TERMS OF USE

Last Updated: September 1, 2023

Temo Sunrooms, Inc. (“Company”, “we”, “us”, or “our”) is pleased you have visited our website; https://www.temosunrooms.com (the “Website”). This Term of Use agreement (“the “Agreement”) specifies the terms and conditions for access to and use of the Website, and all other websites, applications, platforms, tools, mobile sites, and mobile applications where this Agreement appears or is linked, and through the use of our services.  Please understand, however, that the content on the Website is informational in nature only.

By accessing and using the Website or providing information to us (by any means, whether in correspondence, via our Website, or otherwise), you accept and agree to be bound by the terms and provision of this Agreement. In addition, when using the Website, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time (“Additional Terms”). All such Additional Terms are hereby incorporated by reference into this Agreement. ANY PARTICIPATION IN THE WEBSITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT OR OUR PRACTICES, PLEASE DO NOT USE THE WEBSITE.

  1. Agreement. This Agreement was published on the date “Last Updated” above. We may change this Agreement from time to time. Changes to this Agreement will be made by updating this page. Any such modifications shall be effective immediately. Please visit this Agreement regularly to read the current version. Each continued use of the Website by you shall constitute and be deemed your unconditional acceptance of this Agreement.
  2. Discontinuation or Suspension of the Website. We may, at any time and without liability, modify, suspend, or discontinue, temporarily or permanently, the Website (including access to the Website via any third-party links), with or without notice to you; charge, modify or waive any fees required to use our services; or offer opportunities to some or all users. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. We may refuse or restrict anyone from access to the Website at any time.
  3. Intended Audience. The Website is intended for adults only. The Website is not intended for any children under the age of 18.
  4. Privacy. Your visit to our Website is also governed by our Privacy Policy. Please review our Privacy Policy at https://www.temosunrooms.com/privacy-policy.
  5. Use of Information. Your submission of information through the Website is governed by our Privacy Policy and this Agreement. You represent and warrant that any information you provide in connection with the Website is and will remain accurate and complete, and that you will maintain and update such information as needed. You must always get written permission from all persons named, identified, referred or alluded to, either explicitly or implicitly, in any such information you provide in connection with the Website and, if required, provide us with such written permission upon our request. This includes getting permission from parents or guardians if the person is under the age of 18.

Company owns and shall continue to own all right, title and interest in and to all aggregate or anonymized data and any statistical information, benchmarking, comparison, and other analytics or analyses created or developed by Company from performance and usage data generated through your use of the Website and our services (collectively, “Aggregate Data”).  Aggregate Data will be reasonably de-identified by Company. As used in this Agreement, “aggregate” means individual identities have been removed, such that the information is not linked or reasonably linkable to any person or household, including via a device. As used in this Agreement, “de-identified” means the information cannot reasonably be used to reasonably identify, relate to, describe, be capable of being associated with, infer information about, or otherwise be linked, directly or indirectly, to a particular person (individual or entity), device, or computer. We will: (1) take reasonable measures to ensure that the information cannot be associated with a person (individual or entity); (2) commit to maintain and use the information in the de-identified form and not to attempt to re-identify the information, except as may be permitted by applicable privacy laws; and (3) contractually obligate any recipient of the information to comply with all provisions of this Section.

  1. Alerts and Notifications. You may receive notifications, alerts, emails, text messages or other types of messages regarding the Website in accordance with the terms of our Privacy Policy. We may also periodically send you emails or text messages that directly promote certain services and products. When you receive such promotional emails from us you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email or text message you receive.
  2. Ownership. The Website, and all content included on the Website, including all legal notices, credits, copyright, trademarks, trade names, logos, color schemes, service marks, slogans, other proprietary notices, and similar means of identifying products or services displayed on the Website (collectively, the “Marks”), is and shall continue to be the property of Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. You may not use our Marks or copyrighted materials in any search engine descriptions, content, meta-tags, “white lettering”, key words, or other means of directing or influencing web traffic to any website, web page, portal or e-mail operated, controlled or authorized by you without our express prior written permission and your doing so constitutes a violation of our rights under United States federal and state law, and other international laws and is a breach of this Agreement. You will not adopt or use any names, trademarks, slogans, trade names, trademarks, service marks, e-mail addresses, URLs, meta-tags, key words, search descriptions or the like that are the same or are confusingly similar to the Marks. Without our prior written consent, you will not submit or maintain any information submitted to search engines which incorporates any content from the Website, the Marks, our copyrighted materials or any marks that are confusingly similar to the Marks. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Website.

