The Legal Stuff
Welcome to www.tigerwindowfashions.com ("Site"), the official website for products and services offered by Tiger Window Fashions Corporation, which is owned and operated by Tiger Window Fashions Corporation ("Tiger Window Fashions" or "we" "our" or "us"). The following is important information regarding this Site, Tiger Window Fashions' copyright to its contents and the terms for your use of the Site. These Terms of Use govern your use of the Site. Registration and certain other information submitted by you are subject to our applicable Privacy Policy, the terms and conditions of which are expressly incorporated herein by this reference. For more information, see Tiger Window Fashions' full Privacy Policy for this Site at www.tigerwindowfashions.com.
You understand that through your use of this Site, as well as any of the products and services offered on this Site (the "Services"), you consent to the collection and use (as set forth in the applicable Privacy Policy) of this information, including the transfer of this information for storage, processing and use by Tiger Window Fashions and its affiliates.
We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on this Site and update the "Last Updated" date above to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.
If you want to use this Site, carefully read this Terms of Use. It constitutes a written agreement between you and Tiger Window Fashions and it affects your legal rights and obligations.
By using this Site you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms of Use). Accessing the Site, in any manner, whether automated or otherwise constitutes use of the Site and your agreement to be bound by these Terms of Use.
Tiger Window Fashions reserves the right to change, add, or delete any portions of the Terms of Use from time to time, without liability or prior notice to you, and your continued use of the Site constitutes your acceptance of and agreement with any and all such changes. It is your responsibility to regularly check the Site to determine if there have been changes to the Terms of Use and to review such changes. If you do not agree to abide by these or any future Terms of Use, please do not access or use (or continue to access or use) the Site.
This Site and the content including but not limited to the layout, color schemes, URL's, photos, drawings, images, catalogs, advertisement, videos and sound and all intellectual property rights included in or associated with the Site, including, but not limited to patents, copyrights, trademarks, service marks, logos and trade secrets (collectively "Content") are either owned by Tiger Window Fashions or owned by others and licensed to us. All right, title and interest in and to the Site and such Content remains with us or our licensors, as applicable.
Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, you may not make use of any such Content on or outside of the Site that you do not have a pre-existing legal right, title or interest in, including, without limitation, utilizing, copying, distributing, re–publishing, uploading, removing, posting, creating or attempting to create any derivative works, modifying, reverse–engineering, or transmitting any such Content, unless expressly authorized in these Terms of Use. Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Site or in the Content. You may, however, from time to time, download and/or print material found on the Site for your personal use and/or to learn about Tiger Window Fashions products, provided that you keep intact all copyright, trademark registration and other proprietary notices. You agree not to access the Site by any means other than through the interface Tiger Window Fashions provides via the Site for use of the Site.
Tiger Window Fashions prohibits unauthorized links to the site and the framing of any information contained on the site or any portion of the site. Tiger Window Fashions reserves the right to disable any unauthorized links or frames. Tiger Window Fashions has no responsibility or liability for any material on other web sites that may contain links to the site.
If you are a dealer we may ask you to provide certain information including your mailing address and shipping address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
If you are a dealer to use certain features of our Site you will need a user name and password, which you will receive through the Site's registration process. We reserve the right to terminate the use of any user name or account, or to deny access to the Site or any features of the Site, to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Tiger Window Fashions may immediately suspend or terminate the availability of the Site and Content (and any elements and features of them) for any reason, in Tiger Window Fashions' sole discretion, and without advance notice or liability.
This Terms of Use and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Site. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Tiger Window Fashions and its licensors and other third parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.
If you have any customer care questions related to our products or services, then as a resource please contact us at [support@tigerwindowfashions.com] or 1-877-835-5036.
You acknowledge that Tiger Window Fashions also reserves the right to log off or delete dealer accounts that are inactive for an extended period of time. You further acknowledge that Tiger Window Fashions reserves the right to modify these general practices and limits from time to time.
The Site may contain links to third–party websites not under our control or operation. Tiger Window Fashions or users may provide any such links only as a convenience; Tiger Window Fashions does not endorse and is not responsible for or have control over the contents of any linked site or any link contained in a linked site. The Site may contain news, advertisements, content and information published by various third–party providers. Use of any such third–party content may be conditioned upon such third party's terms and conditions. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.
Additional terms and/or conditions (e.g. Tiger Window Fashions' standard terms and conditions) may apply to specific areas of the Site or Site functionality, and you agree to abide by such other terms and conditions.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Site and its Content and (ii) release of information to and retrieval of information from the Site. To the extent that any applicable taxes, duties, or other fees apply to your use of the Site, you are responsible for all such payments. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information contained in the Site, as applicable, to any applicable government agencies, all without liability to us. Without limiting the foregoing rights, you consent and agree that Tiger Window Fashions may access, preserve and disclose your account information and any submission if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for legitimate business purposes, including without limitation, to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to requests for customer care; or (iv) protect the rights, property or personal safety of Tiger Window Fashions, its users, and/or the public.
