Terms of Service

The following terms and conditions for use (this "Terms of Service") govern all use of the Independent Glass Association ("IGA") Shop Locator Service (the "Service") and all content, services, features, activities and products available at or through the Service, including but not limited to the store locator service (the "Locator Service" and, together with all other content, services, features, activities and products available through the Service, the "Services"). The Services are owned and operated by the Independent Glass Association, ("we" or "IGA"). Please read these Terms of Service carefully before using the Services.

BY USING OR ACCESSING THE SERVICES, YOU (with respect to users of the Locator Service, the terms "you" or "yours" include the person or entity that is registered with the Locator Service as well as any third parties authorized to access the Locator Service on that person or entity's behalf) AGREE TO BE BOUND BY THIS TERMS OF SERVICE AND BY THE STORELOCATORWIDGETS PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE HEREIN IN ITS ENTIRETY. THIS TERMS OF SERVICE AND THE STORELOCATORWIDGETS PRIVACY POLICY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND STORELOCATORWIDGETS THAT CONDITIONS YOUR USE OF THE SERVICES (this "Agreement"). If you do not agree to all the terms and conditions of this Agreement, you may not use the Services.

The IGA reserves the right to aggregate certain broad categories of data (such as number of queries performed per day and geographic locations) and/or to compile reports regarding general web usage or trends, which may be provided to third parties. This information will be presented only in aggregate form, and in no event will we compile specific site data that identifies clients or clients' Visitors without client permission.

Except for the limited licenses expressly granted herein,the IGA expressly reserves all right, title and interest in and to the content on the IGA Shop Locator Service, and all processing, analytics, and other software and technology used by the IGA in the analysis of your website and/or the provision of the Locator Service ("IGA Technology"), including, without limitation, any derivatives, improvements, enhancements or extensions of the the IGA Technology conceived, reduced to practice or otherwise developed on or on behalf of the IGA, all of which are valuable assets of the IGA, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.

You acknowledge that any Material you post, upload, or submit to the Service may be edited, removed, deleted, modified, published, transmitted, and displayed by the IGA in its sole discretion and without your permission and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. You expressly agree that we may remove, disable or restrict access to or the availability of any Material from the Website at any time, for any reason or for no reason at all. The IGA reserves the right to treat Material as content stored at the direction of users for which the IGA will not exercise control except to block or remove content that comes to the IGA's attention and is offensive, obscene, lewd, violent, harassing, threatening, abusive, illegal, libelous, defamatory, fraudulent, deceptive, misleading or otherwise objectionable to the IGA, or to enforce the rights of third parties or the content restrictions set forth in this Agreement when notice of their violation comes to the IGA's attention. However, the IGA shall not be responsible for controlling or editing any Material and the IGA cannot ensure prompt removal of inappropriate or unlawful Material. Under no circumstances will we be held liable for removing, disabling or restricting access to or the availability of Material.

You agree to indemnify, hold harmless and (if requested by the IGA) defend the IGA, at your expense, against any and all third-party claims, actions, proceedings, and suits asserted against the IGA or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by the IGA or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Services, or (iii) your unauthorized use of the IGA Shop Locator Service. In such instances, the IGA will provide you with electronic and written notice of such third-party claim, action, proceeding, or suit to the last e-mail address and mailing address furnished to the IGA within 30 days of learning of such claim. You shall cooperate as fully as reasonably required in the defense of any claim. The iGA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

THE SERVICES, THE IGA SHOP LOCATOR SERVICE AND ANY REPORTS DERIVED THEREFROM ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE IGA EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, THE IGA SHOP LOCATOR SERVICE, THE REPORTS, OR ANY DOCUMENTATION, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. STORELOCATORWIDGETS DOES NOT WARRANT THAT THE SERVICES, THE IGA SHOP LOCATOR SERVICE OR ANY REPORTS DERIVED THEREFROM WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE LOCATOR SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL.

The IGA does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime (i) caused by outages to any public Internet backbones, networks or servers; (ii) caused by any failures of your equipment, systems or local access services; (iii) for previously scheduled maintenance; or (iv) relating to events beyond The IGA's control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where the IGA's or your servers are located or co-located.

THE IGA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF STORELOCATORWIDGETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN FULL

THE IGA'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO THE IGA FOR USE OF THE SERVICES.

You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

Effective Date of this Terms of Service: This Terms of Service is effective as of January 1, 2025.

Date of last update of this Terms of Service: This Terms of Service was last updated on January 1, 2025.