All rights not expressly granted under this Agreement are expressly reserved to us. Nothing contained on the Website should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

  1. Submission. You and other Website visitors may have the ability to transmit or otherwise make available through or in connection with the Website certain materials, including without limitation, materials which may contain information that personally identifies you or someone else, so long as you comply with the terms of this Agreement, and the content is not illegal or injurious to third parties (each, a “Submission” and collectively “Submissions”).  You must always get written permission from all persons named, identified, referred or alluded to, either explicitly or implicitly, in such content and, if required, provide us with such written permission upon our request. This includes getting permission from parents or guardians if the person is under the age of 18.  We have no control over and are not responsible for any use or misuse (including any distribution) by any third-party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION AVAILABLE THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
  2. Feedback. If you provide us any suggestions, ideas, proposals, comments, feedback or other information (“Feedback”), whether related to the Website or otherwise, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third-party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Feedback that you may have under any applicable law under any legal theory. You acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.

You represent and warrant that you have all rights necessary to grant the licenses granted in this Section and that your Feedback, and your provision of Feedback through and in connection with the Website, do not violate any terms or conditions of this Agreement, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third-party.

  1. Website Use. Subject to all limitations and restrictions contained in this Agreement, Company grants you a limited, revocable, nonexclusive license to use the Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, or break into the Website, or use materials, products or services in violation of any law. The use of the Website is at the discretion of Company and Company may terminate your use of the Website at any time.

You shall not, and shall not permit anyone else to, transfer, license, assign, distribute, translate, reverse engineer, decompile, disassemble, or modify the Website, duplicate the Website or portions thereof. Further, you shall not, and shall not permit anyone else to, (i) directly or indirectly: sell, rent, lease, transfer, assign, or exploit the Website other than as expressly provided herein; (ii) copy any features, functions, look and feel or graphics of the Website unless permitted herein; or (iii) interfere with the integrity or performance of the Website.  You may not access or use the Website if you are a competitor of Company or for the principal purpose of monitoring availability, performance or functionality.

  1. Unacceptable Use. You may not send unsolicited commercial email to the email addresses provided on the Website. The posting of email addresses is not to be construed as, and does not constitute, consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from us. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited. Further, you agree not to:
    • use or access the Website for any purpose that is unlawful or prohibited by this Agreement;
    • use or access the Website in a manner that could damage, disable, overburden, or impair the server hosting the Website or the networks connected to any server hosting the Website;
    • interfere with any third-party’s use and enjoyment of the Website;
    • attempt to gain unauthorized access to information, accounts, computer systems or networks retained on or connected to any server hosting the Website through hacking, password mining or any other means;
    • post, transmit or otherwise make available through or in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, cancelbots, file or program that is or is potentially harmful or invasive or intended to damage, destroy, disrupt, impair or hijack the operation of a computer’s functionality or the operation of our (or anyone else’s) Website, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or to monitor the use of, any hardware, software or equipment (each, a “Virus”);
    • post content that is obscene, indecent, pornographic, violent, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, objectionable or embarrassing to any other person or entity (as determined by us, in our sole discretion);
    • engage in behavior through the Website that is harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other basis or characteristic recognized by applicable law;
    • post content that contains SPAM links to other websites or individuals;
    • impersonate another business, person or entity, including Company, its related entities, employees, and agents;
    • violate any policy posted on the Website or on any third-party platform (e.g., social media platforms); or
    • use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Website content, or reproduce or circumvent the navigational structure or presentation of the Website, without our express prior written consent.

