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DISCLAIMER/TERMS OF USE

General

The following are terms of a legal agreement between you and Euro-Windows Argo Inc.. By accessing, browsing, or using this Euro-Windows Argo Inc. World Wide Web Site (“Site”), you acknowledge that you have read, understood, and agree to be bound by these terms of use. If you do not agree to these terms, please do not use this Site.

Copyright and Other Intellectual Property Rights

This Site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used for the creation of derivative works without Euro-Windows Argo Inc.’ prior written consent (which may be granted, withheld or conditioned in its sole discretion), except that Euro-Windows Argo Inc. hereby grants you non-exclusive, non-transferable, limited permission to access and display the web pages within this site, solely on your computer and for your personal, non-commercial use of this Site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Any product, process or technology described in this Site may be the subject of other intellectual property rights reserved by Euro-Windows Argo Inc.. Nothing contained under this Site terms of use shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other intellectual property right of Euro-Windows Argo Inc. or any third party. Any rights not expressly granted herein are reserved.

Euro-Windows Argo Inc., its logo and other names containing the word Euro-Windows Argo Inc. referenced in this Site are registered trademarks or other trademarks, service marks or trade names of Euro-Windows Argo Inc. or its subsidiaries, or are being used under license from a third party. No license to use any of these trademarks is given or implied. Euro-Windows Argo Inc.’ trademarks may be used only with prior written permission from Euro-Windows Argo Inc., which may be granted, withheld or conditioned in its sole discretion. All other trademarks or trade names referenced on this Site are the property of their respective owners.

You may not use contact information provided on this Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of this Site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Your failure to comply with the terms, conditions and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission granted above with respect to use of this Site, Euro-Windows Argo Inc. does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Site or in any other media.

Information Disclaimers/No Obligation to Update

Information on this Site is not promised or guaranteed to be correct, current or complete, and this site may be out of date and may contain technical inaccuracies or typographical errors. Any reliance on the material on this site is at your own risk. Euro-Windows Argo Inc. assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in this site.

Global Availability

Information Euro-Windows Argo Inc. publishes on the World Wide Web may contain references or cross references to its products, programs and services that are not announced or available in your country. Such references do not imply that Euro-Windows Argo Inc. intends to announce or make available such products, programs or services in your country. Please consult your local Euro-Windows Argo Inc. business contact for information regarding the products, programs and services that may be available to you.

Non-Euro-Windows Argo Inc. Links/Sites

This Site may provide links or references to non-Euro-Windows Argo Inc. websites and resources. Euro-Windows Argo Inc. makes no representations, warranties or other commitments whatsoever about any non-Euro-Windows Argo Inc. websites or third-party resources that may be referenced, accessible from or linked to any Euro-Windows Argo Inc. website. A link to a non-Euro-Windows Argo Inc. website does not mean that Euro-Windows Argo Inc. endorses the content or use of such website or its owner. In addition, Euro-Windows Argo Inc. is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a Euro-Windows Argo Inc. website. Accordingly, you acknowledge and agree that Euro-Windows Argo Inc. is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-Euro-Windows Argo Inc. website, even one that may contain the Euro-Windows Argo Inc. logo, please understand that it is independent from Euro-Windows Argo Inc., and that Euro-Windows Argo Inc. does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to This Site

All links to this Site must be approved in writing by Euro-Windows Argo Inc., which approval may be granted, withheld or conditioned in Euro-Windows Argo Inc.’ sole discretion. As a further condition to being permitted to link to this Site, you agree that Euro-Windows Argo Inc. may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site and to cease using any Euro-Windows Argo Inc. trademark.

Translations

Certain text in this Site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and Euro-Windows Argo Inc. makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.

DISCLAIMERS

USE OF THIS SITE IS AT YOUR SOLE RISK.  THIS SITE AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. EURO-WINDOWS ARGO INC. EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, EURO-WINDOWS ARGO INC. MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THIS SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND THAT THIS SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EURO-WINDOWS ARGO INC. NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THIS SITE, EURO-WINDOWS ARGO INC.’ REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EURO-WINDOWS ARGO INC., ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER EURO-WINDOWS ARGO INC. NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH EURO-WINDOWS ARGO INC. IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND EURO-WINDOWS ARGO INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Euro-Windows Argo Inc. and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Euro-Windows Argo Inc. reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Euro-Windows Argo Inc. in the defense of such matter.

Jurisdiction

This Site is controlled and operated by Euro-Windows Argo Inc. from its offices within the State of Ohio, United States of America. These terms of use shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Cleveland, Ohio, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Applicable Laws

This Site is controlled by Euro-Windows Argo Inc. from its offices within the United States of America. Euro-Windows Argo Inc. makes no representation that materials and information in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials or information posted on this Site in violation of U.S. export laws and regulations.

Modification of terms of use

Euro-Windows Argo Inc. may, without notice to you, revise these terms of use and any other information contained in this site at any time by changing, adding to, deleting from or otherwise updating this posting. You should visit this Site from time to time to review the then-current terms of use because they are binding on you. Certain provisions of these terms of use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. You agree that your accessing and using this Site is the functional equivalent of your signature and you hereby waive any objection to electronic assent to this agreement, whether based on the Statute of Frauds or similar law, rule, or regulation. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these terms of use shall be unlawful or any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

 

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