Terms of Use
The Bristolite Daylighting Systems (Bristolite) website
http://www.bristolite.com) provides promotional information about Bristolite,
its products, services, representatives and distributors. Additionally, our website
provides general information regarding the fenestration industry, daylighting and
energy conservation. The following Terms of Use apply to your use of this site.
By accessing, browsing and/or inputting information or otherwise using this Site,
you agree to be bound by these Terms of Use. If you do not agree you may not use
our site.
Trademarks
Bristolite Daylighting Systems, Bristolite, logos, product and product feature names
referenced herein are trade names, trademarks and service marks of Bristolite. The
images and information contained herein are copyrighted and may not be distributed,
modified, or otherwise used outside the scope of normal web browsing and/or specifying
and/or purchasing products and/or services without the express written permission
of:
Bristolite Daylighting Systems
401 East Goetz Avenue
Santa Ana, CA 92707
Other product or company names mentioned herein may be the trade name, trademark,
or service mark of their respective owners.
Disclaimer
The information and materials available on or through the Site, including text,
images, and links, are PROVIDED "AS IS" BY BRISTOLITE, SOLELY AS A CONVENIENCE
TO VISITORS OF THIS SITE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
BRISTOLITE DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION
AND MATERIALS, AND BRISTOLITE EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS
IN THIS INFORMATION AND MATERIALS. THERE IS NO WARRANTY THAT ANY INFORMATION, SERVICE,
PRODUCTS, MATERIALS OR OTHER CONTENT AVAILABLE ON OR THROUGH THIS SITE, OR BRISTOLITE'S
COMPUTER SYSTEM WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
BRISTOLITE DISCLAIMS A WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING
THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY
OR QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION CONTENT, INFORMATION
ACCESS AND ORDER EXECUTION, FREEDOM FROM COMPUTER VIRUS, IN CONNECTION WITH THIS
SITE OR AVAILABLE INFORMATION AND MATERIALS, EVEN IF BRISTOLITE HAS BEEN ADVISED
OR IS OTHERWISE AWARE OF THE POSSIBLE DAMAGES.
Limited Liability
IN NO EVENT SHALL BRISTOLITE BE LIABLE FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL,
CONSEQUENTIAL, SPECIAL, DIRECT OR INDIRECT DAMAGES, LOSSES, OR EXPENSES ARISING
IN CONNECTION WITH THIS SITE OR ANY LINKED WEBSITE, OR USE THEREOF OR INABILITY
TO USE, BY ANY PARTY OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE
OR SYSTEM FAILURE, EVEN IF BRISTOLITE, OR ITS REPRESENTATIVE THEREOF, IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, EXCEPT AS LIMITED BY APPLICABLE
LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
Changes
Bristolite reserves the right to make product changes without notice and, although
we try to update this site to reflect product changes, it is the responsibility
of the customer to review all product specifications before ordering. Bristolite
does not warrant the accuracy of information on this website. Bristolite does not
accept responsibility for any loss, whether consequential or otherwise, from errors
or omissions, and reserves the right to change the contents of this website without
prior notification. Check with your local Bristolite sales representative, distributor
or Bristolite Daylighting Systems directly about current product features, options,
specifications, availability and pricing.
Copyright Notices
Bristolite respects the rights of all copyright holders. If you believe your copyright
has been infringed, you may notify RA Beets at Bristolite Daylighting Systems in
writing rbeets@bristolite.com. . To be
effective, your notice must include substantially the following, as provided for
under the Online Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act, 17 U.S.C. 512(c)(3):
- A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed
- Identification of the copyright work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
- dentification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party,
such as an address, telephone number, and, if available, an electronic mail address
at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent,
or the law; and
- A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Indemnity
You agree to indemnify, defend and hold Bristolite and its vendors harmless from
and against all claims, losses, liability, cost, and expenses (including attorneys'
fees) arising from your violation of these Terms of Use or use or misuse of this
Site, or of any service, product, information or materials provided through this
Site. Your obligations under this Section will survive your termination of access
to or use of this Site.
Links from this Web Site
This web site contains links to other World Wide Web sites and resources maintained
by third parties. The linked sites may not be under the control of Bristolite, and
Bristolite shall not be responsible for the content of any linked site or link contained
in a linked site. These links are provided as a convenience only, and the inclusion
of any link does not imply an endorsement, affiliation, or sponsorship by Bristolite
of that site. Any use of or reliance on any such information, content, and materials
is at your own risk.
Submissions
You agree to provide true, accurate, current and complete information about yourself
when you elect to provide personal information to Bristolite via its Site. You also
agree to maintain and promptly update any such information to keep it accurate.
Privacy and Security
We understand the need to safeguard your information and records from unauthorized
use and disclosure. Please see the Bristolite Privacy Statement posted on the Site.
Cross-border Transmission of Data
You acknowledge and agree that by providing Bristolite with your personal or proprietary
information in any application or transaction request through this Site, you hereby
consent to the transmission of such personal or proprietary information to or by
Bristolite, and its service providers or marketers, over state and international
borders as necessary for handling your application or transaction request in accordance
with Bristolite’s standard business practices, subject to Bristolite’s Privacy Statement.
Enforceability
In the event any of the provisions of these Terms of Use shall be held to be unenforceable,
the remaining provisions shall be unimpaired, and the unenforceable provision shall
be replaced by such enforceable term or provision as comes closest to the intention
underlying the unenforceable term or provision. These Terms of Use shall be subject
to and do not alter any other agreements you have entered into with Bristolite.
Applicable Law
This Site (excluding linked sites) is controlled by Bristolite from its offices
within the State of California, United States of America. By accessing this Site,
you agree that all matters relating to your use of this Site shall be governed by
the statutes and laws of the State of California, and the federal laws of the U.S.A.,
without regard to the conflicts of laws principles thereof. The application of the
United Nations Convention of Contracts for the International Sale of Goods, and
the model Uniform Computer Information Transactions Act approved by the National
Conference of Commissioners on Uniform State Laws (as enacted and/or modified into
any state law in the U.S.A.), are expressly excluded and shall not apply.