Website standard terms and conditions

  1. Introduction

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

 

  1. Ownership and Intellectual Property Rights

This Website, including all its Content (defined as all the software and code comprising or used to operate this Website, and all the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Website, including User-Generated Content and Feedback) are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Homefront Brands or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on this Website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Website. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Website and to display, download, or print portions of this Website on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

Homefront Brands names and logos (including but not limited to, Mozzie DomeSM, Window Hero™, Top RailSM, TWS Temporary Wall SystemsSM, The DesignerySM, and BiltriteSM), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Homefront Brands (“Homefront Brands Marks”).

All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited, or otherwise indicated within this Website are the property of their respective owners. You are not authorized to display or use Homefront Brands Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, and/or trade dress of other owners featured within this Website without the prior written permission of such owners.

The use or misuse of Homefront Brands Marks or other trademarks, product names, company names, logos, service marks, and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

 

Other than content you own, which you may have opted to include on this Website, under these Terms, Homefront Brands and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,

 

  1. Restrictions and Your Obligations

In consideration of your use of this Website, you agree that to the extent you provide personal information to Homefront Brands it will be true, accurate, current, and complete and that you will update all personal information, as necessary.

To the extent you create an account through this Website, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you.

You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft, or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified, you will remain liable for any unauthorized use of your account.

You agree to use this Website in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Website any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. We reserve all rights and remedies available to us.

You are expressly and emphatically restricted from all of the following:

  • publishing any Website material in any media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is, or may be, damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  • using this Website to engage in any advertising or marketing;

 

Certain areas of this Website are restricted from access by you and Homefront Brands may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

 

  1. Your Content

In these Website Standard Terms And Conditions, the term “Your Content” means all the text, photographs, images, illustrations, graphics, sounds, video, and audio-video clips, and other content you post using functionality on this Website that allows you to publicly post that content, communicate with other users, or otherwise engage in social networking activities and that does not constitute “Feedback” (defined below).  User Content means all the text, photographs, images, illustrations, graphics, sounds, video, and audio-video clips, and other content other users post using functionality on this Website that allows them to publicly post that content, communicate with other users, or otherwise engage in social networking activities and that does not constitute “Feedback”  . With respect to Your Content, by displaying it, you grant Homefront Brands a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. Homefront Brands reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

You are responsible for Your Content that you post. Under no circumstances will we be liable in any way for any of YOUR CONTENT.

 

This means that you, not Homefront Brands, are entirely responsible for all YOUR CONTENT that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of YOUR CONTENT that you post is not your original work, it is your responsibility to obtain any necessary permission to post it.

 

Because we do not control YOUR CONTENT or User Content posted on or through this Website, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of YOUR CONTENT or User Content. You also agree and understand that by accessing this Website, you may encounter User Content posted by others that you may consider to be objectionable. We have no responsibility for any User Content, including without limitation any errors or omissions therein.

 

We are not liable for any loss or damage of any kind you may claim was incurred because of the use of any of YOUR CONTENT posted, emailed, transmitted, or otherwise made available on or through this Website. User Content posted on or through this Website expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of Homefront Brands or any person or entity associated with Homefront Brands.

 

You own Your Content, but we may use it. You own the copyright in any original material that constitutes YOUR CONTENT that you post. We do not claim any copyrights in YOUR CONTENT.

 

However, by using this Website you are granting us and our subsidiaries, affiliates, successors and assigns, and third parties with whom we share information pursuant to our privacy policy, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, adapt, reproduce, translate, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize YOUR CONTENT that you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same.

 

For this reason, we ask that you not post any of YOUR CONTENT that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.

 

We may disclose and/or remove Your Content. Homefront Brands has certain rights. We have the right (but do not assume the obligation) to:

 

  • monitor all YOUR CONTENT.
  • require that you avoid certain subjects.
  • remove or block any of YOUR CONTENT at any time without notice at our sole and absolute discretion.
  • disclose any of YOUR CONTENT and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Homefront Brands or others, or to enforce these Terms of Use, and
  • terminate your access to and use of this Website, or to modify, edit or block your transmissions thereto in our sole discretion.

 

You agree that our exercise of such discretion shall not render us the owners of YOUR CONTENT that you post, and that you will retain ownership thereof as described above.

