Last updated January 23, 2009
Unless the context indicates otherwise, as used in these Terms, (i) "Milgard," "us," "we," and "our" refer to Milgard Manufacturing, Inc and its subsidiaries and affiliates and (ii) "Content" refers to any or all text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations and other information provided by us on or through this Web Site, including user interfaces and the selection, coordination and arrangement of such information.
Changes to this Site or these Terms
We may change or discontinue this Web Site at any time without prior notice or obligation to you. We may also change these Terms at any time without prior notice or obligation and your continued use of the Site after such changes have been posted will constitute your acceptance of the changes.
The Site is owned and operated by Milgard in conjunction with others pursuant to contractual arrangements, and the Content (and any intellectual property and other rights relating thereto) is and will remain the property of Milgard and its licensors and suppliers. The Content and the selection, compilation, collection, arrangement and assembly thereof is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable.
The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to Milgard, our third party licensors or others, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under United States and international trademark laws. Nothing on this Site confers on you any license or right under any copyright, trademark or service mark of Milgard or any third party, by implication, estoppel or otherwise. Unauthorized use of this intellectual property is expressly prohibited and may be a violation of law.
Permitted and Prohibited Uses
You may view and make one electronic or paper copy of the information posted on any screens of this Web Site, provided that you use the copy solely for your personal, informational and non-commercial purposes and that you (i) keep all copyright and other proprietary notices intact, (ii) do not modify the Content or use it in a manner that suggests an association with any of our products, services or brands and (iii) do not download quantities of the Content to a database that can be used to avoid future downloads from this Site. While using the Site and the Content, you agree to comply with all applicable laws, rules and regulations.
You may not:
- Reproduce, copy, upload, post, transmit, display or otherwise redistribute any materials or design elements of this Site for commercial purposes without our prior written consent;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to determine the source code or trade secrets of the Site;
- Violate or attempt to violate the security of the Site;
- Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
- Use the Site or Content for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us),
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Remove any copyright, trademark or other proprietary rights notices contained in the Site or Content;
- “Frame” or “mirror” any part of the Site without our prior written authorization;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Harvest or collect information about Site visitors or members without their express consent; or
- otherwise disrupt or interfere with the operation of the Site.
Forums and Public Communication
This Site may enable users to submit their own content to a chat area, message board or e-mail function ("forum"). Any forum on the Site is a free service to enable you to share comments about products and services available on our site. If you participate in a forum within the Site, any information you disclose in such a submission may be publicly available and you should exercise caution in deciding whether to disclose any personal, financial or other sensitive information there. By uploading or submitting any materials to a forum, you automatically grant (or warrant that the owner of such materials expressly grants) us and our designees a non-exclusive, royalty-free, worldwide, sublicenseable (through multiple tiers), assignable, perpetual, irrevocable right and license to use, reproduce, publicly display, publicly perform, digitally perform, distribute, create derivative works based on, make, have made, sell, offer for sale and import such materials or incorporate such materials into any form now know or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions. Milgard cannot prevent others persons who access this site from using submissions and personal information they find here, even if their use of that information violates the law, or your personal privacy or safety. None of the submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any submissions.
When participating in a forum, you should not assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information obtained in a forum may not be reliable and it is not a good idea to trade or make any investment decision based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information and shall not be responsible for any trading or investment decisions made based on such information.
Milgard is proud to provide a forum for you to air your opinions on the topics and items we feature. While we appreciate your time and comments, you are prohibited from posting or transmitting the following in your posts: (i) profanity, pornography, obscenities, hateful, threatening or harassing comments or images; (ii) discussion of illegal activities or intent; (iii) solicitations for commercial activities or other statements that do not generally relate to the designated topic of the forum; (iv) personally identifiable information such as phone numbers, addresses or URLs; (v) any information that violates any right of a third party or any law; (vi) any software or other materials that contain a virus or other harmful component, and (vii) Milgard is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
We have no obligation to monitor the Site or the forums, or any submissions or other materials that you or other third parties transmit or post on the Site or the forums. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a forum); to disclose such materials, the circumstances surrounding their transmission, and the identity of the poster to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.
A testimonial board post is not an effective way to tell us you need help with an order or site feature. If you'd like to tell us about a specific problem, please e-mail us. Milgard disclaims liability for any failure on its part to provide help with a specific problem disclosed on this site.
