PRIVACY POLICIES

Effective Date: February 1, 2023

Welcome! These Terms of Use (“Terms of Use”) describe the terms on which Glastender, Inc. (“Glastender”) offers you access to its services.

BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF WWW.GLASTENDER.COM AND WWW.DESIGNER.GLASTENDER.COM (COLLECTIVELY, “THE WEBSITE”), OR OTHER GLASTENDER SERVICES, SOFTWARE OR WEBSITES (TOGETHER WITH THE WEBSITE, THE “SERVICES”). YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE ANY PART OF THE SERVICES.

GLASTENDER RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME. ANY CHANGES WILL BE BROUGHT TO YOUR ATTENTION BY PLACING A NOTICE ON THE WEBSITE AND/OR BY SOME OTHER MEANS. YOU MAY REJECT THE CHANGES. HOWEVER, REJECTION OF THE CHANGES MEANS YOU WILL NO LONGER BE ABLE TO USE THE SERVICES. IF YOU USE THE SERVICES IN ANY WAY AFTER A CHANGE TO THE TERMS OF USE IS EFFECTIVE, YOUR USE WILL CONSTITUTE ACCEPTANCE OF THE CHANGES.

THE MOST CURRENT VERSION OF THESE TERMS OF USE, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED AT THE BOTTOM OF THE PAGE ON THE WEBSITE.

1. Site Access and Account Registration

THE SERVICES ARE INTENDED FOR USE IN AND BY CITIZENS AND DOMICILIARIES OF THE UNITED STATES OF AMERICA ONLY. IF YOU ARE NOT A CITIZEN OR DOMICILARY OF THE UNITED STATES OF AMERICA, YOU MAY NOT USE THE SERVICES.

THE SERVICES ARE NOT INTENDED FOR USE OR ACCESS BY ANYONE UNDER THE AGE OF 18. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE OR ACCESS THE SERVICES OR PROVIDE US ANY PERSONALLY IDENTIFIABLE INFORMATION. You may not use the Services and may not accept these Terms and Conditions if: (a) you are not of legal age to form a binding contract with Glastender; or (b) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are a resident or from which you use the Services.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide will be correct, current, and complete. If Glastender believes the information you provide is not correct, current, or complete, Glastender has the right to refuse you access to the Services and/or any of its resources, and to terminate or suspend your access at any time.

2. Restrictions on Use

You may use the Services for purposes expressly permitted by these Terms of Use, and you agree to comply with all applicable laws and regulations in using the Services. You represent, warrant and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

Infringes or violates the intellectual property rights or any other rights of anyone else (including Glastender);
Violates any law or regulation, including, without limitation, any applicable export control laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your Glastender account or anyone else's (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of autoresponder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Copies or stores any significant portion of the Content; or
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use the Services. Glastender reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

3. Personal and Noncommercial Use Limitation

The Services are for your personal and noncommercial use only. You may not use the Services for any commercial or monetary purpose for your own personal profit, without Glastender's express prior written consent. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to the Services.

You may use the Glastender design tool to create and customize your design (“Design”). Glastender grants to you a revocable, non-exclusive, non-sublicensable and non-transferable limited license to use the Design for personal and noncommercial purposes only. You are strictly forbidden to use the Design for any other purpose including, but not limited to, commercial purposes or for monetary gain. Except for the limited license granted herein, Glastender reserves all other rights.

4. Proprietary Information

The materials and content displayed or available on or through the Services, and any other web site(s) owned, operated, licensed, or otherwise controlled by Glastender, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and User Submissions (collectively, the “Content”) are protected by copyright and/or other intellectual property laws, and the proprietary information of Glastender or the party that provided or licensed the Content to Glastender, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, reproduced, modified, translated distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Glastender.

Notwithstanding the foregoing, you may save and print out a copy of the Content or share a link to the Website, solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Glastender’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Services.

5. User Submissions

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions may be viewable by other users. For all User Submissions, you hereby grant to Glastender a royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to create derivative works from, distribute, perform and display your User Submission, and to incorporate your User Submission in other works in any form, media or technology now known or later developed.

Glastender will not be required to treat any User Submission as confidential, and may use any User Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Glastender operations.

Glastender will treat any personal information that you submit through the Services in accordance with its Privacy Policy.

6. Cookies

The Services may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to help us provide you with a better user experience by remembering certain information about you, including preferences. For example, a cookie helps the Services recall your specific information on subsequent visits. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive or all features of the Services.

