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Website Terms of Use

INTRODUCTION

This website 1stwindows is operated by California Distribution Center, Inc. dba 1stwindows. (“1stwindows” “our website” or “the website”). The terms “we”, “us”, and “our” refer to 1stwindows. 1stwindows makes available to you on our website information, documents, images, software and products (collectively, the “Materials”) and various services operated by 1stwindows (collectively, the “Services”). The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”) at our sole discretion. The Terms are to be read together by you with any guidelines, rules, terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully as your access or use of our website, which includes your access to or use of any of the Services, is your acceptance and agreement to be bound by the Terms. Your use of our website or any other service we provide that incorporates the Terms is subject to the most current version of the Terms posted on our website at the time of such use. In addition, when using particular Services or Materials on our website, or entering sections of our website for Members (defined herein), you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms, our Privacy Policy, and our Sales and Service Agreement Terms and Conditions of Sale. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website's services or place an order on our website.

If you breach any of the Terms, your authorization to use our website automatically terminates and you must immediately destroy any Materials downloaded or printed from our website

This Agreement describes your responsibilities and limits our liability, among other things. Please read it carefully before submitting a registration form or using our website. This Agreement is void where prohibited by law, and the right to access our website and Materials is revoked in such jurisdictions.

USE OF OUR WEBSITE

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state of residence and are legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law including the uploading of malicious software. You agree to not use our website to send or receive any advertising, soliciting, or promotional material. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems or to overburden, harm, or interfere with our website.

You agree to provide us with accurate, current, and complete personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to maintain and promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to our website, including terminating, changing, suspending or discontinuing any aspect of our website, including any Services or Materials, at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

We do not guarantee the availability, accuracy, completeness or usefulness of any information provided on our website. We disclaim any liability arising from your reliance upon such information provided on our website by you or any other person who has access to such information. We disclaim any liability arising from your reliance upon any information provided on our website by any supplier or third-party provider including any statements or opinions provided in such information.

LIMITATION OF LIABILITY

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

1stwindows shall not be liable to any 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’ entry into this Agreement.

PRODUCTS OR SERVICES

All purchases through our website are subject to product availability and are further subject to the Sales and Service Agreement Terms and Conditions of Sale. We may, at our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in United States dollars.

We reserve the right, at our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We do not guarantee the accuracy of the color or design of the products on our website. We have made efforts to ensure the color and design of our products are displayed as accurately as possible on our website.

REGISTRATION AND MEMBER INFORMATION

Certain portions of our website are only available to individuals and entities that have become registered members of 1stwindows (“Members”) as described in the Terms. The Services or Materials available to Members may include services provided by 1stwindows and by third parties (“Associates”). To become a Member of 1stwindows you must submit a complete 1stwindows registration form. By submitting a registration form, you represent and warrant (a) that you are 18 years of age or over; (b) you personally are signing up as a Member, or that you are signing up as a Member on behalf of an entity you have identified in the registration form and are authorized to sign for and bind that entity; and (c) the information on the registration form is current, complete, and accurate. Member must update registration information to ensure that it continues to be current, complete, and accurate. 1stwindows reserves the right to accept or reject Member registrations for 1stwindows. 1stwindows may also display entity names as part of the registration process to facilitate an individual registrant’s affiliation with the correct entity. You consent to such use.

Upon acceptance of Member's registration form, 1stwindows shall provide to Member a Username and password. Upon Member's receipt of that Username and password, 1stwindows authorizes Member to access and use our website subject to the Terms.

All Member information is stored on servers designed to prevent the loss, misuse, unauthorized access, disclosure, alteration or destruction of that information. and is subject to the Privacy Policy.

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, numbers, and special characters. 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 [email protected]. We reserve the right to block any User at any time in our sole discretion if you have failed to comply with the Terms.

USE BY MEMBERS

Member may use our website in accordance with the Terms, including 1stwindows's “Acceptable Use Policy”, which is discussed herein. Member shall use our website only for the direct benefit of Member's internal business operations, and shall not resell project management, hosting or any other services on behalf of any third parties. With respect to information available on our website, Member may (i) view that information, and (ii) print that information for use in accordance with this Agreement, so long as those copies are distributed only to Member's employees and so long as all copyright, trademark, and other proprietary rights notices are included on those copies. Except as specifically permitted above, Member shall not (i) reproduce or distribute any information available through our website, electronically or otherwise, or (ii) store or aggregate that information. Member shall not share, rent, or sublicense any of its rights under this Agreement to any other party.

