Infinity Windows, LLC ("Infinity") operates this Web site (the "Site") to provide online access to information about Infinity, and the products and services we provide (the "Service").
Infinity reserves 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 this Agreement as modified. The last date this Agreement was revised is set forth below.
The Service, the Site, and all information and/or content that you see, hear or otherwise experience on or download from the Site, including without limitation all design drawings and product specifications, (collectively, the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to Infinity or its affiliates, licensors, contributors or third parties. The design drawings and product specifications are the exclusive property of Infinity.
You may use the Site, the Service and the Content solely for your personal or internal, non-commercial use. You may download, print and store portions of the Content that you select, provided that you: (1) only use these copies of the Content for your own personal or internal, non-commercial use; (2) except as provided in this Agreement, do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media or modify or create derivative works of any Content; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Infinity reserves complete title and full intellectual property rights in all Content.
"Screen scraping" or "database scraping" to obtain lists of users or other information is prohibited. You may not mirror or frame any page of this Site on any other Web site or Web page. You may not connect "deep links" to the Site, i.e., create links to this site that bypass the home page or other parts of the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
INFINITY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. INFINITY EXPRESSLY DISCLAIMS 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 SERVICE, AND THE CONTENT. INFINITY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. INFINITY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WITHOUT LIMITING THE PRECEDING PARAGRAPH, INFINITY MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO ANY SOFTWARE AVAILABLE OR ACCESSIBLE VIA THE SITE. INFINITY PROVIDES SUCH AVAILABILITY OR ACCESSIBILITY SOLELY AS A CONVENIENCE TO SITE USERS AND ANY SOFTWARE IS PROVIDED, "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."
a. Third Party Links. Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Infinity of the third party, the third-party Web site, or the information contained therein, unless expressly stated on the Site. Infinity is not responsible for the availability of any such Web sites. Infinity does not endorse or warrant, and is not responsible or liable for, any such Web site or the content thereon.
b. Downloading Files. Infinity cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. The entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content is solely and exclusively with the user.
IN NO EVENT WILL INFINITY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, THE CONTENT, OR ANY SOFTWARE, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE, THE CONTENT, AND/OR ANY SOFTWARE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, THE CONTENT, OR ANY SOFTWARE, EVEN IF INFINITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, THE SOFTWARE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
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, INFINITY'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED FIFTY DOLLARS ($50.00).
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Infinity, its parent company, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, and agents 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, the Service, the Content, any third party software or any violation by you of this Agreement.
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 agree not to use the Site in any manner that might interfere with the rights of third parties.
Infinity does not accept unsolicited product, feature, or other ideas or information on a confidential basis. If you send us or post to this web site any information, including an unsolicited idea or invention, it will be treated as non-proprietary and non-confidential. We will have no obligation with regard to such information or invention, and will be free to copy, disclose, distribute, incorporate, modify, and otherwise use any such information for any and all purposes, commercial or non-commercial. If you would like to submit an idea or invention for consideration on a non-confidential basis, please contact the Infinity Legal Department for instructions.
If you supply or post any information or material via the Site, you guarantee to us that you have the legal right to supply post such material, and that it will not violate any law or the rights of any person or entity. By supplying or posting material via the Site, you give Infinity the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
a. Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by Infinity of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Infinity therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Infinity does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. Every part of this Agreement shall be construed as valid and enforceable. If any part of this Agreement, so construed, is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Infinity's Privacy Statement, your use of the Site, any other Marvin or Marvin Lumber and Cedar Company Web site, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the state of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be venued exclusively in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.
d. Claims of Copyright Infringement. You agree to immediately notify Infinity of any claimed copyright infringement. You further agree to provide Infinity's copyright agent with the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512. Infinity's Copyright Agent for notice of claims of copyright infringement on or relating to the Site can be reached either by: