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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable laws. By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is incorporated herein by reference. If you do not agree to these terms and conditions, please do not use this site.


Electronic Communications

The communications between you and us via this site use electronic means, whether you visit this site or send us an email, or whether we post notices on this site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights


Copyright

The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Binswanger Enterprises, LLC (“Binswanger”). The collective work includes works that are licensed to Binswanger. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Binswanger. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for non-commercial use, or to request a quote with Binswanger. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by Binswanger. You further agree not to change or delete any proprietary notices from materials downloaded from the website.


Trademarks

All trademarks, service marks and trade names of Binswanger as used in the website are trademarks or registered trademarks of Binswanger Enterprises LLC. All other trademarks, product names, company names, logos, and/or service marks mentioned, displayed, cited or otherwise indicated within this website are the property of their respective owners. You are not authorized to use or display the intellectual property of (registered or unregistered) of Binswanger in any manner without our written permission unless such use or display is permitted by this Terms and Conditions policy.


Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Binswanger disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Binswanger does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Binswanger Glass does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability

Binswanger does not warrant that our website will operate uninterrupted or error-free or that the site and the server that hosts it are virus-free. Under no circumstances shall we be liable for any direct, indirect, special or consequential or punitive damages that result from your use of the site. We assume no responsibility for the conduct or acts of users or other third parties. In addition, we assume no responsibility for the content, security or privacy practices of the websites of other companies for which we provide links in our website.

If you are dissatisfied with this website or with any of this website’s terms and conditions, your sole and exclusive remedy is to discontinue using this website. Because some states do not allow the exclusion or limitation of certain liabilities, the limitations as stated herein may not apply to you. In such states, our liability and the liability of any related entity, and our and their officers, directors, employees, agents and/or content service providers, is limited to the fullest extent permitted by such jurisdiction.


Indemnification

You agree to indemnify, defend and hold harmless Binswanger, its subsidiaries, affiliates, and their respective officers, directors, agents, partners from any liability, loss, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this website in violation of these Terms and Conditions or any violation of applicable law. We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims.


Term; Termination

These Terms and Conditions, together with our Privacy Policy, are applicable to you upon your accessing the site and/or completing the registration or shopping process. These Terms and Conditions, or any part of them, may be terminated by Binswanger without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Limitation of Liability and Indemnification shall survive any termination.


Applicable Law; No Waiver; Severability

These Terms and Conditions, and the relationship between you and us, will be governed by the laws of the United States and the State of Texas, without giving effect to any principles of conflicts of law. Any failure on our part to exercise any right or provision as stated in these Terms and Conditions, together with the Privacy Policy, will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions, together with any Privacy Policy, is found by a court of competent jurisdiction to be invalid, you and we agree that the court should endeavor to give effect to the intentions as reflected in the provision, and other provisions of these Terms and Conditions will remain in full force and effect.


Use of Site

There are a few codes of conduct that you are required to follow when using this website:

(1) Monitoring, copying, or scraping content by any manual or automatic process including robot and spider software other than for the purpose of compiling Search Engine Results pages is prohibited.

(2) Do not obtain, or attempt to obtain, access to areas of the website that are not intended for access by you.

(3) Do not “flood” the website with requests or otherwise overburden, disrupt or harm the website or its systems.

(4) Do not use automated means to access the site, or gain unauthorized access to the website or to any account or computer system connected to the website.

(5) Do comply with the terms and conditions of this website.


Third-Party Links

In an attempt to provide increased value to our visitors, Binswanger may link to sites operated by third parties. However, even if the third party is affiliated Binswanger, Binswanger has no control over these linked sites, all of which have separate privacy and data collection practices. When you visit a linked site you should read the terms and conditions and privacy policy that govern that particular website. Binswanger shall not be responsible for the privacy and data collection practices of such third parties.


Copyright Infringement Notices

If you are copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this website in a manner that constitutes copyright infringement, please inform us by sending written notice to Binswanger Enterprises, LLC at 965 Ridge Lake Boulevard, Suite 305, Memphis, TN 38120.