a. The http://miwindows.com web site and all associated web pages (collectively, the “MI Site") is the property of MI Windows and Doors, LLC. (“MI,” “we” or “us).
b. The terms “you” or “your” refer to the user or viewer of the MI Site.
3. OWNERSHIP AND COPYRIGHT.
a. The MI Site contains material which is our property (or the property of our business partners and/or licensed to us) regarding brands, products, prices, services and promotional programs, including advertising, trademarks, video, images, featured articles, surveys, applications, contests, sweepstakes, or other information and content (collectively, "Content"), each of which (whether registered or not) is protected under copyright law and/or other federal and state laws.
b. The MI Site is copyrighted as a collective work under the United States copyright laws. We own the copyright in the overall design, layout, appearance, selection, coordination, arrangement and enhancement of such content, and own the rights in (or license to use) the individual components of such content. Content may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, except that you may view and print the Content for your personal use only or in order to do business with MI. [Certain specific Content may be downloaded to assist you in doing business with MI, and such downloadable Content will be clearly marked]. This limited authorization is not a transfer of title in the Content and, by your use of the MI Site, you acknowledge that you do not acquire any license, ownership or other rights to the Content or intellectual property. MI does not grant any express or implied right or license to you under any patent, trademark, copyright, trade secret, or any other intellectual property displayed on, connected to, or related to our Site.
c. Use or modifications of the Content, other than to do business with MI, without our authorization may be a violation of our copyright, trademark and other proprietary rights or the rights of others, and may violate other laws, including but not limited to, the laws of privacy and publicity and communications regulations and statutes. The use of any of our Content on any other web site without our express written consent is prohibited.
d. We reserve the right to enforce our intellectual property rights to the fullest extent of the law including, but not limited to, recovery for any damages and any associated legal and other costs incurred by us and criminal prosecution when and where appropriate.
e. All registered trademarks are registered in the United States of America or other applicable jurisdictions.
4. USER CONTENT
b. We are free to use any Communications for any purpose whatsoever including but not limited to publishing them and or developing, manufacturing, and marketing products using them. By submitting Communications to us through this website, through e-mail, or through any means other than through the formal procedures for idea submission, you hereby release us from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications.
c. By uploading or otherwise providing any Communications to the MI Site or to us, you hereby grant us, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded Communications have been waived.
d. Notwithstanding the foregoing, we will use reasonable efforts to direct Geiger Catalog merchandising, our retail business partner, to keep order and payment information you submit to https://miwd.geigershops.com (“Order Information”) confidential, and we will use the Order Information only to do business with you.
5. SUBSCRIBING, INTERACTIVE AREAS, PERMITTED USES AND CODE OF CONDUCT
a. To gain access to certain web pages or other interactive portions of the MI Site, you may have to provide us with certain information using the registration tools provided.
b. Subscribers will be required to register a user name and password to access relevant portions of our website. At your initial log-in you may be requested or required to reset your password. Thereafter, you may change your password at any time by updating your account settings. You are responsible for keeping your user name and password secure and confidential. You should not share, display, disclose or permit your user name and password to be disclosed to any other party. If your user name and password is disclosed or discovered by another party, you should contact us immediately by sending an email to Marketing@miwd.com. You are responsible for use of the MI Site when access is obtained through the use of your user name and password, whether authorized or unauthorized.
c. You agree not to impersonate any other person or entity or use any false name or use any other person's user name and password to access the MI Site. We reserve the right to withdraw or cancel user names and passwords at any time without notice and in our sole discretion. We may allocate a new user name and password where we have reason to believe that any user name and password has been inappropriately disclosed, discovered, used or misused by any anybody, or for any other reason.
d. We cannot always filter, censor, edit or regulate information and content provided by third parties on the MI Site, including Communications provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. However, we reserve the right to remove or delete any anything you disclose or offer to us by or through the MI Site, including email, postings, product ratings or reviews which we find offensive, abusive, infringing or undesirable for any reason in our discretion.
e. You must use the MI Site for lawful purposes only. When participating in interactive portions of the MI Site, you represent that you are at least thirteen (13) years old, have proper right and authorization to use any information or content you upload or post, and you agree to abide by the following code of acceptable conduct.
i. You agree that any information you provide through interactive areas of the MI Site will be accurate and truthful.
