RITESCREEN

Terms and Conditions

 

Last Revised:  January 13, 2026

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS (THESE "TERMS") CAREFULLY. THEY CONSTITUTE A LEGALLY BINDING AGREEMENT CONTAINING IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A CLAUSE GOVERNING JURISDICTION AND VENUE FOR DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

RiteScreen provides an online platform for information and e-commerce regarding its window screens, patio door screens, related products, accessories, and offerings (the “Platform,” as further defined below). The Platform may be accessible via its website (the "Site," defined below), mobile application, or other means.

These Terms incorporate by reference all policies, guidelines, and supplemental terms and conditions of use or service posted on the Platform, which RiteScreen may amend, modify, supplement, or restate periodically. Our Privacy Policy, available at https://www.ritescreen.com/privacy-policy (“Privacy Policy”) informs you of RiteScreen’s collection and use of your information, including Personal Information (as defined in the Privacy Policy), related to your use of the Platform and any associated products or services.

By accessing, browsing, submitting information to, or otherwise using the Platform or any service offered through it, you acknowledge that you have read, understand, and agree to be bound by and comply with all of these Terms. If you do not agree to these Terms without modification, you are not authorized to and must not access or use this Platform.

Any person who visits, uses, or accesses this Platform is referred to as a User. Users are also referred to in these Terms as “You”, “you”, “Your”, or “your.”  If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. 

I.                Definitions

The following terms used in these Terms with their initial letters capitalized, and those terms defined in the introductory paragraphs or elsewhere in these Terms, throughout these Terms have the meanings provided. 

A.    “Account” means with respect to Users, the account created by us on or through the Platform for a User’s use in connection with certain User Features as may be offered from time to time through the Platform.

B.    “Artificial Intelligence (AI)” means any system, software, or process that simulates human intelligence, including but not limited to machine learning, deep learning, natural language processing, and generative models.

C.    “Collective Content” means RiteScreen Content and User Content.

D.    “Content” means any text, graphics, images, music, software (excluding any RiteScreen Software), audio, video, information, or other electronically stored data.

E.    “Custom Products” means RiteScreen Products that RiteScreen customizes to specifications provided by a User through the Platform.

F.     “Geospatial AI” means any artificial intelligence system or model that processes, analyzes, or generates data related to geographic locations, mapping, or spatial analysis.

G.   “Governmental Authority” means any domestic or foreign, federal, state, local, provincial, county, or municipal or supra national government or political subdivision thereof, or any agency, instrumentality, subdivision, court, tribunal, commission or other authority of such government or political subdivision, or any self-regulated, private, non-governmental or quasi-governmental organization, body or authority (to the extent that the rules, regulations or orders thereof have the force of Law). 

H. “Intellectual Property Rights” means, with respect to any thing, material or work (hereinafter, a “Work”): (a) any and all worldwide copyrights, trademarks, trade secrets and any other intellectual property and proprietary rights and legal protections in and to such Work including but not limited to all rights under treaties and conventions and applications related to any of the foregoing; (b) all patents, patent applications, registrations and rights to make applications and registrations for the foregoing; (c) all goodwill associated with the foregoing; (d) all renewals, extensions, reversions or restorations of all such rights; (e) all works based upon, derived from, or incorporating the Work; (f) all income, royalties, claims, and payments now or hereafter due or payable with respect thereto; (g) all causes of action, either in law or in equity for past, present or future infringement based on the Work; (h) all rights corresponding to each of the foregoing throughout the world; and (i) all the rights embraced or embodied therein, including but not limited to, the right to duplicate, reproduce, copy, distribute, publicly perform, display, license, adapt, prepare derivative works from the Work, together with all physical or tangible embodiments of the Work.

I.      “Large Language Model (LLM)” means any artificial intelligence model trained on large datasets to generate, understand, or process human language, including but not limited to models such as OpenAI’s GPT series, Google’s BERT, and similar technologies.

J. “Law” or “Laws” means, as amended from time to time, any domestic or foreign federal, state, local, provincial, county, or municipal or supra national Law (including common law), rule, regulation, statute, treaty, constitution, ordinance, decree, code, proclamation, policy, procedure, guideline, standard, order, judgment, or other legally enforceable requirement enacted, issued, adopted, promulgated, enforced, ordered, or applied by any governmental authority.

K.   “Platform” has the meaning ascribed to it in the second paragraph of these Terms.

L.    “Remake Terms” means the specific terms governing the Custom Product Remake Program, as described below or in a separate written policy.

M.  “Replacement Product Fee” means the additional fee for remaking a Custom Product when a defect or issue was not caused by RiteScreen, as detailed in the Remake Terms.

N. “Return Merchandise Authorization (RMA)” means the form and process required by RiteScreen to initiate a product return.

O.   “RiteScreen Content” means all Content that RiteScreen makes available through the Platform including any Content licensed from a third party but excluding User Content.

P.     “RiteScreen Products” means any merchandise, including window screens, patio door screens, and related products and accessories, offered or sold by RiteScreen to Users through the Platform.

Q.   “RiteScreen Software” means any software, html, or other code, at any time or from time to time, in whole or in part, comprising the Platform or utilized by RiteScreen through the Platform.

R.    “RiteScreen”, “we”, “us”, or “our,” shall refer to The RiteScreen Company, LLC.

S. “Services” means collectively all services RiteScreen offers through the Platform to Users, including the Site, any User Feature, RiteScreen Content, and RiteScreen Software, among others.

T. “Site” means the website located at www.RiteScreen.com or its sub-domains.

U.    “User Content” means all Content that a User provides, posts, uploads, publishes, submits, transmits, or makes available on the Platform, including but not limited to all such Content provided for purposes of establishing, initializing, modify, or creating an Account.

V.    “User Feature” means any feature or functionality of the Platform which RiteScreen may designate from time to time for use by Users for or in connection with the Services including without limitation e-commerce services relating to the purchase of RiteScreen Products. 

W.  “User” means any person or entity that uses or accesses the Platform or any User Feature, including but not limited to any person or entity who completes the Account registration process described under the “Account Registration” section below and who remains in good standing and has not otherwise been restricted or terminated by RiteScreen. 

II.             Acknowledgements and Disclaimers

A.    Explanation of the Site

 RiteScreen may provide an online interactive and e-commerce website, the Site, offering information and selling window screens, patio door screens, related products, and accessories. In some cases, the Site provides links to third-party dealers, distributors, e-commerce platforms, and our affiliates. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT THE PLATFORM, INCLUDING ANY FEATURES OR CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE (AI), LARGE LANGUAGE MODELS (LLM), OR GEOSPATIAL AI, IS PROVIDED SOLELY FOR INFORMATIONAL AND E-COMMERCE PURPOSES AND IS SUBJECT TO THESE TERMS' DISCLAIMERS AND POLICIES.

B.    Disclaimers

 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE NOR ANY OF OUR THIRD-PARTY LICENSORS OR SUPPLIERS MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY ASPECT OF THE PLATFORM. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PLATFORM WILL FUNCTION AS DESCRIBED, BE UNINTERRUPTED OR ERROR-FREE, FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, FILES, DATA, OR MATERIALS UPLOADED, DOWNLOADED, OR STORED WILL BE TIMELY, CURRENT, SECURE, OR NOT LOST, CORRUPTED, DAMAGED, OR IMPAIRED. WE ALSO DO NOT WARRANT THAT WE CAN PREVENT DISRUPTION OR CORRECT ANY DEFECTS.

RITESCREEN MAY MAKE CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE (AI), LARGE LANGUAGE MODELS (LLM), OR GEOSPATIAL AI AVAILABLE. THIS CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT PROFESSIONAL ADVICE. WHILE RITESCREEN STRIVES FOR RELIABILITY AND ACCURACY, AI-GENERATED MATERIAL MAY CONTAIN ERRORS, OMISSIONS, OR BE INCOMPLETE AND UNRELIABLE. YOU ACKNOWLEDGE AND AGREE THAT YOU RELY ON ANY AI, LLM, OR GEOSPATIAL AI-GENERATED CONTENT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RITESCREEN EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ERRORS, OMISSIONS, OR RELIANCE ON SUCH CONTENT OR FEATURES.

IN NO EVENT WILL RITESCREEN BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SERVICES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF RITESCREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW.

III.           Modification of Platform or Terms

RiteScreen reserves the right, in its sole discretion, to modify the Platform or these Terms at any time without prior notice or penalty. If we modify these Terms (which may include updating, revising, amending, supplementing, restating, or terminating them), we will post the modification on the Platform or otherwise provide you with notice. Please refer to the “Last Updated” date at the beginning of these Terms. Your continued access or use of the Platform after RiteScreen posts or notifies you of a modification indicates your agreement to be bound by the modified Terms. If the modified Terms are unacceptable, you must discontinue using the Platform.

