Terms of Use

 

1. INTRODUCTION
SIW Solutions, LLC (the “Company,” “we”, or “us”) operates this Web site (the "Site") to provide online access to information about the Company, and the products and services we provide (the "Service").

By accessing and using the Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions may also posted in particular areas of the Site and, together with these Terms of Use are referred to as the “Agreement and govern your use of those areas.

We reserve the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by this Agreement as modified. The last date this Agreement was revised is set forth below.

2. INTELLECTUAL PROPERTY
The Service, the Site, and all information and/or content that you see, hear or otherwise experience on or download from the Site, including without limitation all design drawings and product specifications, (collectively, the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to the Company or our affiliates, licensors, contributors or third parties. The design drawings and product specifications are the exclusive property of our Marvin affiliates.

You may use the Site, the Service and the Content solely for your personal or internal, non-commercial use. You may download, print and store portions of the Content that you select, provided that you:
• only use these copies of the Content for your own personal or internal, non-commercial use;
• except as provided in this Agreement, do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media or modify or create derivative works of any Content; and
• do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

"Scraping" to obtain lists of users or other information is prohibited. You may not mirror or frame any page of this Site on any other Web site or Web page. You may not connect "deep links" to the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

3. DISCLAIMER OF WARRANTIES
SIW SOLUTIONS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

WITHOUT LIMITING THE PRECEDING PARAGRAPH, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO ANY SOFTWARE AVAILABLE OR ACCESSIBLE VIA THE SITE. WE PROVIDE SUCH AVAILABILITY OR ACCESSIBILITY SOLELY AS A CONVENIENCE TO SITE USERS AND ANY SOFTWARE IS PROVIDED, "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."

4. ADDITIONAL DISCLAIMERS
Links to third party Web sites or information do not constitute or imply any endorsement, sponsorship, or recommendation of the third party, the third-party Web site, or the information contained therein, unless expressly stated on the Site. We are not responsible for the availability of any such Web sites. We do not endorse or warrant, and is not responsible or liable for, any such Web site or the content thereon.

We cannot and do not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. The entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content is solely and exclusively with the user.

5. LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, THE CONTENT, OR ANY SOFTWARE, ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE, THE CONTENT, AND/OR ANY SOFTWARE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, THE CONTENT, OR ANY SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, THE SOFTWARE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED FIFTY DOLLARS ($50.00).

INDEMNIFICATION
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless SIW Solutions, LLC, its parents and affiliates, business partners, licensors, shareholders, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, the Content, any third party software or any violation by you of this Agreement.

USER CONDUCT
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.

UNSOLICITED IDEAS AND OTHER USER SUPPLIED INFORMATION
We do not accept unsolicited product, feature, or other ideas or information on a confidential basis. If you send us or post to this web site any information, including an unsolicited idea or invention, it will be treated as non-proprietary and non-confidential. We will have no obligation with regard to such information or invention, and will be free to copy, disclose, distribute, incorporate, modify, and otherwise use any such information for any and all purposes, commercial or non-commercial. If you would like to submit an idea or invention for consideration on a non-confidential basis, please contact the Legal Department for instructions.

If you supply or post any information or material via the Site, you guarantee to us that you have the legal right to supply post such material, and that it will not violate any law or the rights of any person or entity. By supplying or posting material via the Site, you give us the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

PRIVACY POLICY
Our Privacy Policy is incorporated into and a part of this Agreement. 

GENERAL PROVISIONS
Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Enforcement/ Choice of Law/ Choice of Forum. Every part of this Agreement shall be construed as valid and enforceable. If any part of this Agreement, so construed, is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, your use of the Site, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the state of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be venued exclusively in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

Claims of Copyright Infringement. You agree to immediately notify us of any claimed copyright infringement. You further agree to provide our copyright agent with the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512. Our Copyright Agent for notice of claims of copyright infringement on or relating to the Site can be reached either by sending an e-mail request to SIW, or by sending a letter via the U.S. Mails to:

SIW Solutions, LLC 
Attn: Copyright Agent
2020 Silver Bell Road
Suite #15
Eagan, MN 55122

Last Modified: April 7, 2021