Terms and Conditions

TERMS AND CONDITIONS OF USE OF CHICAGO WINDOW AND DOOR SOLUTIONS (CWDS, A DIVISION OF MANOR SERVICES, INC.) WEB SITE

1 ACCEPTANCE OF TERMS
1.1
Your access to and use of Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) (“The Website”) and the Website and/or Services outlined in Clause 2, are subject exclusively to these Terms and Conditions. You will not use the Website and/or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website and/or Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions for any reason whatsoever you are not authorized to use this Website and/or Services and must immediately stop using the Website/Website and/or Services.   The terms herein apply to any and all visits to the Website and/or Services.

1.2
Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) reserves the right to update or amend these Terms and Conditions at any time and  your continued use of the Website and/or Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

2 THE WEBSITE AND/OR SERVICES
2.1 Content:
The Website may provide tools including but not limited to articles, videos, email, newsletters, bulletin boards, customer portals, project-specific sub-sites, chat areas, news groups, forums and/or other message or communication facilities  (the “Content”) designed to educate on the subject matter at hand, and enable you to communicate with others. Unless stated otherwise the Website and/or Services are for your personal and non-commercial use only.

2.2 Monitoring
In order to ensure that the Website and/or Services remain available to all users,  CWDS may monitor network  user and traffic  for any purpose whatsoever, including but not limited to: identifying unauthorized attempts to upload or change information or to otherwise cause damage to the site;  Discerning usage patterns and traffic on the Webstie and/or Services;  Employing standard web analytics to make decisions concerning the Website and/or Services.  You, the User accessing this Website and/or Services expressly consents to any such monitoring.

2.3 Attempts to Modify or Deface
Unauthorized attempts to modify, alter, deface, destroy or corrupt any information stored on this site or this system, to defeat or circumvent any security features, to probe, scan or test for vulnerabilities, to breach security or authentication measures, to forge TCP/IP headers, to install or attempt to install unauthorized software, to mount Denial of Service attacks or to utilize this system for other than its intended purposes are expressly prohibited and may result in your criminal prosecution.

2.4 Criminal Prosecution
Any possible criminal activity will be reported, together with any evidence which may be gathered, to the appropriate authorities.

3  SUPERVISION OF MINORS
Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) is concerned about the safety and privacy of its users, particularly minor children.  The content of the Website  and /or Services is intended for adults over the age of 18 years of age.  Parents who wish to allow their minor children access to and use of the Website and/or Services should supervise such access and use. By allowing your child access to the website you are allowing your child access to all of the Website and/or Services as outlined in section2, above.  It is therefore your  sole responsibility to determine what content is appropriate for your child.  Always use caution when revealing personally identifiable information about yourself or your children via any of the Website and/or Services.

4 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete the  registration process by providing certain information and registering a username and  password for use with the Website and/or Services. You are responsible for maintaining the confidentiality of  the username and password and also for all activities that take place under your account.  You agree to immediately notify Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) of any  unauthorized use of your password or account or any other breach of security. In no event will Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password, nor any subsequent loss of personal privacy or data as a result thereof.  You may not use another person’s account at any time, for any purpose.

5 ACCEPTABLE USE
5.1
You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted  by Chicago Window and Door Solutions (CDWS, a division of Manor Services, Inc.) , posted publicly by others or transmitted privately by others, are the sole responsibility of the person from whom such Content  originated.

Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) makes best effort to insure the accuracy of the Content CWDS provides, but  does not and cannot  control or endorse user-supplied Content and further, cannot guarantee the accuracy, integrity or quality of any Content whether supplied by CWDS or others.  You acknowledge that by using the Website and/or Services you may be exposed to Content that is inaccurate and/or unacceptable for your purpose.  Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) will not be liable in any way for any Content made available via the Website and/or Services, nor for any loss or damage of any kind,  including but not limited to personal, or business losses resulting from the use of any  Content transmitted via the Website and/or Services and you (the end-user) agree to bear all risks associated with the use of  any Content, including any reliance on the accuracy or completeness of such Content, whether supplied by CWDS or Others.

5.2
In using the  Website and/or Services you agree not to:
5.2.1
use the Website and/or Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
5.2.2
post, publish, distribute or disseminate material or information that is defamatory,infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
5.2.3
post, publish, distribute or disseminate material or information that incites  discrimination, hate or violence towards any person or group on account of their race,  religion, disability, nationality or otherwise;
5.2.4
threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
5.2.5
use any information or material in any manner that infringes any copyright, trademark,  patent or other proprietary right of any party;
5.2.6
make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
5.2.7
collect or store personal information about others, including  but not limited to email addresses, SMS accounts, Social Media accounts, Mobile accounts;
5.2.8
advertise or offer to buy or sell goods or Website and/or Services for any commercial purpose, unless specifically agreed-to in writing by CWDS;
5.2.9
impersonate any person or entity for the purpose of misleading others;
5.2.10
violate any applicable laws or regulations of any country, region, territory, state, county/parish or local government entity;
5.2.11
use the  Website and/or Services in any manner that could damage, disable, overburden or impair the Website and/or Services or interfere with any other party’s use and enjoyment of  the Website and/or Services;
5.2.12
post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a non-disclosure  and/or a confidentiality agreement);
5.2.13
attempt to gain unauthorized access to any of the Website and/or Services, other accounts, computer  systems or networks connected to the Website and/or Services through  “hacking”, password  mining, “phishing”, or any other means whatsoever.

