Website User Agreement

Terms & Conditions


1. Acceptance of Terms: Rex Glass & Mirror Co ("Rex Glass", “the Company” or "we", "us", "our"), provides access to the Company’s website, located at www.rexglass.com (the "Site"). Your use of the Site is subject to your acceptance of this Website User Agreement ("Agreement").

By accessing, browsing, framing, using and/or linking to the Site, you become a User (defined herein) and agree to be bound by the terms of this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement, please contact Rex Glass before using the Site at Privacy@rexglass.com.

2. Types of Users: Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "User" under this Agreement.

3. Privacy: You agree that you have read and understand the terms of Rex Glass’ Privacy Policy, which can be accessed at Privacy Policy [link].

4. Use of the Site: You understand that Rex Glass tries to get it right every time, but sometimes we might not. Therefore, we cannot and do not guarantee that the Site will be free of infection from viruses or other malicious programs that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information. So, we’re relying on you to implement sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

5. Risk: Internet Use: To the fullest extent permitted by applicable law, you assume total responsibility and risk for your use of the Site and the internet among other things, you acknowledge and agree that any uploads or transmissions you make may be intercepted and used by an unauthorized third party.


6. No Warranties: Due to circumstances that we unfortunately can’t control, Rex Glass does not warrant that the Site or services will meet user requirements, or that the Site or services will be uninterrupted or error free or that defects in the Site will be corrected.  The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis.

 

Rex Glass does not make any express or implied warranties, representations, or endorsements whatsoever (including, but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, the Site content, any merchandise or services provided through the Site or on the internet generally.

 

Rex Glass shall not be liable for any cost or damage arising either directly or indirectly from any transactions entered into through the Site.  Some states may not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

7. System Outages: Rex Glass periodically schedules system downtime for maintenance and other purposes because we want the Site to be available for you as often as possible. In addition, unplanned system outages also may occur. We are sorry, but Rex Glass shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages. Also, to the fullest extent permitted by applicable law, Rex Glass shall not have any responsibility for any third-party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

8. Indemnification: You agree to indemnify, defend and hold Rex Glass and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (a) your misuse or abuse of the Site, or (b) your breach of any provision of this Agreement.  You will cooperate as fully as reasonably required in Rex Glass’ defense of any claim. Rex Glass reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of Rex Glass.

9. Intellectual Property: The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content"), is the property of Rex Glass and/or its affiliates or partners and is protected by federal and international copyright and trademark laws, or other proprietary laws. These rights are protected in all forms, media and technologies existing now or hereinafter developed.  You may print and download portions of the Content from the different areas of the Site solely for your personal non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Rex Glass.

You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license, or create derivative works with respect to the Site or the Content. Certain Content may be used with permission and/or licensed from third parties and all such third-party Content and all intellectual property rights related to the third-party Content belong to the respective third-party licensors. You may not remove, alter, or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or in the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Rex Glass.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Rex Glass or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any copyright owned by Rex Glass or any third party.

10. Policy Regarding Copyright Infringement and Designation of a Copyright Agent: Rex Glass' policy regarding copyright infringement and Rex Glass' designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:

Rex Glass respects the intellectual property rights of others and requires those that visit our Site to do the same. Rex Glass may, in appropriate circumstances and at its discretion, remove or disable access to material on its Site or its network that infringes upon the copyright rights of others. Rex Glass also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our Site or users of our network repeatedly infringe upon the copyrights of others, we may in our sole discretion terminate those individuals' rights to use our Site and/or network.

If you believe that your work has been used on our Site or our network in any manner that constitutes copyright infringement, please notify Rex Glass' copyright agent by written notice. The notice should include the following information:

 

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
     

  • A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
     

  • Identification of the location on our website or network of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
     

  • your name, address, telephone number and email address;
     

  • A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
     

  • A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

    Please contact us via the blow addresses for notice of claims of copyright infringement on this website:
     

Mail:                                                                           Email: Privacy@rexglass.com.
Rex Glass & Mirror

108 Kisow Drive

Pittsburgh, PA 15205

P: 412.921.7777

F: 412.921.2324


11. Limitation of Liability: To the fullest extent permitted by applicable law, neither we nor any other party involved in creating, producing, or distributing the Site or providing products or services through the Site shall be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from(a) the use of or inability to use the site; (b) the cost to procure substitute merchandise and services resulting from any merchandise, data, content or services purchased or obtained or transaction entered into through or from the Site; (c) unauthorized access to or alteration of your transmissions or data; (d) statements, warranties, guarantees, or conduct of Rex Glass or any third party on the Site, including but not limited to statements about the use or functionality of any merchandise purchased through the Site; or (e) any other matter relating to the Site.

To the fullest extent permitted by applicable law, Rex Glass also shall not be liable for any cost or damage arising either directly or indirectly from any transactions entered into through the Site. 

 

You hereby acknowledge that the limitations on liability stated in this section shall apply to all content, merchandise, and services available through the Site.  To the fullest extent permitted by applicable law, Rex Glass’ total cumulative liability under these terms shall not exceed the lesser amount of any fees paid to Rex Glass for the use of the site by you or $5.00.  The limitations of liability provided in this agreement inure to the benefit of Rex Glass, our affiliates, and to all of our respective officers, directors, employees, attorneys, and agents.

 


12. Your Account and Membership Obligations: In consideration of your use of the Site you agree to: (a) provide accurate and current information about yourself as prompted by the Site (the "Registration Information"); and (b) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Site and future access to the Site.

You are responsible for maintaining the confidentiality of your password and any other account details (collectively, "Account Information") and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. Rex Glass shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information.

13. International Users: Rex Glass makes no claims that the Content is appropriate or may be downloaded outside of the United States. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

14. User Feedback: Should any User respond to Rex Glass with any information, questions, requests, opinions, comments, suggestions, or the like regarding the content of the Site, Rex Glass products or services or otherwise (collectively "Comments"), such Comments shall be deemed to be non-confidential. Rex Glass shall have no obligation of any kind with respect to such Comments and shall be free to reproduce, use, disclose and distribute the information to others in accordance with our Privacy Policy [link].

15. Acceptable and Lawful Use of the Site
Any information provided to Rex Glass in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Rex Glass or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail (i.e., "Spam").

16. Miscellaneous: Severability; No Waiver; Assignment; Third Party Beneficiary Rights; Entire Agreement; Shipping Via US Mail; Coupons and other promotional discounts: In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by Rex Glass, at any time or times, to require performance of any provision hereof shall in no manner affect Rex Glass' right at a later time to enforce such provision. No delay or failure by Rex Glass in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. you may not assign your rights or delegate your responsibilities hereunder without the express written permission of Rex Glass. Rex Glass may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Rex Glass and you pertaining to the subject matter hereof.

Rex Glass reserves the right to change its prices without notice to you or any of its customers.

17. Updates and Modifications: In its sole discretion, Rex Glass may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. Rex Glass reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone. If you have any questions about this Agreement, email us at Privacy@rexglass.com.

18. Termination: Rex Glass may immediately issue a warning, suspend, or terminate your access to the Site or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. you may terminate your account by emailing us at Privacy@rexglass.com.