Effective date: February 22, 2023

The following Terms of Use (“Terms”) apply to all users of the Exciting Windows! website located at <https://excitingwindows.biz/> and its associated websites, subdomains, mobile versions, any associated applications, services and events (collectively, the “Services”), which are operated by Exwin LLC (“Exciting Windows!,” “we” or “us”).

These Terms represent a legally binding agreement between you, an individual user or a single entity (collectively or individually “Users”), and Exciting Windows! regarding your use of the Services. Together, Users and Exciting Windows! are each referred to herein individually as a “Party” or collectively as the “Parties.” When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time on the Exciting Windows! website (the “Guidelines”).  All Guidelines are incorporated by reference into these Terms.

BEFORE USING THE SERVICES, PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING, BROWSING, USING AND/OR REGISTERING FOR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SERVICES.

1. Children. You must be the age of Majority or older(18 in most states of the United States; older in some jurisdictions) to become a member. While individuals under the age of 18 (but not younger than 13) may use the Exciting Windows! website, they must do so only with the consent and involvement of a parent or legal guardian, under such persons account and otherwise subject to these Terms. Exciting Windows! does not seek through its Services to gather personal information from or about persons under the age of 13. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.

• Privacy Notice. Your privacy is important to Exciting Windows!. Exciting Windows!’s Privacy Policy is incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to Exciting Windows!’s collection, use and disclosure of your personal information. A link to our Privacy Policy is also contained in the footer of the Exciting Windows! website.

• Modification of the Terms. Exciting Windows! reserves the right, at our discretion, to change, modify, add or remove portions of these Terms at any time for any reason, and we may notify you of such changes through any of a variety of means, including a change to the “Effective date” set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. Please check these Terms periodically for changes. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.

• Events. Please see our Event Terms and Conditions, which are incorporated by reference into these Terms.

• Services Access, Linking. Exciting Windows! grants you permission to use its Services as set forth in these Terms, provided that and for so long as (i) you use the Services solely for your personal, non-commercial use that does not compete, directly or indirectly; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise use or exploit any portion of the Services in any medium without Exciting Windows!’s prior written authorization; (iii) you do not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purposes; (iv) you do not engage in any of the prohibited uses as described in these Terms; and (v) you otherwise fully comply with these Terms.  The Services are controlled and offered by Exciting Windows! from its facilities in the United States.  Exciting Windows! makes no representations that the Services are appropriate or available for use in other locations.  If you are accessing or using the Services from other jurisdictions, you do so at your own risk, and you are responsible for compliance with local laws.

• Ownership; Proprietary Rights. The Services, including all content, visual interfaces, interactive features, audio, video, digital content, information, text, graphics, design, compilation, computer code, products, software, services, proprietary information, copyrights, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel,” arrangement of items, and all other elements of the Services that are provided by Exciting Windows! (“Exciting Windows! Materials”) are owned and/or licensed by Exciting Windows! and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties.  Exciting Windows! Materials do not include Non-Exciting Windows! Content (as defined below). Except as expressly authorized by Exciting Windows!, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, reverse engineer or disassemble any software or otherwise make unauthorized use of the Services or Exciting Windows! Materials. Exciting Windows! reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the Exciting Windows! Materials, except for the limited rights expressly set forth in these Terms.

• Account Information. 
  • General. If you register with us, or otherwise provide user information, you must complete the registration process by providing us with complete and accurate account information. You grant to us and to all other persons and entities involved in the operation of the Services the right to use, store, monitor, retrieve and transmit your account information in connection with the operation of the Services and as otherwise provided herein. Our information collection and use policies with respect to the privacy of your account information are set forth in our Privacy Policy, which is incorporated into these Terms by reference for all purposes. You acknowledge, consent, and agree that Exciting Windows! may access, preserve and disclose your account information and User Content (as defined below) if required to do so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to any claim that User Content (as defined below) violates the rights of third parties; (d) provide certain customized features of the Services to you, if any; (e) respond if you contact Exciting Windows! for any reason; or (f) protect the rights, property, or personal safety of Exciting Windows!, its other Users, and the public. 

