Terms of Use
Window and Door Showplace, Inc ("We" or "Us")
TERMS OF SERVICE
THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND WINDOW AND DOOR SHOWPLACE. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL:WDSHOWPLACE.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO THE SITE BY WINDOW AND DOOR SHOWPLACE, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE"). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO "SITE" INCLUDE THE CONTENT, SERVICES AVAILABLE THROUGH THIS SITE (THE "SERVICES") AND ANY SOFTWARE THAT WINDOW AND DOOR SHOWPLACE PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE (A "MOBILE APPLICATION"). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHEWISE USE THIS SITE OR ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
INTRODUCTION
Window and Door Showplace, Inc ("Window and Door Showplace") operates this website ("Site") to provide online access to information about the products and services we provide (the "Service"). By accessing and using the Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). If you do not agree with any of the Terms of Use, you are not authorized o access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions may also posted in particular areas of the Site (together with these Terms of Use, the "Agreement") and govern your use of those areas. Window and Door Showplace reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by this Agreement as modified. The last date this Agreement was revised is set forth below.
INTELLECTUAL PROPERTY
The Service, the Site, and all information and/or content that you see, here or otherwise on or download from the Site, including without limitation all design drawings and product specifications, (collectively, the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to Window and Door Showplace or its affiliates, licensors, contributors or third parties.
You may not use any of the marks or logos appearing throughout the Site without express written consent from Window and Door Showplace (or the trademark owner, as applicable), except as permitted by law. The following activities are prohibited: Site scraping of any kind; mirroring or framing any page of this Site; deep linking to the site.
PRODUCT ORDERS & PAYMENT PORTAL
Window and Door Showplace makes no express or implied warranties or representations whatsoever with respect to the Site, the Service or the Content. Window and Door Showplace expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, by not limited to implied warranties of merchantability, fitness or of a particular purpose, title and non-infringement, with regard to the Site, the Service and the Content. Window and Door Showplace does not warrant that the functions performed by the Site, or the Service will be uninterrupted, timely, secure or error-free, or that defects in the Site or the Service will be corrected. Window and Door Showplace does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The Site, the Service and the Content are provided on an "As Is" and "As Available" Basis. Without limiting the preceding paragraph, Window and Door Showplace makes no express or implied warranties whatsoever with respect to any software available or accessible via the Site. Window and Door Showplace provides such availability or accessibility solely as a convenience to site users and any software is provided, "As Is", "As Available", and "With all Faults".
ADDTIONAL DISCLAIMERS
Third Party Links. Links to third party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Window and Door Showplace of the third party, the third-party website, or the information contained therein, and Window and Door Showplace is not responsible or liable for, any such website or its functionality or content.
Downloading Files. Window and Door Showplace cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. The entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content is solely and exclusively with the user.
LIMITATION OF LIABILITY
In no event will Window and Door Showplace be liable for any damages whatsoever, including, but not limited to any direct, indirect, incidental, consequential, special, exemplary, or other damages arising out of: the use or inability to use the Site, the Service, the Content, or any Software; any claim attributable to errors, omissions. or other inaccuracies in the Site, the Service, the Content, and/or any Software; Unauthorized access to or alteration of your transmissions or data; or any other matter relating to the Site, the Service, the Content, or any software, even if Windo and Door Showplace has been advised of the possibility of such damages. If you are dissatisfied with the Site, the Service, the Content, the Software or with this agreement, your sole and exclusive remedy is to discontinue using the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, Window and Door Showplace's liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed fifty dollars ($50.00).
INDEMNIFICATION
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Window and Door Showplace, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, the Content, any third party software or any violation by you of this Agreement.
USER CONDUCT
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.
UNSOLICITED IDEAS AND OTHER USER SUPPLIED INFORMATION
Window and Door Showplace does not accept unsolicited product, feature, or other ideas or information on a confidential basis. If you send us or post to this website any information, including an unsolicited idea or invention, it will be treated as non-proprietary and non-confidential. We will have no obligation with regard to such information or invention, and will be free to copy, disclose, distribute, incorporate, modify, and otherwise use any such information for any and all purposes, commercial or non-commercial. If you would like to submit an idea or invention for consideration on a non-confidential basis, please contact Window and Door Showplace legal department for instructions. If you supply or post any information or material via the Site, you guarantee to us that you have the legal right to supply and post such material, and that it will not violate any law or the rights of any person or entity. By supplying or posting material via the Site, you give Window and Door Showplace the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
MOBILE MESSAGING TERMS
Window and Door Showplace offers its customers mobile alerts regarding order updates and appointment reminders by SMS message (the "Service"). By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
Charges and Carriers. Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Window and Door Showplace and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
Changes to Terms. These mobile messaging terms are subject to change at any time without notice.
PRIVACY POLICY
Window and Door Showplace's Privacy Policy can be viewed here.
GENERAL PROVISIONS
Entire Agreement/No Waiver. This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by Window and Door Showplace of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Window and Door Showplace therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Window and Door Showplace does note, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Enforcement/Choice of Law/Choice of Forum. Every part of this Agreement shall be construed as valid and enforceable. If at any part of the Agreement, so construed, is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect. Any and all disputes relating to the Agreement, Window and Door Showplace's Privacy Policy, your use of the Site, the Service, or the Contend (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of Virginia, without regard to any conflict of laws provisions. Any Dispute will be venued exclusively in a state or federal court situated in Virginia and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.
Last Updated: March 3, 2023