7. User Data

We may maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

8. Electronic Communications, Transactions, and Signatures

9. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy posted on the Website, which is incorporated into and subject to these Terms of Use. By using the Services, you agree to be bound by our Privacy Policy. Please be advised the Website is hosted in the United States.

THE SERVICES ARE INTENDED FOR USE IN AND BY CITIZENS AND DOMICILIARIES OF THE UNITED STATES OF AMERICA ONLY. IF YOU ARE NOT A CITIZEN OR DOMICILARY OF THE UNITED STATES, YOU MAY NOT USE THE SERVICE.

10. Third-Party Providers/Platforms

Certain features of the Services may use the services and/or products of third-party vendors/service providers third-party and business partners, which services and/or products may include software, information, data collection or other services. When using features from third-party service providers, you understand that you may be subject to additional terms of use/service and privacy policy(ies) of the third-party service provider. As a result of your use of the Services, additional fees and charges from your third-party service providers may apply.

If you access the Services through a mobile application or other type of third-party platform, the applicable end user license agreement for the service through which you downloaded the application may apply in addition to the terms of these Terms of Use and you agree that you are subject to such application or platforms terms in addition to these Terms of Use.

You further acknowledge and agree that under no circumstances is Glastender liable for any damage(s) or injury to you arising out of any conduct on any third-party platform. You enter and use services of third-party platforms at your own risk.

11. Hyper-Links

This Website may be hyper-linked to other sites which are not maintained by, or related to, Glastender. Hyper-links to such sites are provided as a service to users and are not sponsored by, endorsed by, or affiliated with this Website or Glastender. Hyper-links are to be accessed at the user's own risk, and Glastender makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Website. Glastender provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Glastender of that site or any association with its operators.

12. Disclaimer

You understand that Glastender cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. Glastender does not assume any responsibility or risk for, or costs related to, your use of the Internet. As a result of your use of the Services in general, additional fees and charges from your third-party service providers may apply.

Glastender disclaims any liability, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, from the use and application of any of the contents of the Services.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Glastender DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. Glastender DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Glastender DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Glastender MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT Glastender, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR ITS CONTENT. Glastender MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation on Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, GLASTENDER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, CONTRACTORS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, RELATED TO OR ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF GLASTENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Glastender AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, CONTRACTORS AND DIRECTORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO Glastender FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

14. Termination or Restriction of Access

Glastender reserves the right to monitor your use of the Services to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Glastender reserves the right to terminate your access to the Services without notice for any reason whatsoever.

15. Indemnity

To the fullest extent permitted by law, you will release, indemnify, defend, and hold Glastender, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, contractors, and directors (the “Indemnified Parties”) harmless from and against any third-party claims, damages, or liability relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms of Use.

16. Trademarks

Trademarks, service marks, logos, and copyrighted works appearing in the Service are the property of Glastender or the party that provided or licensed the trademarks, services marks, logos, and copyrighted works to Glastender. Glastender and any party that provided or licensed trademarks, service marks, logos, and copyrighted works to Glastender retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Site.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Glastender’s copyright agent the information listed below:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that can claim has been infringed upon;
A description where the material that you claim is infringing is located on the Website;
Your address, telephone number, and e-mail address;
A 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;
A statement by you, 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.

Glastender’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

Attn: Legal/DMCA Copyright Agent

5400 North Michigan Road

Saginaw, MI 48604

Please note that this procedure is exclusively for notifying Glastender that your copyrighted material has been infringed. ALL INQUIRIES NOT COMPLIANT WITH THE FOREGOING PROCEDURE WILL NOT RECEIVE A RESPONSE.

17. Arbitration

All irresolvable, material differences or disputes which may arise between you and Glastender concerning these Terms of Use shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration rules. The arbitration shall have one arbitrator and will take place in Saginaw, Michigan. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The parties agree that: a) the arbitrator will be selected with expertise in the area in dispute; b) the arbitrator may not award punitive damages or other remedies not permitted under these Terms and Conditions; c) each party will pay an equal share of the arbitrator’s fees and expenses and bear its own attorneys’ fees, witness fees and other costs of arbitration; and d) the arbitration decision will be jointly-submitted for enforcement by a state or federal court in Michigan.

18. Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Glastender as a result of these Terms of Use or your use of the Services.

You agree that these Terms of Use will not be construed against Glastender by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Glastender with respect to the Service.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions of the Services will govern the items to which they pertain.

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PRIVACY POLICIES

5400 N. Michigan Rd. Saginaw, MI 48604

+1 (800) 748-0423

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