IV.           User Eligibility

This Platform is intended for persons 18 years of age or older. Any access to or use of User Features or the Platform by anyone under 18 is prohibited. By accessing or utilizing any User Features on or through the Platform, you represent and warrant that you are 18 years of age or older.

V.              Accounts

A.    Registration, Profile, and User Content

 From time to time in order to access certain User Features you may be required to register to create an Account.  You may register directly via the Platform or as described in this Section. 

 Your Account and profile page will be created based on the User Content you provide. RiteScreen may provide you, in person or electronically, information necessary to establish your Account. Any information you provide, publish, or post to or through the Platform (including profile information) or send to other Users (via feedback, text, email, or social media postings) is considered User Content. You consent to us using your User Content to create an Account, allowing you to use certain User Features reserved for Account-holders. Our collection and use of personal information in connection with the Platform is governed by RiteScreen’s Privacy Policy at https://www.ritescreen.com/privacy-policy.

As a User, you are the sole authorized user of your Account (if applicable) and are responsible for maintaining the confidentiality of any password provided by you or RiteScreen for accessing User Features. You are solely responsible for all activities occurring under your Account, and RiteScreen expressly disclaims any liability arising from unauthorized access or use. If you suspect unauthorized use or any other security breach, you agree to notify us immediately.

B.    Limitation, Suspension, Termination, and Cancellation of Accounts

As a User, you may not have more than one (1) Account with RiteScreen at any given time. RiteScreen may, in its sole discretion and without incurring any liability, limit, suspend, deactivate, or cancel your Account and/or deny access to User Features, with or without cause or prior notice, especially if you provide false or misleading information or violate these Terms.

You may cancel your Account at any time via the “Cancel Account” or other similarly designated feature of the Platform, or by notifying us thereof by e-mail at hello@RiteScreen.com or by contacting us by telephone at 888-411-1898.

VI.           RiteScreen Communications

You acknowledge that we may communicate with you as needed, including via e-mail, text message, telephone calls, and push notifications to the telephone number you provide, regarding your use of the Platform and our services or offerings.

Please note that communications from us may include messages generated by automatic telephone dialing systems or other methods, delivering prerecorded messages from or on behalf of RiteScreen, its affiliates, or other Users. These may include operational communications concerning the Platform, User Features, Services, and updates on new and existing features.

In other instances, we will seek your consent to receive communications by asking you to “opt-in." This may include interactions with User Features like our “Contact” or “Make an Appointment” features, newsletters, promotions from RiteScreen or third parties, and updates and news concerning RiteScreen.

If you have already opted in to receive certain communications and wish to opt out of promotional emails, text messages, or other such "opt-in" communications, you may do so by following the unsubscribe options provided on the Platform or via the communication (e.g., the “unsubscribe” button in promotional emails or a “STOP” message for text messaging). Standard text messaging charges from your carrier will apply to text messages we send.

       VII.         Order, Returns, and Other Financial Terms

          A.    Placing Orders

 Once you have successfully registered on the Platform as a User and your Account is established, you may place orders for RiteScreen Products through a User Feature. RiteScreen reserves the right, in its sole discretion and at any time after receiving an order, to accept, refuse, place on hold, or cancel any order, including the right to limit quantities of RiteScreen Products you may purchase.

 Upon receiving your order, we will send an e-mail confirmation to the address you provide during Account registration. Your receipt of an order confirmation signifies only that we received your order, not RiteScreen’s acceptance or confirmation of an offer to sell.

 After receiving your order, RiteScreen may contact you for clarification or additional information. It is your responsibility to timely provide all requested information. RiteScreen reserves the right, in its sole discretion, to place your order on hold or cancel it if requested information is not received on time or is incomplete. Orders placed on hold may be cancelled if required information remains missing. For cancelled orders for which you have already made payment, we will issue a credit or refund according to these Terms.

 If you wish to make changes to an order, please contact us as soon as possible. However, we do not guarantee that we can change your order once placed, so please double-check your selections before submitting.

          B.    Payments and Authorizations

 You agree to pay RiteScreen all fees and charges associated with RiteScreen Products and/or Services. All fees and charges are due in full upon order confirmation. For recurring subscriptions to certain User Features, all fees and charges are due on a recurring basis as explained for those features.

