Vitro America (“Vitro”) Site Terms – What You Agree to When Using this Site

Welcome to Vitro’s website (the “Site”) . This Site is provided by Vitro and may be used for informational purposes only. The terms of use (the “Site Terms”) impose absolute conditions on your access to the Site and any use you make of it, so please read them carefully.  Other than as set forth herein they do not alter, in any way, the terms and conditions of any agreement which you may have with Vitro, or any of its subsidiaries or affiliates.  Vitro reserves the right to change the Site Terms at any time, effective immediately upon posting on the Site and any changes or modifications will be effective upon posting of the revisions and notice of such changes on the Site.  Your continued use of this Site following the posting of such changes or modifications will constitute your acceptance of such changes or modifications.  Therefore, you should frequently review the Site and the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site.

You agree that at Vitro’s sole discretion, and without prior notice, Vitro may terminate your access to the Site, or exercise any other remedy available to it, if Vitro believes that you have violated, or may have violated, or taken any action inconsistent with, the Site Terms.

Permitted Use

This Site is not intended to be a substitute for professional advice concerning our products and services.  Accordingly, Vitro shall, notwithstanding anything to the contrary contained herein, or elsewhere, have no liability should your use of any of the products or services of Vitro fail to comply, in any respect, with applicable law, rule and/or regulation or with industry guidance or guidelines, as the same may now be in effect or as they may be amended, at any time, and from time to time.  In furtherance thereof, you do hereby agree to indemnify, defend and hold harmless Vitro, and each of its employees, agents, officers, directors, representatives and affiliates from and against any and all loss, cost (including, but not limited to, legal fees, costs and expenses), damage or expense arising, directly or indirectly, out of any actual, or alleged, failure by either you, or any of your employees,
agents or subcontractors, to comply, at any time, with then applicable law, rule and/or regulation or with industry guidance or guidelines, as the same
may now be in effect or as they may be amended, at any time, and from time to time.

You may visit, view, and retain a copy of the pages of this Site for your own personal use. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute material, including code and software, from the Site for commercial or business use.

Unauthorized Use Of the Site

Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of, or linking to, the Site, or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and appropriate legal action will be taken.

Links And Search Results

The Site may automatically produce search results that reference or link to third-party sites throughout the worldwide web. When you access another

web site, even one that may contain the Vitro logo, please understand that it is independent from Vitro.

Vitro makes no claims or representations regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party sites accessible from the Site or third party sites linking to the Site.  The third party linked sites are not under the control of Vitro and Vitro is not responsible for the content of any third party linked site or any link contained in a third party linked site, or any review, changes or updates to such sites.  Vitro is providing these links to you solely as a convenience and the inclusion of any link does not imply affiliation, endorsement, or adoption by Vitro of the site or any information contained therein.  When leaving the Site, you should be aware that Vitro’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies including privacy and data gathering practices, of that site.  In addition, Vitro does not represent or warrant that those sites or this Site will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree that you may not make a claim against Vitro for any damages or losses whatsoever resulting from your use of the Site to obtain search results or to link to another site or for any other reason.

Intellectual Property; Trademark; Copyright Policy

Vitro owns the documents, information, materials and software on this Site unless otherwise indicated. Vitro does not grant any express or implied right to you under any patents, trademarks, copyrights or other intellectual property.  Vitro does not transfer either title or intellectual property rights to the software used on this Site, and Vitro retains full and complete title to the software as well as all intellectual property rights therein.

We post a legal notice and various credits on certain pages of the Site, which may not be removed. You agree not to remove these notices or these credits, or any additional information contained along with the notices and credits.

The following is a list of certain of the trademarks owned by Vitro or its affiliated entities:

Binswanger Glass
Binswanger Mirror
Glasscraft
Vitro
VVP America
Vitro America
Scargard
Clearly The Top Choice
ACI Distribution
Super Sky
The Edge
The Edge Max
Harding Glass
1-Stop Glass Shop
One Stop Glass Shop
ScarGard
ScarGard 2
Thermoglas
HGI
M Pactsafe

You may not use any of the trademarks, noted above, without the express prior written consent of Vitro.  Other trademarks or servicemarks included on this Site belong to the indicated owners and they should be contacted with any questions about the use of those marks. 

All copyrighted and copyrightable materials on the Site including, but without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement (the “Materials”) thereof are copyrighted, ALL RIGHTS RESERVED, by Vitro and/or third party licensors and. except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise without the express prior written consent of Vitro or the respective copyright owner. 

Vitro respects the intellectual property rights of others.  If you believe that your work has been copied and has been posted to this Site in a way that constitutes, or may constitute, copyright infringement, please advise Vitro of the same as soon as possible.