We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third-party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Website.

  1. Compliance with Laws. You may use the Website only for lawful purposes. The Website and use of our services is subject to, and you agree that you will at all times comply with all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Website and our services. This obligation includes your agreement to comply with all applicable laws, regulations, and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefor, as well as authorization from us. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
  2. Non-United States Use & Restrictions. We control and operate the Website from the United States, and all information is processed within the United States. We do not represent that the Website is appropriate or available for use in other countries. By visiting the Website and using any services provided through the Website, you acknowledge that you are not a national of, or resident within any of the countries that are subject to trade embargo, restriction or other limitation under any laws and regulations or listed on any of the United States government’s lists of prohibited and restricted parties.
  3. Third-Party Websites. Any links contained on the Website are for the use and enjoyment of our visitors. We do not intend such links to be referrals or endorsements of the linked entities, nor do we warrant, endorse, or approve any linked information or entity; and the existence of any particular link is simply intended to imply potential interest to the reader. If, in your interactions with the Website, you are linked or directed to, or click on, a third-party website, we cannot control what information you may provide to that party or on that website, and we are not responsible for how that party may use or disclose any information you may provide to them. This is not an endorsement by us of any third-party website, content that may be offered on such third-party website, or of any products or services provided by such third-party. We do not control, nor are we responsible for, such third-party website, product or service offerings. As such, we urge that you exercise caution before providing them with your information and to review the third-party’s policies and procedures.

You should contact the Website administrator for such third-party website if you have any complaints, claims, concerns or questions regarding such third-party website or its privacy practices.

  1. Indemnification. To the fullest extent permitted under applicable law, you agree to indemnify, defend and hold Company and our partners, employees, and affiliates, and our respective successors and assigns, harmless from and against any and all claims, demands, causes of actions, debt, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) which Company may incur or which may be claimed by a third party, to the extent that such action is based on, arises out of, or relates to (a) your violation of this Agreement; (b) your use of (or inability to use) the Website; and (c) any other activities of yours accomplished using our services or the Website.
  2. Disclaimer. Your agreement to the following disclaimers and the limitations set forth in Section 17 are a material inducement to Company permitting you to access the Website. Your use of the Website, and the obligations and liabilities of Company in respect of your use of the Website, is expressly limited as follows:

THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. COMPANY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.

  1. Limitation of Liability. IN NO EVENT SHALL COMPANYBE LIABLE OR RESPONSIBLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOST PROFITS, LOSS OF BUSINESS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION, OR THE LIKE) SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, ARISING OUT OF, RESULTING FROM, OR IN ANY WAY RELATING TO, THE WEBSITE, THE CONTENT, OR THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANYIS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

  1. Termination. Company may terminate this Agreement or the Website at any time, or any portion thereof, with or without notice, for any reason. Upon any such termination or suspension, your right to use the Website and our services will immediately cease, and we may, without liability to you or any third-party, immediately deactivate or delete all associated materials, without any obligation to provide any further access to such materials. Termination of this Agreement shall not limit Company from pursuing other remedies available to it, including injunctive relief, nor shall such termination relieve your obligation to pay all fees that have accrued or are otherwise owed by you under this Agreement. Any provision of this Agreement which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of this Agreement, will survive the termination or expiration of this Agreement and continue in full force and effect thereafter.
  2. Miscellaneous. This Agreement and any dispute that may arise between you and Company or its affiliates is governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state and federal courts within Macomb County, Michigan. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The failure of Company to exercise or enforce any part of this Agreement shall not be deemed a waiver of such right or provision and shall not prevent its later enforcement. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of Company. Nothing contained in this Agreement or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. Company shall not be liable to you for any delay or failure of Company to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Company. Such causes shall include, but are not limited to, acts of God, acts of governmental authority, floods, fires, loss of electricity or other utilities, or delays by you in providing required resources or support or performing any other requirements hereunder. This Agreement constitutes the entire agreement between you and Company and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the W
  3. Contact Information.

If you have any questions about this Agreement, you can contact us at 866-337-6890