Terms and Conditions

Date Last Revised: July 30, 2020

This Agreement sets forth the terms and conditions that apply to your access and use of basementwindowsystems.com,  as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (hereinafter collectively the “Site”). By using the Site you agree to be bound by the terms and conditions of this Agreement and Riefler Development Company, LLC’s, Privacy Policy, which may be amended from time to time in the future (see “Modifications” below).

1. Accepting the Terms

By utilizing the Site, you agree to be bound by this Agreement. The term “you” or “User” refers to any user of the Site. The term “We” or “Company” refers to Riefler Development Company, LLC d/b/a Basement Window Systems. If you access the Site, you acknowledge and agree that you have read and understand all of the terms set forth herein, and agree to be bound by all of the Terms and Conditions of Use. In the event you do not agree with all of the terms and conditions set forth herein, you are expressly forbidden from further accessing the Site and must discontinue use immediately.

If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this document for your records. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions of Use by your continued use of the Site after the date such revised Terms and Conditions of Use are posted. 

Persons under the age of 18 are not permitted to use the Site or create a personal profile through the Site.

2. Privacy and your Personal Information

For information about the Company’s data protection practices, please read the Privacy Policy, which is hereby incorporated into this Agreement. The Privacy Policy explains how we treat your personal information when you access and use the Site. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Company’s website (basementwindowsystems.com).

In the event you choose to create an account through the Site, you agree to keep your password confidential and that you will be responsible for all use originating from your account. 

3. Description of the Site

The Site is an e-commerce supplier of basement egress windows, window wells and Bilco Doors (hereinafter the “Products”). We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. 

4. Payments

We accept the following forms of payment:

–  Visa

–  Mastercard

–  American Express

–  Discover

–  PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

5. Return Policy and Manufacturer Warranties

Please review our Return Policy prior to making any purchases. Additionally, any manufacturer warranties will be provided to you upon completion of any purchase. Riefler Development Company, LLC, makes no representation or warranty on any item purchased through the website beyond those warranties that are provided to you at the time of Purchase. Riefler Development Company, LLC, will not assume any liability due to the failure of any manufacturer to perform any obligation which it may have pursuant to such warranty or warranties. 

6. Your Use of the Site

Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for its intended and lawful purpose.  

You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site, other products or services, advertising or marketing materials. You grant Riefler Development Company, LLC, a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, royalty free license to use the feedback you provide to us in any lawful way. 

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1.  Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2.  Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

3.  Engage in unauthorized framing of or linking to the Site.

4.  Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

5.  Use the Site to advertise or offer to sell goods and services.

6.  Use the Site in a manner inconsistent with any applicable laws or regulations.

7.  Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

8.  Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

9.  Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

10.  Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

11.  Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

12.  Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

13.  Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

14.  Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

15.  Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

16.  Delete the copyright or other proprietary rights notice from any Content.

17.  Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

18.  Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

19.  Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

20.  Make improper use of our support services or submit false reports of abuse or misconduct.

21.  Attempt to impersonate another user or person or use the username of another user.

22.  Use any information obtained from the Site in order to harass, abuse, or harm another person.

23.  Sell or otherwise transfer your profile.

24.  Use a buying agent or purchasing agent to make purchases on the Site

7. Rights You Grant to Us

By submitting information to the Company, through your usage of the Site, you are licensing that content to the Company, for the purpose of providing services associated with the Site. The Company may perpetually use and store the content for the purposes of providing the Site related services to you along with data aggregation for research and development and other business purposes which may be shared with various third parties for further data analysis, product improvement, market studies, etc. Further detail regarding data collection can be found in the Privacy Policy.

8. Intellectual Property Rights

The name and contents of the Site are protected under applicable copyright and trademark laws of the United States. Your usage of the Site grants you the right to view and use the Site as intended, and for no other purposes whatsoever. Any unauthorized use of the information, materials, data, images, or graphics (the “Contents”) found within the Site may violate copyright, trademark and other laws and intellectual property rights of Riefler Development Company, LLC, or third parties. Unauthorized use may give rise to a claim for damages and/or may be a criminal offense. You may not modify, copy, republish, upload, post, decompile, or transmit in any way, without the prior written consent of Riefler Development Company, LLC, the contents of the Site. The features of the Site must be used for lawful purposes only.

9. Disclaimer of Representations and Warranties

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SITE IS UTILIZED AT YOUR OWN RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH RIEFLER DEVELOPMENT COMPANY, LLC, WILL CREATE ANY WARRANTY, EXCEPT FOR THOSE WARRANTIES PROVIDED BY THE COMPANY TO YOU IN WRITING.

WITHOUT LIMITING THE FOREGOING, RIEFLER DEVELOPMENT COMPANY, LLC, DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT THE SITE  WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

10. Notification Disclaimer

You understand and agree that any notifications provided to you through the Service may be delayed or prevented by a variety of factors. The Company will do its best to provide notifications in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. 

11. Limitations on Riefler Development Company, LLC’s Liability

RIEFLER DEVELOPMENT COMPANY LLC, shall not be liable for any lOSt profits, ANY LOSS OF datA, or any indirect, punitive, incidental, special, consequential or exemplary damages arising out of, or in connection with this agreement or YOUR USAGE OF THE SITE. Under no circumstances will RIEFLER DEVELOPMENT COMPANY, LLC be responsible for any damage, loss or injury resulting from TAMPERING, HACKING or SIMILIAR unauthorized access of the SITE AND the INFORMATION ACCESSIBLE THEREFROM.

RIEFLER DEVELOPMENT COMPANY, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (A) ANY EXPENSE, INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE OPERATION OF THE SITE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (D) ANY SOFTWARE VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE.

12. Your Indemnification of Riefler Development Company, LLC You shall defend, indemnify and hold harmless Riefler Development Company, LLC, along with its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of these Terms and Conditions of Use by you.

13. Ending your relationship with of Riefler Development Company, LLC

These Terms and Conditions of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

14. Modifications

We may modify this document from time to time. Any and all changes to this document shall be posted on our Website. The web version of the document will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Terms and Conditions of Use when you use the Site after those changes are posted.

15. Governing Law and Forum for Disputes

This Agreement shall be governed by the laws of the State of New York without regard to its conflict or choice of law provisions. Any dispute with the Company, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the appropriate Federal or State court within the counties of either Erie or Cattaraugus, State of New York. 

This Agreement does not limit any rights that we may have under copyright, trademark or patent laws.

You also acknowledge and understand that, with respect to any dispute between you and Riefler Development Company, LLC, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Site or this Agreement:

• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

16. Entire Agreement

These terms and conditions and all policies and procedures that are incorporated herein by reference constitute the entire agreement between you and Riefler Development Company, LLC, with respect to your usage of the Site. If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if Riefler Development Company, LLC, does not exercise or enforce any legal right or remedy which would be derived from this Agreement such inaction will not be taken to serve as a waiver of any rights and remedies which may be available. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and any termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and Riefler Development Company, LLC, regarding your interaction with the Service. By using the services provided on the Site or placing an order through the Site you are acknowledging that you have read the foregoing and understand the rights and obligations set forth herein.