Terms of Use

General Rules and Definitions

Welcome to the Hunter Douglas "Art of Window Dressing" iPad application (the "Application"). The Application is managed and maintained by Hunter Douglas, Inc. ("Hunter Douglas" or "we"). If you choose to use the Application, you will be agreeing to abide by all of the terms and conditions set forth in these Terms of Use between you and Hunter Douglas.

Hunter Douglas manages and maintains the Application to provide online access to information about the products and services Hunter Douglas offers. You may use the Application, information, writings, images and/or other data that you experience on the application, (referred to herein collectively as "Content") solely for non-commercial, personal purposes and/or to learn about Hunter Douglas products and services. This means that you may only view or download material from the Application for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material. All of the Content is owned by Hunter Douglas or licensed to Hunter Douglas and owned or controlled by the respective licensor. You may not use, modify, copy, distribute, transmit, or derive another work from any Content obtained from the Application except as expressly permitted by these Terms of Use. Additionally, no right, title or interest in any Content is transferred to you or any third party as a result of your use or any use of the Application by a third party.

We may change, suspend or discontinue any aspect of the Application at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Application without notice or liability. We may also change or modify these Terms of Use at any time, and any such changes or modifications shall become effective immediately upon posting. It is your responsibility to review these Terms of Use prior to each use of the Application. YOUR CONTINUED USE OF THE APPLICATION NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES OR MODIFICATIONS TO THESE TERMS OF USE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH CHANGES OR MODIFICATIONS.

Usage Data

We may record your interactions with the Application, our website, emails, or other applications we provide using data collection tools such as web logs, beacons, unique identifiers, embedded web links and other commonly used tools. A unique identifier is placed on your device by the Application for the purpose of facilitating and enhancing your communication and interaction with the Application and collecting aggregate information. By downloading the Application, you consent to collection of this data. In other words, there is no way to remove the unique identifier and limit usage data collection once you have downloaded the Application.

The kind of information we may collect includes:

  • Your Internet Protocol (IP) address
  • The pages visited on the Application and the time spent on each page
  • The links clicked on the Application;
  • The features used.

We use this usage data to develop, manage, and improve the Application. Sometimes we may aggregate usage data with personally identifiable information from registered members. We may use that information to:

  • Manage the Application
  • Help resolve problems
  • Analyze use of the Application
  • Notify you about products or services that we, our third-party marketing partners, and members may offer from time-to-time
Copyright

All Content on the Application is protected by U.S. and/or foreign copyright laws and owned or controlled by Hunter Douglas and/or other copyright owners who have authorized its use on the Application. You may download and/or reprint Content for non-commercial, non-public, personal use only.

Trademarks

All trademarks and registered trademarks are the property of their respective owners. You are prohibited from using any of the marks or logos appearing throughout the Application without permission from the trademark owner, except as permitted by applicable law.

Links to Third-Party Websites

From time to time, Hunter Douglas may provide links to third-party websites. This information is provided solely as a convenience to you. If you use third-party links, you will leave the Application and be subject to the terms and/or conditions applicable to the use of such website(s). Hunter Douglas does not control the third-party sites and therefore we are not responsible for the content of any third-party website or any link contained in any third-party website. You acknowledge and agree that Hunter will not be liable or responsible for any damages or losses you or any third party may suffer or incur from your use of the Application to link to or gain access to any third-party website.

Links from Third-Party Websites

Hunter Douglas prohibits unauthorized links to the Application and the framing of any information contained on the Application or any portion of the Application. Hunter Douglas reserves the right to disable any unauthorized links or frames. Hunter Douglas has no responsibility or liability for any material on other websites or applications that may contain links to the Application.

User Conduct

You agree to use the Application only for lawful purposes and in accordance with the Terms of Use. You agree not to take any action that might compromise the security of the Application, render the Application inaccessible to others or otherwise cause damage to the Application or the Content. You additionally agree not to use the Application in any way that might interfere with the rights of other users or third parties.

Product Display/Colors

The Application attempts to display product images shown as accurately as possible. However, we cannot guarantee that the color and/or format of how the product will appear in the room you see will identically match the product color and/or format of how the Product will appear in the room because the display of the color and/or the format of how the Product will appear in the room depends, in part, upon the computer monitor you are using.

Disclaimer and Limitation of Warranties

Hunter Douglas makes no express or implied warranties, representations or endorsements whatsoever with respect to the Application or the Content. HUNTER DOUGLAS EXPRESSLY DISCLAIMS 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 APPLICATION, THE CONTENT, AND ANY PRODUCT FURNISHED OR TO BE FURNISHED VIA THE APPLICATION. Hunter Douglas does not warrant that the functions performed by the Application will be uninterrupted, timely, secure or error-free, or that defects in the Application will be corrected. Hunter Douglas does not warrant that this Application or its servers are free of viruses or other harmful components. Hunter Douglas does not warrant the accuracy or completeness of the Content, or that any errors in the Content will be corrected. The Application, and the Content are provided on an "as is" and "as available" basis. If you are dissatisfied with the Application, the service, the Content, or with the terms of use, your sole and exclusive remedy is to discontinue using the Application. Neither Hunter Douglas, nor its parent, subsidiaries or affiliates, shall be liable for consequential, punitive, special, exemplary or incidental damages. Notwithstanding the foregoing or anything to the contrary herein, to the extent you purchase a product via the Application the warranty provided with the product you purchased shall apply to the product you purchased.

Indemnification

You understand and agree that you are personally responsible for your behavior on the Application. You agree to indemnify, defend and hold harmless Hunter Douglas, its parent, subsidiaries, affiliated companies, business partners, licensors, employees, agents, and any third-party information providers 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 failure to use the Application or the Content in accordance with the Terms of Use.

Miscellaneous

These Terms of Use have been made in New York and shall be construed and enforced in accordance with New York law. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in New York City.