Members use of our website for the solicitation of quotes, placement of purchase orders or similar documentation, and purchase of goods or services (collectively “Supplies”) provided by third parties are subject to the Terms. Members understand and acknowledge that:

  • 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. All sales contingent to manufacture being able to delivery to the job site address on the order. 1stwindows will verify the delivery address with the manufacturer when processing the order.

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 our website.

Our website 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

In order to make various features and functions of Services and Materials available to Members, 1stwindows may collect information about Member and Member's use of our website, including the information identified in the Privacy Policy (“Member Information”). Member acknowledges and agrees that 1stwindows's collection and use of Member Information and 1stwindows's operation and provision of our website is not a breach of Member's right of privacy, publicity, or any other right related to protection of personal data, whether in equity, law, contract, or otherwise. Member hereby waives any and all such claims or rights of action, whether foreseen or unforeseen, so long as the Member Information is collected, stored, and used in accordance with the Privacy Policy, or in the case of Members making use of Materials or Services provided by 1stwindows Associates, the privacy policy of such Associate.

LINKS TO AND FROM THIRD-PARTY WEBSITES

Links to websites outside our website, including advertisements and banner ads, are meant for convenience only and the inclusion of such links does not imply that we endorse or accept any responsibility for the content or uses of such websites. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we are 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; we are not be responsible or liable for any damages in connection with linking; and we are not liable 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. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

Links to our website from a third party website are meant for convenience only and the inclusion of such links does not imply that we endorse or accept any responsibility for the content or uses of such websites. Links to our website from a third party website that state or imply an association or endorsement of the third party website, without our written consent, is strictly prohibited.

TERM AND TERMINATION

This Agreement is effective as of the date you make use of our website, or, in the case of Materials and Services accessible only to Members, the date a Member receives a Username or password authorizing access to our website, and continues in force and effect until terminated in accordance with this Section or, in the case of a user that has not become a Member, immediately upon such users breach of any of the Terms. 1stwindows may terminate this Agreement effective upon written (or emailed) notice to Member if Member materially breaches any of the terms or conditions of the Terms that is not cured within ten (10) days after notice from 1stwindows. 1stwindows reserves the right to suspend access to and use of our website pending cure of a Member's breach. In addition, 1stwindows or a Member may terminate this Agreement, for any reason or for no reason, upon thirty (30) days notice to the other.

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 our website.

The limitations and disclaimers of warranties, and the indemnity obligations of Members, and the provisions of governing law, jurisdiction and venue, shall survive Termination.

LIMITED INTELLECTUAL PROPERTY RIGHTS LICENSE

The Materials and Services on our website, including, but not limited to, the compilation of all content, features, and functionality, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services on this website may violate such laws and the rights of the owners including 1stwindows, Suppliers, and third-party providers. Except as expressly provided herein, 1stwindows, Suppliers, and third-party providers 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 website may be reproduced in any form or by any means without the prior written permission of 1stwindows.

Use of Software. The software and accompanying documentation that are made available to download from our website are the copyrighted work of 1stwindows, Suppliers, and/or third-party providers. The Terms, any additional terms or end user license agreements that accompanies or is included with such software, or that are set out below govern use of the software. You will not be able to download or install any software that is accompanied by or includes an end-user license agreement unless you agree to the terms of such end-user license agreement. If you do not agree to such terms, you will not be able to use the software. You may not alter, reverse engineer, translate, disassemble, decompile, or otherwise attempt to derive source code to the Materials in whole or in part or otherwise reduce the software portion of Materials to any human perceivable form or to alter any files included with copies of the Materials delivered hereunder or to create any derivative work. Nothing contained in the Terms shall be interpreted so as to exclude or prejudice the rights (if any) of any end user expressly permitted to decompile under applicable law if it is essential to do so in order to achieve operability of the Materials with another software program, and you have first requested 1stwindows to provide the information necessary to achieve such operability and 1stwindows has not made such information available. 1stwindows has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by 1stwindows or obtained by you, as permitted hereunder, may not be disclosed to any third party or used to create any software or files that are substantially similar to the expression of the Materials. Requests for information should be directed to 1stwindows's Customer Care department

Use of Site Information. Except as otherwise indicated elsewhere on this website, you may view, download, and print the documents and information available on this website 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 our website may not be distributed.
  • You may not remove any patent, 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 the website 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 the website are not a right to copy the design, layout, or look and feel of the website apart from the uses permitted herein. Elements of the website 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 instituted by 1stwindows to restrict access to certain parts of the website.