Rules for Sweepstakes, Contests and Games
Disclaimer of Warranties
We make no guarantees or warranties of any kind, express or implied, regarding the Content or operation of the Site. You access and use this Site at your own risk. The Content (including all information available on or through the Site) is provided "AS IS" and we are not responsible for its use or misuse. Access to this Site from locations where the Content may be illegal is prohibited and you are responsible for compliance with applicable local laws. You are also responsible for taking all necessary precautions to assure that any material you obtain from this Site is free from computer viruses, worms, Trojan horses or other destructive devices.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE CONTENT, (IV) WARRANTIES RELATING TO THE OPERATION OF THE SITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS) (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY, AND (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. MILGARD AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF MILGARD OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
Links from this Web Site
We have provided hyperlinks from this Web Site and descriptions of or references to selected third party Web sites, products and services as a convenience to you. However, by providing such links, we are not endorsing such third parties or their Web sites or their products or services. We are not responsible for and make no representations about the contents or use of such hyperlinked third party sites or any further links contained there to other sites. If you use a Web site that is hyperlinked to this Web Site, you do so at your own risk; we are not responsible for assuring that hyperlinked sites are free from computer viruses, worms, Trojan horses or other destructive devices. We may discontinue our hyperlinks to any third party site at any time without notice or obligation to you.
Links to this Web Site
If you wish to provide a hyperlink from your Web site to this Web Site, you may do so only under the following conditions: (i) any link to our Site must be a text-only link and clearly marked "Milgard Web Site"; (ii) the link must "point" to the URL www.milgard.com and not to other pages within our Site; (iii) when selected by a user, the link must display our Site on full-screen and not within a "frame" on the linking site; (iv) the appearance, position and other attributes of the link may not imply that you or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with us; (v) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks; (vi) the linked site may not contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age, racial, religious and other groups protected by law; and (vii) we reserve the right to revoke our consent to the link at any time in our sole discretion and you will remove the link immediately upon our request. By linking your Web site to ours, you are agreeing to be bound by these terms.
Limitation of Liability
NEITHER MILGARD NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE OR ANY LINKED SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, OR ANY LINKED SITE IS TO STOP USING THE SITE, CONTENT OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MILGARD FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
These Terms will be governed by and construed in accordance with the laws of the State of Washington and the United States of America, without reference to any choice of law rules under Washington law. You agree that any action at law or in equity arising out of or relating to these Terms or relating your use of this Web Site will be filed only in the state or federal courts located in Pierce County, Washington and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and to waive any jurisdictional, venue or inconvenient forum objections to such courts.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including suspension or blocking of your access to this Web Site. Our failure to enforce any provision of these Terms will not constitute a waiver of such provision or of our legal or equitable rights. You agree to defend and indemnify us and our directors and employees from and against any and all damages, claims, liabilities and costs arising directly or indirectly from (i) your violation of these Terms or your use of this Site; (ii) any allegation that any materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Site.
Notice for California Users
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Access By Minors
Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web site of the Internet Education Foundation (http://kids.getnetwise.org/tools/) and of America Links Up (http://www.netparents.org/parentstips/browsers.html).
The Site is solely directed to individuals residing in the United States. We make no representation that Content available on or through the Site is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.
The information contained on the Site may not be current and should not be used or relied on for any decision to invest in, purchase, retain, sell or otherwise transfer the stock of our parent company, Masco Corporation, or for any related purpose. Masco Corporation is a publicly held Delaware corporation and files quarterly and annual reports with the United States Securities and Exchange Commission in Washington, D.C. (“SEC”).
Statements in any news release of Milgard, contained on the Site or communicated orally or in writing that concern us or our management and that are not historical facts are “Forward-Looking Statements.” Forward-Looking Statements include, without limitation, statements that (a) include the words “believes,” “expects,” “anticipates,” “estimates” or words of similar importance or meaning with reference to us or our management; (b) are specifically identified as forward-looking; (c) describe any of our plans, objectives or goals for future operations and products; or (d) concern the characteristics and growth of our markets or customers or our expected liquidity and capital resources. Forward-Looking Statements are only predictions involving important factors and risks that may cause actual results to differ materially from those discussed in any Forward-Looking Statement. Those important factors and risks include, without limitation, economic, competitive, governmental and technological factors affecting our operations, markets, products, services and prices. Important factors and risks are described in our parent company's (Masco Corporation's) current annual report filed with the SEC, and may be detailed from time to time in additional reports and other filings of Masco Corporation filed with the SEC. Copies of the most recent reports and other filings of Masco Corporation can be accessed through the SEC EDGAR system located at www.sec.gov or may be obtained at no charge from the Masco Corporation. Milgard expressly disclaims any obligation or responsibility to update or revise or supplement any Forward-Looking Statement in any news release or generally to any extent.