 For payments made through the Platform, you may be asked to provide customary billing information (e.g., name, billing address, credit card or other payment details) to RiteScreen or its third-party payment processors or e-commerce partners (e.g., Shopify, Apple App Store, Google Play Store). You agree to pay RiteScreen for any purchases related to your Account or use of User Features via one of the payment methods provided on the Platform, including charging your credit card account. You authorize the payment and collection of such amounts by charging your credit card or via other payment methods provided under your Account. If directed to a RiteScreen third-party payment processor, you may be subject to their terms and conditions and personal information collection practices.

To facilitate your use of User Features, you understand and agree that RiteScreen reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card or other payment method for any fees or charges for RiteScreen Products or (ii) charge a nominal amount (not exceeding one dollar ($1) per verification, or a similar sum in your transacting currency) to verify your payment method. Generally, RiteScreen collects fees or charges upon order placement, but may, in its discretion, collect them earlier or later.

RiteScreen does not control, and is not responsible for, any fees or charges that may be charged to a User by your bank, financial institution, or payment provider, with respect to RiteScreen’s collection of fees or payments, and RiteScreen expressly disclaims all (and you agree that RiteScreen will have no) liability in this regard. 

          C.    Shipping

 Shipping charges and expected delivery dates may be displayed through User Features at the time of your order or appear in an order confirmation e-mail. We determine the shipping carrier based on our service locations and your shipping address; carriers may include USPS, UPS, and FedEx. Occasionally, orders may be sent in multiple shipments.

          D.    Returns and Custom Remake Policy

                    1.     Return Policy Generally

 The following return policy applies to purchases made directly through the Platform. For items purchased from third-party e-retailers, please refer to their respective return policies. Please check this return policy periodically, as it may be updated from time-to-time and without notice.

                    2.     Returns Eligibility

 You may return most new, unused window and patio screen doors and other RiteScreen Products purchased directly from RiteScreen within 30 days of delivery for a full refund. All returned items must be in new, unused condition and in their original packaging, with all parts, hardware, and documentation included. The following items may not be returned:

     ·       Custom window and patio screen doors, unless delivered to you in damaged or defective condition,

     ·       Items that have been installed, used, or modified in any way,

     ·       Items sold as clearance or final sale, and

     ·       Items that are lost or damaged during return transit.

 Contact RiteScreen at 888-411-1898 to verify return eligibility.

                     3.     Return Procedure

 Please follow these steps to submit a return:

     ·       Fill out a Return Merchandise Authorization (RMA) form.

     ·       For items that are not damaged or defective, after you submit RMA form above, RiteScreen will automatically send you an email containing instructions on where and how to ship back your order. Please follow those instructions, and securely package the item(s) to prevent damage during return shipping.

     ·       Ship the return to the following address using your preferred method of shipment: RiteScreen Attn: Jeff Masser 4314 Rt. 209 Elizabethville, PA 17023 RiteScreen is not responsible for the cost of return shipping, which must be purchased by the customer and is not refundable.

     ·       After we inspect your return and confirm that the product is in returnable condition, your refund will be processed within 2-3 business days to the original method of payment. If your return is not accepted, we will normally let you know within 2-3 business days.

                    4.      Damaged or Defective Items

In the event that you receive a damaged or defective screen door, please contact customer service by phone at 888-411-1898 or email at hello@ritescreen.com for assistance. We will work with you to resolve the issue promptly.

                    5.     Exchanges

Custom product(s) made-to-order cannot be exchanged.  

                     6.     Contact Us

 For any questions or concerns regarding our return policy or assistance with a return, please contact our customer service team at 888-411-1898 or hello@ritescreen.com.

                     7.   Custom Remake Program

THESE REMAKE TERMS ARE SUBJECT TO UPDATES OR CHANGES.

