Welcome. The terms, conditions, policies and notices contained in this document (these “Terms”) apply to [VistaClearPro.com] website (collectively, including content provided through the website and all updates and modifications thereto, the “Site”) and form a legal agreement between Carlex Glass America LLC (“Company”) and you (“you” or “your”). Any reference to “we”, “us”, or “our” in these Terms shall refer to Company. Please read these Terms carefully before using the Site.
BY ACCESSING OR USING THE SITE IN ANY WAY, INCLUDING WITHOUT LIMITATION, BROWSING THE SITE, USING ANY INFORMATION AND/OR SUBMITTING ANY CONTENT OR PERSONAL INFORMATION VIA THE SITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS INCLUDING DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND A CHOICE OF TENNESSEE LAW.
(1) SITE CONTENT
(a) All contents of this Site are: © Carlex Glass America LLC. All rights reserved. The Site contains copyrighted material, trademarks, service marks, trade dress, and other proprietary content, including but not limited to, text, software, applications, sound, photographs, buttons, images, logos, video, and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of the Site and the Content are copyrighted as a collective work under copyright laws. The Content is owned by or licensed to Company, and we and our third-party licensors retain all of our and their respective right, title, and interest in and to the Site and Content. Any rights not expressly granted herein are reserved. Neither these Terms nor your use of the Site transfers any right, title or interest in the Site, Content, or Intellectual Property Rights to you.
(b) Except as expressly provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit the Site, in whole or in part, without our express written permission.
(c) The Site is available worldwide to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. Further, a reference to a product or service on the Site does not imply that the product or service is or will be available in your location. The Content of the Site is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. The Site is provided from the United States of America, and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the Site. We do not make any representations regarding the legality of the Site in any other country, and it is your sole responsibility to ensure that your use complies with all applicable laws.
(d) Certain materials on the Site may be furnished by third parties. Certain products, services, or company designations for companies other than us may be mentioned in the Site for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on the Site are the trademarks, registered or unregistered, of their respective owners.
(e) Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party’s intellectual property rights.
(2) USER CONDUCT
By using the Site, you agree that you shall not:
(a) delete, modify, hack or attempt to change or alter any of the Content on the Site;
(b) attempt to access accounts, computer systems, or networks connected to any of our servers or to the Site, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through the Site;
(c) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with administration and operation of the Site or other parties’ use of the Site;
(d) use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;
(e) use any of our names, service marks, logos, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
(f) use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
(g) upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; or
(h) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third party.
(3) PERMISSIBLE USE
Except as indicated to the contrary elsewhere on the Site, you may use the Site, provided that: (a) your use of the Site is solely permitted for your personal use, and you are not permitted to resell, redistribute, sublicense, enable any timesharing or service bureau use of the Site, charge others for use of or access to the Site, or use the Site in any other manner inconsistent with these Terms; (b) you do not duplicate, transfer, give access to, copy, distribute or make available any part of the Site in any medium without Company’s prior written authorization; (c) you do not attempt to reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, alter or modify any part of the Site; and (iv) you fully comply with the terms and conditions of these Terms in all respects.
(4) OTHER SITES; THIRD-PARTY CONTENT
As a convenience to you, the Site may provide links to websites and access to content, products, and services of third parties, including our affiliates, strategic partners, and other entities with which our connection consists of only a hyperlink (each, a “Linked Site”). All Linked Site are provided only because they may be of interest to Site users. Information and views contained in Linked Sites are not adopted or endorsed by us.
We do not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on these or any Internet sites. We reserve the right to terminate such links at any time. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site or its content, products, or services.
(5) MODIFICATIONS TO TERMS
We may change, modify, add and/or delete all or portions of these Terms from time to time by posting updated Terms on the Site, which shall apply to your use of the Site after such modifications have been posted. Please review these Terms periodically for any updates or changes. Your continued use of the Site following the posting of any updates or changes to these Terms constitutes your acceptance of such updates and changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to terminate your use of the Site immediately.
(6) TERMINATION/MODIFICATIONS OF SITE
We reserve the right to modify or terminate your access to the Site or portions of the Site, at any time, temporarily or permanently, with or without notice to you, for any reason, and are not obligated to support or update the Site. These Terms shall survive any termination. We also may impose limits on certain features and services, restrict your access to parts or the entire Site, or charge fees for access to portions of the Site without notice or liability. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the Site or portions of the Site.
(7) YOUR PRIVACY
(8) COPYRIGHT INFRINGEMENT
In accordance with the US Federal Digital Millennium Copyright Act (“DMCA”), we have designated an agent to receive notifications of alleged copyright infringement associated with the Site. We will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify us at Customer.Service@Carlex.com or through the address at the end of this page. When notifying us of the alleged copyright infringement please provide us with the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
(b) identification of the copyrighted work alleged to have been infringed;
(c) a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;
(d) information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
(e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(e) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
If we in good faith believe material to infringe a copyright or otherwise violate any intellectual property rights, we will remove or disable access to such material.
