Welcome to www.BigBlueWindow.com hereinafter the “Web Site”.
The goal of the Web Site is to provide access to our wide selection of window
grille components and service options, as well as, information and ideas to the
widest audience possible. We have established these Conditions of Use so you
will know what you can expect from us and what we expect from you.
Note: You must be 18 years or older to use, subscribe, or
register as a member of BigBlueWindow.com
BY ACCESSING ANY AREAS OF THE WEB SITE YOU AGREE TO BE
LEGALLY BOUND, AND TO ABIDE BY, THESE CONDITIONS OF USE.
Ownership and
Trademarks
BigBlueWindow.com©
and the Web Site are owned by Big Blue Window, Inc. with offices at 4165 N.W. Urbandale Drive
– Urbandale, IA 50322 (the “Company”).
BigBlueWindow.com and all associated trademarks are owned by Big Blue Window,
Inc. All other trademarks, product names, company names and logos which may
appear on this Web Site are the property of their respective owners.
“Affiliates” are those persons or entities directly or indirectly controlling,
controlled by, or under common control with the Company:
Disclaimers and
Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF BIGBLUEWINDOW.COM IS AT YOUR
SOLE RISK. NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS,
DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS
("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS
("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE
(COLLECTIVELY, "ASSOCIATES"), WARRANT THAT BIGBLUEWINDOW.COM WILL BE
UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF BIGBLUEWINDOW.COM, OR AS TO THE ACCURACY,
RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE
PROVIDED THROUGH BIGBLUEWINDOW.COM.
BIGBLUEWINDOW.COM IS PROVIDED ON AN "AS IS,"
"AS AVAILABLE" BASIS AND THE COMPANY SPECIFICALLY DISCLAIMS
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED
INFORMATION GIVEN BY THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE
LIKE, SHALL CREATE ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING BIGBLUEWINDOW.COM BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES,
INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR
INABILITY TO USE BIGBLUEWINDOW.COM, INCLUDING BUT NOT LIMITED TO RELIANCE BY
YOU ON ANY INFORMATION OBTAINED FROM BIGBLUEWINDOW.COM OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS,
DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE,
THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS,
OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL
CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH BIGBLUEWINDOW.COM. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY LAW.
CONTENT
Proprietary Rights
You acknowledge that BigBlueWindow.com contains information,
data, software, photographs, videos, typefaces, graphics, and other material
(collectively "Content") that are protected by copyrights,
trademarks, or other proprietary rights, and that these rights are valid and
protected in all forms including media and technologies existing now or
hereinafter developed. All Content is copyrighted as a collective work under
the U.S.
copyright laws, and the Company or its Affiliates or other third party
licensors may own a copyright in the selection, coordination, arrangement, and
enhancement of such Content. You may not modify, remove, delete, augment, add
to, publish, transmit, participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the Content, in whole or in
part. If no specific restrictions are displayed, you may use the content only
for your personal non-commercial use and make copies of select portions of the
Content, provided that the copies are made only for your personal use and that
you maintain any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices. Except as
provided in the preceding sentence or as permitted by the fair use privilege
under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not
upload, post, reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining permission of the
owner of the copyright or other propriety right.
User Submissions
The Company does not claim ownership of any Content you
submit or make available for inclusion on the Web Site. However, with respect
to all such Content, including, without limitation, daylight opening
dimensions, divided lite pattern specifics and various other product and/ or
service selections or other submissions whether via direct selection/ entry
through the Web Site interface, via email, feedback or otherwise (collectively,
"User Submissions"), you grant the Company and its Affiliates the
worldwide, perpetual, royalty-free, irrevocable, non-exclusive right to use,
communicate, reproduce, publish, display, perform, modify, alter, adapt,
translate, sublicense, distribute, create derivative works from and exploit
such User Submissions in any manner, including on the Web Site or any other web
sites in any medium now known or later developed without your consent. You also
warrant that you own or otherwise control all of the rights to any User
Submissions you submit or post on or to the Web Site or otherwise transmit to
the Company and that our public posting and other public or private use of such
User Submissions will not infringe the rights of any third party. You
acknowledge that you are not entitled now, or in the future, to any
compensation for any User Submissions you may submit or post and you waive the
benefits of any provisions of law known as “droit moral” (moral rights) or any
similar laws.
No User Submissions, regardless of how they may be provided
or marked, will be received by us in confidence, nor shall they be subject to
any express or implied obligation of confidentially. Neither the Company, or
its Affiliates, nor their respective officers, directors, agents or employees
shall be liable for any use or disclosure of any User Submissions.
You and your successors and assigns hereby waive any and all
rights and remedies you may have against the Company, or its Affiliates, or any
of their respective officers, directors, employees, or agents now or in the
future, and hereby release the Company, its Affiliates, and any of their
respective officers, directors, agents and employees from any and all claims,
demands, actions, causes of action, damages, obligations, losses and expenses
of whatever kind, (collectively “Claims”) relating to providing, posting,
transmitting or making available through the Web Site the User Submissions to
the Company, or the Company receiving, evaluating, and utilizing the User
Submissions. You further agree to indemnify, defend and hold harmless the
Company, its Affiliates, and any of their respective officers, directors,
agents and employees from and against any and all Claims, including, without
limitation, Claims that any User Submissions misappropriate or infringe upon
the rights of any third party, and reasonable attorneys’ fees and expenses,
which result or arise from, or are based on, the receipt, evaluation or use of
User Submissions by the Company, its Affiliates or its third party licensees.
