Terms of Use

Last updated November 13, 2013

IMPORTANT: ALL USERS MUST READ THESE TERMS 

Acceptance of Terms and Conditions

Innovative Openings, Inc. (“Insolroll”), doing business as Insolroll Window Shading Systems, has created the following Terms of Use, which govern the use of this Site. Please carefully read the following Terms of Use and Privacy Policy (collectively, the “Terms of Use”) before accessing, submitting information to, or using the Site. By accessing, submitting information to, or using insolroll.com (the “Site”), you acknowledge that you have read, understand, and agree to be bound by all the terms set forth in these Terms of Use. You can accept these Terms of Use in one of three ways: (1) by clicking to “accept” or “agree” to these Terms of Use, where this option is presented or made available to you on the Site; (2) by actually using the Site; and/or, (3) by submitting information to the Site.

BY USING THE WEBSITE, YOU AGREE TO THIS AGREEMENT IN FULL. IF YOU DO NOT AGREE TO THIS AGREEMENT IN FULL, DO NOT USE THE WEBSITE. EXCEPT AS OTHERWISE PROVIDED, THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE WEBSITE AFTER ANY CHANGES HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGES. IF YOU DO NOT AGREE TO THE TERMS OF USE AS SET FORTH IN THIS AGREEMENT, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS WEBSITE.

GENERAL 

The Site

Insolroll allows you to gather information about Insolroll products, submit your information so that a dealer can contact you, and learn about Insolroll through the Site. For dealers, it also gives you the ability to create and log into a Dealer Account. These Terms of Use govern the use of this Site by you. By using this Site (other than to read these Terms of Use for the first time), you agree to comply with these Terms of Use. The right to use this Site is personal to you and is not transferable to any other person or entity. You may use the Site only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States.

Use and Restrictions

The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 13 years of age or older, and who are not barred from using the Site under applicable laws. You acknowledge and agree that Insolroll, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site.

Changes to the Terms of Use

Insolroll reserves the right to make any modification to these Terms of Use as Insolroll deems necessary or desirable without prior notification to you. Insolroll suggests, therefore, that you re-read this important notice containing our Terms of Use from time to time in order that you stay informed as to any such changes. If Insolroll makes changes to our Terms of Use and you continue to use the Site, you are agreeing to and accepting the Terms of Use and Privacy Policy expressed herein, including any modifications. Please note any deletions or modifications to these Terms of Use shall be effective immediately upon Insolroll’s posting thereof.

Privacy Policy

Insolroll cares about your privacy. Insolroll’s Privacy Policy applies to the use of the Site, and its terms are made a part of these Terms of Use by this reference. To view our Privacy Policy, click here. Additionally, by using the Site, you acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of Insolroll and that communications with Insolroll can never be guaranteed to be secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Nonetheless, Insolroll employs reasonable measures to protection your information from unauthorized use or disclosure. While Insolroll makes these reasonable precautions against loss or theft of data, neither Insolroll nor its associates shall be responsible for any data lost or stolen while transmitting information on the Internet. While it is Insolroll’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance.

Products 

Products Descriptions

In describing and portraying our products on the Site, Insolroll attempts to be as accurate as possible. However, Insolroll does not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. Insolroll reserves the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. In addition, you acknowledge that there may be variations in color and/or size due to the difference in what you see on a computer screen versus in real life. Please confirm the product descriptions prior to making a purchase with an authorized Insolroll dealer.

Sales

Insolroll does not sell directly to the public. If you are a consumer interested in purchasing Insolroll products, please contact an authorized dealer in your area or submit a request to have a dealer contact you though the Site.

Dealers 

Account

Dealers of Insolroll products may create an account (a “Dealers Account”) to order products online. In order to create a Dealers Account, you must supply Insolroll with information about your company, including the FEIN, your resale tax account number, and showroom information. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your information listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password. You acknowledge and agree that Insolroll may access, preserve, and disclose your account information, all User Communications (as defined below), all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account or account password if Insolroll is required to do so by law or legal process or if Insolroll determines, in its sole discretion, that such action is necessary to protect the rights of Insolroll, third parties, and other users of the Site or for purposes of responding to your request for customer service. Insolroll’s right to disclose any such information shall govern over any terms of our Privacy Policy.

Termination of Dealers Account

You agree and acknowledge that Insolroll may terminate your Dealers Account at any time with or without notice. Insolroll may request additional information to keep your account active, including with limitations requiring you to sign a dealer’s agreement, requiring you to agree to additional terms of service, and/or requiring verification of your company’s existence.

Terms of Sale. All product sales from the Site are governed by any terms of sale that may be posted on the Site. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in Insolroll’s sole discretion so you should review the terms of sale each time you make a purchase.

Intellectual Property 

Change in the Site, its Contents, and its Features

Insolroll reserves the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature, or items offered through the Site, with or without notice; change the equipment and/or programs necessary to access the Site, charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. Insolroll may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. You agree that Insolroll shall not be liable to you or to any third party should any of the foregoing occur with respect to the Site. Further, Insolroll may request additional information at any time by you to update or enhance benefits and/or use of the Site.

