Terms of Service

 

Please review these terms and conditions, which govern your use of misterwindow.com, any Mister Window mobile site, and any other site on which these terms and conditions appear (collectively all of the foregoing are referred to as the “Site” or “Sites”). All of the above websites, blogs, social media sites, and online presences are provided by Mister Window to its customers, unless specifically provided otherwise on the Site.

Your use of any of the Sites constitutes your unconditional agreement to be bound by these terms and conditions and the Privacy Policy (collectively, the “Terms”) without any modification by you. Please review the Terms carefully. If you do not agree to the terms, do not use the Site(s). The Terms inure to the benefit of Mister Window and its subsidiaries and affiliates.

By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older; or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use this Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.

If we determine that a child under the age of 13 has provided personal information on the Site, we will delete that information as soon as practical. If you become aware that such information has been provided by a child under the age of 13, please contact us at admin@misterwindow.com so that we can delete the information.

By accessing or using the Mister Window website and services, you agree to the following terms and conditions:

Copyrights

The copyright in the Site is held by Mister Window or authorized owners. All material provided on the Site is protected under United States copyright laws and international copyright laws and treaty provisions and is owned or licensed by Mister Window or its software and content suppliers and licensors. Except as expressly provided herein, none of the material provided on the Site may be copied, distributed, republished, reproduced, downloaded, displayed or transmitted in any form without the prior written permission of Mister Window.

Trademarks

Any trademarks, trade names, logos, service marks, brand identities, titles, characters, graphics, designs, and/or other properties displayed on the Site are property of Mister Window or authorized third party owners and are protected as registered and unregistered trademarks and copyrights. Use of the Site in no way grants any license or right to use any Trademark displayed on the Site.

Licensing and Permissions

Other than as expressly provided herein, Mister Window requires a license agreement or written permission from an authorized agent at Mister Window prior to any use of brand names, trademarks, service marks, copyrights and other intellectual property belonging to Mister Window. Any misuse of intellectual property belonging to Mister Window is strictly prohibited. Mister Window does not grant any express or implied right to you under any patents, trademarks, copyrights, trade secret, or any other intellectual property displayed on, connected to, or related to the Site.

Information Submitted

Any communication or material submitted to the Site including, but not limited to, by electronic mail, text and/or website submission (“Site Submission”) is considered to be non-confidential and nonproprietary. Such communication may include without limitation, questions, comments, suggestions, and ideas. Any Site Submission is the exclusive property of Mister Window. Mister Window shall have a perpetual royalty-free and exclusive license to any Site Submission. Mister Window shall be free to use Site Submissions for any purpose whatsoever without restriction or further notice or compensation.

Orders and Payment

While we use our best efforts to fulfill all orders, Mister Window cannot guarantee the availability of any particular product displayed on the Site. Mister Window reserves the right to discontinue the sale of any product listed on the Site at any time without notice. Product prices (if any) offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.

Digital Millennium Copyright Act (“DMCA”) Notice

Materials may be made available via the Site by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright or intellectual property rights to remain on the Site.

Disclaimer

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET IN GENERAL. MISTER WINDOW ENDEAVORS TO MAINTAIN THE SITE, THE INFORMATION IN THE SITE(S) AND THE SITE’S OPERATION (ALL THREE COLLECTIVELY “SITE CONTENT AND OPERATION”). MISTER WINDOW IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS OR INACCURACIES THAT MAY EXIST IN THE SITE CONTENT AND OPERATION. THE SITE, THE MATERIALS AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND MISTER WINDOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability

IN NO EVENT SHALL MISTER WINDOW BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY MATERIALS IN THE SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR INFORMATION AVAILABLE IN THE SITE.

Links to Other Sites

As a convenience to you, Mister Window provides links to websites operated by others. Mister Window makes no representations about websites accessed from the Site which are not maintained, controlled or created by Mister Window and does not endorse any linked websites or the information appearing thereon.

Indemnification

You agree to indemnify, defend, and hold harmless Mister Window, and its affiliates, subsidiaries, business partners, dealers, insurers, and their respective officers, directors, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions or any activity related to accessing the Site (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Site under your direction.

Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting on our website. Continued use of the website constitutes your acceptance of the revised terms.

Governing Law

These terms are governed by the laws of Florida. Any disputes shall be resolved in the courts of Hillsborough County, Florida.