No Representations - Disclaimers

The information, recommendations and representations, if any, provided on the Site and Vitro's server (hereinafter collectively referred to as the "Information") are presented free of charge as a convenience to the viewer, subject to these conditions. While Vitro may, or may not, make reasonable efforts to determine the accuracy of the Information, Vitro makes no warranties or representations, express or implied, as to the accuracy, completeness or any other aspect of the Information contained on the Site or Vitro's server. Information is supplied only upon the condition that the viewer will make its own determination as to the suitability and accuracy of the Information for its purposes prior to use. Nothing contained herein is to be construed, in whole or in part, as a recommendation to use any product, process, equipment or formulation in conflict with any applicable law, rule and regulation or industry code or guidance and the manner of utilization of any products purchased from Vitro is, and shall remain, the sole and exclusive responsibility of the purchaser thereof. Vitro makes no commitment to update or correct any Information that appears on the Site, Vitro's server, or any website linked hereunder. THE INFORMATION IS PRESENTED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LIMITATION OF LIABILITY: IN NO EVENT SHALL VITRO BE LIABLE FOR DAMAGES OF ANY KIND OR NATURE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE) RESULTING FROM THE VIEWER'S ACCESS TO OR USE THEREOF (INCLUDING THE INABILITY TO ACCESS AND USE) OR THE DOWNLOADING OF ANY MATERIAL CONTAINED OR REFERENCED THEREIN, NOR SHALL SUCH PARTIES BE LIABLE FOR VIEWER'S RELIANCE UPON INFORMATION OR THE PRODUCTS(S) OR SERVICES TO WHICH THE INFORMATION REFERS. EVEN IF VITRO OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE ACTUALLY AWARE OF THE LIKELIHOOD OR POSSIBILITY THEREOF, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VITRO SHALL NOT BE LIABLE FOR ANY OTHER LOSSES, COSTS OR EXPENSES, OF ANY KIND, WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, FROM THE VIEWER'S USE OF, OR INABILITY TO USE, THIS SITE, VITRO’S SERVER, OR ANY LINKS CONTAINED THEREIN, INCLUDING BUT NOT LIMITED TO, ANYTHING CAUSED, IN WHOLE OR IN PART, BY: A) COMPUTER VIRUSES; B) SOFTWARE BUGS; C) HUMAN ACTION OR INACTION; D) ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS; OR E) ANY OTHER ERRORS, FAILURE OR DELAYS IN COMPUTER TRANSMISSION OR NETWORK CONNECTIONS.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY SOME, OR ALL, OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN.

Privacy
Should any user of Information on the Site or this server provide Vitro with information, including but not limited to, feedback data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed, for all purposes, to be non-confidential, and Vitro assumes no obligation to protect such information from disclosure. The submission of such information to Vitro shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Vitro for any purpose whatever, and Vitro shall be free to reproduce, use, disclose or distribute the

information to others without restriction. Any personal data that you provide will be treated as set forth below. This privacy policy applies to the collection and use of information by Vitro on the Site, but does not apply to information which you may send to us by other means.

At Vitro, we are committed to protecting the privacy of the users of the Site.

All data collected is protected against unauthorized access. Vitro shall have the right to use all data generated in connection with the Site in any manner and to publish such data. By using the Site and providing the data, the user consents to the collection and use of the data in accordance with this Privacy Policy. In the event that Vitro changes its privacy policy, the changes will be posted on this page. Vitro does not want to receive confidential or proprietary information from you through this Site. Please note that any information or material sent to Vitro through any link provided on this Site will be deemed NOT to be confidential. By sending Vitro any such information or material, you irrevocably grant Vitro an unrestricted, worldwide license to use, distribute, display, reproduce, perform, modify, and transmit those materials or information, and you also agree that Vitro is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. If you want to have your confidential or proprietary information considered by Vitro you will need to first sign a Non-confidentiality Agreement before the information will be viewed by a technical person at Vitro. To obtain a Non-confidentiality Agreement, write to the Chief Financial Officer, of Vitro, whose address is 965 Ridge Lake Boulevard, Memphis, Tennessee 38120. This Site may use "cookies," which are small pieces of information that a Web site stores on a visitor's web browser to remind the Site about the visitor the next time they visit the site.  Vitro does not store confidential or sensitive information in cookies.

Vitro expressly disclaims responsibility for the privacy policies and customer information practices of third-party internet sites linked to our Website.

Domestic Use/Export Restriction:

 This Site is operated in the United States and presented for the purpose of promoting Vitro and its affiliated companies therein.

Severability:

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

Governing Law – Venue – Jurisdiction:

These terms, and all claims related to this Site shall be interpreted and construed in accordance with the laws of the United States and the State of Delaware. (without regard to the conflicts of laws rules of that or any other jurisdiction). Any claim arising in connection with these terms or this website must be commenced within one (1) year after such claim arises. Any legal action must be brought only in the state or federal courts located in Shelby County, Tennessee and you agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim.

Contact Information: