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4. LINKS TO THIRD-PARTY
SITES
This Site contains links
to Web sites controlled by parties other than
Vistawall.
Vistawall does not endorse and is not responsible or liable
for the contents or use of these third-party sites.
Vistawall is providing these links to you only as a
convenience.
5. TERMINATION OF ACCESS
Vistawall may cease
operating the Site or terminate your access to all or
part of the Site, without notice, at any time, for any
reason.
6. DISCLAIMERS RESPECTING
SITE
THE SITE AND MATERIALS
ARE PROVIDED "AS IS," AND THE USE OF THE SITE AND
MATERIALS IS AT YOUR SOLE RISK.
VISTAWALL MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE SITE, THE OPERATION OF THE SITE, THE
MATERIALS, OR THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SITE OR THAT USE OF THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE.
VISTAWALL HEREBY DISCLAIMS, TO
THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL
EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, AND
GUARANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
VISTAWALL DOES NOT REPRESENT
OR WARRANT THAT ANY PRICING, PRODUCT, OR OTHER
INFORMATION ACCESSIBLE ON OR THROUGH THIS INTERNET SITE
IS ACCURATE, COMPLETE, OR CURRENT, AND ALL INFORMATION,
INCLUDING PRICES AND AVAILABILITY, IS SUBJECT TO CHANGE
WITHOUT PRIOR NOTICE TO USER AND WITHOUT UPDATING THE
INFORMATION ON THE SITE.
THE SITE AND MATERIALS
ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN
REFERENCES OR CROSS-REFERENCES TO
VISTAWALL® PRODUCTS,
PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR
ARE NOT AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO
NOT IMPLY THAT
VISTAWALL INTENDS TO ANNOUNCE SUCH PRODUCTS,
PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT YOUR
LOCAL VISTAWALL BUILDER® FOR INFORMATION REGARDING THE
PRODUCTS, PROGRAMS, AND SERVICES WHICH MAY BE AVAILABLE
TO YOU.
7. LIMITATION OF
LIABILITY RESPECTING SITE
NEITHER
VISTAWALL NOR ANY OF
ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THE
SITE OR THE MATERIALS, INCLUDING MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS,
DEFECTS, VIRUSES, OR DELAYS IN OPERATION OR
TRANSMISSION. THIS IS A COMPREHENSIVE LIMITATION OF
LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND,
INCLUDING COMPENSATORY, DIRECT, INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OR
INACCURACY OF DATA, OR LOSS OF REVENUE).
8. INDEMNIFICATION BY
SITE USER
You agree to hold
Vistawall
and its affiliates harmless from and indemnify them
against any claims by you or third parties based on or
related to your online actions or your use of the Site
or the Materials and all damages, costs, and expenses
relating thereto.
9. PRIVACY POLICY
Vistawall respects your
desire for privacy. For information on how
Vistawall
protects your personal information, please refer to our
Privacy Policy. By using this Site, you are
consenting to the processing of your data by
Vistawall and
its affiliates and consenting to the terms of our
Privacy Policy.
10. CHANGES TO SITE OR
TERMS OF USE
Vistawall may make
improvements or changes to the Site or to the products,
services, programs, and prices described on this Site at
any time without notice.
Vistawall may revise these Terms
of Use at any time, without prior notice, by posting the
revision or the revised Terms of Use on the Site; any
revision is effective upon your accessing this Site.
11. LOCAL LAWS; EXPORT
CONTROL
Vistawall makes no
representation that the Site or the Materials are
appropriate or available for use outside the USA. If you
use this Site from locations outside the USA, you are
responsible for compliance with USA and foreign export
and import laws and regulations and all applicable local
laws. All marketing or promotional materials found on
this Site are directed solely to individuals and
entities located in the USA.
12. SUBMISSIONS
Vistawall welcomes your
comments and feedback regarding our Site, our products,
and our services. We do not, however, accept
confidential or proprietary information. Accordingly,
all comments, questions, feedback, information, or other
materials you submit to
Vistawall through or in connection
with this Site ("Submissions") shall be considered nonconfidential and Vistawall's property. No compensation
will be paid with respect to the use of your Submission,
as provided herein. Vistawall shall be free to use and/or
disseminate such Submissions on an unrestricted basis
for any purpose. You acknowledge that you, not
Vistawall,
have full responsibility for the Submissions, including
their accuracy, legality, reliability, appropriateness,
originality, and copyright.
13. RIGHTS AND REMEDIES
OF VISTAWALL
You agree that
Vistawall
shall have all rights and remedies provided under these
Terms of Use and under applicable law.
14. GOVERNING LAW; CHOICE
OF FORUM
These Terms of Use, the
use of the Site and all orders and purchases from
Vistawall
and other transactions conducted through the Site or
with Vistawall will be governed by and construed and
enforced under the laws of the State of Missouri
(including any conflict of laws rules). The exclusive
jurisdiction and venue for any legal proceedings
relating to these Terms of Use or to the Site or
transactions or activity conducted on or relating to the
Site will be the appropriate state or federal courts in
Jackson County, Missouri; you consent to such
jurisdiction and waive all objections to such courts
based on jurisdiction, venue, and inconvenience of the
forum.
15. GENERAL
These Terms of Use
represent the entire understanding relating to the use
of the Site and prevail over any prior or
contemporaneous, conflicting or additional,
communications regarding the use of the Site. If for any
reason a court of competent jurisdiction finds any
provision of the Terms of Use, or portion thereof, to be
unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of
the parties as reflected by that provision, and the
remainder of the Terms of Use shall continue in full
force and effect. Any failure by
Vistawall to enforce or
exercise any provision of the Terms of Use or related
right shall not constitute a waiver of that right or
provision. The section titles used in the Terms of Use
are purely for convenience and carry with them no legal
or contractual effect.
16. LEGAL CONTACT
INFORMATION
If you have any questions
about these Terms of Use, please contact
Vistawall at the
following address:
Attn: Legal Department
The Vistawall
Group -A BlueScope Steel Company
The Millennium CenterNorth
North Tower
222 W. Las Colinas Blvd., Suite 1220
Irving, TX 75039-5431
Trademarks
Trademark and Service
Mark Usage Guidelines
Introduction
Our trademarks and
service marks identify our products so that consumers
know they are buying
Vistawall's high-quality products and
services. The
Vistawall Group ("Vistawall") has
gained valuable rights by the proper and continuous
usage of its trademarks and service marks to identify
its goods and services. If such marks are used
improperly, their value can become diluted or generic.
Properly using our trademarks by following these
trademark usage guidelines protects and preserves the
value of our marks and the
Vistawall brand.
What is a Trademark and
Service Mark?
Trademarks and service
marks are words, names, symbols, devices, designs,
phrases, sounds, or colors adopted and used by
Vistawall to
identify its goods and services and to distinguish them
from other goods and services. The primary function of a
trademark is to indicate the source of goods. It also
implies a consistency of quality since it assures the
customer that all goods bearing that trademark are of
the same quality. Trademarks are usually noted with
either a ™ or a ® symbol. Service marks are usually
noted with a SM or a ® symbol. In the United States, a
trademark that is noted by a ™ or a service mark that is
noted by a SM has not been registered with the United
States Patent and Trademark Office, and a trademark or
service mark noted with an ® has been registered with
the United States Patent and Trademark Office.
Trademarks, however, may also be registered
internationally, and each country has different laws
regarding the proper notation of trademarks.
Referential Trademark and
Service Mark Usage
You may use a
Vistawall
trademark, service mark, or product name to refer
specifically to such
Vistawall product or service in
marketing and promotional materials, books, conferences,
applications, demonstrations, etc. You are permitted to
use a Vistawall trademark referentially provided that:
- You adhere to these
Vistawall Trademark and Service Mark Usage guidelines.
- You do not disparage
Vistawall or
Vistawall products and services.
- You display your
name or logo more prominently than any
Vistawall
trademark.
- You include a
disclaimer that
Vistawall does not sponsor, affiliate,
or endorse your product and/or services.
General Trademark and
Service Mark Usage Guidelines
1. Always spell the
trademark correctly. Avoid any variations.
2. Use appropriate
markings. Always capitalize the product name and
designate the trademark with the appropriate ™ or ®
symbol. Also, the first usage or most prominent usage of
a Vistawall product name must be used in conjunction with
the Vistawall® trademark and in the same type size, font,
color and line.
3. Always use
Vistawall
trademarks as adjectives that describe the generic
product. Trademarks are proper adjectives describing a
specific thing; therefore, they should be used in
conjunction with the noun (generic name) they modify
(e.g., Vistawall® dealer). Since a primary
trademark is not a noun, it is not to be pluralized,
such as "Scrubolts".
4. Do not use any
Vistawall
trademark as your trademark, service mark, trade name,
domain name, product name, or logo.
Vistawall trademarks
identify the goods and services of The
Vistawall
Group. No third-party may use any
Vistawall trademark as
their trademark, service mark, trade name, domain name,
product name, or logo. You must have your own distinct
trademark, service mark, trade name, domain name,
product name, or logo that does not include any
Vistawall
trademarks. You may, however, referentially use the
Vistawall trademark in connection with your product. Also,
you may not use a variation, combination, or
abbreviation of a
Vistawall trademark.
5. Attribute ownership of
Vistawall trademarks to
Vistawall. When you refer to a
Vistawall
trademark, please include the following notice of
trademark attribution where appropriate, such as on your
product, printed materials, and online.
Example of correct usage:
"Vistawall is a registered trademark of
The Vistawall Group in the United States and/or other
countries."
6. Avoid using words like
"original" or "genuine" in association with the
trademark. This implies there may be products of others
bearing the same trademark.
Specific Trademark and
Service Mark Usage Guidelines
1. Logos. You may not use
any Vistawall logos (including buttons and graphic symbols)
without a trademark license from
Vistawall. All usage of
trademark logos shall be pursuant to these guidelines
and any other guidelines associated with that logo.
Please refer to
Vistawall's Logos and Usage Policy.
2. Merchandise items. You
may not manufacture, sell, or give away merchandise
items, such as T-shirts and mugs, bearing
Vistawall
trademarks or logos, except pursuant to an express
written trademark license from
Vistawall.
3. Slogans and taglines.
You may not use or imitate a
Vistawall slogan or tagline.
The Vistawall
Group Trademarks and Service Marks
This list is posted
solely for your convenience. Vistawall does not waive any
rights to any Vistawall trademark, service mark, trade
name, product name, or logo that does not appear on this
list. The symbols below denote status of the trademark
in the United States only. Vistawall trademarks may also be
registered internationally.
-
Aldora®
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Alumiline®
-
American Series®
-
Delta®
-
Enduracolor®
-
Eurotherm®
-
Even-Line®
-
Modu-Line®
-
Marmet®
-
Naturalite®
-
Phantom Wall®
-
Revolv-O-Vent®
-
Skywall®
-
Solar Megaphone®
-
Vistawall®
-
Vista*Vision®
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ATS™
-
BMS 3000™
-
Classic
Thin-line™
-
Contemporary
Series™
-
Deliver Quick™
-
Reliance™
-
E-Z Vent™
-
Elite Window
System™
-
EZ-Punch™
-
EZ-Set II™
-
Façade Vents™
-
Fas/Klad™
-
Four Seazons
Series™
-
Merit Window
System™
-
Mor::Front™
-
MS360™
-
Nightwatch™
-
No Preferred
Pressure Walls™
-
PerforMax
Entrance Systems™
-
Pinnacle
Hospital Series™
-
PrimeTek Window
Systems™
-
Pyramid EZ™
-
Reliance-TC™
-
Ridge EZ™
-
Rugged Entrance
Systems™
-
Saf-T-Guard
-
Sentinel
Security Series™
-
Signature Series™
-
Skew/Wall™
-
SkyCurve™
-
SkyQuick™
-
Solar Eclipse™
-
Solar Shelf™
-
Sterling Window
System™
-
StormMax™
-
ThermMax™
-
Super Mull™
-
The Renaissance
Option™
-
Thermal Slot™
-
Versalean™
-
Versalite™
-
Versaridge
-
Vertex™
-
VIP Series Panic
Entrances™
-
Vision*Lite™
-
Visionary™
-
Vista*Cad™
-
Vista*Detailer™
-
Vista*Spec™
-
VistaDetail
Express™
-
VuLine™
Third-Party Trademarks
Third-party trademarks,
trade names, product names, and logos contained in this
Web site may be the trademarks or registered trademarks
of their respective owners.
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