ii. Any conduct by you that, in our opinion, restricts or inhibits any other user from using or enjoying the MI Site will not be permitted.
iii. The framing, mirroring, scraping or data-mining of the MI Site or any of its contents in any form or by any method (using bots or otherwise) is strictly prohibited.
iv. Removing any copyright, proprietary rights, or restrictive legends, or bypassing or disabling any protection that has been put in place against unlicensed use of Third-Party Materials is prohibited.
v. You shall not post or transmit through the MI Site any information or material that:
1. violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy, proprietary or publicity rights, vulgar, obscene, profane, harassing or otherwise objectionable to us in our absolute discretion;
2. could cause or introduce a software virus, denial-of-service, or other disruptive program;
3. encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, or is in violation of these Terms;
4. contains any advertising or any solicitation not approved in advance by MI; or
5. otherwise violates any of these Terms.
f. If MI becomes aware that your use of the MI Site violates any provision of these Terms, MI may investigate such use and determine whether to suspend, delete, or take any other action to enforce these Terms. MI will not be liable for damages incurred because of its actions to enforce these Terms.
6. THIRD-PARTY CONTENT, PRODUCTS AND SERVICES AND LINKS.
a. The MI Site may contain links to other Web sites ("Third-Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, quotes, applications, software and other content or items belonging to or originating from third parties (the "Third-Party Materials"). We do not investigate, monitor or check Third-Party Sites or Third-Party Materials for safety, accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness, and we have no control or responsibility for any Third-Party Sites accessed through the MI Site, or for any Third-Party Materials posted on, available through or installed from the MI Site, including without limitation, the content, accuracy, offensiveness, appropriateness, opinions, reliability, legality, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Materials. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Materials does not imply approval or endorsement thereof by us.
7. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
a. Materials may be made available via the MI Site by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright or intellectual property rights to remain on the MI Site. If you believe any materials on the MI Site infringe a copyright or other intellectual property right, you should provide us with written notice that at a minimum contains:
i. A physical or electronic signature of the copyright holder or authorized representative;
ii. Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work;
iii. Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit MI to locate the material;
iv. Your name, address, telephone number and, if available, e-mail address;
v. A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law; and
vi. A statement that the information that you have supplied is accurate and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
8. DISCLAIMER OF WARRANTIES.
a. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET IN GENERAL. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE OR ANY OTHER EQUIPMENT OR ANY CORRUPTION, UNAUTHORIZED ACCESS TO OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE MI SITE. YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF VISITING THE MI SITE. MI HAS NO LEGAL DUTY TO UPDATE OR CORRECT INFORMATION ON THIS WEBSITE OR THE INTERNET IN GENERAL.
b. THE FUNCTIONS OF THE MI SITE AND ANY THIRD PARTY MATERIALS AVAILABLE ON OR VIA THE MI SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH REGARD TO THE WEB SITE.
c. MI HAS ATTEMPTED TO PROPERLY DISPLAY THE COLORS AND PROPORTIONS OF OUR PRODUCTS SHOWN ON THE MI WEBSITE. HOWEVER, COLORS AND PROPORTIONS MAY NOT APPEAR ACCURATELY DEPENDING ON YOUR MONITOR AND OTHER EQUIPMENT. MI DOES NOT GUARANTEE THE ACCURACY OF ANY COLORS AND PROPORTIONS YOUR MONITOR DISPLAYS.
d. WHILE WE USE REASONABLE EFFORTS TO SEE THAT ALL INFORMATION ON THE MI SITE REGARDING MI PRODUCTS IS ACCURATE IN ALL MATERIAL RESPECTS, THE MI SITE MAY CONTAIN ERRORS, INACCURACIES OR OMISSIONS. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRODUCT AVAILABILITY, DESCRIPTION, SPECIFICATIONS, PRICING, INSTALLATION, CARE AND MAINTENANCE. THEREFORE, WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR MATERIALS ON THIS SITE, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. THE SOLE PROMISE OF MI WITH RESPECT TO THE ATTRIBUTES OR PERFORMANCE OF ITS PRODUCTS IS FOUND EXCLUSIVELY WITHIN THE APPLICABLE WRITTEN MI WARRANTY FOR THE SPECIFIC PRODUCT. SEE SECTION 9 OF THESE TERMS REGARDING CHANGES IN PRODUCT INFORMATION AND PRODUCT RETURNS.