In addition, the Company may, in our sole discretion, at any
time and without prior notice to you, suspend or terminate any portion of the
Web Site, or the subscription or registration of any user who violates any of
these terms and conditions of use, any of the rules, regulations or guidelines
or for any other behavior that we in our sole discretion believe is
inappropriate.
Compliance with Laws
and Export Regulations
You agree to use the Content and this Web Site in compliance
with all applicable laws, rules and regulations and in a manner that does not,
in the sole judgment of the Company, negatively reflect on the goodwill or
reputation of the Company or any of its Affiliates.
The U.S.
export control laws regulate the export and re-export of technology originating
in the United States.
This includes the electronic transmission of information and software to
foreign countries and to certain foreign nationals. You agree to abide by these
laws and their regulations, including but not limited to the Export
Administration Act and the Arms Export Control Act, and not to transfer, by
electronic transmission or otherwise, any Content derived from the Web Site to
either a foreign national or a foreign destination in violation of such laws.
The Company's Rights
The Company is not responsible for screening, policing,
editing, or monitoring Content (including User Submissions). The Company (or
its Affiliates) may elect, but is not obligated, to monitor, electronically or
otherwise, areas of the Web Site and may disclose any Content (including User
Submissions), records, or electronic communication of any kind and information
you provide to the Company or its Affiliates, through the Web Site or otherwise
(i) when we believe disclosure to be appropriate to comply with any law,
regulation, or government or law enforcement request or to comply with judicial
process; or (ii) if such disclosure is necessary or appropriate to operate the
Web Site; or (iii) to protect the rights or property of the Company, users of
the Web Site, Affiliates, subscribers, customers, recipients, Sponsors,
Providers, Licensors, or Merchants.
The Company reserves the right to prohibit or remove any
Content (including User Submissions) that it deems in its sole discretion to be
harmful to the Company or its Affiliates, or any rights of the Company or any
third party, or to violate any applicable law. Notwithstanding the foregoing,
neither the Company, nor its Affiliates, Providers, Merchants, Sponsors, or
Licensors can ensure prompt editing or removal of questionable Content after
online posting. Accordingly, neither the Company, nor its Affiliates, nor any
of their respective officers, directors, employees, agents or employees, nor
any Provider, Merchant, Sponsor, or Licensor shall assume liability for any
action or inaction with respect to conduct, communication, or Content
(including User Submissions) on the Web Site.
Online Conduct
Any conduct by you that in the Company's sole discretion
restricts or inhibits any other user from using or enjoying the Web Site will
not be permitted. You agree to use the Web Site in accordance with these Conditions
of Use and only for lawful purposes.
The provisions of these Conditions of Use are for the
benefit of the Company, its Affiliates and the Web Site Providers, Merchants,
Sponsors and Licensors, and each shall have the right to assert and enforce
such provisions directly against the violator on its own behalf.
YOUR SECURITY &
PRIVACY:
Privacy Policy
We recognize and respect the importance of maintaining the
privacy of our users, customers and subscribers and have established a privacy
policy as a result. In our Privacy Policy, which constitutes part of these
Conditions of Use, we describe why we gather information from users, customers,
and subscribers, what information we collect, how we collect it, what we use
the information for. We encourage you to carefully read our Privacy Policy.
Indemnity
You agree to indemnify, defend and hold harmless the
Company, its Affiliates and any of their respective officers, directors, agent
or employees, from and against any and all liability, claims, costs and
expenses (including without limitation reasonable legal fees and expenses),
brought by any third party alleging, arising, related or resulting from your
use (or use by any third party using your account) of the Web Site in violation
or breach of the Conditions of Use.
Termination of Usage
The Company may terminate your access, or suspend your
access to all or part of the Web Site, without notice, for any conduct that the
Company, in its sole discretion, believes is a violation or breach of these Conditions
of Use, is in violation of any applicable law or is harmful to the interests of
another user, customer, recipient, subscriber, a third-party Provider,
Merchant, Sponsor, Licensor, content or service provider, the Company or its
Affiliates.
Applicable Laws
BigBlueWindow.com is controlled by the Company from its
offices within the United
States of America. The Company makes no
representation that this Web Site or the Content is appropriate or available
for use in other locations, and access to them from territories where Content
is illegal is prohibited. Those who choose to access this site from other
locations do so on their own initiative and are responsible for compliance with
applicable local laws. Any claim relating to this Web Site, the services
provided through this Web Site or the Content shall be governed by the internal
substantive laws of the State of Iowa
without regard to its conflict of laws principals. The exclusive venue and
jurisdiction for all claims and disputes arising under the Conditions of Use or
in connection with this Web Site shall be the appropriate state or federal
courts located in Iowa and you and we hereby submit to the exclusive
jurisdiction of these courts.
Acknowledgment and
Changes
This Agreement represents the entire understanding between
you and the Company regarding your relationship with the Company and use of the
Web Site and supersedes any prior statements or representations. YOU AGREE TO
BE BOUND BY THE CONDITIONS OF USE by accessing any areas of the Web Site.
We reserve the right to change the Conditions of Use at any
time. If we make any change to the Conditions of Use, we will post those
changes on this, or any other appropriate page, and they will become effective
upon the later of 1) the date specified by the Company, if any, or 2) the
posting. By accessing the Web Site after changes are made to the Conditions of
Use and posted on the Web Site, you agree to be legally bound and to abide by
the amended terms.