Kirsch reserves 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 the Agreement as modified.
1. Use of Site
Kirsch respects your privacy. Please review our Privacy Notice to understand our practices.
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Kirsch or its partners, affiliates, contributors or third parties. Copyrights associated with specific Content are owned by Kirsch and/or other copyright owners who have authorized their use on the site. You may download and reprint Content for non-commercial, non-public, personal use only.
You are prohibited from using any of the marks or logos appearing throughout the site without permission from the trademark owner, except as permitted by applicable law.
5. Window & Blind Configuration Application
The Configuration Application (software) available via the site is the copyrighted work of Kirsch and/or its licensors. Except as expressly authorized by this Agreement, you may not alter, copy, distribute, or transmit the Configuration Application from the Site.
6. Links to Third-Party Web Sites
7. User Conduct
You agree to use the site only for lawful purposes. 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 additionally agree not to use the site in any way that might interfere with the rights of other users or third parties.
8. User Supplied Information
If you supply or post any information or material to the site, you guarantee to Kirsch that you have the legal right to post such material and that it does not violate any law or the rights of any person or entity.
9. Risk of Loss
All items purchased from Kirsch are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Except where noted otherwise, the list price displayed for products on our website represents the retail price estimated in accordance with standard industry practice. With respect to items sold by Kirsch, we cannot confirm the price of an item until you place the order; however, we do NOT charge your credit card until after your order has entered the shipping process.
11. Product Display/Colors
The site attempts to display product images shown as accurately as possible. However, we cannot guarantee that the color you see identically matches the product color because the display of the color depends, in part, upon the computer monitor you are using.
DISCLAIMER AND LIMITATION OF WARRANTIES
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, KIRSCH'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
You understand and agree that you are personally responsible for your behavior on the site. You agree to indemnify, defend and hold harmless Kirsch, its 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 inability to use the site or the Content, or any violation by you of this Agreement.
13. Dispute Resolution
You agree that all disputes relating to use of this site or purchase on any products through this site shall be brought in the state or federal courts residing in the State of North Carolina, and you irrevocably consent to jurisdiction and venue in such location.