Terms & Conditions
Last Revised: August 27, 2021
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE GRABER WEBSITE, APP, AND/OR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS Graber WEBSITE, APP, AND/OR SERVICES IN ANY MANNER.
SECTION 14 BELOW HAS A MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS. BY AGREEING TO THESE TERMS, YOU AGREE TO THOSE PROVISIONS.
These Terms and Conditions (“Terms”) are entered into by and between You and Graber, and its affiliates (collectively, “Graber” or “we”) and applies to our provision and your use of our website, member.graberblinds.com, and the websites of our affiliates, including, but not limited to those found here: springswindowfashions.com/brands(collectively, the “Website” or “Websites”), and/or our mobile applications (“App”) (the Website and App are hereinafter collectively our “Site”) and/or any related services on which these Terms appear. Your use of the Site and services is subject to your acceptance and compliance with these Terms. Please read the following information carefully and do not use this Site or services if you do not accept these terms. By continuing to use this Site or services, you agree to these Terms, as updated from time to time.
1. Your Use of This Site and Services
The Site, services, and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Graber, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Graber grants you and/or your Authorized Users a non-exclusive, limited, non-transferable license to use, view, and download the materials at this Site only for your personal and/or internal business use (including use directly associated with the sales and marketing of Graber products), subject to these Terms. Use, duplication or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
2. Account; Authorized Users
Some Sites or services may allow you to create an account (“Account”) to access or purchase certain products or services and allow you to choose your credentials to access your Account. In some instances, you may be able to designate authorized users who can access and use your Account. You will be responsible and liable for keeping your credentials secure and for all actions, purchases, and transactions on or made through your Account, whether by you or an Authorized User. Any actions made on or through your Account will be presumed to have been made by you or your Authorized User. You shall notify Graber immediately if you become aware of any unauthorized access to or use of an Account or credentials to access that Account. Graber may, in its sole discretion, de-activate any Account or invalidate any credentials if it believes that that Account is being used fraudulently or by or on behalf of unauthorized parties.
3. Site Copyrights
You agree to retain on any copies all copyright and other proprietary notices associated with any original materials that you download or use from this site. You may not modify the materials on this Site in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or external business purpose, except as set forth above. Any product, process or technology described in these materials may be the subject of other intellectual property rights (including patent rights) reserved by Graber and are not licensed for any purpose hereunder. Any software (“Software”) that is made available to download from this Site is the copyrighted work of Graber and/or its suppliers, and any reproduction, redistribution, or use of such Software shall be governed by the terms of the end-user license agreement, if any, that accompanies or is included with the Software. Unless expressly provided for in such end-user license agreement, reproduction of the Software for purposes of redistribution or for other than personal or internal business use is expressly prohibited. Further, you agree:
Not to copy, reproduce, distribute, publish, display, perform, modify, or create derivative works from the Site. Without limiting the generality of the foregoing, you may not distribute any part of the Site over any network, nor sell or offer it for sale. You may not copy, decompile, reverse-engineer, disassemble, modify, or create derivative works of the Site. Open Source software used in the Site is provided in accordance with the terms of the applicable Open Source Software license, and Graber is not a party to the same. We reserve all rights that are not specifically granted to you.
That you are expressly prohibited from presenting the Site in a setting created by you or a third party (e.g., through framing), particularly (but not exclusively) where that setting includes advertising or other materials that we have not authorized to be displayed with the Site.
Registered and common law trademarks and service marks of Graber, including without limitation Graber logos (and any other marks or logos marked “®” or “™” on the site), may not be copied or used in any manner without written authorization from Graber.
5. Data Controller or Owner
Graber is the Controller or business that owns any and all data, including personal information, collected or processed directly from individuals on Graber Site or services. Some Sites and services allow you to submit or provide Graber information, including personal information, of your customers or individuals with whom you directly interact (“Business Customer(s)”). You are the Controller or owner of your Business Customer information and are the Business that collects and processes that information from your Business Customers. As such, you are responsible for: (A) obtaining all necessary permission and consents to enter, process, and use the Business Customer information on our Site and Services; (B) ensuring that Business Customer information is accurate and correct; and (C) providing any necessary or legally required notices or disclosures to your Business Customers relating to your use and processing of their information through the Site and/or services. To the extent that Graber processes or discloses Business Customer information, Graber: (a) acts as a Service Provider or Processor as those terms are defined under applicable privacy laws and does so strictly in providing you products or services and in accordance with your instructions; (b) may only process, use, retain, and/or disclose Business Customer information solely to provide the products or services you request; (c) is strictly prohibited from retaining, using, and/or disclosing Business Customer information for any reason or purpose other than providing you the requested products or services; and (d) does not receive any monetary and/or other valuable consideration for disclosing Business Customer information to third parties.
6. User Communications
Any material, information or other communications you voluntarily transmit, post or otherwise submit electronically to or through the Site (“Submissions”) will be deemed non-confidential. Accordingly, do not send confidential or proprietary information to Graber through the Site. By sending Graber your Submissions, you grant Graber an unrestricted, irrevocable license to use, reproduce, display, perform, modify, create derivative works from, transmit and distribute the Submissions, and you grant Graber has the right to use any ideas, concepts, know-how or techniques contained in or suggested by the Submissions for any purpose, including but not limited to the development, manufacturing and marketing of products and processes. You are prohibited from posting or transmitting to or from this Site any material that is defamatory, knowingly false, threatening, obscene, profane, or that would otherwise give rise to civil or criminal liability.
7. Internet Links
For your convenience, this Site may contain links to third party sites that Graber does not own or maintain. With respect to those sites, Graber assumes no liability and does not endorse or make any representations about any information, products or services associated with those sites or any results that may be obtained from using such sites. Your access and use of such third party sites, and use of any information obtained as a result of that access, is at your sole risk.
8. Your Warranties
You represent and warrant that you will be responsible for your and your Authorized Users’ use of the Sites, App, and/or services, including any transactions and/or purchases you or your Authorized Users make, and that your use of the Sites, App, or services, and the content will be consistent with the limited license granted to you herein and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; SO, IN THOSE JURISDICTIONS ONLY THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
10. Changes to This Site
Graber may make changes to the site and the information contained within it or any Site-related service at any time without notice. Some information and Site-related services may be out of date or contain inaccuracies or errors. Graber makes no guarantees whatsoever as to the correctness or accuracy of the site or the information presented on or through the site and makes no commitment to update or correct the information obtained through or presented on this site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Graber business contact for information regarding the products, programs and services that may be available to you.
11. Limitations of Liability
Graber IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN OR ACCESSED THROUGH THE SITE, EVEN IF Graber HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
You agree to defend, indemnify, and hold harmless Graber, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, your use of the Site's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.
13. Mandatory Arbitration; Class Action Waiver
You agree that all claims or disputes arising out of the Terms will be decided by an arbitrator through arbitration and not by a judge or jury (“Arbitration Agreement”). This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) and evidences a transaction involving commerce. The arbitration will be conducted before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), which are available at www.adr.org. The arbitrator’s fees and the costs will be shared equally by the parties, unless prohibited by law. Parties are responsible for their own attorneys’ fees. The arbitration proceeding will take place in Waukegan, Illinois, unless otherwise agreed. A court of competent jurisdiction will have the authority to enter judgment on the arbitrator’s decision and award. The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything herein and/or the applicable AAA Rules, the interpretation, applicability or enforceability of the Class Action Waiver and/or the arbitrability of a claim or dispute may only be determined by an arbitrator. The following claims are excluded from this Arbitration Agreement: (a) claims in small claims court; (b) claims to enforce or to prevent the actual or threatened violation of a party’s intellectual property rights; (c) claims for temporary relief in connection with an arbitrable controversy; and (d) claims that are non-arbitrable per the applicable federal statute.
14. Limited Time to Bring a Claim
YOU AND WE AGREE TO BEGIN ANY CLAIM AND/OR ARBITRATION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.
15. Waiver of Jury Trial
YOU WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Graber are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 14 above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
16. Controlling Law, Jurisdiction, and Venue
Graber primarily operates this site from its headquarters in Middleton, WI. The Terms are governed by and construed in accordance with the laws of the Wisconsin, exclusive of its choice of law rules. Subject to Section 14 above, any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site or services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin in each case located in the City of Middleton and County of Dane. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
17. Waiver and Severability
No waiver by Graber of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Graber to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 the Terms will continue in full force and effect.
18. Monitoring and Enforcement; Termination
We have the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU WAIVE AND HOLD HARMLESS Graber AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GRABER DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER Graber OR LAW ENFORCEMENT AUTHORITIES.
19. Contact Information
You can contact us about questions relating to these Terms at:
ATTN: General Counsel
7549 Graber Rd.
Middleton, WI 53562-1096
20. Revisions to the Terms