When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below ("Terms of Use").
Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use please do not use this site.
Your Right to Use the Site and Its Contents
This Site is only for your use. You may not distribute, exchange, modify, sell or transmit anything you copy from this Site for any other business, commercial or public purpose. As long as you comply with the terms of these Terms of Use, Windbreaker Windows grants you a non-exclusive, non-transferable, limited right to enter, display and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.
Ownership
All materials on this Site, including but not limited to images, software, and text (the "Content"), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content. There are a number of proprietary logos, service marks and trademarks found on this Site. By making them available on this Site, Windbreaker Windows is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
You may download one (1) copy only of the Content to be used only by you for your use. If you download any Content from this Site, you may not remove any copyright or trademark notices or other notices that go with it.
Trademark Notice
Windbreaker Windows is the trademark and service mark of Hepler Construction Company Inc. All other marks used in the Site are the property of their respective owners. By making them available on this Site, Windbreaker Windows is not granting you any license to utilize those proprietary logos, service marks, or trademarks.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others. Sending a message to Windbreaker Windows does not cause Windbreaker Windows to have any special responsibility to you.
Links
This Site may contain links to other Internet sites.
Links - From this site to another Windbreaker Windows provides links to other organizations as a service to our Internet visitors but is not responsible for the information provided in other web sites.
Links from this Site to any other site do not mean that Windbreaker Windows approves of, endorses or recommends that site. Windbreaker Windows disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Windbreaker Windows makes no representations whatsoever about any other Web sites that you may access through this Site. When you access a non-Windbreaker Windows site, please understand that it is independent from Windbreaker Windows, and that Windbreaker Windows has no control over the content on that Web site.
A hyperlink to a non-Windbreaker Windows Web site does not mean that Windbreaker Windows endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses and other items of a destructive nature. If you decide to access any of the third part sites linked to this Site, you do this entirely at your own risk.
Links - From another site to this site
Persons may not copy any of the materials from this Site onto your own Web server without prior written permission. Nor may you link to isolated elements on this Site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) without prior written permission. Any such copying or isolated linking will be considered a violation of copyright and could subject you to legal action.
Availability/Liability of Services
The services displayed on the Site may not be available for purchase in your particular locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location.
Services will only be available from Windbreaker Windows when such provide professional services are set forth in written proposals that incorporate Windbreaker Windows professional services terms and conditions. You and Windbreaker Windows may make additions to the Scope of Services by mutual agreement.
Windbreaker Windows’s Right to Change Terms and Conditions of Use and/or Content on the Site
Windbreaker Windows may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating you acceptance of those changes. Windbreaker Windows may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Indemnification
You agree to indemnify, defend and hold Windbreaker Windows and all of its agents, directors, employees, and officers, (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in Windbreaker Windows’s' defense of any claim. Windbreaker Windows reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without written consent of Windbreaker Windows.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." THE CONTENT ON THIS SITE, WINDBREAKER WINDOWS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO WINDBREAKER WINDOWS’S NEGLIGENCE, SHALL WINDBREAKER WINDOWS’S BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCEDENTAL, INDIRECT, PUNTIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF WINDBREAKER WINDOWS OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATON OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WINDBREAKER WINDOWS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHTHER IN CONTRACRT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $250.00.
Termination
Windbreaker Windows reserves the right, in its sole discretion, to terminate your access to the Site, with or without notice.
General Provisions
These Terms Use and any additional terms posted on this Site together constitute the entire agreement between Windbreaker Windows and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Maryland, United States of America, without reference to its conflicts of law rules.