(9) TYPOGRAPHICAL ERRORS; INACCURACIES
Our goal is to provide complete, accurate, and up-to-date information on the Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Prices displayed on the Site are quoted in U.S. currency and are valid and effective only in the United States. Prices are subject to change at any time and may vary. Products offered on the Sites may be priced differently than the same products offered in retail locations or through suppliers.
(10) PURCHASE ORDERS
Receiving a web order confirmation via e-mail or an online ordering confirmation does not guarantee the acceptance of an order by Company. Company reserves the right to refuse any order you place through the Site. Company may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Company makes a change to or cancels an order, Company will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The risk of loss and title for all products passes to the customer upon Company’s delivery to the carrier. To the extent you purchase a VistaClear Pro product (the “Product”) from the Site, such purchase is subject to, and you agree to and bound by, the terms applicable to the Product, including the Company’s [Limited Warranty & Disclaimer] (the “Limited Warranty & Disclaimer”). If you are unwilling to accept the terms and conditions of the Limited Warranty & Disclaimer, you may not use the Site or purchase the Product.
Company reserves the right to limit or prohibit sales to dealers. Company reserves the right to discontinue the sale of any product listed on the Site at any time without notice. You acknowledge that there may be a period of time after an order has been submitted where the ordered product becomes unavailable. If a product is not in stock or is otherwise unavailable for shipment following completion of the ordering process, you will be contacted to discuss the cancellation of your order under such circumstances; you agree that we may cancel your order before or after completion of the order process. Rarely, you may receive a shipping confirmation from us, but the product is no longer available. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability. In the event that Company cancels an order after a shipping confirmation has been sent to you, Company will refund all fees paid by you for the canceled products.
Company’s acceptance of any order is subject to your assent to all of the terms and conditions set forth herein. No addition or modification of these Terms shall be binding upon Company unless agreed to by Company in writing. If a purchase order or other correspondence contains terms or conditions contrary to these Terms or any terms and conditions contained in Company’s acknowledgment, Company’s acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by Company of any of the terms and conditions contained in Company’s acknowledgment.
Prices shown on the Site do not include any shipping and handling or sales taxes, and if applicable to the order, will be added to your total invoice price. Shipping costs are calculated based on the actual weight, dimensions and destination of your order. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. Because Company collects and remits sales tax as required by law, the Site also collects and remits sales tax as appropriate. If you have tax- exempt status, please contact us to provide a tax exemption certificate acceptable to the appropriate taxing authorities.
Order information such as a billing or shipping address that is inaccurate or incomplete may result in delays. Product cannot be shipped to incomplete addresses. Company is not liable for late or lost deliveries. Please contact the carrier to resolve any credit or adjustments related to delivery failures or delays. Subject to the Limited Warranty & Disclaimer, the Product is sold under a no return policy except as otherwise set forth herein. Subject to compliance with these Terms, the Product is returnable for credit under the following circumstances only: (i) the Product is subject to a Company-initiated Product recall, (ii) the Product is damaged prior to delivery to the shipping carrier by Company, (iii) Product shipped in error by Company. Except in such acceptable return situations, original shipping charges are non-refundable. Please report items that are damaged or missing within 10 days of delivery.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EXCEPT AS OTHERWISE PROVIDED IN [LIMITED WARRANTY & DISCLAIMER] THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SITE AND/OR ANY CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THE SITE. WE MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (C) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, TOOLS, APPLICATIONS, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) DEFECTS, IF ANY, WILL BE CORRECTED.
(12) LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED, OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS OR USE THE SITE OR ANY CONTENT, INTELLECTUAL PROPERTY, APPLICATIONS, TOOLS, PRODUCTS, INFORMATION, OR SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE PURCHASE PRICE PAID BY YOU FOR ANY PRODUCT PURCHASED THROUGH THE SITE, OR, IF NO PURCHASE IS MADE, ONE HUNDRED DOLLARS ($100.00 USD). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS OF DISCLAIMERS, AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS, DISCLAIMERS AND/OR EXCLUSIONS SHALL NOT APPLY TO YOU.
(13) LIMITATION ON ACTIONS
You agree that any dispute arising out of these Terms or your use of the Site must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
(14) DISPUTE RESOLUTION
You agree that any dispute arising out of or relating in any way to your use of the Site requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, we may seek injunctive or other appropriate relief. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee, or to any federal court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section 14 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts in Tennessee.
You acknowledge (a) that you have read and understood these Terms and (b) that these Terms have the same force and effect as a signed agreement.
(17) CONTACT INFORMATION
If you have any questions about these Terms, our practices, or your dealings with the Site, please contact us at Customer.Service@Carlex.com. You may also contact us to update your personal information by notifying us when you change your name or email address.