWindows.com Terms of Service Agreement & Conditions of Sale|
All sales are final. Your credit card will be processed at the time of the order.
ARBITRATION OF DISPUTES
"Any controversy or claim arising out of or relating to this contract or breach thereof shall be settled by arbitration in accordance with the Uniform Rules for Better Business Bureau Arbitration, and the judgment upon the award rendered by the arbitrator's may be entered in any court having Jurisdiction thereof."
Shipping: Rates vary by manufacturer and are based upon a total order, not per window. If your order consists of two or more manufacturer's products, each manufacturer's current shipping rate would be applied to the order. Click here to see current manufacturers shipping rates.
Tax: All purchases within California will be subject to a sales tax of 8%. For all purchases outside of California, the contractor is required to pay all local and state taxes.
Accurate Information: As further consideration for the 1stwindows.com membership, you agree to: (1) provide certain current, complete and accurate information about you as required by the application process; and (2) maintain and update this information as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services.
This Agreement describes your responsibilities and limits our liability, among other things. Please read it carefully before submitting a registration form or using the 1stwindows.com Web site.
ACCEPTANCE OF TERMS
This Agreement is void where prohibited by law, and the right to access the Site and Materials is revoked in such jurisdictions.
LIMITED COPYRIGHT LICENSE
The Materials and Services on this Site, including, but not limited to, the compilation of all content, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, 1stwindows and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Materials and Services.
Except as expressly permitted herein, no portion of the Materials on this Site may be reproduced in any form or by any means without the prior written permission of 1stwindows.
Use of Site Information. Except as otherwise indicated elsewhere on this Site, you may view, download, and print the documents and information available on this Site subject to the following conditions:
- The documents and information may be used solely for personal, informational, and internal purposes.
- Except as expressly permitted, the documents and information may not be modified or altered in any way.
- Except as expressly permitted, the documents and information on the Site may not be distributed.
- You may not remove any copyright, trademark or other proprietary notices contained in the documents and information.
- 1stwindows reserves the right to revoke the authorization to view, download, and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from 1stwindows.
- The rights granted to you constitute a limited license and not a transfer of title.
- The rights specified above to view, download, and print the documents and information available on this Site are not a right to copy the design, layout, or look and feel of the Site apart from the uses permitted herein. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. You agree not to use any means to circumvent log in, password, and other protections 1stwindows puts in place to restrict access to certain parts of the Site.
REGISTRATION AND MEMBER INFORMATION
USE AND PROTECTION OF USERNAME AND PASSWORD
You are responsible for maintaining the confidentiality of your account Username and password. Strong passwords are encouraged. A strong password is one with upper and lower case letters and numbers. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If there is a breach of the confidentiality of a password or Username assigned to Member, or any breach of security through Member's account, then Member shall notify 1stwindows immediately by contacting 1stwindows at firstname.lastname@example.org.
USE BY MEMBERS
- 1stwindows does not sell Supplies and is not an agent or representative of either buyers or sellers. Rather, 1stwindows provides a platform whereby the buyer and seller may communicate, display information about seller's products or services (i.e.: prices, quotes, availability of Supplies, delivery dates, and related information), and place orders for Supplies.
- To the maximum extent permitted by law, Member waives any and all rights it may have against 1stwindows arising out of any purchase, sale, or other transaction Member enters into with any third party through the Site.
- This Site can be accessed from other countries around the world and may contain references to 1stwindows products, services, and programs that have not been announced in your country. These references do not imply that 1stwindows intends to announce such products, services, or programs in your country.
CONSENT TO AGGREGATE USE OF MEMBER INFORMATION
RELIABILITY OF MATERIALS AND SERVICES
Materials and Services available on or through the Site are routinely updated, and 1stwindows uses commercially reasonable efforts to ensure that such information is reliable and that Services are available. However, Member understands and acknowledges that 1stwindows does not control the posting or content of all the Materials, nor will it verify the timeliness or content of Materials. 1stwindows expressly disclaims any responsibility or liability for any third-party Materials or Services on the Site, or any third-party information or services available through a link from 1stwindows.com.
LINKS TO OTHER INTERNET WEB SITES
This Site contains links to third-party Web sites that are not under the control of 1stwindows. 1stwindows makes no representations whatsoever about any other Web site to which you may have access through this Site, including the Web sites of 1stwindows Associates. When you access a non-1stwindows Web site, you do so at your own risk and 1stwindows is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource. 1stwindows provides these links merely as a convenience and the inclusion of such links does not imply that 1stwindows endorses or accepts any responsibility for the content or uses of such Web sites.
Responsibility for Submissions. You are solely responsible for the content of any comments, information, questions, data, feedback, ideas, descriptions of processes, or other information submitted to 1stwindows through the Site. You may only submit to the Site, content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement. Violation of these restrictions may result in limitations on access by you to this Site.
TRYOUT PRODUCTS AND TRIAL AGREEMENTS
NOTIFICATION OF COPYRIGHT INFRINGEMENT
1stwindows will, in appropriate circumstances, terminate the accounts of Members involved in disputes regarding intellectual property rights and remove or disable access to related content. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide 1stwindows's Copyright Agent a Notice containing the following elements:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
- A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work (s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
- A description of where the material that you claim is infringing is located on the 1stwindows site.