• Password.  As you will be responsible for all activities that occur under your account, you should keep your password confidential. Our Services may implement technology that enables us to recognize you as the account holder and provide you with direct access to your account when you access the Services. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or Exciting Windows! compatible devices, and you agree to accept responsibility for all activities that occur under your account or password. Where possible, users of public or shared devices should log out at the completion of each visit. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your email address or password), you shall immediately notify Exciting Windows!. Then, you should report this incident to all of your card issuers, as well as your local law enforcement agency. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

• Account Termination. Accounts terminated by us for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated. We reserve the right to immediately terminate your account at our sole discretion, and without prior notice to you if, for example, you violate the Terms. Without limiting the foregoing, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate your account and remove all of your User Content (as defined below) from our Services.

• User Content.

(a) General. Users may post or link media, text, ideas, questions, audio and video recordings, photos, graphics, commentary or other information or content (“User Content”), and to host and/or share such User Content. Exciting Windows! makes no representations that your User Content will remain available via the Services in any way. We may remove your User Content at our sole discretion. YOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE SERVICES IS MADE PUBLICLY AVAILABLE TO USERS OF THE SERVICES, AND EXCITING WINDOWS! DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.

(b) Grant of Rights. By submitting User Content to Exciting Windows!, you hereby grant Exciting Windows! a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Services and Exciting Windows!’s (and its successor’s, transferees’, sublicensees’ and their respective affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels or through merchandising. You grant Exciting Windows!, transferees and sublicensees (and their respective affiliates) the right to use the name that you submit in connection with such User Content if we choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Services and these Terms. The above licenses granted by you in User Content you submit to us shall be perpetual and irrevocable, except that with respect to any User Content that you have removed or deleted while maintaining your User account, or any User Content following any deactivation or deletion of your User account, you may specifically notify Exciting Windows! regarding the termination of the foregoing license from you to Exciting Windows!, specifically identifying the item(s) of User Content to which such termination applies, in which case the foregoing license will terminate within a commercially reasonable time after you provide such notice to Exciting Windows!. You understand and agree, however, that even following such termination, Exciting Windows! may retain, but not display or perform, server copies of such User Content.  Notwithstanding anything to the contrary herein, the above licenses granted by you in user comments you submit are perpetual and irrevocable.

(c) Your Representations and Warranties Regarding User Content. You shall be solely responsible for your own User Content and the consequences of posting such User Content. In connection with User Content, you acknowledge and agree that: (i) your User Content is not confidential or secret, (ii) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Exciting Windows! to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by Exciting Windows! and these Terms, and to grant the rights and license set forth in this Section, and (iii) your User Content, Exciting Windows!’s use of such User Content pursuant to these Terms, and Exciting Windows!’s exercise of the license rights set forth in this Section, do not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) violate any applicable law or regulation, (iv) you have no expectation of compensation or confidentiality of any nature with respect to your User Content and we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to your User Content; and (v) you shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Services, your User Content or its posting on, or submission to, the Services, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

(d) Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with your User Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Services: (i) any falsehoods or misrepresentations that could damage Exciting Windows! or any third party; (ii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iii) advertisements or solicitations of business, products, or services; or (iv) any material that would be harmful to minors in any manner.

(e) No Responsibility for User Content. With the exception of the limited license granted above, we do not obtain or control any rights in, and do not exert editorial control over, User Content. Nothing herein obligates us to verify, and we have not necessarily verified, the representations and warranties made by Users with respect to such User Content.

• Non-Exciting Windows! Content Disclaimer. You understand that when using the Services you will be exposed to User Content, advertising and other third party content (together, the “Non-Exciting Windows! Content”) from a variety of sources and that you may be exposed to Non-Exciting Windows! Content that may be inaccurate, offensive, indecent, or otherwise objectionable. Exciting Windows! does not endorse any Non-Exciting Windows! Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Exciting Windows! be liable in any way for or in connection with the Non-Exciting Windows! Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-Exciting Windows! Content, any intellectual property infringement or misappropriation with regard to any Non-Exciting Windows! Content, or for any loss or damage of any kind incurred as a result of the use of any Non-Exciting Windows! Content posted, emailed or otherwise displayed or transmitted through the Services.

1. Non-Monitoring of Users and Non-Exciting Windows! Content. You understand that you, and not Exciting Windows!, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available through the Services. Exciting Windows! does not control Non-Exciting Windows! Content posted by Users or otherwise made available by other persons or entities and does not have any obligation to monitor such Non-Exciting Windows! Content for any purpose. If at any time Exciting Windows! chooses, in its sole discretion, to monitor the Non-Exciting Windows! Content, Exciting Windows! nonetheless assumes no responsibility for the Non-Exciting Windows! Content, no obligation to modify or remove any inappropriate Non-Exciting Windows! Content, no obligation to continue to monitor the Non-Exciting Windows! Content and no responsibility for the conduct of the User or other person or entity submitting any such Non-Exciting Windows! Content. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other Non-Exciting Windows! Content, including any reliance on the accuracy, completeness, usefulness, non-infringement or legality of such User Content or other Non-Exciting Windows! Content.