You agree to indemnify, save, defend, reimburse and hold Tiger Window Fashions, its officers, directors, employees, and representatives harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees), etc. resulting from: (i) your use of the Site; (ii) your breach of any provision of these Terms of Use; and/or (iii) your violation of any rights of another, whether by action or omission.
You acknowledge and agree that Tiger Window Fashions, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Site, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Site and/or its features.
Tiger Window Fashions employs a design and engineering staff whose responsibilities include the development of new ideas. As a result, Tiger Window Fashions does not accept any unsolicited ideas or materials for products or services, or even improvements to products or services ("Unsolicited Ideas and Materials"). Do not send to Tiger Window Fashions (even within any of your User Generated Content that we may request), in any form and by any means, any Unsolicited Ideas and Materials.
Your relationship with Tiger Window Fashions is not a confidential, fiduciary, or other type of special relationship and your Unsolicited Ideas and Materials, and anything else submitted by you will be treated as non-confidential and non-proprietary User Generated Content — regardless of whether you mark them "confidential", "proprietary", or the like. Tiger Window Fashions will not assume any responsibility, obligation, or liability for the receipt or non-receipt of any of the foregoing or for the loss or destruction of any of the foregoing. Therefore, your decision to submit any Unsolicited Ideas and Materials to Tiger Window Fashions does not place Tiger Window Fashions in a position that is any different from the position held by members of the general public with regard to your Unsolicited Ideas and Materials.
Tiger Window Fashions' receipt of your Unsolicited Ideas and Materials is not an admission by Tiger Window Fashions of their novelty, priority, or originality, and it does not impair Tiger Window Fashions' right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
The site attempts to display product images shown as accurately as possible. However, we cannot guarantee that the color you see identically matches the product color because the display of the color depends, in part, upon the computer monitor you are using. All features, specifications and prices of products described on the Site are subject to change at any time without prior notice.
Further, we attempt to provide up to date information regarding the availability of our products and the applicable pricing. Despite these efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. For example, certain products may be unavailable, may have different attributes than those listed, or have a different price than stated on the Site. In addition, we may make changes in information about price and availability without notice. In the event of a pricing error on the Site, we reserve the right to cancel any orders resulting from such pricing errors. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
TIGER WINDOW FASHIONS PROVIDES THE SITE AND ALL INFORMATION, CONTENT, USER GENERATED CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. TIGER WINDOW FASHIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE SITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE SITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE SITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, TIGER WINDOW FASHIONS DOES NOT WARRANT THAT THE TIGER WINDOW FASHIONS SITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE TIGER WINDOW FASHIONS SITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE SITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY.
TIGER WINDOW FASHIONS SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT, MERCHANDISE AND EXPERIENCES PROVIDED VIA THE SITE. TIGER WINDOW FASHIONS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, OR PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF TIGER WINDOW FASHIONS HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY TIGER WINDOW FASHIONS. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, TIGER WINDOW FASHIONS'S TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.
These Terms of Use shall be governed by and construed and enforced in accordance with the internal substantive laws of the State on New York, without regard to its conflicts of laws principles. Except for claims for injunctive or equitable relief regarding intellectual property rights (which may be brought in any state or Federal court of competent jurisdiction located in New York), any claim, dispute or controversy arising out of, relating to or concerning the Site, the Service, and/or these Terms of Use will be decided by binding arbitration before a single arbitrator in accordance with the Rules of the American Arbitration Association. Any claim must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, with Tiger Window Fashions and you each bearing its and your own costs and legal fees related to the arbitration, regardless of whether you or Tiger Window Fashions prevails. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred. The place of any such arbitration shall be Babylon, New York and you hereby expressly agree that it shall be the sole site of any such arbitration. Judgment upon any award of the arbitrator may be entered by any court having competent jurisdiction located in Suffolk County, New York, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of such courts for this limited purpose. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law. If any part of these Terms of Use as written is held to be invalid or unenforceable, that part, if possible, is to be construed to the fullest extent that would be deemed valid or enforceable, and all remaining portions of the Terms of Use shall remain in full force and effect.
Dealers or other recipients of free or purchased merchandise from Tiger Window Fashions are responsible for all applicable taxes and duties (including, but not limited to, country–specific import duties and taxes). Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. By offering this Site, the Services, and any information, products or other content through the Site and/or Services, Tiger Window Fashions does not purport to distribute to or solicit you or any person to use the Site, Services or such information, products or other content in jurisdictions where providing such is prohibited by law. You agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. You also agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof. If you have any problems, questions, suggestions or complaints about these Terms of Use or the Site, please contact us at support@tigerwindowfashions.com.
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