IIMPORTANT: Please read these Custom Product Remake Program terms (“Remake Terms”) carefully as they affect your legal rights. Unless prohibited by applicable law, these Remake Terms require you to arbitrate disputes with us in accordance with Article XIII (Dispute Resolution), below. By ordering Custom Product(s), you waive any rights to initiate or participate in class action lawsuits or representative actions regarding claims related to these Remake Terms or Custom Products. This Program grants specific legal rights, and you may have other rights that vary by State. 
Defect Caused by RiteScreen:   
If RiteScreen determines, in its sole discretion, that a defect was directly caused by RiteScreen’s failure to provide you the Custom Products in accordance with the original order, RiteScreen will remake the Custom Products within thirty (30) days at no additional cost to you. Upon completion, RiteScreen will deliver the remade Custom Product to you. 
Defects or Issues Not Caused by RiteScreen 
If RiteScreen determines, in its sole discretion, that a defect or issue was in any manner caused by reasons other than RiteScreen’s failure to adhere to the original order’s specifications, including, for example, where your original order and specifications were incorrect, RiteScreen will inform you of such determination. Any remake will be done at an additional fee (“Replacement Product Fee”). The Replacement Product Fee is set to the greater of: (i) fifty percent (50%) of the original price for the Product; or (ii) $35 to $75. Once you have confirmed you want RiteScreen to remake the Custom Product, RiteScreen will remake the Custom Product within thirty (30) days after RiteScreen’s receipt of the applicable Replacement Product Fee. Upon completion, RiteScreen will deliver the remade Custom Product to you. Shipping costs for the remakes will be the responsibility of the customer.  
 
          E.    Use of RiteScreen Products

Your use of RiteScreen Products is subject to all product disclaimers, instructions, and information RiteScreen provides, including on product labeling and packaging inserts. By purchasing or using any RiteScreen Products, you agree to use them in accordance with our instructions and confirm you have read and understand all provided information and warnings.

          F.     Promotions

RiteScreen may, at its sole discretion, offer special offers or promotions (“Promotions") to Users. Promotions may vary among Users; unless expressly made to you, no Promotion affects your Account, these Terms, or your relationship with RiteScreen. Promotional coupons reduce the cost of applicable RiteScreen Products by the stated amount or discount. However, all other fees, charges, shipping and handling (if applicable), and sales tax still apply. Coupon codes and other promotions cannot be combined; Users may use the most beneficial offer, but not combine them. Promotions may not apply to select products.

          G.   Store Credits

 Store Credits represent a credit balance usable for purchasing products or services (unless otherwise noted) exclusively from this online store. RiteScreen determines the expiration date of store credits.

VIII.      User Conduct

You understand and agree that you are solely responsible, at your own cost and expense, for compliance with all Laws applicable to your use of the Platform or any feature thereof. In connection with your use of the Platform, you must not, and you agree that you shall never do or attempt to do any of the following:

               1.     violate any applicable Law or these Terms;

               2.     use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other features or services contained in or comprising the Platform;

               3.   use the Platform, Services, User Features, or RiteScreen Content for developing any software, model, algorithm, or generative Artificial Intelligence (AI) tool, including training or using any of the foregoing with any Artificial Intelligence (AI), Large Language Model (LLM), or Geospatial AI system (such as for training, fine-tuning, grounding, or retrieval-augmented generation) or for providing data sets for such purposes, unless expressly authorized in writing by RiteScreen;

               4.     use the Platform or any part thereof or any feature or functionality accessed on or through the Platform for any commercial or other purposes that are not expressly permitted by these Terms;

               5.     interfere with or damage the Platform, or any part thereof or any feature or functionality accessed on or through the Platform;

               6.     use the Platform, or any part thereof or any feature or functionality accessed on or through the Platform to transmit, distribute, post, or submit any information concerning any other person or entity;

               7.     use the Platform for the distribution of unsolicited commercial email (“spam”);

               8.     stalk, harass, or bully any other user of the Platform;

               9.     impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

               10.  post, upload, publish, submit or transmit any Content that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property Rights, or rights of publicity or privacy, (ii) violates, or encourages any conduct that would violate, any applicable Law or regulation or would give rise to civil liability, (iii) is fraudulent, false, misleading or deceptive, (iv) is defamatory, obscene, pornographic, vulgar or offensive, (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, (vi) is violent or threatening or promotes violence or actions that are threatening to any other person, or (vii) promotes illegal or harmful activities or substances;

               11.  use, display, mirror or frame the Platform;

               12.  access, tamper with, or use non-public areas of the Platform;

               13.  attempt to probe, scan, or test the vulnerability of the Platform or network or breach any security or authentication measures;

               14.  avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by RiteScreen to protect the Platform; or

               15.  attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Platform or any feature or functionality thereof.

RiteScreen reserves the right to investigate and prosecute violations of the foregoing to the fullest extent of the Law. RiteScreen also reserves the right, at any time and without prior notice, to remove or disable access to any materials RiteScreen, at its sole discretion, considers objectionable, in violation of these Terms, or otherwise harmful to the Platform.

      IX.           Intellectual Property and User License Agreement

A.    General Intellectual Property Provisions 

The Platform is protected by copyright, trademark, and other Laws of the United States and foreign countries. You acknowledge and agree that the Platform, Services, and RiteScreen Content, including all associated Intellectual Property Rights, are the exclusive property of RiteScreen and its licensors (“RiteScreen Intellectual Property”). You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform or Collective Content. All RiteScreen trademarks, trade names, and source identifiers used on or in connection with the Platform are trademarks or registered trademarks of RiteScreen. Trademarks, trade names, and other source identifiers of third parties used on or in connection with the Platform are for identification purposes only and may be the property of their respective owners.

Nothing in these Terms grants, transfers or conveys, nor may be construed or operate as a grant, transfer or conveyance, to any User or any other person of any right, title or interest in or to any of RiteScreen Intellectual Property. No User or other person may use any of RiteScreen Intellectual Property without first obtaining our prior written consent, which consent may be withheld in our sole and absolute discretion.

B.    Non-Assertion

You agree you shall not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, business partners, licensors, licensees or transferees, any patent infringement or other Intellectual Property infringement claim with respect to the Platform.

C.    RiteScreen License 

RiteScreen grants Users a limited, non-exclusive, non-transferable right and license to (i) access and use the Platform; (ii) access and view any RiteScreen Content solely for your use of the Platform; and (iii) access and view any User Content to which you are permitted access, solely for your use of the Platform. You have no right to sublicense the license rights granted in this section. You agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise to RiteScreen Intellectual Property, including no license or right to use the Platform, Services, or Content for training, fine-tuning, or grounding any Artificial Intelligence (AI), Large Language Model (LLM), or Geospatial AI system, or for providing data sets for such purposes, except for the licenses and rights expressly granted in these Terms. 

D.    Artificial Intelligence and Machine Learning

RiteScreen may utilize Artificial Intelligence (AI), Large Language Model (LLM), or Geospatial AI technologies in its offerings, or RiteScreen Content may contain material generated by such technologies. RiteScreen endeavors to obtain such material from reputable and reliable sources and carefully vets it to meet applicable standards and law. However, all content, features, or services generated by or incorporating AI, LLM, or Geospatial AI are provided for informational purposes only and are subject to inherent limitations. Such content may not be error-free, complete, or reliable, and should not be relied upon as professional advice or for critical decision-making. RiteScreen disclaims all liability for any errors, inaccuracies, omissions, or reliance upon any content, features, or services generated by or incorporating AI, LLM, or Geospatial AI. Your use of any such content is at your sole risk.

No person or User is permitted to use any Services, including any RiteScreen Content, in connection with (1) the development, training, fine-tuning, grounding, or retrieval-augmented generation of any software, model, algorithm, or generative Artificial Intelligence (AI) tool, including any Artificial Intelligence (AI), Large Language Model (LLM), or Geospatial AI system; or (2) providing archived or cached data sets containing any Services (including any RiteScreen Content) to another person or entity. 

E.    User Content License 

RiteScreen may, in our sole discretion, permit you to post, upload, publish, submit, or transmit User Content. By making any User Content available on or through the Platform, you grant RiteScreen a worldwide, irrevocable, perpetual (or for the term of protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, create derivative works (as defined in 17 U.S.C. § 101) from, and otherwise exploit such User Content on, through, by means of, or to promote or market the Platform. Except as set forth herein, RiteScreen does not claim any ownership rights in such User Content, and nothing in these Terms will be deemed to restrict any rights you may have to use and exploit such User Content. Notwithstanding the foregoing, all derivative works (as defined in 17 U.S.C. § 101) resulting from User Content that is created or authored by RiteScreen or otherwise associated with any subsequent research by RiteScreen or its affiliates or contractors, shall become the property of the Company.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform. Accordingly, you represent and warrant that you either are the sole and exclusive owner of all User Content that you make available through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to RiteScreen the rights in such User Content, as contemplated under these Terms.