1. Removal of Non-Exciting Windows! Content. Exciting Windows! and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Non-Exciting Windows! Content that is available on the Services in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.

1. Prohibited Uses of the Services.

(a) As a condition of your use of the Services, you hereby acknowledge and agree that you will not use the Services for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms.

(b) You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Services, use of the Services, access to the Services, or Non-Exciting Windows! Content obtained through the Services, except as expressly permitted in these Terms.

(c) Except as expressly provided in Section 4, you agree not to create derivative works of the Services content, including, without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, unless permitted under these Terms or with the prior written authorization of Exciting Windows! and any applicable licensors.

(d) You agree not to use the Services if you do not meet the eligibility requirements described in Section 1 above.

(e) You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Services, or collect, or attempt to collect, personal information about Users or third parties without their consent.

(f) You agree not to intentionally interfere with or damage, impair or disable the operation of the Services or any User’s enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Services with the intended result of denying service to other Users.

(g) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security- related features of the Services, features that prevent or restrict the use or copying of any part of the Services, or features that enforce limitations on the use of the Services.

(h) You agree not to attempt to gain unauthorized access to the Services or any part of it, including gaining access or attempting to gain access to another user’s account, computer systems or networks connected to the Services or any part of it, through request, hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted through the Services.

(i) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree neither to modify the Services in any manner or form (other than contributing User Content as enabled by the Services’ functionality and in accordance with these Terms), nor to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services or for the removal of any proprietary notices or labels on the Services.

(j) You agree that you will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.

(k) You agree not to utilize framing techniques to enclose any trademark, logo, or other Exciting Windows! Materials without our express prior written consent. You agree not to use any meta tags or any other “hidden text” utilizing Exciting Windows!’s name or trademarks without Exciting Windows!’s express prior written consent.

(l) You agree not to use any Exciting Windows! logos, graphics, or trademarks as part of the link without our express prior written consent.

(m) You agree not to sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Services to any third party.

(n) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Services or to insert your own or a third party’s advertising, branding or other promotional content on the Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

(o) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(p) You agree not to use the Services in any manner that could interrupt, damage, disable, overburden or impair the Services, or interfere with any other party’s use and enjoyment of the Services, including, without limitation, sending mass unsolicited messages or “flooding” servers.

(q) You agree not to modify, adapt, translate, or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(r) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

(s) You agree not to post, transmit or otherwise disseminate through the Services any User Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.

Unauthorized or prohibited use of the Services or the Exciting Windows! Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.

1. Social Media Component

In certain sections of the Services, you may also be able to post your comments on Facebook or other social media services.  For example, your friends and others who have access to view information about you on social media will be able to see (on Facebook and via our Services) that you posted a comment. You’ll also be able to see similar information about your Facebook friends who are connected to our Services. In addition, our Services may personalize and otherwise enhance your experience based on these social media pages, such as your basic information, likes and interests.  Please pay careful attention to your social media settings in your account as well as your privacy settings which will impact this feature and may give you some control over the information that is shared and who it is shared with.

While we hope that you find these features to be a great way to share information, including discovering new content, Facebook also offers ways to manage the information you share with Exciting Windows!.  See the respective social media websites for details.

By interacting with our social media accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to your social media accounts (in accordance with your privacy settings and your account settings on our Services).  If you do not want information about you to be shared in this manner, do not use the social media features.  

1. Dealings with Advertisers and other Users. Your correspondence or business dealings with, or participation in promotions of, advertisers and other Users found on or through the Services are solely between you and such advertiser or User. YOU AGREE THAT EXCITING WINDOWS! WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR USERS VIA THE SERVICE.

1. Links and Third Party Services.
2. Linking to the Services.  You agree that if you include a link from any other website to the Services, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Services.  You are not permitted to link directly to any image hosted on the Services, such as using an “in-line” linking method to cause the image hosted on the Services to be displayed on another website.  You agree not to download or use images hosted on the Services on another website, for any purpose, including, without limitation, posting such images on another website.  You agree not to link from any other website in any manner such that the Services, or any page of the Services, is “framed,” surrounded or obfuscated by any third party content, materials or branding.  We reserve all of our rights under the law to insist that any link to the Services be discontinued, and to revoke your right to link to the Services from any other website at any time.

