Terms of Use
Blindster® is a registered trademark of eWindowCoverings LLC, a Texas company. Please review the following terms and conditions of use, including an Arbitration Agreement, which governs your use of our Site (the "Agreement"). YOUR USE OF BLINDSTER.COM (the "Site") CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE OUR SITE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PLACE AN ORDER OR USE OUR SITE.
Site Contents
Unless otherwise noted, this Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, and/or otherintellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by eWindowCoverings LLC. Blindster® and other trademarks appearing on the Site are registered trademarks of eWindowCoverings LLC. You may download or copy the contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the contents or the Site. The content on this Site does not constitute medical advice. You should consult a physician before engaging in any physical activity, including activities displayed or described on the site, or from any information you obtain from this site. eWindowCoverings LLC is not responsible for any medical or health problems that may result from engaging in any activities or information you obtain from this site.
Third Party Pixels and Cookies
Not withstanding anything else in this policy, we and/or our partners may use pixels and pixel tags, and place, read or use cookies the collect information from your device and/or Internet browser. These cookies do not contain personally identifiable information, however, it may be possible for our third-party business partners to combine it with other information in order to identify your email address or other personally identifiable information about you. For example, the cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, which we may share with a data provider solely in hashed, non-human readable form. By using our Service, you agree that us and our third-party partners may store, sell, port, combine with other data, monetize, utilize and otherwise use either (i) the personally indefinable information about you that we share with them, or (ii) the personally identifiable information they discover and/or identify as described above. Visitors can also express their choices for display advertising, through the following platforms: Digital Advertising Alliance opt-out platform or the Network Advertising Initiative opt-out platform. We and/or our partners may also use cookies for delivering personalized advertising emails. These cookies are used to identify the visitors of our advertisers’ websites and send personalized emails based on the visitors’ browsing experience. We and/or our partners use cookies, pixels and other tracking technology to associate certain Internet-related information about you, such as your Internet Protocol address and what Web browser you are using, with certain of your online behaviors, such as opening emails or browsing websites. Such information is used to customize ads or content and may be shared with our partners.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Links to Other Web Sites and Services
This Site may contain links to other websites that are not under the control of eWindowCoverings LLC. eWindowCoverings LLC has no responsibility for the linked websites, nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenienceand information of the Sites' users.
Indemnification
You agree to defend, indemnify and hold eWindowCoverings LLC. harmless from and against any and all claims, damages, costs and expenses,including attorneys' fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Dispute Resolution and Arbitration Agreement
Mindful of the high cost of legal disputes, both you and eWindowCoverings LLC agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreementor any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by registered mail) describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Both you and eWindowCoverings LLC agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party. Notice of said Dispute will be sent to: (1) to eWindowCoverings LLC at: 16555 Village Drive, Jersey Village, TX 77040, and (2) to you at: the billing and/or shipping address on your order, or your last-known address. To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and eWindowCoverings LLC. expressly delegate to the arbitrator the authority to determine if binding arbitration is appropriate for settling the Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. You may begin an arbitration proceeding by sending a letter (by registered mail) requesting arbitration to eWindowCoverings LLC 16555 Village Drive, Jersey Village, TX 77040. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. In lieu of arbitration, either you or eWindowCoverings LLC may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
Waiver of Right to Bring Class Actions and Representative Claims
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and eWindowCoverings LLC agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and eWindowCoverings LLC hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
Termination
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or eWindowCoverings LLC. You may terminate this Agreement at any time. eWindowCoverings LLC also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
General
This Agreement shall be governed by the laws of the State of Texas without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of eWindowCoverings LLC’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the site.