Acceptance of Terms Please review the following basic rules that govern your use of this site. Please note that your use of this site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, please discontinue use of this site. Glass Apps® reserves the right to modify, alter or update the Terms at any time without prior notice. Your continued use of the site after such changes indicate your acceptance of the Terms as modified. Please review the Terms regularly.
Compliance You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of this site.
Site Contents Unless otherwise noted, all design and content featured on glass-apps.com, including navigational buttons and images, graphics, photography, text and the like, are copyrights, trademarks, trade dress, and/or intellectual property that are owned or licensed by Glass Apps®, Inc. All right, title and interest in the Glass Apps® web site and the intellectual property rights remain Glass Apps® property. However, please note that pictures of Glass Apps® products on this website are available only for the purpose of design and not for use. You may only download or electronically copy and print any of the contents displayed on the site for your personal and noncommercial use. Should you choose to download, copy or forward any site materials, no right, title or interest in those materials will be transferred to you.
Sample Orders READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE AGREEING TO PURCHASE THIS GLASS APPS® SAMPLE ITEM(S). SELECTING THE PURCHASE OF THIS ITEM THROUGH THIS WEBPAGE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS WEBPAGE BEFORE FINALIZING THE PURCHASE OF ANY OF THE SELECTED GLASS APPS® SAMPLE ITEM(S). PLEASE CONTACT GLASS APPS® DIRECTLY IF YOU WOULD LIKE TO DISCUSS THESE TERMS IN DETAIL.
1. Purchase and Limited Use Agreement In this purchase and limited use agreement ("Purchase Agreement"), you, the purchaser, are subject to the limited rights granted by this Agreement, and are referred to as "Purchaser" or "you."
In consideration of the reduced price per square foot paid for the selected sample item(s) (i.e., as compared with the price per square foot of a full-scale version of the selected sample item(s)) provided by Glass Apps®,
Glass Apps® hereby grants a purchase of the selected sample item(s) to you, the Purchaser subject to the following contractual obligations and use restrictions:
You may use the purchased sample item(s) for your experimental use with general interior or exterior architectural design. You may arrange or modify the purchased sample item(s) as you feel appropriate pursuant to determining whether to order one or more full-size versions of the sample item(s), which may ultimately be used for home, advertisement, display, or otherwise commercial end-use. You, as the purchaser, however, are expressly forbidden from using this sample item(s) - or this sample item(s) in combination with other identical or similarly-configured sample item(s) made by Glass Apps® - for home, advertisement, display, or otherwise commercial end-use product purposes without Glass Apps®'s express consent. You are also expressly forbidden from selling this sample (except through a refund exchange with Glass Apps®) to another party without Glass Apps®'s express consent.
In this purchase agreement, the purchased sample item(s) is referred to as the "Purchased Product."
All intellectual property rights in the sample items are hereby expressly reserved by Glass Apps®.
2. Term This purchase agreement is effective until terminated. Purchaser may terminate this purchase agreement by "returning" (i.e., delivering) to Glass Apps® any such selected sample item(s). Glass Apps® may terminate this purchase agreement if Purchaser breaches any of the terms and conditions. Upon termination of this purchase agreement for any reason, Purchaser shall discard or deliver to Glass Apps® any of the Purchased Product. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Glass Apps®'s proprietary intellectual property rights shall survive termination.
3. Sample Item(s) Format Glass Apps® contracts to deliver the Purchased Product in a sample-size product format (e.g., not full-size) only. Purchaser shall not reverse engineer the Purchased Product.
4. Limited Warranty Glass Apps® does not warrant that the sample item(s) corresponding to the Purchased Product will meet Purchaser's design requirements, or that the sample item(s) will be error-free. Glass Apps® also does not warrant that the sample item(s) corresponding to the Purchased Product will be free from defects under normal use for a period of thirty (30) days from the date of delivery ("Warranty Period"). Purchaser's exclusive remedy under this limited warranty is the replacement of any defective Purchased Product by purchasing the sample item(s) again from Glass Apps® via any appropriate telephonic, Internet, or in-person based sale; or by exchanging the defective sample with a replacement sample provided by Glass Apps®, where mutually agreed to with Glass Apps®.
EXCEPT AS PROVIDED ABOVE, THE PURCHASED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PURCHASED PRODUCT IS WITH PURCHASER.
5. Limitation of Liability Glass Apps®'S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE REPLACEMENT OF DEFECTIVE ITEMS ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT WILL GLASS APPS® BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, REVENUES, OR SAVINGS, ARISING OUT OF THE PURCHASED EXPERIMENTAL USE OF (OR INABILITY TO USE) THE PURCHASED PRODUCT, EVEN IF GLASS APPS® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL GLASS APPS® BE LIABLE FOR ANY DAMAGES.
6. General Any attempt to assign or transfer any of the rights, duties or obligations of this Purchase Agreement hereunder is void. This Purchase Agreement shall be governed by and interpreted under the laws of the State of Utah, United States of America, without regard to conflicts of provisions.
Glass Apps®, Incorporated, Salt Lake City, Utah
PURCHASER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. PURCHASER FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN PURCHASER AND Glass Apps®, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Custom Orders Custom products may not match the general look of former samples produced by Glass Apps®. Glass Apps® does not take responsibility for any flaws such as, but not limited to, pattern variations from sheet to sheet, density, layout, air bubbles and surface imperfections that may exist in a full sheet as this product is custom and has not been fully tested. In signing this Purchase Order the purchaser acknowledges that Glass Apps® provides no warranty, representation or guarantee with respect to the look, quality or consistency of the custom sheets included in this order.
If the custom sample cannot be reproduced in full sheet sizes, the customer is responsible for paying all costs incurred in product development stage.
If customer provides custom image layer or other materials, Glass Apps® is not responsible for replacing inter-layers damaged or scrapped in product development or during standard manufacturing of the product.
Indemnification You agree to indemnify, defend and hold harmless Glass Apps®, Inc., from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from any violation of these Terms and/or any intentional wrongdoing by you.
Links You may only provide a hypertext link to the Glass Apps® web site on another web site if you comply with the following: (i) the link must be a text-only link clearly marked "glass-apps.com" or www.glass-apps.com; (ii) the link must point to the URL www.glass-apps.com and not to other pages within the Glass Apps® web site; (iii) the link, when activated by a user, must display the Glass Apps® full screen web site; and (iv) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance that we are associated with or sponsor the linking web site. We reserve the right to revoke our consent to any link at any time in our sole discretion.