We reserve the right to change or modify these Terms or any policy or guideline of the Site at any time, without notice and in our sole discretion. Any changes or modifications will be effective immediately upon posting and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of and agreement to such changes or modifications. Therefore, you should review the Terms and applicable policies each time you access, visit, view, browse or use the Site to understand the terms and conditions that apply to you. If you do not agree to the Terms, you must stop accessing and/or using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination of your access and use of the Site.
If you have any questions or comments about the Site or its contents please call 877-733-2753 or email us at firstname.lastname@example.org
The Site is not targeted towards, nor intended for use by, anyone under the age of 13. By using the Site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access or use the Site. In addition, you may not make a purchase from the Site unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Site and (b) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
In consideration of your use of the Site, you agree to (a) provide accurate, truthful, current and complete information when purchasing a product; (b) accept all risks of unauthorized access to the information you provide to us; and (d) promptly notify us if you discover or otherwise suspect any security breaches related to the Site.
3. Ownership of Site Content
Unless otherwise indicated in the Site, the Site and all content and materials on the Site, including but not limited to the WindowAlert logo and all designs, text, images, graphics, pictures, information, data, software, files, and the selection and arrangement thereof (collectively, "Site Content") are the property of WindowAlert, Inc., protected under U.S. and international copyright, trademark and intellectual property laws.
WindowAlert expressly reserves all intellectual property rights in the Site and Site Content. Access, use, viewing, browsing or visiting of the Site does not confer and shall not be considered as conferring upon any person or entity any license under any of WindowAlert’s intellectual property, whether by estoppel, implication or otherwise.
You are hereby prohibited from: (a) any resale or copying of the Site or Site Content; (b) the collection and use of any product listings, pictures or descriptions on the Site or used in the Site Content; (c) the distribution or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Site and the Site Content, or any portion thereof; (e) use of any data mining or similar data gathering or extraction methods; and (f) downloading (other than page caching) of any portion of the Site, the Site Content or any information contained therein, except as expressly permitted on the Site. Any use of the Site or Site Content other than for its intended purpose without the prior written permission of WindowAlert, Inc. is strictly prohibited and such unauthorized use may violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes.
4. Copyright Complaints
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, WindowAlert, Inc. has adopted a policy of terminating access to and use of the Site, in appropriate circumstances and in WindowAlert’s sole discretion, for any users who are deemed to be repeat infringers. WindowAlert may also, in its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe on any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below.
Name of Designated Agent: Window Alert
Address: P.O. Box 1710, Bend, OR 97709
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records or by written communication sent by first-class mail to a user's address in our records.
"WindowAlert", "Window Alert" and other WindowAlert, Inc. product or service, names, logos or slogans that may appear on this Site are trademarks or registered trademarks of WindowAlert, Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of WindowAlert, Inc. You may not use "WindowAlert", “Window Alert” or any other name, trademark, product or service name of WindowAlert, Inc. without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of WindowAlert, Inc. and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, company names or logos referenced in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by WindowAlert.
If you believe that anything on the Site infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4 above. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c)(3)).
6. User Content and Interactive Features or Areas
The Site may include discussion forums, blogs, profiles, product reviews or other interactive features or areas (collectively, "Interactive Areas"), in which you or other users may create, post, transmit or store content, such as text, photos or graphics on the Site ("User Content"). User Content is publicly-viewable and includes your profile information and any content you post pursuant to your profile, but it does not include information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Site any of the following:
• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
• User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to WindowAlert or any user or consumer or that is contrary to any instructions or warnings relating to the product;
• User Content that may impinge upon the privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
• User Content that may infringe on any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
• User Content that, in the sole judgment of WindowAlert, restricts, effects or inhibits any other person from using or enjoying the Site or which may expose WindowAlert or its users to any harm or liability of any type whatsoever.
WindowAlert takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is WindowAlert liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity of any User Content that you may encounter. If you become aware of User Content that violates these Terms (with the exception of copyright and trademark infringement which is addressed in Sections 4 and 5 above), you may report it by contacting us at 877-733-2753. Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Site will not contain any content that is prohibited by such Terms. Although we have no obligation to screen, edit or monitor any of the User Content posted on the Site, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Site at your sole cost and expense.
7. Rights in User Content and Submissions
Except as otherwise provided herein or on the Site, WindowAlert claims no ownership or control over any User Content. However, by submitting or posting User Content on the Site, you grant WindowAlert a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Site and on third-party sites. You expressly grant these rights to WindowAlert at the time you upload or submit any User Content. In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time.
By posting, submitting or uploading User Content to the Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post and use such User Content to the Site and to grant the rights to WindowAlert that you grant in these Terms; (c) the User Content is accurate and not misleading, harmful or obscene in any manner; (d) the User Content, and your use and posting thereof in connection with this Site, does not and will not violate these Terms or any applicable law, rule or regulation.
Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Site, WindowAlert or its products or services that are provided by you, whether by email, posting to the Site or otherwise ("Submissions"), are non-confidential and may, in WindowAlert’s sole discretion, become the sole property of WindowAlert, Inc. WindowAlert shall own exclusive rights, including all intellectual property rights, therein and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you in any form whatsoever. Do not send us a Submission if you expect to be paid or want to continue to own or claim rights in them.
8. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort in your access, visit, viewing, browsing or use of the Site and also agree to abide by any policies and regulations of the Site including but not limited to:
• You will not use the Site in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site;
• You will not send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes through the Site, or harvest or collect email addresses or other contact information of other users from the Site;
• You will not use any robot, spider, crawler, scraper or other automated means of interface not provided by us to access the Site or to extract data;
• You will not reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;
• You will not solicit personal information from any other users under age 18 or solicit passwords or personally identifying information from other users for any commercial or unlawful purposes;
• You will not use or attempt to use another users account without WindowAlert’s prior written permission;
• You will not attempt to circumvent any content filtering techniques we employ or access any service or area of the Site that you are not authorized to access; and
• You will not engage in any harassing, intimidating, predatory or stalking conduct.
WindowAlert is not responsible or liable for the conduct of, or your interactions with, other users of the Site (whether online or offline), nor is WindowAlert responsible or liable for any associated loss, damage, injury or harm. Although we have no obligation to monitor any user conduct on the Site, we reserve the right and have absolute discretion to monitor any user conduct on the Site at any time and for any reason without notice. We do not approve or endorse any user-posted meetings or events referenced on the Site and we recommend exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.
9. No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
You agree to defend, indemnify and hold WindowAlert, Inc., its officers, directors, agents, shareholders, employees, service providers and consultants, and their respective directors, employees and agents, harmless from, for and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) of any kind whatsoever, whether known or unknown, arising out of or related to: (a) your access, use, viewing, and browsing of the Site; (b) any User Content posted, uploaded, used, distributed, stored or otherwise transmited on or through the Site by you or any third party; (c) any Submission provided by you or any third party; (d) your violation of these Terms; (e) your violation of any rights of another; and (f) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.
11. General Disclaimer – Non-Purchaser
Except as expressly provided, the Site, Site Content, User Content and products or services provided on or in connection with the Site (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WINDOWALERT DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WindowAlert does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. WindowAlert does not represent or warrant that the Site or its servers are free of viruses or other harmful components.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
12. Limitation of Liability– Non-Purchaser
IN NO EVENT SHALL WINDOWALERT, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM WINDOWALERT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WINDOWALERT'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WINDOWALERT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WINDOWALERT FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
13. Modifications to Site
WindowAlert reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that WindowAlert will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
14. Applicable Law and Venue
These Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without giving effect to any conflict-of-law provisions that would result in the laws of any other jurisdiction governing these Terms. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed exclusively in the state and federal courts located in Deschutes County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, WindowAlert reserves the right, without notice and in its sole discretion, to terminate your right to access or use the Site or any portion thereof and to block or prevent your future access to and use of the Site or any portion thereof.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable by a Court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
17. Pricing and Availability
All prices and costs of products and/or services, taxes, and shipping and handling charges are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens.
We attempt to be as accurate as possible and eliminate errors on the Site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
19. Out-of-Stock Items; Backorders
Note that some items may be backordered or unavailable even if the Site indicates that they are in-stock, and adding an item to your cart does not guarantee the availability of that item. We will not charge your payment card until the item ships to the designated delivery address. If the backordered item is no longer available, we will cancel the item from your order and notify you, usually via e-mail. If you have items on backorder that you would like to cancel, please contact us.
20. Agreement to Conduct Transactions Electronically; Recording; Copies
You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
21. Shipping & Handling
When we ship to you or per your directions, you agree to pay all actual costs and charges of shipping and handling. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order. Generally, shipping is by standard ground delivery. Any shipping or handling charges shown on the Site when your order is placed may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only - actual delivery dates may vary.
22. Payment; Credit for Refunds
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding any information you submit to us in order to make a puchase, you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. It shall be your sole responsibility to resolve any problem we encounter regarding your payment card or other payment method in order to proceed with your order.
23. Return and Exchanges
We reserve the right to require identification, proof of purchase, or additional verifiable information with respect to returns to help us locate the purchase in our records. If you made your purchase with a form of payment other than a credit or debit card to pay the original price, or if your purchase was made with a coupon, gift certificate or promotional code or if the purchase was part of a special offer that is not in effect when the return is made, we may give you a merchandise credit. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a credit to the payment card used to pay for the product, a check, or another remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price.
If you believe a product sold by WindowAlert has a condition or defect that might make it unsafe, please report this safety concern immediately by calling 877-733-2753.
24. Warranty – For Purchasers
THE LIMITED WARRANTY PROVIDED ON THE SITE IS THE ONLY GUARANTEE OR WARRANTY FROM WINDOWALERT RELATING TO THE PRODUCTS YOU PURCHASE OR RECEIVE FROM WINDOWALERT. WINDOWALERT EXPRESSLY DISCLAIMS ANY AND ALL OTHER, REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Manufacturers of non-WindowAlert branded products may provide other warranties, and you agree that you will look solely to the warranty(s), if any, provided by those manufacturers. Warranties give you specific legal rights, and you may have other rights, which vary from state to state. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OR ALL OF THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
25. Exclusivity of Remedy; Limitation of Liability – For Purchasers
YOUR SOLE AND EXCLUSIVE REMEDY, AND WINDOWALERT’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF WARRANTY SHALL BE YOUR RIGHT TO RETURN THE PRODUCT UNDER THE WINDOWALERT RETURNS AND EXCHANGES POLICY. IN NO EVENT SHALL WINDOWALERT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF WINDOWALERT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
26. Sales Tax and User Waiver of Damages
WindowAlert does not and shall have no obligation to collect and/or remit any sales tax for Site purchases. Some states require that their residents file a sales or use tax return for items purchased on this Site. You should consult your state and local tax laws to determine compliance with tax laws and regulations applicable to your area. You agree to pay any sales tax applicable to your purchases from the Site and agree to release and indemnify WindowAlert, its shareholders, officers, directors, employees and agents from, for and against any penalties, harm, damage or loss, including reasonable attorneys fees, you may incur as a result of any failure to pay taxes you owe for your purchases from the Site.