Terms and Conditions
Last Updated on August 29, 2017.
By accessing or using the Site, you acknowledge that you have read, understood and agree to be bound and abide by the Terms. If you do not agree to the Terms, you are not authorized to use or access the Site.
CHANGES TO THE TERMS
We may make changes to the Terms from time to time and at any time without notice to you by posting modifications to the Terms at the Site. All changes are effective immediately when we post them. By using the Site following such changes, you agree to be bound by such changes. Please check the Site periodically to familiarize yourself with any changes that may have been made to the Terms. You can determine when the Terms were last changed by checking the "Last Updated" reference above.
The Site is offered and available to users who reside in the United States or any of its possessions or territories, and are at least the age of majority in your jurisdiction of residence. By using the Site, you represent and warrant that meet the foregoing eligibility requirements. If you do not meet all of these requirements, you are not authorized to use or access the Site.
All elements comprising the Site, including without limitation, the text, site design, logos, graphics, icons, images, software, and sounds as well as the selection, assembly, and arrangement thereof (collectively, "Content") are the sole property of SWF or its licensors, and are protected by applicable U.S. and international intellectual property laws. SWF and its licensors expressly reserve all intellectual property rights in all Content.
The collection, selection, and arrangement of the Content on the Site is the exclusive property of SWF and is protected by U.S. and international copyright laws. Copyright 2014-2017 Springs Window Fashions, LLC. All rights reserved.
The trademarks, service marks, trade names, and logos appearing on the Site are owned by SWF or others. SWF’s trademarks include, without limitation, Bali® and Graber®. All rights in such trademarks are reserved by their respective owners.
USE OF SITE AND RESTRICTIONS
Subject to your compliance with the Terms, permission is granted to you to use the Site for your own personal non-commercial use, or directly in connection with your authorized sales and marketing of SWF products. You may download, print, and copy Content for such purposes only, provided you do not modify or alter the Content or violate the Terms in any way. Any other use is strictly prohibited. Without limiting the foregoing sentence, you will not: (i) modify, revise, translate, or create any derivative works of the Site or any of its Content; (ii) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code for the Site; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Site or any of its Content; (iv) remove or alter any proprietary notices, legends, symbols, or labels in the Site, including, but not limited to, any trademark or copyright notices; (v) transmit a virus or other destructive mechanisms to the Site or Site users; (vi) create a database by systematically downloading and storing any Content from the Site; (vii) use an automated search/retrieval application (e.g., a robot or spider) or device to access, scrape, data mine, or index the Site or any portion of the Site without our express written consent; (viii) take any action that imposes an unreasonable or large load on the Site or makes excessive traffic demands of the Site; (ix) attempt to gain unauthorized access to the Site or any of the servers on which it is hosted; (x) frame or mirror all or any portion of the Site; or (xi) otherwise attempt to interfere with the proper operation of the Site.
Your permission to access or use the Site or any Content immediately terminates in the event you breach any of the Terms. Any rights not granted to you in the Terms are expressly reserved by us.
If you choose, or are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to, or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
COMMUNICATIONS WITH US
By sending us any ideas, comments, suggestions, questions, or other material, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such material in any manner, including in connection with our business, and you also agree that we are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
Due to many differences, we cannot guarantee that the colors shown on the color range will match exactly the actual color of the blind or shade. Many variables can alter the color you see as you view our website. The majority of computer monitors display up to millions of colors and the human eye can only decipher a very small fraction of those colors. And with that small fraction, we all see them in a different way. Monitors have inherent limits, and electronically reproducing color on the Internet is imprecise. As a result, we cannot assure you that what you see accurately portrays the color.
All orders placed through the Site are subject to our acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has been charged for an order that is later cancelled by us, we will issue you a refund.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who may be informed of any of its contents. We may update the Site from time to time, but the Content is not necessarily complete or up-to-date. Any of the Content on the Site may be out of date at any given time, and we are under no obligation to update such material. Certain products shown on the Site may not be available in your area.
THIRD PARTY SITES
The Site may include links to websites or applications operated by third parties. We make no representations whatsoever about any third party websites or applications that you may access through the Site. Your use of such sites or applications is at your own risk.
You agree to indemnify, defend, and hold harmless SWF, its subsidiaries, affiliates and their respective officers, directors, managers, employees, agents, representatives, suppliers, and content and service providers from, and against, all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your use of the Site, your violation of the Terms, or any activity related to your use of the Site.
DISCLAIMERS; LIMITATION OF LIABILITY
THE SITE, ITS CONTENTS, AND THE PRODUCTS AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED ON AND “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWF, ITS SUBSIDIARIES, AND AFFILIATES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS CONTENTS, ITS USES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT THE LIFETIME LIMITED WARRANTY OR ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL SWF, ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR OTHER THEORY, ARISING OUT OF, OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE, ANY MATERIALS AT THE SITE, OR ANY PRODUCTS OR SERVICES AVAILABLE AT THE SITE. YOUR ONLY REMEDY FOR USE OF THE SITE OR ANY MATERIAL, PRODUCTS, OR SERVICES AVAILABLE AT THE SITE IS TO STOP USING THE SITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Site is controlled by SWF from its headquarters in Middleton, Wisconsin. Your use of the Site shall be governed by the laws of the State of Wisconsin without regard to its choice of law principles. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Dane County, Wisconsin with respect to any legal proceedings arising out of the Terms or your use of the Site. Any cause of action or claim you may have arising out of or relating to the Terms or the Site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
No delay or omission by SWF in exercising or enforcing any right under the Terms will operate as a waiver of that, or any other right. If any provision in the Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in the Terms is deemed unlawful, void, or unenforceable, then that provision is deemed severable from the Terms and the remaining provisions are still valid and enforceable.
You acknowledge that the Site, or any services or materials provided on the Site, may be modified, updated, interrupted, suspended, or discontinued at any time without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
We may close your account, suspend your ability to use all or certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing or using the Site. The Terms remain in effect even after your account or ability to access the Site is terminated.