Trademarks. The trademarks, service marks, and logos used and displayed on our website (“Our Trademarks”) may be registered and/or unregistered of 1stwindows, Suppliers, and third-party providers. No license or right to use Our Trademarks is granted to you, either through implication, estoppel, or otherwise unless we provide you prior written permission for each of Our Trademarks. All goodwill generated or associated from the use of Our Trademarks inures to the benefit of the owners of Our Trademarks.

RELIABILITY OF MATERIALS AND SERVICES

Materials and Services available on or through the website 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 our website, or any third-party information or services available through a link from our website.

TRYOUT PRODUCTS AND TRIAL AGREEMENTS

Some products or services available on or from our website may be tryout versions of products or products or services subject to a limited trial period. To the extent that any provision of this paragraph conflicts with any other provision of the Terms, this paragraph shall supersede such other terms with respect to the tryout or trial versions, but only to the extent necessary to resolve any conflict in terms. THE TRYOUT TRIAL VERSIONS OF PRODUCTS OR SERVICES MAY HAVE LIMITED FUNCTIONALITY AND/OR FUNCTION FOR A LIMITED PERIOD OF TIME AND SUCH VERSIONS ARE OFFERED ON AN "AS IS" BASIS AND SOLELY FOR DEMONSTRATION PURPOSES. If the product or service is offered for a limited time, then such product or service will terminate operation after a designated period of time (e.g. 10, 15, 30, or 60 days) following installation or commencement of service as specified in the appropriate license or service terms ("Time Out Date"). Upon the Time Out Date, the license or service agreement for such tryout or trial version will terminate and all rights to use the product or service will cease unless and until any fees or charges for the commercial version of such product or service is received by 1stwindows. After the Time Out Date any files, documents or other material created with such product or service, or stored on the website and accessible as part of such tryout or trial version shall no longer be accessible and any risk of loss for all work created or material stored shall be borne solely by the Member or user.

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 website or on sites linked to or from this website, 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 website.
  • 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:

By mail:
1stwindows.com, Inc.
2633 East 28 th Street Suite 610
Signal Hill, CA 90755

By telephone: 1(562) 494-9069

By fax: 1(562) 494-9069

By email: [email protected]

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 WEBSITE OR ON SITES LINKED TO FROM THIS WEBSITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES. INQUIRIES ABOUT OTHER MATTERS SHOULD BE MADE BY SENDING EMAIL TO [email protected].

USE COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

You acknowledge that you are solely responsible for the content of any comments, information, questions, data, feedback, ideas, descriptions of processes, or other information (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but not limited to, its legality and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that Content posted, distributed, or shared by you is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You are prohibited from posting or transmitting to or from our website 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. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to limit access or terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

Unsolicited Information. We do not want to receive unsolicited information from you through our website for the purpose of communicating to us any ideas or other information, including, but not limited to, product or service suggestions or enhancements, product or service names, advertising campaigns or marketing plans, technology or material, business methods, or any similar information. 1stwindows maintains this policy to prevent misunderstandings or disputes in the event it develops products or services that may seem similar to an unsolicited proposal. Any non-personal unsolicited information or material sent to us will be deemed NOT confidential, and by sending such unsolicited information you hereby grant 1stwindows an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that 1stwindows is free to use any ideas, concepts, know-how, or techniques that you send to us for any purpose. Personal information, such as names, address, telephone numbers, etc., will remain subject to the Privacy Policy.

YOUR PERSONAL INFORMATION

To learn about more about how we collect, use, and share your personal information, see other sections of the Terms and our Privacy Policy.

ERRORS AND OMISSIONS

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY

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, (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED, AND (vi) THAT ANY DEFECT IN THE SERVICE 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 (30) DAYS.

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. 1STWINDOWS MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, 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 WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO OR FROM THIS SITE, INCLUDING THOSE OF 1STWINDOWS ASSOCIATES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 1STWINDOWS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

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.

YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF OUR WEBSITE, WHICH IS PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA OUR WEBSITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, AND FUNCTIONS AND SERVICES PROVIDED ON OUR WEBSITE, ALL OF WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF CONTENT OR INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR WEBSITE OR ITS FUNCTIONING OR THE CONTENT AND MATERIAL OF THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITES OR THE SERVERS THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF OUR WEBSITE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO THE USE OF OUR WEBSITE.

IN NO EVENT WILL WE, OR OUR AFFILIATES, OUR OR THEIR RESPECTIVE CONTENT OR SERVICE PROVIDERS, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, SUPPLIERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION, OR LOST REVENUE, LOST PROFITS, LOST BUSINESS OR SALES, OR ANY OTHER TYPE OF DAMAGE, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, OUR WEBSITE OR THE CONTENT OR MATERIAL OR FUNCTIONALITY THROUGH OUR WEBSITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION ON TIME TO FILE A CLAIM

No action arising under or in connection with our website or the Terms, regardless of the form, may be brought by you more than one (1) year after the cause of action arose. Actions brought thereafter are forever barred.

INDEMNIFICATION

At 1stwindows’ option and request, users, including Members, shall, at their 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 the user and any third party, (b) based on or caused by unauthorized access to our website through Member's account, (c) is based on facts or alleged facts that would constitute a breach of any of user's or 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 user or Member Content in or on the website. Users and Members shall not enter into a settlement of the foregoing without 1stwindows’ prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior approval from 1stwindows.

You further agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

ACCEPTABLE USE POLICY

In using our website, you agree that you will not: impersonate any person or entity, including, but not limited to, a 1stwindows official, forum leader, guide or host; falsely state or otherwise misrepresent your affiliation with a person or entity; interfere with or disrupt our website or servers or networks connected to our website; or disobey any requirements, procedures, policies or regulations of networks connected to the website. You agree to not “stalk” or otherwise harass any of our representatives and you agree to not collect or store personal data about other users.

You also agree not to use our website 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 Websites.

ASSOCIATE AND THIRD PARTY TERMS AND CONDITIONS

The terms and conditions of third parties (“Agreement”) may apply to certain Materials or Services that users may access on the website. The links below lead to these terms and conditions.

Miscellaneous

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 or a third party agree to submit to the exclusive jurisdiction of the courts of the State of California. 1stwindows reserves the right, at its sole discretion, to require you to submit any controversy or claim arising out of or relating to our website, the Terms, and/or the TCS to final and binding arbitration by the American Arbitration Association applying California law. The judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction thereof. Any other venue for dispute resolution must be approved by 1stwindows in advance and is at our sole discretion. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover all costs and attorneys' fees.

All 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.

ENTIRE AGREEMENT

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into the Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms. The Terms may be modified by 1stwindows posting new Terms in the same location the previous Terms were posted. If the Member continues to use the Materials, Services, or our website, then Member will be considered to have accepted the modifications.

WAIVER/SEVERABILITY

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 the Terms 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 the Terms 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. No waiver by us is effective unless it is communicated to you in writing.

1stwindows will not be liable in any amount for failure to perform any obligation under the Terms 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.

FORCE MAJEURE

We shall be excused from any delay or failure in performance if caused by reason of any occurrence or contingency beyond our reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature, outages of the Internet or connections thereto, communications outages, earthquake, or flood; or any acts of governmental bodies or authorities. Our obligations and rights shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, our respective obligations shall resume.

HEADINGS

Any headings and titles herein are for convenience only.

GOVERNING LAW

This website (excluding linked sites) is controlled by 1stwindows from its offices within the state of California, United States of America. By accessing this website, 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 the Terms; the Privacy Policy; your access to, or use of, this website; 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 website 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 website from other locations do so on their own initiative and are responsible for compliance with local laws.

ARBITRATION

a. 1stwindows reserves the right, at its sole discretion, to require you to submit any controversy or claim arising out of or relating to our website, the Terms, and/or the TCS to final and binding arbitration by the American Arbitration Association applying California law. The judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction thereof. Any other venue for dispute resolution must be approved by 1stWindows in advance and is at our sole discretion.

ENTIRE AGREEMENT

The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into the Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms. This Agreement may be modified only by a signed agreement, or by 1stwindows posting new Terms in the same location the previous Terms were posted. If the Member continues to use the Materials, Services, or our website, then Member will be considered to have accepted the modifications.

QUESTIONS OR CONCERNS

Please send all questions, comments and feedback to us at [[email protected]].

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