User Contract

Welcome to soundproofwindowtreatments.com. This Web site is provided by Mass Soundproof as a service to our customers. Please review the following basic rules that govern your use of the soundproofwindowtreatments.com site. Please note that your use of the soundproofwindowtreatments.com site (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a particular portion of this Site, bypassing this Agreement, your use of this Site still binds you to these Terms and Conditions. soundproofwindowtreatments.com reserves the right to update or modify these Terms and Conditions at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.

Payment

All prices and amounts shown on this Site and/or provided to customers via email, in person and/or over the telephone are our cash discounted prices and do not include Merchant Transaction Process fees as may be applicable at the time of order acceptance and are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request on the Site to purchase products and/or services, the User agrees that all charges, taxes and shipping/handling and merchant transaction processing fees will automatically be charged to the credit card or paid by User with an approved payment method. We require each order to be fully paid, including packaging, shipping, handling and transaction processing fees, if applicable, before we accept an order. We will not start working on an order until we receive the full payment. Once sizes and designs information has been submitted by customer and payment received and/or your transaction processed, no changes are allowed to the sizes, designs, colors, materials or other job/order characteristics. After an order request has been sent to soundproofwindowtreatments.com 's the customer is responsible for paying the entire amount of that order along with applicable taxes, shipping/handling, and transaction processing fees, unless otherwise noted.

Refund Policy

All sales are final. Since we custom manufacturer each order according to your exact specifications, no refunds are given once soundproofwindowtreatments.com starts working on your order, which means soundproofwindowtreatments.com has received your necessary specifications and payment and has begun work on your job/order (i.e., your job/order is in production).

If we verify that we have made an error, we will remanufacture the order. We must be notified within 24 hours from delivery of any defects. In order to receive the replacement, customer must return 100% of the defective order at their expense within 5 days of their receipt. We will remanufacture the order and send it out via the same paid shipping method. Shipping is non-refundable.

In some cases, a partial or full refund may be extended to the customer if no work has been completed by soundproofwindowtreatments.com for a specific order. Such refund would be adjusted to cover any order processing fees charged or other services associated with that order as well as merchant bank fees on credit card transactions.

Refunds resulting from but not limited to, quantity, material, color requests and shipping downgrades prior to being in production shall be subject to a $150.00 fee.

Each order made from soundproofwindowtreatments.com is a contract between you, as the customer making the order, and soundproofwindowtreatments.com . The fact that you have made and/or submitted an order on behalf of a third party does not absolve you of liability to soundproofwindowtreatments.com . As such, any decision by the third party not to accept the particular items ordered or manufactured or to cancel the order with you does not affect your liability to soundproofwindowtreatments.com.

Our Sales Tax Policy

soundproofwindowtreatments.com charges sales tax to orders received from within the state of Massachusetts unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate.

No Liability for Errors

soundproofwindowtreatments.com is not liable for errors in a final product caused by any of the following reasons: Misspelling, Wrong sizes, Wrong color, Incorrect terminology and/or other customer errors, mistakes, and/or misstatements.

Manufacturing Turnaround Time

Manufacturing turnaround time begins once your order has been placed and your payment has been received and/or credit card transaction has been processed. Manufacturing turnaround time begins when your full payment has been made.

Shipping

Shipping transit times vary, and soundproofwindowtreatments.com assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive an order on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc. soundproofwindowtreatments.com 's responsibility is limited to preparing your order and delivering it to a common carrier for shipping. soundproofwindowtreatments.com is not liable for damages which occur in shipping.
We cannot ship to P.O. Boxes or APO/FPO.

Miscellaneous

All complaints must be registered within 24 hours of receipt of your order. Should your order contain errors and/or defects (as determined by soundproofwindowtreatments.com ), soundproofwindowtreatments.com would remanufacture your job at no charge.

All materials we create in producing your order are the property of soundproofwindowtreatments.com .

Section B
General Terms and Conditions

Copyright Notice

You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of soundproofwindowtreatments.com and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

Corporate Identification and Trademarks

" soundproofwindowtreatments.com ", and any and all other marks appearing on this Site are trademarks of soundproofwindowtreatments.com in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without soundproofwindowtreatments.com 's prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. soundproofwindowtreatments.com prohibits the use of Trademarks as a "hot" link on, or to, any other Web site unless establishment of such a link is pre-approved by soundproofwindowtreatments.com in writing.

Use Restriction

You may only use this Site to make legitimate requests to purchase the products or services offered (each, a "Request"), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by soundproofwindowtreatments.com . You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without soundproofwindowtreatments.com 's prior written consent is prohibited.


Email

We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future soundproofwindowtreatments.com programs. Also, please remember that you are responsible for whatever material you submit and that you, not soundproofwindowtreatments.com , have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of soundproofwindowtreatments.com .

Privacy

You confirm that you have read, understood and agree to the soundproofwindowtreatments.com Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by soundproofwindowtreatments.com , its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the soundproofwindowtreatments.com Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by l soundproofwindowtreatments.com in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

General Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL soundproofwindowtreatments.com - INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") - BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by soundproofwindowtreatments.com for making a Request.
Some states-to the extent their law might be deemed to apply, notwithstanding the selection of Massachusetts law as described (below)-do not allow the limitation of liability, so the foregoing limitations might not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless soundproofwindowtreatments.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Third Parties

If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.

Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall become and remain the exclusive property of soundproofwindowtreatments.com . The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Links to other Web sites and Services

To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to soundproofwindowtreatments.com , and are neither its employees nor agents.

Termination of Usage

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Photographic and Illustrative Representations

All photographic, videographic and illustrative representations and imagery appearing on soundproofwindowtreatments.com website are solely for the purposes of illustrative representation.  Changes may occur from time to time in manufacturing processes, designs, materials and methods used to manufacture soundproofwindowtreatments.com products and may create appearance differences from the visual representations appearing on the website from time to time.

Miscellaneous

The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Governing Law

The internal laws of the State of Massachusetts shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Middlesex County, Massachusetts for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.