• Reference Sites.  Exciting Windows!, Users and other third parties may provide links on the Services to other sites, including the content therein (“Reference Sites”). Exciting Windows! has no control over such Reference Sites or their content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or other content linked to.  Exciting Windows! provides links to you only as a convenience, and the inclusion of any link on the Services does not imply our affiliation, endorsement, or adoption of the linked Reference Sites or other content or any information therein. If you choose to correspond or engage in transactions with any other person, organization or business found on or through the Services, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information, your User Content, and/or the terms and conditions applicable to any transaction between you and such third party.  You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses via the Services.  Access and use of Reference Sites, including the information, content, material, products, and services on Reference Sites or available through Reference Sites, is solely at your own risk.  Our terms and policies do not govern your use of any website other than our Services. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.

1. Service Availability. Exciting Windows! may make changes to or discontinue any of the Exciting Windows! Materials, web communities, products or services available via the Services at any time, and without notice, and Exciting Windows! makes no commitment to update these materials.

1. Service Testing. From time to time, we test various aspects of the Services, including the platform, the app, user interfaces, service levels, plans, promotions, features, availability of Exciting Windows! Materials, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

1. Feedback. You agree that with respect to any contest entries, feedback, event, analysis, suggestions and comments to Exciting Windows! provided by you (collectively, “Feedback”), IN CONSIDERATION OF EXCITING WINDOWS! PROVIDING ACCESS TO THE WEBSITE FREE OF CHARGE, USER HEREBY GRANTS TO EXCITING WINDOWS! THE EXCLUSIVE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. User represents and warrants that User has the right to make the foregoing grant to Exciting Windows! and that any Feedback which is provided by User to Exciting Windows! does not infringe any third-party intellectual property or any other rights. Notwithstanding the foregoing, Exciting Windows! grants to you a non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.

1. Termination. You agree that your access to the Services or any account you may have or portion thereof may be terminated without prior notice, and you agree that Exciting Windows! shall not be liable to you or any third-party for any such termination. Exciting Windows! reserves the right to modify, suspend or discontinue the Services and/or access to it at any time and without notice to you, and Exciting Windows! will not be liable to you should it exercise such rights, even if your use of the Services is impacted by the change. These remedies are in addition to any other remedies Exciting Windows! may have at law or in equity.

• Indemnification; Hold Harmless. You agree to indemnify and hold harmless Exciting Windows! and its officers, directors, employees, agents and representatives from any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorney’s fees) arising out of (i) your use or misuse of the Services; (ii) your user content, including Exciting Windows!’s use, display or other exercise of its license rights granted herein with respect to your user content; (iii) your violation of these terms; (iv) your violation of the rights of any other person or entity, including claims that any user content infringes or violates any third party intellectual property rights; (v) your breach of the foregoing representations, warranties, and covenants; and (vi) any unauthorized use of your account. Exciting Windows! reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter giving rise to your indemnification obligations without the prior written consent of Exciting Windows!. Exciting Windows! will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

• Disclaimers; No Warranties.
• ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 22, AND SECTIONS 23 AND 24 BELOW, THE TERM EXCITING WINDOWS! INCLUDES EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS AND SUBCONTRACTORS.

• NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXCITING WINDOWS! DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXCITING WINDOWS! OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

•  “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, EXCITING WINDOWS! MATERIALS, USER CONTENT, NON-EXCITING WINDOWS! CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

• SERVICES OPERATION AND NON-EXCITING WINDOWS! CONTENT. EXCITING WINDOWS! DOES NOT WARRANT THAT THE EXCITING WINDOWS! MATERIALS, USER CONTENT, NON-EXCITING WINDOWS! CONTENT, SERVICES, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICES OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, HACKING, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

• ACCURACY. EXCITING WINDOWS! DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

• HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH MATERIAL OR DATA.

