ALENCONLINE.COM - Terms of Use
(Last Updated: August 28, 2023)
Acceptance of the Terms and Conditions
This Terms of Use Agreement (“Agreement”) states the terms and conditions under which you may use this web site (the “ALENCONLINE.COM Web Site”), which is owned by Alenco, Inc (hereinafter, “Alenco”). Please read this Agreement carefully. The ALENCONLINE.COM Web Site contains information on Alenco, their products and services, showroom locations, career information, and contact information. The ALENCONLINE.COM Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ALENCONLINE.COM Web Site constitutes your agreement to all such terms, conditions, and notices.
Privacy and Protection of Personal Information
See the Privacy Statement for disclosures relating to the collection and use of your personal information.
Modification of These Terms of Use
We reserve the right to change the terms, conditions, and notices under which the ALENCONLINE.COM Web Site is offered at any time. You are responsible for regularly reviewing these terms and conditions, and your continued use of the website constitutes your agreement to such modifications.
Restriction on Use of Materials
You acknowledge that the ALENCONLINE.COM Web Site contains Content that is protected by copyrights, trademarks, service marks and other proprietary rights (whether registered or not), and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You also acknowledge that the Content is and shall remain the property of Alenco. You shall at no time assert any claims of ownership over any Content by reason of your use of or any right to use the ALENCONLINE.COM Web Site. You shall comply with all copyright and trademark laws with respect to the Content. You may print copies of the Content provided that these copies are made only for personal, non-commercial use and that you maintain any notices contained in the Content. Otherwise, you are prohibited from copying or modifying the Content.
Links to Third Party Sites
The ALENCONLINE.COM Web Site may contain links to or feeds from other web sites (“Linked Sites”). The Linked Sites are not under the control of Alenco and Alenco is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. Alenco is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Alenco of the site or any association with its owners or operators.
Any dealings with third parties (including advertisers) included within or available via a link from the ALENCONLINE.COM Web Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Alenco shall not be responsible or liable for any part of any such dealings or promotions.
No Unlawful or Prohibited Use
As a condition of your use of the ALENCONLINE.COM Web Site, you warrant to us that you will not use the ALENCONLINE.COM Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ALENCONLINE.COM Web Site in any manner which could damage, disable, overburden, or impair the ALENCONLINE.COM Web Site or interfere with any other party’s use and enjoyment of the ALENCONLINE.COM Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ALENCONLINE.COM Web Site.
Liability Disclaimer
INFORMATION PRESENTED ON THE ALENCONLINE.COM WEB SITE IS PROVIDED FOR INFORMATIONAL PURPOSE ONLY. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE ALENCONLINE.COM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALENCO MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ALENCONLINE.COM WEB SITE AT ANY TIME.
ALENCO, ITS INDEPENDENTLY OWNED FRANCHISEES AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION CONTAINED ON THE ALENCONLINE.COM WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ALENCO, ITS INDEPENDENTLY OWNED FRANCHISEES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL ALENCO, ITS INDEPENDENTLY OWNED FRANCHISEES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ALENCONLINE.COM WEB SITE, WITH THE DELAY OR INABILITY TO USE THE ALENCONLINE.COM WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION OBTAINED THROUGH THE ALENCONLINE.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ALENCONLINE.COM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALENCO OR ANY OF ITS INDPENDENTLY OWNED FRANCHISEES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ALENCONLINE.COM WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ALENCONLINE.COM WEB SITE.
Termination/Access Restriction
Alenco reserves the right, in its sole discretion, to terminate your access to any or all of the ALENCONLINE.COM Web Site at any time, without notice.
Choice of Law and Location for Resolving Disputes
This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, except regarding its conflicts of laws rules. Any action relating to the ALENCONLINE.COM Web Site, Content or this Agreement must be brought in the federal or state courts located in Johnson County, Kansas, and you hereby irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the ALENCONLINE.COM Web Site, Content or this Agreement must commence within one (1) year after the claim or cause of action arose or be barred.
General
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Alenco because of this agreement or use of the ALENCONLINE.COM Web Site. You agree to indemnify and hold Alenco, its parents, subsidiaries, affiliates, and franchisees, and their respective officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the ALENCONLINE.COM Web Site. Alenco reserves the right to disclose any personal information about you or your use of the ALENCONLINE.COM Web Site, including its contents, without your prior permission if Alenco has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Alenco or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Alenco’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Alenco’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ALENCONLINE.COM Web Site or information provided to or gathered by Alenco with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Alenco with respect to the ALENCONLINE.COM Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Alenco with respect to the ALENCONLINE.COM Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
