TERMS & CONDITIONS
- BECAUSE OF CUSTOM MANUFACTURE OF THE PRODUCT SOLD ON THIS WEBSITE, AN ORDER IS NOT CANCELABLE OR REFUNDABLE AFTER IT IS PLACED AND PAYMENT IS MADE. PAYMENT IN FULL IS REQUIRED AT THE TIME OF ORDER. CHANGES ARE ALLOWED ONLY WITHIN TWELVE (12) HOURS OF PLACEMENT OF THE ORDER. EVEN WITH CAREFUL WINDOW SIZE MEASUREMENT THERE MAY BE VARIANCES BETWEEN WINDOW SIZE AND OPENING SIZE. IT IS ESSENTIAL THAT YOU FOLLOW THE GUIDELINES PROVIDED ON THE SITE FOR HOW TO MEASURE YOUR WINDOWS. LESW DOES NOT REPRESENT OR WARRANT THAT WINDOWS THAT WE SUPPLY TO YOU WILL MATCH YOUR OPENING. YOU MUST MAKE AN APPROPRIATE DEDUCTION TO INSURE PROPER WINDOW PLACEMENT WHEN PLACING YOUR ORDER FOR WINDOWS FROM US. PLEASE CONTACT US IF YOU HAVE ANY MEASUREMENT QUESTIONS. ALL CUSTOM SIZE WINDOWS ARE MANUFACTURED WITH NO DEDUCTIONS–THEY ARE MANUFACTURED EXACTLY AS ORDERED.
- You agree not to interrupt or attempt to interrupt the operation of The Site, to use or contact The Site in such a manner as to disrupt or damage its content or affect in any way the ability of third persons to access The Site or to post or transmit to The Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or similar material.
- Use of The Site is for your use only. Except as set forth above you may not reproduce, distribute or transmit any portion of The Site, including any text, images, tools, audio or video incorporated on The Site. Any unauthorized use of the text, images, tools, audio or video incorporated on The Site is a violation of the copyrights and trademarks of LESW and may subject you to civil and/or criminal prosecution.
- You agree not to use any means to circumvent log in, password, and other protections used to restrict access to certain parts of The Site.
- You agree not to frame or utilize framing techniques to enclose any portion or portions of The Site or any content appearing on The Site without the express written permission of LESW.
- You will not use The Site to harass or disparage LESW, its owners, officers or employees, its suppliers or customers or its products or services.
- Copyright in all material found on The Site is owned by LESW.
- All trade names, trademarks and service marks found on The Site are owned by LESW or third parties, where noted. No other use of those trade names, trademarks and service marks is permitted without their respective owners’ written permission. Use of those trade names, trademarks and service marks as part of your own trademarks, to identify products or services which do not originate from LESW or their respective third-party owners identified on The Site, use in a manner that is likely to cause confusion, use in a manner that is likely to imply that LESW sponsors, endorses, or is otherwise connected with activities, products or services which it does not sponsor, endorse or is connected with and use in a manner that disparages LESW is prohibited.
- LESW collects and stores information about you pursuant to the terms of its Privacy Statement and Registration and Membership Terms found elsewhere on The Site. The Privacy Statement and Registration and Membership Terms may be accessed by clicking on the link found at the bottom of this page. In addition, LESW may also collect and store aggregate or anonymous information about your access to and use of The Site including but not limited to such information as the number of visitors to The Site.
- YOUR USE OF THE SITE IS AT YOUR OWN RISK. LESW MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF ANY OF THE CONTENT POSTED ON THE SITE AND LESW SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT FOUND ON THE SITE. LESW AND ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OF OUR YOUR ACCESS TO OR USE OR INABILITY TO USE OR ACCESS THE SITE. LESW IS NOT RESPONSIBLE FOR TIMELINESS, UNAVAILABILITY OR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE SITE OR ITS CONTENTS. LESW IS NOT RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES TO USERS OF THE SITE OR THEIR COMPUTER SYSTEMS OR OTHERWISE, AND USERS ASSUME ALL RISKS IN CONNECTION WITH THEIR ACCESS TO OR USE OF THE SITE. In addition, LESW shall not be liable in any amount for its failure to perform if such failure is caused by an occurrence or cause beyond its reasonable control, including, without limitation, power outages, communications outages, labor disputes, earthquake, fire, flood, storm, war, acts of terror, or act of God; or any acts of governmental bodies or authorities.
- WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE, AND ALL PRODUCTS OFFERED FOR SALE ON THE SITE, SUBJECT TO THE EXCEPTION NOTED BELOW, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Please note that some states or jurisdictions do not allow the disclaimer of implied warranties and the limitation of liability, so the foregoing disclaimer and insulation may not apply to you.