• LIMITATION OF LIABILITY AND DAMAGES.
• LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EXCITING WINDOWS! OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE FOR PERSONAL INJURY OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE EXCITING WINDOWS! MATERIALS AND USER CONTENT VIA THE SERVICES OR ANY REFERENCE SITES, THE WEBSITE ITSELF, OR ANY OTHER INTERACTIONS WITH EXCITING WINDOWS!, EVEN IF EXCITING WINDOWS! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

• LIMITATION OF DAMAGES. IN NO EVENT SHALL EXCITING WINDOWS! OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS (USD $100) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THAT SUCH CLAIM AROSE.

• THIRD PARTY PRODUCTS AND SERVICES. SOME USERS MAY USE THE SERVICES TO MARKET THEIR PRODUCTS AND/OR SERVICES. THE ABOVE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SUCH PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED BY USERS, OR OTHERWISE BY THIRD PARTIES OTHER THAN EXCITING WINDOWS! AND RECEIVED BY YOU THROUGH OR ADVERTISED VIA THE SERVICES OR THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION ANY REFERENCE SITES.

• LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN.
• LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

• BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT EXCITING WINDOWS! HAS OFFERED ITS SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND EXCITING WINDOWS!, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND EXCITING WINDOWS!. YOU ACKNOWLEDGE AND AGREE THAT EXCITING WINDOWS! WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

• Digital Millennium Copyright Act Compliance (“DMCA”).
  • Infringement Claims. If you are a copyright owner or an agent thereof, and believe that any User Content or other Non-Exciting Windows! Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Services and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Services;

• Information reasonably sufficient to permit Exciting Windows! to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

• A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Exciting Windows!’s designated Copyright Agent to receive notifications of claimed infringement is:

Exciting Windows!
Attn: Copyright Agent

22 Camlet Ct

Roseland, NJ 07068

Email Address: hello@excitingwindows.biz

Phone Number: 888-593-0076

Failure to include all of the above information, especially specific information about where infringing content may be found, will result in a delay in the processing of your DMCA notification and may result in your having to repeat some or all of the above process.

• Notice and Takedown. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. We may, at our discretion, deny access to the Services by, or disable and/or terminate the accounts of, Users who may be infringers.

• Copyright Counter-Notices. If content you posted on the Services was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications, which is governed by Section 512(g) of the DMCA, is as follows:

1. To file a counter-notification with us, you must provide our Copyright Agent, at the email address set forth above, with a written communication that sets forth the items specified below.

• Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) Users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.

• Elements of Counter-Notification. To expedite our ability to process your counter- notification, please use the following format (including section numbers):

1. Identify the specific URLs of (or other information sufficient to allow us to identify) material that Exciting Windows! has removed or to which Exciting Windows! has disabled access.

• Provide your full name, address, telephone number, email address and, if you are a registered User, the User name of your Exciting Windows! account.

• Provide a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which Exciting Windows! may be found, and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined above or an agent of such person.

• Include the following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

• Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:

Exciting Windows!
Attn: Copyright Agent

22 Camlet Ct

Roseland, NJ 07068

Email Address: hello@excitingwindows.biz

Phone Number: 888-593-0076

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Services. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).

• Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the Services is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New Jersey. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”

• Disclaimer: we are not your attorneys, and the information we present here is not legal advice. We present this information for informational purposes only.

• Miscellaneous Notice. Exciting Windows! may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Services. If Notice is by e-mail or mail, it will be provided to the e-mail or regular mailing address provided by you with your account information and it is your responsibility to update such account information for any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless Exciting Windows! is notified that the email address is invalid, and if through postal mail, three days after the date of mailing. You may provide Exciting Windows! with notices only by mail to the address indicated in subsection (l) below.

• Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law.  The Uniform Computer Information Transactions Act does not apply to these Terms.

• Arbitration. For any dispute you have with us, you agree to first contact us through email at hello@excitingwindows.biz attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in New Jersey before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, WE AND YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

• Notice for California Users.

Under California Civil Code Section 1789.3, users of our Services service from California are entitled to receive the following information on how to resolve a complaint regarding the Services service or to receive further information regarding use of the Services service:

Such complaints or requests may be submitted to Exciting Windows! by e-mail: hello@excitingwindows.biz.

• Claims. You agree that any cause of action brought by you arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.  If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could (i) compromise or endanger the health, well-being or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.

• Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Exciting Windows! to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

• Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

• Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Exciting Windows! without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

• Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

• Entire Agreement. This is the entire agreement between you and Exciting Windows! relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any Services Agreement that you may have entered into with Exciting Windows!. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Exciting Windows! as set forth in Section 3 above. All rights not expressly granted in these Terms are reserved to us.

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