e. WE MAKE NO WARRANTIES THAT THE MI SITE OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO THIRD PARTY CONTENT, OR OTHER INFORMATION OR MATERIALS OBTAINED ON OR THROUGH THE MI SITE, WILL MEET YOUR REQUIREMENTS, OR THAT THE MI SITE WILL BE AVAILABLE WITHOUT INTERRUPTION, OR TIMELY, SECURE, NON-INFRINGING, VIRUS-FREE OR ERROR-FREE. IN NO EVENT WILL MI BE RESPONSIBLE FOR DAMAGES OF ANY NATURE RESULTING FROM THE USE OF OR RELIANCE UPON THE INFORMATION PROVIDED HEREIN.
f. THE SUBMISSION OF ANY COMMUNICATIONS, AND ANY DOWNLOAD OR UPLOAD OF INFORMATION OR MATERIAL TO OR FROM OUR SITE MUST BE DONE AT YOUR OWN RISK. MI, ITS AFFILIATES AND OUR OFFICERS, EMPLOYEES, DIRECTORS AND AGENTS ARE NOT RESPONSIBLE FOR ANY HARM WHICH MAY OCCUR TO YOUR OR ANYBODY ELSE'S COMPUTER SYSTEM, FILES OR DATA WHICH MAY OCCUR FROM ANY UPLOAD OR DOWNLOAD FROM OR USE OF OUR SITE OR ANY THIRD PARTY SITE, YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OR USE OF OUR SITE OR ANY THIRD PARTY SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES INCLUDING, WITHOUT LIMITATION, ANY HARM RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, LINKING TO THIRD PARTY SITES, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OR MISUSE OF ANY COMPUTER OR SYSTEM.
g. MI, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, DIRECTORS AND AGENTS DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION YOU PROVIDE OR TRANSMIT TO OR FROM OUR SITE OR ANY THIRD PARTY SITE, AND YOU HEREBY ASSUME THE RISK OF ANY SECURITY BREACHES, CAUSED BY US OR THIRD PARTIES AFFECTING INFORMATION YOU PROVIDE THROUGH, TO OR FROM OUR SITE OR ANY THIRD PARTY SITE.
h. UNDER NO CIRCUMSTANCES WILL WE, OUR OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES OR SUBSIDIARIES OR OTHER THIRD PARTIES MENTIONED IN, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OR USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, LINKING TO OTHER WEB SITES, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OR MISUSE OF ANY COMPUTER OR SYSTEM) WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
i. To the extent some jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply to you.
9. CHANGES IN PRODUCT INFORMATION
a. We reserve the right to update all information regarding MI products, including but not limited to, descriptions of the products and their use, general care and maintenance guidelines, product installation guidelines, and published product information sheets, whenever MI deems appropriate, including after orders are placed. Please review all product information carefully and check the MI Site periodically for updated information. You are solely responsible for determinations as to suitability of MI products for your purposes prior to use.
b. If a material change in product information is made after an order is placed, and before installation or use, the product may be returned for a full refund in accordance with MI’s return policy. We apologize for any inconvenience this may cause you.
10. PRODUCT SALES
a. You may be able to purchase MI products online at the MI store, located at https://miwd.geigershops.com. All MI products are sold subject to MI’s standard Terms of Sales and the applicable MI end user product warranties located at https://miwindows.com/why-mi/the-mi-warranty.
11. MISCELLANEOUS TERMS
a. These Terms shall be governed by the laws of the Commonwealth of Pennsylvania without giving effect to any principles of conflict of laws. By using the MI Site, you agree to bring any claim or suit in, and submit to the exclusive jurisdiction of the Court of Common Pleas of Dauphin County, Pennsylvania or the United States District Court for the Eastern District of Pennsylvania. Any cause of action you may have with respect to your use of the MI Site must be commenced within one (1) year after the claim or cause of action arises.
b. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion hereof, to be unenforceable, that provision or portion thereof shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
c. These Terms constitute the entire agreement between you and us with respect to your use of the MI Site. The Terms of the MI Site do not alter the provisions of any other type of express written agreement manually signed by you and us.
Effective: May 17, 2016