Terms Of Service
Last Updated on: July 25, 2017
1.1 These Terms of Service constitute the agreement between Therma Shield Solar Control Window Films, LLC ("Therma Shield, or Therma Shield Solar Control") and you as a user who accesses, or otherwise establishes a connection (“user,” “you,” or “your”) to the world wide web sites known as Thermashieldspokane.com and/or Thermashield.biz (individually and collectively, the "Site" and including any sub-domains or other related Therma Shield products and services), which are owned, controlled or managed by Therma Shield Solar Control Window Films, LLC.
1.3 You must be at least 18 years old to use the Service. The only exception is for emancipated minors able to sign contracts in the State of Washington.
1.4 You must agree to abide by all of the provisions in this agreement in order to remain an authorized user of the Site and your use of the Site constitutes your agreement to abide by those provisions. You are solely responsible for your use of the Site and for ensuring that your use complies fully with the provisions of this agreement. Your rights are personal and non-assignable. This means that you will be responsible for the acts of anyone accessing the Site through you.
1.5 Therma Shield reserves the right, in its sole discretion, to change any or all of the provisions of this agreement at any time. Therma Shield will notify users of any material changes by posting them on the Site or through other reasonable means of providing notice. Any changes to this agreement will be effective immediately upon notice to you. Your use of the Site after notice of changes to this agreement will be deemed your acceptance of the changes. Therma Shield reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to the use of the Site.
1.6 IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
2. User Activities and Information on The Site
2.1 You will use the Site and any tools, features, content, material, or information found on the Site solely for lawful, non-commercial purposes. You will not allow any third party to access the Site through your account, upload to, distribute to, or otherwise disseminate through the Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
2.2 You warrant that any material or information that you make available through the Site, including, for example, postings to comment sections and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from making any material or information available through the Site.
2.3 By making any material or information available through the Site, you automatically grant to Therma Shield a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sub-license any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Site, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user’s personal use.
2.4 Therma Shield has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself made available through the Site, and Therma Shield is not responsible for any content of this material or information. However, Therma Shield reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, Therma Shield reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
2.5 Therma Shield reserves the right to collect, use, and distribute demographic data about you and your use of the Site in forms that do not identify you individually or reveal your identity.
2.6 The Site and Services may provide links to other sites or resources. Because we do not review or have no control over such sites and resources, we shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Therma Shield of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third parties websites may have certain restrictions on its use or distribution which differ from this agreement.
3. Rights in Site Content and the Site
3.1 All content provided by Therma Shield on the Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Therma Shield. The Site is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Therma Shield. Any and all trademarks appearing on the Site are the property of Therma Shield Solar Control Window Films, LLC.
3.2 You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Site. You agree that all rights to the Site, content and any derivative work will remain with Therma Shield. You will download copyrighted content solely for your personal use, but will make no other use of the content without the express written permission of Therma Shield and the copyright owner. You will not make any changes to any content that you are permitted to download under this agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content.
4. Disclaimer of Warranties & Limitation of Liability
4.1 YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER THERMA SHIELD, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
4.2 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THERMA SHIELD (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY TOOL, CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THERMA SHIELD (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
You agree to defend, indemnify and hold harmless Therma Shield (and any of its parents, subsidiaries, affiliates, employees, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Site or your breach of any provision of this agreement. Therma Shield reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
6. Notices Between Us
You can contact us by submitting your email message to firstname.lastname@example.org, or sending written communications to Therma Shield, P.O. Box 215, Chattaroy, WA 99003 via USPS. We will contact you at the e-mail address you provide to us, or at a mailing address you provide to us .
Therma Shield may terminate this agreement and your use of the Site at any time. Therma Shield will have the right immediately to terminate your use of the Site in the event of any conduct by you which Therma Shield, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this agreement.
8. Law Governing Performance and Disputes
This agreement, your performance under it, and any disputes arising under it will be governed exclusively by the laws of the United States of America and the State of Washington, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Washington and the United States District Court for the Eastern District of Washington in any and all actions, disputes, or controversies relating to this agreement.
9. General Terms
This agreement and any posted rules on the Site established by Therma Shield constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either Therma Shield or you of any breach or default under this agreement will be deemed to be a waiver of any preceding or subsequent breach or default. This agreement will be binding upon and inure to the benefit of Therma Shield and its successors, trustees, and permitted assigns. Therma Shield may assign this agreement or any of its rights or obligations under this agreement with or without notice to you.
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