YOUR USE OF THIS SITE
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SWF, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. SWF authorizes you to view and download the materials at this Site only for your personal and internal business use (including use directly associated with the sales and marketing of SWF products), subject to these Terms. Use, duplication or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
You agree to retain on any copies all copyright and other proprietary notices associated with any original materials that you download or use from this site. You may not modify the materials on this site in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or external business purpose, except as set forth above. Any product, process or technology described in these materials may be the subject of other intellectual property rights (including patent rights) reserved by SWF and are not licensed for any purpose hereunder. Any software ("Software") that is made available to download from this site is the copyrighted work of SWF and/or its suppliers, and any reproduction, redistribution, or use of such Software shall be governed by the terms of the end-user license agreement, if any, that accompanies or is included with the Software. Unless expressly provided for in such end-user license agreement, reproduction of the Software for purposes of redistribution or for other than personal or internal business use is expressly prohibited. Further, you agree:
a. Not to copy, reproduce, distribute, publish, display, perform, modify, or create derivative works from the Site. Without limiting the generality of the foregoing, you may not distribute any part of the Site over any network, nor sell or offer it for sale. You may not copy, decompile, reverse-engineer, disassemble, modify, or create derivative works of the Site. Open Source software used in the Site is provided in accordance with the terms of the applicable Open Source Software license, and SWF is not a party to the same. We reserve all rights that are not specifically granted to you.
b. That you are expressly prohibited from presenting the Site in a setting created by you or a third party (e.g., through framing), particularly (but not exclusively) where that setting includes advertising or other materials that we have not authorized to be displayed with the Site.
Registered and common law trademarks and service marks of SWF, including without limitation Springs Window Fashions, Graber and Bali, and the Springs Window Fashions, Graber and Bali logos (and any other marks or logos marked "®" or "™" on the site), may not be copied or used in any manner without written authorization from SWF.
Do not send confidential or proprietary information to SWF through the site. Any material, information or other communications you voluntarily transmit, post or otherwise submit electronically to or through this site ("Submissions") will be deemed non-confidential. By sending SWF your Submissions, you grant SWF an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Submissions, and you grant SWF has the right to use any ideas, concepts, know-how or techniques contained in or suggested by the Submissions for any purpose, including but not limited to the development, manufacturing and marketing of products and processes. You are prohibited from posting or transmitting to or from this Site any material that is defamatory, knowingly false, threatening, obscene, profane, or that would otherwise give rise to civil or criminal liability.
For your convenience, this Site may contain links to third party sites that SWF does not own or maintain. With respect to those sites, SWF assumes no liability and does not endorse or make any representations about any information, products or services associated with those sites or any results that may be obtained from using such sites. Your access and use of such third party sites, and use of any information obtained as a result of that access, is at your sole risk.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; SO, IN THOSE JURISDICTIONS ONLY THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
CHANGES TO THIS SITE
SWF may make changes to the site and the information contained within it or any Site-related service at any time without notice. Some information and Site-related services may be out of date or contain inaccuracies or errors. SWF makes no guarantees whatsoever as to the correctness or accuracy of the site or the information presented on or through the site and makes no commitment to update or correct the information obtained through or presented on this site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local SWF business contact for information regarding the products, programs and services that may be available to you.
LIMITATIONS OF LIABILITY
SWF IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN OR ACCESSED THROUGH THE SITE, EVEN IF SWF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
You agree to defend, indemnify, and hold harmless SWF, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, your use of the Site's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.
WAIVER OF CLASS ACTION RIGHTS AND/OR CLAIMS
You agree that to the extent you have or believe that you have any claims against us relating to your use or our provision of the Site, you will bring those claims in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and SWF agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative class proceeding.
CONTROLLING LAW, JURISDICTION, AND VENUE
any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
No waiver by SWF of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SWF to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
a. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
b. Terminate or suspend your access to all or part of the Site for any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS SWF AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SWF DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE SWF OR LAW ENFORCEMENT AUTHORITIES.
You can contact us about questions relating to these Terms at:
Springs Window Fashions
7549 Graber Road
REVISIONS TO THE TERMS
Last Revised: 04/01/2019