These terms of use (the “Terms of Use”) govern your use of PGI Glass LLC d/b/a Precision Glass Industries (“PGI”) websites, including the Precision Glass Industries webpage (precisionglassindustries.com) and AEON Hardware webpage (aeonhardware.com) (each a “Website” and collectively the “PGI Websites”). Please read the Terms of Use carefully before you start to use the PGI Websites. By using this Website, you accept and agree to be bound and abide by these Terms of Use and our privacy policy, found at [precisionglassindustries.com and aeonhardware.com] (the “Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. If you have any questions or comments about these Terms of Use or this website, please contact us at marketing@precisionglassindustries.com.

1. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

2. Content on The Website(s) And in Publications

The website’s contents are intended for your use. All materials published on the website (including, but not limited to, news articles, photographs, images, illustrations, drawings, specifications, product brochures, safety data, installation instructions/manuals, audio clips, and video clips, also known as the “Content”) are protected by copyright and owned or controlled by PGI or the party credited as the provider of the Content. You shall abide by all additional intellectual property notices (including but not limited to copyright and trademark notices), information, or restrictions in any Content accessed through the website(s).

3. User-Generated Content, Comments, And Submissions

You acknowledge that any submissions you make to the website (i.e., user-generated content including but not limited to: comments, files, forum messages, reviews, text, video, audio and photographs, drawings, specifications, installation instructions, as well as computer code and applications) (each, a “Submission”) may be removed, published, transmitted, and displayed by PGI and you waive any rights in the Submission. You understand and acknowledge that you are responsible for any Submission you submit or contribute, and you, not the PGI, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any Submissions posted by you or any other user of the Website.

Without the express approval of the PGI, you may not distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods or services through the website.

4. Content Standards

These content standards apply to any and all Submissions and interactions with PGI personnel via this website or other electronic means. Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Submissions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

5. Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any Submissions for any or no reason in our sole discretion.
• Take any action with respect to any Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such Submission violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the PGI.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

6. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

7. Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods formed through the Website, or resulting from visits made by you, are governed by our terms and conditions of purchase (the “Terms and Conditions of Purchase”), which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

8. Website(s) Registration and Security

You may not access parts of the website to which you are not authorized. Being exposed to possible advertising and communication is a condition of accessing the website.

The website(s) contains links to other related internet websites, resources, and advertisers. PGI is not responsible for the availability of these outside resources, or their content. We are not responsible or liable to any third party for the content or accuracy of any website not owned or controlled by PGI.

As part of the registration or account creation process, you will create login credentials by selecting a password and providing an e-mail address. Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. You are responsible for maintaining the confidentiality of your password.

Please notify PGI of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or personal data.

This website(s) is operated by PGI.  PGI offers the PGI Websites, including all information, tools and services available from this website, to you, the user, provided that you comply with all of the following: (i) you are over the age of legal majority and able to form a legally binding agreement under applicable law, (ii) you accept of all the terms, restrictions, policies, and notices stated herein and (iii) you are able to legally view and use the PGI Websites from the jurisdiction you are located in.  Your use of this website constitutes confirmation that you satisfy each of the above Terms.  If you do not meet all three of the Terms identified above, you may not use this website.

9. Third Party Websites

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

10. Geographic Restrictions

The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

11. Representations and Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Disclaimers and Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

13. Indemnification

You agree to indemnify, defend and hold harmless PGI and its affiliates and their management, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms of Use or your use of the website, including but not limited to your Submissions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

If you cause a technical disruption of the website or the systems transmitting the website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. PGI reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you agree to cooperate with PGI in defense of such matter.

14. Trademark Information

PGI, the PGI logo Precision Glass Industries, AEON, the AEON logo, Six Shield, the Six Shied logo and other PGI trademarks, service marks, and logos used in connection with the website(s) and/or services are trademarks or registered trademarks of PGI Glass, LLC. Other trademarks, service marks and logos used in connection with the PGI Websites and/or services may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Website and/or services.

15. Jurisdiction and Applicable Law

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Houston and County of Harris. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Waiver and Severability

No waiver by the PGI of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the PGI to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

17. Entire Agreement

The Terms of Use, our Privacy Policy, the Terms and Conditions of Purchase and any additional terms uploaded to the PGI Websites which were incorporated herein by reference constitute the sole and entire agreement between you and PGI regarding the PGI Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

18. How to Contact Us

If you have any questions or comments about these Terms of Use or the PGI Websites, please contact us at marketing@precisionglassindustries.com