Terms of Service
Throughout the site, the terms “we”, “us” and “our” belong to windowbreaker.net itself. We offer this website, including all information and services available from this platform to you, the user, conditioned upon your acknowledgement and acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any portion of this site, you agree to abide by these Terms of Service. If you do not agree to any of the terms and conditions set forth herein, you may not access the site or use any of its services. If these Terms of Service are construed as an offer, acceptance is expressly limited to these Terms of Service.
Section 1 - Online Store Terms
By accepting these Terms of Service, you acknowledge that you have reached the age of legal majority in the state or province in which you reside, or that you have reached the age of legal majority in the state or province in which you reside, and have agreed that we will allow any of your minor dependents to use the site.
You are prohibited from using our products for any unlawful or unauthorized purpose, and your use of the Services must not violate any laws applicable in your jurisdiction (including, without limitation, copyright laws). You must refrain from transmitting any worms, viruses or any code of a destructive nature. Any breach or violation of these Terms will result in immediate termination of your Services.
Section 2 - General Conditions
We reserve the right to refuse service to any individual at any given time for any reason. You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may involve transmissions across various networks and changes to conform and adapt to the technical requirements of interconnected networks or devices.
You consent not to replicate, duplicate, copy, sell, resell, or exploit any segment of the Service, the utilization of the Service, or access to the Service, including any contact on the website through which the service is rendered, without explicit written permission from us.
Section 3 - Accuracy Completeness and Timeliness of Information
We shall not be held accountable if the information presented on this site is inaccurate, incomplete, or not up-to-date. The content on this site is offered solely for general informational purposes and should not be solely relied upon or utilized as the sole foundation for decision-making without consulting primary, more accurate, more comprehensive, or more timely sources of information. Any reliance on the content provided on this site is undertaken at your own risk.
This site might include certain historical data. Historical data, by its nature, may not be current and is solely provided for your reference. We retain the right to alter the contents of this site whenever necessary, yet we are not obliged to update any information on our site. You acknowledge that it is your responsibility to keep track of any changes made to our site.
Section 4 - Modifications to the Service and Prices
Prices of our products may change without prior notice. We retain the right to adjust or cease the Service (or any part or content of it) without prior notice at any time. We shall not be held liable to you or any third-party for any modifications, price alterations, suspensions, or terminations of the Service.
Section 5 - Products or Services (if applicable)
We have endeavored to represent the colors and images of our products in the store as accurately as possible. However, we cannot ensure that the display of colors on your computer monitor will be entirely accurate.
Some products or services may be exclusively accessible online via the website. These products or services might have restricted quantities and are eligible for return or exchange only as outlined in our Return Policy.
We retain the right, though not the obligation, to restrict the sale of our products or services to any individual, geographic region, or jurisdiction. We may exercise this discretion on a case-by-case basis. Additionally, we reserve the right to impose quantity limits on any products or services we provide.
All product descriptions or pricing are subject to alteration at any time without prior notice, solely at our discretion. We retain the right to terminate the availability of any product at any time. Any offer for a product or service presented on this site is void where prohibited by law.
We do not guarantee that the quality of any products, services, information, or other materials acquired or obtained by you will meet your expectations, nor do we ensure that any errors in the Service will be rectified.
Section 6 - Accuracy of Billing and Account Information
We retain the authority to decline any order you make with us. We may, at our sole discretion, restrict or annul quantities purchased per individual, per household, or per order. Such limitations may apply to orders placed under the same customer account, the same credit card, and/or orders utilizing identical billing and/or shipping addresses. If we decide to modify or cancel an order, we will make efforts to inform you by reaching out to the email and/or billing address/phone number provided during the order placement.
You consent to furnish current, comprehensive, and precise purchase and account details for all transactions conducted at our store. Additionally, you agree to promptly update your account and other pertinent information, such as your email address, credit card numbers, and expiration dates, to facilitate the completion of your transactions and enable us to contact you as necessary.
Section 7 - Third-Party Links
Some content, products, and services accessible through our Service may incorporate materials from third parties.
Links to third-party websites on this site may redirect you to websites that are not associated with us. We do not undertake to review or assess the content or accuracy of these third-party websites, and we do not guarantee nor assume any liability or responsibility for any materials or websites provided by third parties, or for any other materials, products, or services offered by third parties.
We are not responsible for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions conducted in association with third-party websites. Prior to engaging in any transaction, please thoroughly review the policies and practices of the third party and ensure that you comprehend them. Any complaints, claims, concerns, or inquiries regarding third-party products should be addressed directly to the third party.
