PLEASE READ “TERMS OF USE” and “PRIVACY POLICY SECTIONS” CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE AS DESCRIBED IN THE “TERMS OF USE” and “PRIVACY POLICY” SECTIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.



TERMS OF USE

 

1. General.

This site is owned and operated by Global Window Partners Inc. (GWP) has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site.


2. Equipment.

You shall be responsible for obtaining and maintaining all computer hardware and other equipment needed for access to and use of the site and all charges related thereto.


3. Restrictions on Use.

A. You shall use the site for lawful purposes only. You shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, abusive, threatening, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without GWP's express prior approval, you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other online services competitive with the site. Any conduct by you that in GWP's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.

B. The site contains copyrighted material, trademarks and other proprietary information by their respective owners.

C.
NO WARRANTIES; LIMITATION OF LIABILITY; DISCLAIMER OF DAMAGES

THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.


THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GWP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


IN NO EVENT WILL GWP, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL GWP TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.


4. Monitoring.

GWP shall have the right, but not be obligated, to monitor the content of the site, to determine compliance with these conditions of use and any operating rules established by GWP and to satisfy any law, regulation or authorized government request. GWP shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, GWP shall have the right to remove any material that GWP, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.


5. Indemnification.

You agree to defend, indemnify and hold harmless GWP and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site.

 

6. Trademarks.

GWP logos are trademarks of GWP All rights reserved. All other trademarks appearing on the site are the property of their respective owners.


7. Viruses.

GWP also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.


8. Changed Terms.

GWP has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.


9. Miscellaneous.

These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of California, acknowledge that venue is proper in any state or Federal court in the State of California, agree that any action related to these terms of use must be brought in a state or Federal court in the State of California, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

 


Privacy Policy

 

A. Our Commitment To Your Privacy

GWP and its subsidiaries and affiliates (“GWP”) are committed to respecting your privacy, and providing a secure environment in which you can participate in on-line activities is important to us. This Policy discloses our privacy practices and expresses our commitment to keeping you informed of the information we collect and how it is used. We ask that you take time to read it carefully. We may update this Policy from time to time to reflect new uses, rules, regulations or technologies that impact your privacy. We recommend that users review our Policy on a routine basis to view any changes.

B. The Information We Collect And How It Is Used

You make the decision whether or not to proceed with any activity that requests personal information, but please be aware that if you choose not to provide the information requested, you may not be able to complete certain transactions with GWP.

Sometimes, such as when you register for a service, order a product, or make other inquiries, we will ask for specific information about you in order to provide that product or service to you. We will need certain personally identifiable information such as name, contact and billing information.


In order to tailor subsequent communications to you and to continually improve GWP offerings, we may also ask you to provide information regarding your personal or professional interests, demographics, past experience with GWP products and services, and detailed contact preferences. We do, however, provide our users a choice as to whether or not they would like to receive these communications. Please see our Choice and Opt-In section.


Users may from time to time receive up-to-date information on products and services via our e-mail newsletter. Again, out of respect for your privacy, we give users the choice to opt-in to receiving these communications. Please see our Choice and Opt-In section.


We may also periodically conduct business and individual user surveys because they provide us with important information that helps us to improve our products and services. Participation in such surveys is completely voluntary and you, therefore, have a choice whether or not to disclose this information. Any personal information submitted in response to a survey will remain strictly confidential.


Data you submit online may also be combined with other information you provide through other means of communication, such as postal mail.


Some GWP Web pages use cookies. Cookies are small data files that are transferred from a Web server to your browser. This file contains information that may later be read back by the Web server for record keeping purposes. Use of cookies is standard on the Web and can improve the service a Web site provides to you because content can be prepared to suit your preferences. Cookies are useful, for example, to facilitate a regular visitor's use of a site by eliminating the need to repeatedly type in a password, and to store preferences on a personalized site. This type of information is not used to personally identify an individual, and you remain anonymous. You may modify your browser to reject cookies or to notify you whenever a cookie is sent to your hard drive. If you reject a cookie sent by GWP, you may still access the site, but such access may be limited.


C. Choice/Opt-In

We will not use your personal information for purposes not directly related to products and services you've requested unless you direct us to do so by opting-in at the point where the information is collected.


D. Sharing Of Information

Unless GWP has your permission or is required by law, GWP will not sell, rent, lease or otherwise provide your personally identifiable information to others, except in order to provide you with the products and services you request. GWP will only share the personal data you provide online with other GWP entities and/or outside contractors who may be used to ship products, provide technical support, handle order processing, or otherwise act on GWP's behalf for the purpose of providing products and services.


Please remember that when you submit information to a discussion group or some other public forum, the information submitted will be deemed public information and will not be considered confidential.


E. Links

GWP may provide you with links to other sites. Please be aware that GWP is not responsible for the privacy practices of these sites. GWP does not endorse them or make any representations about them or any information, services, products or materials found on them. If you decide to access any of the third party sites through links, we strongly encourage you to read their privacy statements.


F. Data Security

GWP is committed to ensuring the security of your information. We use encryption technology, privacy protection controls and restrictions on employee access in order to safeguard your personal information. Because GWP is a global company, we may provide company information to our worldwide offices. The personal information you provide may be transferred to other GWP offices around the world. Also, in certain countries, GWP's outside contractors might undertake the collection, transferring and storage and processing of your information. Every GWP employee must abide by our Privacy Policy. Only authorized employees will have access to your personal information and such access is limited to a need-to-know basis. If, for example, you call us with a concern or complaint, the GWP representative is allowed to access the personal information that s/he requires to address your particular concern.


G. How To Access And Correct Your Information

GWP strives to keep your personally identifiable information accurate and up-to-date. Should you find inaccuracies in your personally identifiable information, please contact us through one of the communication methods described below in Section I.


H. Notification Of Changes

GWP reserves the right to make changes to this privacy policy. If we make any changes that result in the use of personally identifiable information in a manner different from that stated at the time of collection, we will first notify you via e-mail and provide you with the choice as to whether or not you will allow us to use your information in this different manner. In the event there is a material change in our privacy practices that does not affect user information already stored in our database, a notice will be posted on our web site notifying all users of the change.


I. Contacting Us With Comments

We welcome your comments. Should you have any questions or concerns about our Privacy Policy, please contact us: via e-mail at info@gwpartners.com. If you feel that GWP is not abiding by this privacy policy, you should first contact us by the means listed above.