Terms of Use
Welcome to our website, a site managed and maintained by Don's Drapery Service and Hunter Douglas, Inc. Don's Drapery Service is an independent, authorized dealer of Hunter
Douglas products.
If you visit this website you accept the terms and conditions set forth herein ("Terms of Use"). Don's Drapery Service and Hunter Douglas operate this site to provide online access to information about the products and services we each provide. These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement" and govern your use of this site.
Don's Drapery Service and Hunter Douglas reserve the right to modify this Agreement at any time without giving you prior notice. Your use of the site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
1. Use of Site
You may use the site, information, writings, images and/or other data that you experience on the site, referred to as "Content", solely for non-commercial, personal purposes and/or to learn about Don's Drapery Service orHunter Douglas products and services. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material. Don's Drapery Service and/or Hunter Douglas retain complete title and full intellectual property rights in and for all Content. You may not use, modify, copy, distribute, transmit, or derive another work from any Content obtained from the site except as expressly permitted by these Terms of Use. Additionally, no right, title or interest in any Content is transferred to you as a result of using the site.
2. Privacy Policy
Don's Drapery Service and Hunter Douglas respect your privacy. Please review our Privacy Policy to understand our practices.
3. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Don's Drapery Service and/or Hunter Douglas and/or each of their
respective partners, affiliates, contributors or third parties. Copyrights associated with specific Content are owned by Don's Drapery Service and/or Hunter Douglas and/or other copyright owners who have authorized their use on the site. You may download and reprint Content for non-commercial, non-public, personal use only.
4. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the site without permission from the trademark owner, except as permitted by applicable law.
5. Links to Third-Party Web Sites
From time to time, Don's Drapery Service and Hunter Douglas may provide links to third party web sites. This information is provided solely as a convenience to you. If you use third party links you will leave the site and be subject to the terms of use and privacy policy applicable on those web sites.
Neither Don's Drapery Service nor Hunter Douglas control third party sites and therefore are not responsible for the content of any third party website or any link contained in any third party website. By using the site to link to another website, you agree and understand that you may not make any claim against Don's Drapery Service or Hunter Douglas for any damages or losses resulting from your use of the site to link to a third party website.
6. Links From Third-Party Web Sites
Don's Drapery Service and Hunter Douglas prohibit unauthorized links to the site and the framing of any information contained on the site or any portion of the site. Don's Drapery Service and Hunter Douglas reserve the right to disable any unauthorized links or frames. Don's Drapery Service and Hunter Douglas have no responsibility or liability for any material on other websites that may contain links to the site.
7. User Conduct
You agree to use the site only for lawful purposes. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content. You additionally agree not to use the site in any way that might interfere with the rights of other users or third parties.
8. User Supplied Information
If you supply or post any “non-personally identifiable” (as defined in our Privacy Policy) information or material to the site, you guarantee to Don's Drapery Service and Hunter Douglas that you have the legal right to post such material and that
such posting does not violate any law or the rights of any person or entity. For any information you do send, post or submit to the site, you hereby grant Don's Drapery Service and Hunter Douglas an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the same, and agree that Don's Drapery Service and Hunter Douglas are free to use any ideas, concepts, know-how or techniques that you send Don's Drapery Service or Hunter Douglas for any purpose whatsoever without compensation to you or any other person sending such information, and you represent and warrant that you own or otherwise control all of the rights to such information and that public posting and use of your content by Don's Drapery Service or Hunter Douglas will not infringe or violate the rights of any third party. [Any “personally identifiable” information that you submit to us shall be treated in accordance with our Privacy Policy.]
9. Product Display/Colors
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, electronic device, or various other viewport settings you may be
using.
10. Disclaimer and Limitation of Warranties
Neither Don's Drapery Service nor Hunter Douglas make any express or implied warranties, representations or endorsements whatsoever with respect to the site or the content. Don's Drapery Service and Hunter Douglas expressly disclaim all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the content, and any product furnished or to be furnished via the site. Don's Drapery Service and Hunter Douglas do not warrant that the functions performed by the site will be uninterrupted, timely, secure or error-free, or that defects in the site will be corrected. Don's Drapery Service and Hunter Douglas do not warrant that this site, its servers, or e-mail sent from Don's Drapery Service or Hunter Douglas are free of viruses or other harmful components. Don's Drapery Service and Hunter Douglas do not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, and the content are provided on an "as is" and "as available" basis. If you are dissatisfied with the site, the service, the content, or with the terms of use your sole and exclusive remedy is to discontinue using the site. Neither Don's Drapery Service nor Hunter Douglas, nor any of their
respective affiliates, shall be liable for consequential, punitive, special, exemplary or incidental damages. Your exclusive remedy for product claims (including breach of warranty, negligence and strict liability) is limited to having the option of replacement or repayment of the purchase price paid for the products that are the subject of the claim. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, Don's Drapery Service and Hunter Douglas's
collective liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00.
11. Indemnification
You understand and agree that you are personally responsible for your behavior on the site. You agree to indemnify, defend and hold harmless Hunter Douglas and Don's Drapery Service,
and each of their
respective affiliated companies, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the site or the Content, or any violation by you of this Agreement.
12.
Relationship of
Parties
Don's Drapery Service and Hunter Douglas are independent contractors, and Don's Drapery Service is
not an agent, partner, joint venture or employee of Hunter Douglas.
13. Governing Law
This Site is provided by Hunter Douglas from its offices in New York . Hunter Douglas makes no representation that materials at this Site are appropriate or available for use outside of the United States, and access to them from territories where their contents are illegal is prohibited. User access to the site is governed by all applicable federal, state and local laws. All information available on the site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. You may not use or export or reexport the materials on the site, or any copy or adaptation thereof, in violation of any applicable laws and regulations including without limitation U.S. export laws and regulations. The laws of the State of New York shall govern these Terms of Use and all matters relating to your access to, or use of, the site and you irrevocably consent to jurisdiction and venue therein.