AGREEMENT BETWEEN USER AND Castle Windows - Custom Replacement Windows,
Doors, and Siding in NJ, PA, DE, MD, NY, WV
The Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ,
PA, DE, MD, NY, WV Web Site is comprised of various Web pages operated by
Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA,
DE, MD, NY, WV.
The Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ,
PA, DE, MD, NY, WV Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the Castle Windows - Custom Replacement Windows, Doors, and
Siding in NJ, PA, DE, MD, NY, WV Web Site constitutes your agreement to all
such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA,
DE, MD, NY, WV reserves the right to change the terms, conditions, and
notices under which the Castle Windows - Custom Replacement Windows, Doors,
and Siding in NJ, PA, DE, MD, NY, WV Web Site is offered, including but not
limited to the charges associated with the use of the Castle Windows -
Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV Web
Site.
LINKS TO THIRD PARTY SITES
The Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ,
PA, DE, MD, NY, WV Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Castle Windows -
Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV and
Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA,
DE, MD, NY, WV is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Castle Windows - Custom Replacement
Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV is not responsible for
webcasting or any other form of transmission received from any Linked Site.
Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA,
DE, MD, NY, WV is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by Castle Windows -
Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV of
the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Castle Windows - Custom Replacement
Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV Web Site, you warrant
to Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA,
DE, MD, NY, WV that you will not use the Castle Windows - Custom Replacement
Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Castle Windows - Custom Replacement Windows,
Doors, and Siding in NJ, PA, DE, MD, NY, WV Web Site in any manner which
could damage, disable, overburden, or impair the Castle Windows - Custom
Replacement Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV Web Site or
interfere with any other party's use and enjoyment of the Castle Windows -
Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV Web
Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through
the Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ,
PA, DE, MD, NY, WV Web Sites.
USE OF COMMUNICATION SERVICES
The Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ,
PA, DE, MD, NY, WV Web Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or
other message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services only
to post, send and receive messages and material that are proper and related
to the particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information.
Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such
messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such
manner.
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Services.
Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations.
Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA,
DE, MD, NY, WV has no obligation to monitor the Communication Services.
However, Castle Windows - Custom Replacement Windows, Doors, and Siding in
NJ, PA, DE, MD, NY, WV reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion.
Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA,
DE, MD, NY, WV reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason
whatsoever.
Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA,
DE, MD, NY, WV reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in Castle Windows - Custom
Replacement Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV's sole
discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. Castle Windows
- Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV
does not control or endorse the content, messages or information found in
any Communication Service and, therefore, Castle Windows - Custom
Replacement Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized Castle Windows
- Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV
spokespersons, and their views do not necessarily reflect those of Castle
Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD,
NY, WV.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Castle Windows - Custom Replacement Windows, Doors,
and Siding in NJ, PA, DE, MD, NY, WV OR POSTED AT ANY Castle Windows -
Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV WEB
SITE
Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA,
DE, MD, NY, WV does not claim ownership of the materials you provide to
Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA,
DE, MD, NY, WV (including feedback and suggestions) or post, upload, input
or submit to any Castle Windows - Custom Replacement Windows, Doors, and
Siding in NJ, PA, DE, MD, NY, WV Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Castle Windows -
Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV, its
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Castle Windows - Custom Replacement Windows, Doors, and
Siding in NJ, PA, DE, MD, NY, WV is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA,
DE, MD, NY, WV's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Castle Windows - Custom Replacement Windows, Doors, and Siding
in NJ, PA, DE, MD, NY, WV WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Castle
Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD,
NY, WV AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA,
DE, MD, NY, WV WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Castle Windows
- Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA,
DE, MD, NY, WV AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ,
PA, DE, MD, NY, WV WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY
KIND. Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ,
PA, DE, MD, NY, WV AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Castle
Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD,
NY, WV AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA,
DE, MD, NY, WV WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Castle
Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD,
NY, WV WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE Castle Windows - Custom Replacement Windows,
Doors, and Siding in NJ, PA, DE, MD, NY, WV WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE Castle Windows - Custom Replacement Windows, Doors,
and Siding in NJ, PA, DE, MD, NY, WV WEB SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Castle Windows -
Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Castle
Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD,
NY, WV WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE Castle Windows - Custom Replacement
Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV WEB SITE.
SERVICE CONTACT : support@castlewindows.com
TERMINATION/ACCESS RESTRICTION
Castle Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA,
DE, MD, NY, WV reserves the right, in its sole discretion, to terminate your
access to the Castle Windows - Custom Replacement Windows, Doors, and Siding
in NJ, PA, DE, MD, NY, WV Web Site and the related services or any portion
thereof at any time, without notice. GENERAL To the maximum extent permitted
by law, this agreement is governed by the laws of the State of Washington,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue of
courts in King County, Washington, U.S.A. in all disputes arising out of or
relating to the use of the Castle Windows - Custom Replacement Windows,
Doors, and Siding in NJ, PA, DE, MD, NY, WV Web Site. Use of the Castle
Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD,
NY, WV Web Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Castle Windows -
Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV as a
result of this agreement or use of the Castle Windows - Custom Replacement
Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV Web Site. Castle
Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD,
NY, WV's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of Castle
Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD,
NY, WV's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Castle Windows - Custom
Replacement Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV Web Site or
information provided to or gathered by Castle Windows - Custom Replacement
Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV with respect to such
use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Castle Windows - Custom Replacement Windows,
Doors, and Siding in NJ, PA, DE, MD, NY, WV with respect to the Castle
Windows - Custom Replacement Windows, Doors, and Siding in NJ, PA, DE, MD,
NY, WV Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between
the user and Castle Windows - Custom Replacement Windows, Doors, and Siding
in NJ, PA, DE, MD, NY, WV with respect to the Castle Windows - Custom
Replacement Windows, Doors, and Siding in NJ, PA, DE, MD, NY, WV Web Site. A
printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Castle Windows - Custom Replacement Windows, Doors, and
Siding in NJ, PA, DE, MD, NY, WV Web Site are: Copyright 2009 by Castle
Windows and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States copyright law should
be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and
Procedure for Making Claims of Copyright Infringement.