5.3
Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) has no obligation to monitor the Website and/or Services but shall be entitled to review materials posted to any communications facility of the Website and/or Services, and, at its sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.   Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) is the sole arbiter in matters concerning the suitability of content on its Website and/or Services.

6 TERMINATION and MODIFICATION
Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) has the right to terminate or modify your access to any or all of the Website and/or Services at any time,  without notice, for any reason, including without limitation, breach of the Terms and  Conditions outlined in this instrument.   Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) may also at any time, at its sole discretion, discontinue or modify the  Website and/or Services or any part thereof without prior notice and you agree that Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) shall not be liable to you nor to any third-party for any termination or modification of your access to the  Website/Website and/or Services.

7  HYPERLINKS and ENDORSEMENTS
7.1
The Website and/or Services may include HTML hyperlinks (links) to third party websites that are controlled and maintained by others. Any link(s) to other websites and/or services is NOT an endorsement of such websites, services, nor their parent bodies, and you acknowledge and agree that Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) is not responsible for the content  or availability of any such third-party websites and/or services.
7.2
Endorsements:  Reference on this Website and/or Services to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the site’s visitors only, and does not constitute endorsement, recommendation, or favoring by CWDS.

8 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America  or the country in which you reside (if different) and with all local laws, statutes, and regulations regarding acceptable use of and conduct on the Internet.

9 INTELLECTUAL PROPERTY RIGHTS (Copyright and Trademark)
9.1
The Website/Services and its content (including but not limited to the Website design, text, graphics and all software and  computer programming source codes connected with the Website and the Website and/or Services) are protected by copyright, trademarks, patents and/or other intellectual property rights and laws available under United States Copyright and Trademark law.  In accessing the Website and/or Services  you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold, or distributed without the prior written consent of Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.), the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website deemed for educational and/or instructional  non-commercial use only.   You may not sell, rent, lease, or otherwise profit from the re-distribution of our Content, including both CWDS and site user-supplied Content, in any way whatsoever.

9.2 Copyright of Origin:  By uploading, transmitting, posting, or otherwise making Content available to CWDS, you are certifying that you are the sole copyright holder of such Content.  If you do not own the Copyright to the Content, you may not post it to our Website and/or Services.

9.3
Ownership:  Anything you transmit, post, or otherwise make available to the Website and/or Services becomes the sole property of Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.).  By doing so you are transferring the copyright to and granting Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) a world-wide, royalty free  license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content in perpetuity via the Website and/or Services, and/or any other distribution means whether broadcast, digital, electronic, or printed.
9.4
Opinion
The views expressed by any individual within any collaborative portions of the Website (forums, responses) are the views of that individual only and do not necessarily reflect or represent in any way the views of CWDS.

10  INDEMNITY
You agree to indemnify and hold Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) and its employees, associates, agents, heirs, and assigns, harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) by any third party arising out of your use of the Website and/or Services and/or any Content submitted, uploaded, posted or transmitted through the Website and/or Services, including but not limited to, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including all legal costs and expenses) howsoever suffered or incurred by Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) in consequence of your breach of these Terms and Conditions.

11 DISCLAIMERS AND LIMITATION OF LIABILITY
11.1
Use of the Website and/or Services is wholly at your own risk. The Website and/or Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whatsoever whether express or implied, including but not limited to the Implied warranties of satisfactory quality, fitness for a particular purpose,non-infringement, compatibility, security and accuracy.

11.2
To the extent permitted by law, Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) will not be liable for any indirect or consequential  loss or damage whatsoever (including but not limited to loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Website and/or Services.

11.3
Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) makes no warranty that the Website and/or Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Website and/or Services will be uninterrupted or error free, that defects will be corrected, or that the Website and/or Services or the infrastructure (network, computer servers, switches et al)  that makes them available are free of viruses, malware,  or anything else that may be harmful or destructive to you,  the end-user,  or to your associates, heirs, or assigns.
11.4
Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
11.5
Liability Exclusion
Chicago Window and Door Solutions (CWDS, a division of Manor Services, Inc.) and its employees, associates, agents, heirs, and assigns (the Providers) will not under any circumstances be liable to you nor any other person (including  but not limited to  corporate entities, associations,  and/or other organizations) for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special,indirect or consequential loss or damage or punitive damages, or medical cost, personal injury or other physical or emotional harm arising whether in contract, tort or under any other theory of law or equity, arising from, in connection with, or relating to the use of the Website and/or Services by you or any other person, and regardless of any negligence or other fault or wrongdoing by  the Providers or any other person for whom any of them is responsible.
11.6
Liability limitation
In no event will the Providers ever be liable to you or any other person for any claims,proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort orunder any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by the Providers or any person for whom either the Providers are responsible, in an amount exceeding $1.00 or the pro-rated amount you paid to the Providers for the use of the Website and/or services, if any, that is the subject of the claim, whichever is the lesser amount.
11.7
Release:
You hereby release, remise and forever discharge the Providers and all of their respective associates, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Website and/or Services.

Advice and information provided by the Providers and all of their respective associates, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons, or through the Website and/or Services, whether oral or written, will not create any representation, warranty or condition, or vary or amend this agreement, including the above disclaimers, liability exclusions, liability limitations, and release.  You may have other legal remedies available to you not outlined herein.

12 SEVERANCE
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

13 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of the State of Illinois and the United States of America, and you hereby submit to the exclusive jurisdiction of the US and/or Illinois courts as-prescribed.   Further, the user forever explicitly waives any and all rights to bring any action of any sort in relation to this Website and/or Services  in any court anywhere else in the world.