Terms and Conditions

Introduction

Welcome to Cherry Glass & Aluminum ("Cherry Glass," "we," "us," or "our") website. These Terms and Conditions govern your access to and use of www.cherryglass.com, including any content, functionality, and services offered on or through our website.By accessing or using our website, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you may not access the website or use our services.

Acceptance of Terms

By accessing this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. These Terms and Conditions constitute a legally binding agreement between you and Cherry Glass.

Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. All changes are effective immediately when posted and apply to all access to and use of the website thereafter. Your continued use of the website following the posting of revised Terms and Conditions means that you accept and agree to the changes.

Use of Website

Permitted Use

You may use our website for lawful purposes and in accordance with these Terms and Conditions. You agree not to use our website:

In any way that violates any applicable federal, state, local, or international law or regulationTo transmit, or procure the sending of, any advertising or promotional material without our prior written consentTo impersonate or attempt to impersonate Cherry Glass, a Cherry Glass employee, another user, or any other person or entityTo engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website

Prohibited Use

You further agree not to:

Use the website in any manner that could disable, overburden, damage, or impair the siteUse any robot, spider, or other automatic device, process, or means to access the website for any purposeUse any manual process to monitor or copy any of the material on the websiteUse any device, software, or routine that interferes with the proper working of the websiteIntroduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmfulAttempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the websiteAttack the website via a denial-of-service attack or a distributed denial-of-service attack

Intellectual Property Rights

Ownership

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Cherry Glass, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the website for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materialsYou may store files that are automatically cached by your web browser for display enhancement purposesYou may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution

Trademarks

The Cherry Glass name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Cherry Glass or its affiliates or licensors. You must not use such marks without the prior written permission of Cherry Glass. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

Products and Services

Product Information

We strive to display our products and services accurately on our website. However, we do not guarantee that product descriptions, colors, or other content on the website are accurate, complete, reliable, current, or error-free. If a product or service offered by Cherry Glass is not as described, your sole remedy is to contact us for resolution.

Pricing and Payment

All prices displayed on our website are subject to change without notice. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.For products and services purchased through our website or after receiving a quote, payment terms will be specified in your contract or invoice. We accept various payment methods, including credit cards and bank transfers. By providing payment information, you represent and warrant that you have the legal right to use any payment method used in connection with any purchase.

Estimates and Quotes

Any estimates or quotes provided through our website or by our representatives are approximations only and are subject to change based on actual measurements, materials, labor, and other factors. A final price will be confirmed in a written contract before work begins.

Installation and Services

Scheduling

When scheduling installation or other services, we will make reasonable efforts to accommodate your preferred date and time. However, all schedules are subject to availability, weather conditions, and other factors beyond our control.

Access to Property

For installation and service appointments, you agree to provide our technicians with safe and reasonable access to your property. You are responsible for ensuring that the area where work will be performed is clear of obstructions and personal belongings.

Warranties

Warranties for our products and installation services are provided separately and are subject to the specific terms and conditions contained in those warranty documents.

User Contributions

Content Standards

Any user contribution or content you post to the website must comply with all applicable federal, state, local, and international laws and regulations. User contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionablePromote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or ageInfringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other personViolate the legal rights of others or contain any material that could give rise to any civil or criminal liability

Monitoring and Enforcement

We have the right to:

Remove or refuse to post any user contributions for any or no reasonTake any action with respect to any user contribution that we deem necessary or appropriateDisclose your identity or other information about you to any third party who claims that material posted by you violates their rightsTake appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website

Free Giveaways and Promotions

Eligibility

From time to time, we may offer free giveaways, contests, or promotions. Participation in these activities is subject to specific rules and eligibility requirements that will be posted at the time of the offer.

Information Collection

By participating in our giveaways or promotions, you agree that we may collect personal information from you, including your name, address, email, phone number, and other information necessary to administer the giveaway or promotion. This information will be handled in accordance with our Privacy Policy.

Winner Selection and Notification

Winners will be selected according to the criteria specified in each promotion. Winners may be announced on our website, social media platforms, or notified directly via the contact information provided.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.NEITHER CHERRY GLASS NOR ANY PERSON ASSOCIATED WITH CHERRY GLASS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

Limitation of Liability

IN NO EVENT WILL CHERRY GLASS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless Cherry Glass, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the website.

Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or related to them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the State of Idaho, without giving effect to any choice or conflict of law provision or rule.Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Idaho, in each case located in Idaho Falls. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by Cherry Glass of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cherry Glass to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

Entire Agreement

These Terms and Conditions, our Privacy Policy, and any contracts or agreements entered into in connection with products or services purchased from us constitute the sole and entire agreement between you and Cherry Glass regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.

Contact Information

If you have any questions about these Terms and Conditions, please contact us at:Cherry Glass & Aluminum

2695 N. 25th East

Idaho Falls, Idaho 83401

Phone: (208) 522-6681

Email: [email protected]

Effective Date

These Terms and Conditions are effective as of April 16, 2025.