 

Restrictions on Your Content. It is a condition of our Terms of Use that you do not:

  • upload, post, transmit or otherwise make available:
    • any of YOUR CONTENT that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy.
    • any of YOUR CONTENT that constitutes or encourages activity illegal under criminal or civil law.
    • Any of YOUR CONTENT that is false, misleading, or fraudulent.
    • any of YOUR CONTENT that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
    • Any of YOUR CONTENT that violates or infringes upon the rights of others, including YOUR CONTENT which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity.
    • any of YOUR CONTENT that contains the image, name, or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old, and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian.
    • any request for or solicitation of any personal or private information from any individual.
    • any request for or solicitation of money, goods, or services for private gain.
    • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or
    • any of YOUR CONTENT that contains advertising, promotions, or marketing, or which otherwise has a commercial purpose.
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or
  • violate any local, state, national or international law, rule, or regulation.

 

By posting Your Content, you represent and warrant that (i) you own or otherwise control all of the rights to YOUR CONTENT and have the right to grant the license set forth in these Terms of Use; (ii) YOUR CONTENT is accurate, and (iii) you have read and understood—and YOUR CONTENT fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.

 

Feedback

The term “Feedback” refers to all the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you post on or through this Website that is specifically about how we can improve this Website and the products and services we make available through this Website. The Feedback you provide to us through this Website will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Removal of Content

In general. You can seek removal of objectionable User Content by contacting us using the information provided below. We will review all such requests and will remove User Content that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if YOUR CONTENT has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of YOUR CONTENT we remove from this Website may remain on back-up servers.

 

Violation of copyrights. Homefront Brands does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

 

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Website or has been otherwise copied and made available on this Website in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest.
  • a description of the copyrighted work that you claim has been infringed.
  • a description of where the material that you claim is infringing is located on this Website (including the URL, title and/or item number if applicable, or other identifying characteristics).
  • your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner, and
  • a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Your statement must be sent to: [add email address]

 

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

 

Disclaimers

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS WEBSITE.

THIS WEBSITE AND ALL OF ITS CONTENT (INCLUDING YOUR CONTENT AND OTHER USER CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMEFRONT BRANDS, ITS FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS WEBSITE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOMEFRONT BRANDS, ITS AFFILIATES (WHICH INCLUDES COMPANIES FOR WHOM WE  PROVIDE SERVICES THAT HAVE COMMON OWNERS), AND THEIR SERVICE PROVIDERS, FRANCHISEES, LICENSEES, AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS WEBSITE; (C) THAT THE CONTENT OF THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS WEBSITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

HOMEFRONT BRANDS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED HOMEFRONT BRANDS SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN YOUR CONTENT AND OTHER USER CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF HOMEFRONT BRANDS.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, LICENSEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES (WHICH INCLUDES COMPANIES FOR WHOM WE  PROVIDE SERVICES THAT HAVE COMMON OWNERS, AND EACH OF THEIR DIRECTORS OFFICERS, FRANCHISEES, LICENSEES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE OR DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; THIRD PARTY CLAIMS; OR OTHER LOSSES, EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE.

YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

This Website gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions.

In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Top Rail Fence Links to Third-Party Websites

This Website may provide links to other websites operated by third parties (i.e., social media websites, vendor pages, websites of other corporations, limited liability companies, etc.). Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites.

 

Homefront Brands shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

 

Modification and Discontinuation

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend, or discontinue, temporarily or permanently this Website (or any portion thereof) and/or the information, materials, products and/or services available through this Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this Website.

 

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing.

 

Unless the written waiver contains an express statement to the contrary, no waiver by of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

 

  1. Indemnification

You agree to indemnify, defend and hold harmless Homefront Brands, its subsidiaries, franchises and affiliates (which includes companies for whom we  provide services that have common owners, and each of their directors officers, franchisees, licensees, employees, agents, suppliers, and licensors), and their respective officers, agents, partners and employees, to the fullest extent permitted by law from and against any and all loss, liability, claim, costs, causes of action, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Website in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Website causes us to be liable to another.

By installing any third-party application, you are authorizing such third-party application to perform the actions and/or share with the third-party application the information communicated to Homefront Brands or requested from Homefront Brands to perform the actions and/or share with the third-party application the information communicated to Homefront Brands, or requested from Homefront Brands. Homefront Brands is going to send that information through the third-party application, which will then go through the internet. Homefront Brands shall not be held responsible for any dissemination, use, misuse, and/or disclosure of the user’s information through use of this or any third-party application.

Homefront Brands

 

     8. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

  1. Variation of Terms

​​These Terms of Use are current as of the effective date set forth above. Homefront Brands reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Website. Your continued use of this Website after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Website.

  1. Assignment

​Homefront Brands shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

  1. Entire Agreement

These Terms, together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you and including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Homefront Brands and you in relation to your use of this Website, and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Homefront Brands with respect to this Website and your use of this Website.

  1. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of North Carolina, and you submit to the non-exclusive jurisdiction of the state and federal courts located in North Carolina for the resolution of any disputes.