Herschberger Windows, Inc. (“HWI”) is pleased to give you access to its web site (the “Site”), free of charge. Your use of the Site, and all information, products and services on this Site (collectively, the “Services”) are subject to the binding legal terms set forth below (“Terms”). You understand we may update these Terms from time to time without giving you any notice. By using this website, you agree to each of the terms set forth below. If you disagree with any part of these terms and conditions, do not use this website.
Limitations of Liability
The information on this website is provided free of charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
While it is our goal to ensure that the information on this website is correct and up-to-date, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept updated.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Use of This Website
You may use the Services on the Site for your personal use. You may view, download for caching purposes only, and make a single copy of the individual screens you see when you use the Site, but only for your personal use, and not for further distribution or transfer to others. You may not – and agree to not – modify, reformat, reproduce, duplicate, copy, display, distribute, transmit, publish, license, create derivative works from, transfer, sell, resell or otherwise exploit our website or material or information obtained from our website for any commercial purpose, except as set forth in this Agreement, without our written consent. Additionally, you agree to not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system. You must not use our website for any purposes related to marketing without our express written consent. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
No License Granted
Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of HWI. You understand that you have no rights to the services or any other HWI property except as indicated in this Agreement.
Intellectual Property Rights
Unless otherwise stated, we or our licensees own the intellectual property rights in the website and material on the website. Subject to the license below, all our intellectual property rights are reserved.
All product trademarks and copyrights (including but not limited to HWI, etc.) remain the property of their respective owners.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
HWI strives to create a safe place for children on the Internet and over the airwaves. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist parents in limiting access to content that may be harmful to minors.
Disclosure of Your Identity
You understand that you are personally responsible for your behavior while on the Site, and agree to indemnify and hold HWI and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys’ fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of or access to the Site, or your violation of either these Terms or the rights of any third party.
Disclaimer of Warranties
You understand that your use of the services (including any downloads and any loss of data or other damage to your computer system you experience from using this Site) is at your sole risk. You understand that the services and all information, products and other content, including third party information, products and content, included in or accessible from the Site, are provided on an “as is” and “where available” basis, and are subject to change at any time without notice to you. You understand that no warranty of any kind, whether oral or written, can modify the terms of the disclaimer set forth in this document.
To the maximum extent permitted by law, HWI disclaims all representation, warranties and conditions of any kind, be they express, implied, statutory or otherwise, including but not limited to the warranties of merchantability and fitness for a particular purpose, title and non-infringement of proprietary rights, as to the services and all information, products and other content, including third-party information, products and content, included in or accessible from the Site.
To the maximum extent permitted by applicable law, in no event with HWI or its affiliates be liable to you or any third party making claims through you, for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods or services, unauthorized access to and tampering with your personal information or transmissions, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of the site or the services, even if HWI has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise.
Access Restrictions; Termination; Variation of Terms
We can terminate your access to the Site or the Services at any time.
We may also revise these Terms at any time, and your continued use of the Services after any change we make will mean that you agreed with the changes. If you do not agree to any change, do not use this site in any manner for any purpose. Please check this page regularly to ensure you are familiar with the current version.
In order to ensure that you have the latest information, product availability, and dealer listings, HWI will update our website occasionally. However, there may be other delays and service interruptions from time to time. We apologize for any inconvenience this may cause you. Please check back, as we intend to have any website issues resolved very quickly.
Copyrights and Trademarks
All content on the Site is owned by HWI and/or its licensees and protected by applicable law, with all rights reserved. HWI will terminate your access to, or use of, the Site and/or the services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others.
If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Illinois, without regard to any choice of law provisions.
The full name of our company is Herschberger Windows, Inc., 623N CR 250E Tuscola, IL 61953. You can contact us by phone at: (217) 543-2106.