Section 8 - User Comments, Feedback, and Other Submissions
If, upon our request, you submit certain specific materials or if you voluntarily provide creative ideas, suggestions, proposals, plans, or other content, whether via online platforms, email, postal mail, or any other means (collectively referred to as ‘comments’), you agree that we may utilize, without limitation, your comments in any medium, including but not limited to editing, copying, publishing, distributing, and translating them. We are not obligated to:
- Maintain any comments in confidence;
- Provide compensation for any comments;
- Respond to any comments.
We reserve the right, though we are not obligated, to monitor, edit, or remove content that, at our sole discretion, we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You acknowledge and agree that your comments will not infringe upon any third-party rights, including but not limited to copyright, trademark, privacy, personality, or any other personal or proprietary rights. Additionally, you agree that your comments will not contain any libelous, unlawful, abusive, or obscene material, nor will they contain any computer virus or other malware that could potentially disrupt the operation of the Service or any associated website. You are prohibited from using a false email address, pretending to be someone other than yourself, or misleading us or third parties regarding the origin of any comments. You bear sole responsibility for the accuracy of any comments you make. We do not accept responsibility and assume no liability for any comments posted by you or any third party.
Section 9 - Personal Information
Your submission of personal information through the website is subject to our Privacy Policy, which outlines how we collect, use, and protect your data.
Section 10 - Errors, Inaccuracies, and Omissions
From time to time, there may be instances of typographical errors, inaccuracies, or omissions in the information provided on our site or through the Service. These may pertain to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We retain the right to rectify any such errors, inaccuracies, or omissions. Additionally, we reserve the right to modify or update information, or to cancel orders, if any information within the Service or on any associated website is found to be inaccurate, without prior notification (even after you have placed your order).
We are not obligated to update, revise, or clarify information provided in the Service or on any associated website, including pricing information, except as mandated by law. The absence of a specified update or refresh date within the Service or on any related website should not be construed to imply that all information contained therein has been revised or updated.
Section 11 - Prohibited Uses
In addition to other prohibitions outlined in the Terms of Service, you are prohibited from utilizing the site or its content for the following purposes:
Engaging in any unlawful activities;
Soliciting others to engage in unlawful acts;
Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
Infringing upon or violating our intellectual property rights or those of others;
Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
Providing false or misleading information;
Uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service, related websites, other websites, or the Internet;
Collecting or tracking the personal information of others;
Engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
Using the Service for any obscene or immoral purposes;
Interfering with or circumventing the security features of the Service, related websites, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.
Section 12 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee that the outcomes derived from using the service will be accurate or reliable. You agree that we may occasionally suspend the service for indefinite periods or terminate it at any time, without prior notice to you.
You explicitly agree that your utilization of, or incapacity to utilize, the service is solely at your own risk. The service, as well as all products and services provided to you through the service, are (unless expressly stated by us) offered ‘as is’ and ‘as available’ for your use, without any representations, warranties, or conditions of any kind, whether express or implied. This includes all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.
Under no circumstances shall Window Breaker, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products obtained through the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 13 - Indemnification
By agreeing to these Terms of Service, you agree to indemnify, defend, and hold Window Breaker, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless against any claim or demand, including reasonable attorneys’ fees, brought forth by a third party due to your breach of these Terms of Service or the documents referenced herein, or your violation of any law or the rights of a third party.
Section 14 - Severability
If any provision of these Terms of Service be deemed unlawful, void, or unenforceable, such provision shall remain enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be considered severed from these Terms of Service, with such determination having no impact on the validity and enforceability of the remaining provisions.
Section 15 - Termination
The responsibilities and debts of the involved parties that were accrued before the termination date will remain valid even after the termination of this agreement for all intents and purposes. These Terms of Service remain in effect unless terminated by either party. You have the option to terminate these Terms of Service at any time by informing us of your decision to discontinue using our Services, or by ceasing to use our site.
If, in our sole discretion, you fail to comply with any term or provision of these Terms of Service, or if we suspect such failure, we reserve the right to terminate this agreement at any time without prior notice. In such cases, you will still be responsible for all outstanding amounts up to and including the termination date. Additionally, we may deny you access to our Services (or any part thereof) as deemed appropriate.
Section 16 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service does not waive our right to do so in the future. These Terms of Service, along with any policies or operating rules posted by us on this site or related to the Service, constitute the complete agreement between you and us governing your use of the Service. They supersede any previous or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party who drafted them.
Section 17 - Governing Law
These terms and conditions are subject to and shall be interpreted in accordance with the laws of the United States.
Section 18 - Changes to Terms of Service
You have the option to review the latest version of the Terms of Service on this page at any given time. We retain the right, at our sole discretion, to update, modify, or substitute any portion of these Terms of Service by publishing updates and alterations on our website. It is your obligation to periodically review our website for any modifications. Your ongoing use of or access to our website or the Service subsequent to the posting of any alterations to these Terms of Service signifies your acceptance of those changes.