- LESW EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED OR OFFERED FOR SALE BY THIRD PARTIES ON THE SITE.
- The sole exception to the terms set forth in the bold letter provisions noted above is that the manufacturers of some of the products offered for sale on The Site may offer warranties covering their products, which are subject to the terms and conditions, and limitations, set forth in those warranties. THESE WARRANTIES MAY BE OFFERED FROM TIME TO TIME BY THE SOME OF THE MANUFACTURERS OF PRODUCTS OFFERED FOR SALE ON THE SITE AND ARE SUBJECT TO TERMS AND CONDITIONS THAT ARE PROVIDED SOLELY BY THOSE MANUFACTURERS OVER WHICH LESW HAS NO CONTROL AND WHICH MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE BY THOSE MANUFACTURERS. Those terms and conditions may be found elsewhere on our site.
- Internet transmissions are never completely private or secure. You understand that any information that you send to The Site may be read or intercepted by others.
- Other websites may contain links to The Site or The Site may contain links to other websites. LESW is not responsible for the content of any site linked to or from The Site, and if LESW provides links on The Site to other sites, the inclusion of those links is for the convenience of visitors to The Site and is not intended to be an endorsement by LESW of the owner or sponsor of that linked website, the content found on that website or the products or services offered on that website. The owner of any page or website linked to The Site shall not represent either expressly or by implication that LESW is endorsing it, any content on that page or website or any products or services marketed or offered for sale on that page or web site, misrepresent its relationship with LESW or present false information about LESW. LESW does not warrant either expressly or by implication the accuracy, validity or legality of any information, content, products or services found on those sites.
- If you believe that any content found on The Site violates the copyright, trademark rights, patent rights, trade secrets or any other exclusive proprietary rights of any third party, please contact us at our address and phone number found on the “Contact Us” section of our site or you may contact us directly using that page.
- LESW is located in the United States of America, in the city of Perrysburg, located in Wood County, in the state of Ohio. The Site as well as any legal terms contained thereon are governed by and are subject to the laws of the state of Ohio and the United States of America as well as the common law of those jurisdictions regardless of the location of any visitor or user to The Site. BY ACCESSING, VISITING OR USING THE SITE OR PURCHASING ANY GOOD OR SERVICE OFFERED FOR SALE ON THE SITE YOU AGREE TO THE FULLEST EXTENT PERMITTED BY LAW THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR YOUR PURCHASE OF ANY PRODUCTS OR SERVICES OFFERED THEREON SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF WOOD, STATE OF OHIO, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE TO THE SELECTION OF THAT VENUE OR TO THE JURISDICTION OF ANY COURT LOCATED IN THAT VENUE. YOU ALSO AGREE TO BRING ANY CLAIM ARISING FROM YOUR USE OF THE SITE OR YOUR PURCHASE OF ANY PRODUCTS OR SERVICES OFFERED THEREON WITHIN ONE (1) YEAR FROM THE DATE AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
- Our products are shipped to you on a freight truck. Standard delivery is a loading dock or a curbside. No lift gate service is provided. Our freight truck will pull up to curbside of the address and it is the responsibility of the customer to unload the product from the truck by forklift or otherwise. All items purchased by you on our web site are purchased pursuant to a shipment contract. This means that the risk of loss and title for those items pass to you upon their shipment to you. For this reason our charges include insurance for any damage to your windows that may occur in transit to you. Shipping damage claims must be noted on delivery receipt and must be filed within 5 working days of delivery to be considered.
- When you place your order, you will receive an e-mailed “Order Confirmation” message acknowledging our receipt of your order at which time your total charges will be billed to the credit card and account number that you have selected to be charged unless you have indicated that you will pay our charges by check, in which case, we will not ship your order to you until we receive your check for the total charges identified in the “Order Confirmation.” All credit card transactions are processed by our secure server and are protected by SSL encryption. PLEASE NOTE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND LowEStormWindows.com, LLC. SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE, INCLUDING THE PROCESSING OF YOUR ORDER. FURTHER, LowEStormWindows.com, LLC. IS NOT RESPONSIBLE FOR INTERRUPTIONS IN AVAILABILITY, VIRUSES OR OTHER DEFECTS IN THE SITE. In addition, LowEStormWindows.com, LLC. shall not be liable in any amount for its failure to perform if such failure is caused by an occurrence or cause beyond its reasonable control, including, without limitation, power outages, communications outages, labor disputes, earthquake, fire, flood, storm, war, acts of terror, or act of God; or any acts of governmental bodies or authorities.
Notice for making claims of infringement.-Written notification must be submitted to the following Designated Agent:
Full Address of Designated Agent to Which Notification Should is Sent:
2351 sunflower CT
Perrysburg, OH 43551