- Information sufficient to permit 1stwindows to contact you, such as your physical address, telephone number, and email address.
- A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
- 1stwindows's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
1858 East 20th Street
Signal Hill, Ca 90755
By telephone: 1(562) 494 9069
By fax: 1(562) 494 2069
By email: email@example.com
THE COPYRIGHT AGENT SHOULD ONLY BE CONTACTED IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM THIS SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES. INQUIRIES ABOUT OTHER MATTERS SHOULD BE MADE BY SENDING EMAIL TO firstname.lastname@example.org
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF YOU AND 1STWINDOWS ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, 1STWINDOWS MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. 1STWINDOWS MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND 1STWINDOWS MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
1STWINDOWS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND/OR SERVICES OR FOR INFORMATION, MATERIALS, OR SERVICES OF THIRD PARTIES THAT ARE REFERENCED BY OR LINKED TO THIS SITE, INCLUDING THOSE OF 1STWINDOWS ASSOCIATES. REFERENCES TO OTHER COMPANIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL 1STWINDOWS OR ITS LICENSORS OR ASSOCIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT 1stwindows HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE, INCLUDING THOSE OF 1STWINDOWS ASSOCIATES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, IN NO EVENT WILL 1STWINDOWS LIABILITY FOR THE SUBJECT MATTER OF THIS AGREEMENT EXCEED TEN THOUSAND U.S. DOLLARS.
MEMBERS ACKNOWLEDGE THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS AGREEMENT IS A MATERIAL CONSIDERATION FOR 1stwindows ENTERING INTO THIS AGREEMENT.
TERM AND TERMINATION
Termination is in addition to all other legal or equitable remedies available to either party. Upon termination of this Agreement for any reason, Member shall cease to access or to use any information obtained through 1stwindows.com.
The limitations and disclaimers of warranties, and the indemnity obligations of Members, and the provisions of governing law, jurisdiction and venue, shall survive the Termination of this Agreement.
At 1stwindows's option and request, Member shall, at its own expense, indemnify, defend, and hold 1stwindows and its subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between Member and any third party, (b) based on or caused by unauthorized access to the Site through Member's account, (c) is based on facts or alleged facts that would constitute a breach of any of Member's representations, warranties, or covenants under this Agreement, or (d) arising out of a request for 1stwindows to remove or disable access to any Member Content in or on the Site. Member shall not enter into a settlement of the foregoing without 1stwindows's prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior approval from 1stwindows.
1stwindows's failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
1stwindows will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of cause beyond the reasonable control of 1stwindows including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by 1stwindows from its offices within the state of California, United States of America. By accessing this Site, you and 1stwindows agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Site and any Materials or Services. You and 1stwindows also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Southern District of California with respect to such matters. 1stwindows makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
ACCEPTABLE USE POLICY
You agree to not use 1stwindows.com to: impersonate any person or entity, including, but not limited to, a 1stwindows official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity, interfere with or disrupt 1stwindows.com or servers or networks connected to 1stwindows.com, or disobey any requirements, procedures, policies or regulations of networks connected to 1stwindows.com. "stalk" or otherwise harass another collect or store personal data about other users.
You also agree to not use 1stwindows.com to engage in commercial activities without enrolling in 1stwindows.com-approved affiliate programs. This includes, but is not limited to, the following activities:
- Offering for sale any products or services.
- Soliciting for advertisers or sponsors.
- Conducting raffles or contests that require any type of entry fee.
- Displaying a sponsorship banner of any kind.
- Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web sites.
ASSOCIATE AND THIRD PARTY TERMS AND CONDITIONS
The terms and conditions of third parties may apply to certain Materials or Services that users may access on the Site. The links below lead to these terms and conditions.
1STWINDOWS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT ANY DEFECT IN THE SERVICE WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. 1STWINDOWS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
1stwindows shall not be liable to Supplier or any third party should 1stwindows exercise its right to modify or discontinue the Service or any Supplier Account.
The limitations of liability and allocations of risk in this Agreement are a material consideration for 1stwindows's entry into this Agreement.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
This Agreement is governed by the laws of the State of California without regard to the conflict of laws provisions thereof. 1stwindows and Supplier agree to submit to the exclusive jurisdiction of the courts of the State of California. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover all costs and attorneys' fees.
Both parties agree that this Agreement constitutes the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing signed by both parties or via a click-on agreement provided to Supplier by 1stwindows, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect whatsoever. All notices under this Agreement will be in writing to the addresses set forth above (or such other address as designated by the parties from time to time, including in Supplier's registration information on Service) and will be deemed to have been duly given when received if personally delivered; when receipt is electronically confirmed if transmitted by facsimile or email; the day after it is sent if sent next day delivery by a recognized overnight delivery service; or upon receipt if sent by certified or registered mail, return receipt requested.
The section titles used in this Agreement are solely for convenience and have no legal or contractual significance.