Communications

This Site and all content contained within are private property. All interactions on this Site must comply with these Terms of Use. By submitting material to the Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication, whether such submission is by a public feature of the Site (i.e. posting area) or by private transmission (i.e. email and/or letter to Insolroll), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted Insolroll a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You agree that Insolroll may use any User Communication for any purpose in Insolroll’s sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that Insolroll shall be under no obligation to maintain any User Communication in confidence; to pay compensation for any User Communication; and/or to monitor, use, return, review or respond to any User Communication.

Your Responsibility

If you post information on the Site, you are solely responsible for each User Communication that you post on the Site and agree that you will not hold Insolroll responsible or liable for any User Communication from another user that you access on the Site. Moreover, Insolroll reserves the right to delete any User Communication from our Site, including, but not limited to, negative feedback. You understand that when using the Site, you will be exposed to User Communications from a variety of sources and that Insolroll is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Communications.

Copyright and Trademarks

The Site is owned and controlled by Insolroll and unless otherwise agreed in writing, all materials on our Site, including text, menus, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by Insolroll. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE PAGES IN THE WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF INSOLROLL IS STRICTLY PROHIBITED. The Site and Content are intended solely for your personal, non-commercial use. You may not download or copy any of the Content without permission from Insolroll unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, or otherwise use any of the Content or the Site for any public or commercial purpose. Insolroll also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet Site or incorporate the information in any other database or compilation. Insolroll does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of Insolroll and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site. Trademarks that are located within or on the Site shall not be deemed to be in the public domain but rather the exclusive property of Insolroll, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Insolroll, unless otherwise stated.

Copyright and Trademark Complaints

Insolroll respects the intellectual property rights of others. Insolroll is committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and Insolroll requires all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When Insolroll receives proper Notification of Alleged Copyright Infringement, Insolroll promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please contact info@Insolroll.com to report infringement of your copyright. Insolroll may, at its sole discretion, terminate users who are deemed by Insolroll to be have committed copyright infringement, whether or not there is any repeat infringement.

Links to the Site; Third Party Links on the Site; Third Party Content on the Site

Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Site must comply with all applicable federal and state laws, statutes, rules, and regulations. The Site may contain links to other websites that are not owned, operated, or controlled by Insolroll (“Third Party Sites”) as well as articles, menus, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the “Third Party Content”). All such links are provided solely as a convenience to you. If you use these links, you will leave the Site and Insolroll cannot be responsible for any content, materials, information, or events that are present on or that occur on websites that are not owned, operated, or controlled by Insolroll. Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Insolroll. Insolroll is not responsible for any Third Party Sites accessed through the Site or any content posted by any users on this Site or any Third Party Sites regarding Insolroll. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that Insolroll’s terms and policies no

longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Site to which you navigate from this Site.

Warranties/Disclaimers 

Disclaimer of Warranty; Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER INSOLROLL, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE PRODUCTS PURCHASED THROUGH THIS SITE. THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT INSOLROLL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT SHALL INSOLROLL, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER INSOLROLL, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

INSOLROLL IS NOT RESPONSIBLE FOR ANY CONTENT THAT AN ENDUSER OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY INSOLROLL. MOREOVER, INSOLROLL RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT IT, INSOLROLL, DEEMS UNSUITABLE.

Limitation on Damages

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if Insolroll is otherwise found to be liable to you in any manner, then Insolroll’s aggregate liability for all claims under such circumstances for liabilities, shall not exceed ten United States dollars. You agree to defend, indemnify, and hold harmless Insolroll, its officers, directors, employees, business partners and agents, from, and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and/or expenses (including but not limited to attorneys’ fees) arising from: (1) any breach by you of any of these Terms of Use; (2) your User Communications; and/or (3) a violation by you of applicable law or any agreement or terms with a third party to which you are subject and, if you are a Dealer, your selling of any products purchased from Insolroll.

Termination 

Either you or Insolroll may terminate these Terms of Use at any time. You may terminate these by ceasing all use of the Site. Insolroll may terminate these by ceasing to offer the Site to you and/or the general public or by sending notification that you can’t use the Site. If you are a dealer and have purchased any items from Insolroll prior to termination and such items have been shipped to you, you will still be required to remit payment for such items. If you are a dealer and have purchased any items from Insolroll prior to termination and such items have not been shipped to you, Insolroll will not be required to send such items to you nor shall you be required to pay for them.

Miscellaneous 

Severability

If a court of competent jurisdiction holds any provision of these Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use and the remaining portions of these Terms of Use shall continue in full force and effect.

Governing Law; Venue and Jurisdiction

By using the Site and/or purchasing products from this Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Insolroll. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.

Indemnity

You agree to indemnify and hold Insolroll, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of these Terms of Use or of any law or the rights of any third party.

Electronic Communications

You consent to receive electronic communications from Insolroll either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.

Find a Dealer

Thank you for your interest. Insolroll products are sold through our network of installing retail dealers. Please take a moment to fill out the form below and we will respond promptly with the contact information for the dealer in your area.

We would love to hear from you! Please fill out this form and we will get in touch with you shortly.

email: info@insolroll.com

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