You understand and agree that the Service is provided 'AS-IS' and that Duraco Windows assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You agree that Duraco Windows shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.
Because Duraco Windows has no control over such sites and resources, you acknowledge and agree that Duraco Windows is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Duraco Windows shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DURACO WINDOWS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DURACO WINDOWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Duraco Windows, the Duraco Windows logo, and other Duraco Windows logos and product and service names are trademarks of Duraco Windows! (the ‘Duraco Windows Marks'). Without Duraco Windows’ prior permission, you agree not to display or use in any manner, the Duraco Windows Marks.
Duraco Windows does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the 'Materials') contained on, distributed through, or linked, downloaded or accessed from any of the Services, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the 'Products').
You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. Duraco Windows reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.
THE SERVICE AND THE MATERIALS ARE PROVIDED BY DURACO WINDOWS ON AN 'AS IS' BASIS, AND DURACO WINDOWS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL DURACO WINDOWS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.
Duraco Windows encourages you to exercise discretion while browsing the Internet using the Service. The Service may direct you to sites containing information that some people may find offensive or inappropriate. Duraco Windows makes no representations concerning any endeavor to review the content of sites listed in the directory or any of the Materials, and so Duraco Windows isn't responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in the directory or in the Materials. The TOU constitute the entire agreement between you and Duraco Windows and govern your use of the Service, superseding any prior agreements between you and Duraco Windows.
You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and Duraco Windows shall be governed by the laws of the Province of Manitoba without regard to its conflict of law provisions. The failure of Duraco Windows to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one 1 month after such claim or cause of action arose or be forever barred.