DESIGN CONTENT TERMS AND CONDITIONS OF USE
Access to this portion of the Hunter Douglas Contract website, and to the Revit, AutoCAD, PDF and other drawings and files contained herein (collectively referred to as the “Design Content”) is subject to registration requirements and to your express agreement to the terms and conditions of access set forth herein. We ask that you carefully read the terms and conditions set forth below. If you choose to proceed to access the Design Content, you must provide the information requested below and click the I AGREE button set forth below.
Subject to these terms and conditions of use, and provided that you have provided the registration information requested and clicked the I AGREE button below, Hunter Douglas grants you the permission to view and use, on a non-exclusive basis and only for your own personal or business computer-aided consideration of Hunter Douglas products in relation to design intent and constructability, the Design Content. The Design Content is owned by Hunter Douglas, its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, and/or other intellectual property or proprietary rights laws. You will not acquire any right, title or interest in the Design Content and you may not post any Design Content on any internet site or otherwise distribute, sell, publish, reproduce or broadcast any Design Content without Hunter Douglas’s prior written consent. Hunter Douglas may revoke, or add additional terms or conditions to, its permission for you to view and use the Design Content, at any time in its sole discretion.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Design Content using your user name, password or other security information. You agree to notify Hunter Douglas immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You acknowledge that Hunter Douglas has the right to disable any user name, password or other identifier, whether chosen by you or provided by Hunter Douglas, at any time in its sole discretion.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THAT THE DESIGN CONTENT IS BEING MADE AVAILABLE TO YOU WITHOUT CHARGE ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY WHATSOEVER, EXPRESSED OR IMPLIED. ANY AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED BY HUNTER DOUGLAS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HUNTER DOUGLAS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPATIBILITY, USABILITY, READABILITY, OR MERCHANTABILITY OF THE DESIGN CONTENT OR OF THE FITNESS OF THE DESIGN CONTENT FOR ANY PARTICULAR PURPOSE. HUNTER DOUGLAS ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE DESIGN CONTENT OR THE WEBSITE WILL NOT INFRINGE OR VIOLATE ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. HUNTER DOUGLAS DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED IN THE WEBSITE OR THE DESIGN CONTENT, AND DOES NOT WARRANT THAT THE WEBSITE, ITS SERVER OR THE DESIGN CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION OR DISAPPOINTMENT WITH THE DESIGN CONTENT OR THE WEBSITE IS TO STOP USING IT.
You acknowledge that (i) the Design Content may come from various sources, and Hunter Douglas may or may not prescreen the Design Content, (ii) Hunter Douglas does not guarantee the accuracy, integrity or quality of the Design Content, (iii) Hunter Douglas may update the Design Content from time to time, in its sole discretion, but is under no obligation to do so, (iv) the Design Content is not necessarily complete or up to date, and (v) you are solely responsible for evaluating and determining the accuracy and suitability of the Design Content for your purposes.
IN NO EVENT SHALL HUNTER DOUGLAS OR ANY OF ITS AFFILIATES BE LIABLE FOR OR RESPONSIBLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, PERSONAL, ACTUAL, CONSEQUENTIAL, INCIDENTAL OR OTHERWISE, OR LOSS OF PROFITS OR BUSINESS OPPORTUNITY, RESULTING OR ARISING FROM ANY USE OF OR INABILITY TO USE THE DESIGN CONTENT OR THIS WEBSITE, EVEN IF HUNTER DOUGLAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO LIMIT OR EXCLUDE LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree not to use the Design Content (i) in any unauthorized, improper or unlawful manner, (ii) for any use or in any manner that would violate any third party’s copyrights, patents or other intellectual property rights, or (iii) in any manner that would violate any export control requirements. You further agree not to delete, minimize or alter any copyright, trademark or other proprietary rights notices from copies of the Design Content.
You hereby indemnify and release, and agree to defend and hold harmless, Hunter Douglas Inc. and its direct and indirect parent companies, subsidiaries affiliates, customers, distributors and agents, and each of their respective officers, directors, employees agents, successors and assigns, from and against any and all losses, damages, claims, costs and expenses (including but not limited reasonable attorneys fees) suffered, sustained or incurred as a result of or arising out of your use of the Design Content or the website. It is your intention that this be given the broadest possible construction to cover any and all such losses, damages, claims, costs and expenses, for any cause whatsoever, even including (but not limited to) the negligence of Hunter Douglas Inc. or any other indemnified party.
Hunter Douglas Inc., the owner of this website, is based in the United States of America, and provides this website and the Design Content for use only by persons located in the United States and Canada. Hunter Douglas makes no representations that the website or the Design Content is accessible or appropriate outside of the United States. Access to the website and the Design Content may be prohibited or restricted in certain countries. If you access the website or the Design Content from outside the United States, you do so on your own initiative and are responsible for compliance with all foreign and local laws (in addition to all applicable export control or other laws of the United States and its various jurisdictions).
This User Agreement shall be construed in accordance with the laws of the State of Georgia, USA, without reference to any conflicts of laws principles. You hereby submit to and waive any objection to the exclusive jurisdiction of the United States District Court for the Northern District of Georgia and the state courts located in Gwinnett County, Georgia, in respect of all claims, suits and proceedings arising out of or related to the Content or this User Agreement.
No waiver by Hunter Douglas of any term or condition set forth in these terms and conditions of use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or conditions, and any failure by Hunter Douglas to assert a right or provision under these terms and conditions shall not constitute a waiver of such right or provision.
If any provision of these terms and conditions of use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these terms and conditions of use will continue in full force and effect.
The website is operated by Hunter Douglas, One Duette Way, Broomfield, Colorado 80020. Any comments, feedback or other communications relating to the website or the content should be directed to firstname.lastname@example.org.