F.     Suggestions 

If you provide any suggested improvement(s) to the Platform or any feature or functionality thereof (each a “Suggestion” and collectively “Suggestions”) to RiteScreen, you agree to and hereby assign to RiteScreen all right, title, and interest (including any Intellectual Property Rights) in and to any Suggestion, even if designated as confidential or proprietary. RiteScreen shall be entitled to use and exploit any Suggestion without restriction. 

G.   Notice of Alleged Infringement 

If you are an intellectual property owner, or authorized to act on behalf of one, or authorized to act under any exclusive copyright right, please report alleged infringements on or through the Platform by submitting a complete Notice of Alleged Infringement as described below and delivering it to RiteScreen. Upon receipt of the Notice, RiteScreen will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing content from the Platform. 

1.               Provide your mailing address, telephone number, and, if available, email address.

2.               Identify the intellectual property that you claim has been infringed by providing a comprehensive list of items (works, trademarks, etc.). If your work is registered with the United States Patent and Trademark Office, United States Copyright Office, or other intellectual property office or jurisdiction, you must include copies of registration certificates or information sufficient to confirm such work is protected.

3.               Identify the material you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and provide information reasonably sufficient to permit us to locate the material, including, if applicable, the URL of the link shown on the Platform where such material may be found.

4.               Provide your full legal name and electronically sign and affirm the following statement:  “I hereby affirm that I have a good faith belief that the disputed use of the material is not authorized by the owner, its agent, or the law (e.g., as a fair use).  I affirm that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the Intellectual Property or of an exclusive right under the Intellectual Property that is allegedly infringed.”

5.               Deliver this Notice, with all items completed, to RiteScreen by email to hello@RiteScreen.com. 

X.              Affiliate Marketing; Third Party Websites, Applications, Links, and Resources 

The Platform may contain links to or otherwise interface or connect with third party websites or resources, such social media sites, and payment processors. You acknowledge and agree that RiteScreen is not responsible or liable for (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources.

 AFFILIATE MARKETING DISCLAIMER: The Platform may provide links to certain third-party products and services, which may be affiliate links. If you click on those links and make a purchase from such a third party, we may earn a small commission from that third party. The commission is paid by the third party, not by you, and you will incur no additional cost.

 Links to such websites or resources do not imply any endorsement by RiteScreen of any third-party websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.  

XI.           Limited Product Warranty 

EXCEPT AS EXPRESSLY SET FORTH HEREIN, RITESCREEN MAKES NO WARRANTIES OF ANY KIND AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS LISTED BELOW INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY RITESCREEN AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE. 

This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from State to State. 

ONE YEAR LIMITED WARRANTY 

RiteScreen warrants that the products listed below, if purchased from RiteScreen or an authorized RiteScreen dealer, will be free from defects in workmanship and materials under normal residential use. 

1.               Replacement screen kits

2.               Replacement patio door screens

3.               Factory assembled window screens

4.               Factory assembled patio door screens 

This limited warranty expires until the one-year anniversary of the date on which the product was shipped to you or, if earlier, on the date in which you no longer reside in the first residence in which the product was installed.

The remedies for breach of warranty are (i) replacement of the Product, or (ii) a credit towards purchase of other RiteScreen products. These remedies are the sole and exclusive remedies at law or in equity and are in exhaustion of all other remedies.

WARRANTY SERVICE

To file a warranty claim, the following information is required:

1.               Name, address, and telephone number;

2.               Product model number, color, and finish;

3.               Return of the Product, at your expense, to our factory at the address below or, at RiteScreen's sole discretion, a photograph of the Product;

4.               Complete description of problem;

5.               An explanation of any action by you or others to remedy the problem;

6.               Date of purchase and from whom the Product was purchased;

7.               Proof of purchase (i.e., sales receipt, invoice);

8.               Purchase order, invoice, or original purchaser name;

9.               Any other information that may be reasonably requested by RiteScreen in order to examine your warranty claim. 

Email: hello@ritescreen.com

Mail: RiteScreen, 4314 Route 209, Elizabethville, PA 17023

Customer Support Center: 888-411-1898 (Monday-Friday, 9:00 am – 5:00 pm EST) 

WARRANTY LIMITATIONS 

This limited warranty does not include recovery of amounts resulting from: 

1.               Removing the Product from its final mounting place; reinstalling any replacement Product; property damage or personal injury; normal wear and tear including natural corrosion; or acts of public authorities, acts of terrorism, national emergency, floods, fires, earthquakes, power outages or shortages, tornadoes, acts of God, or by any other similar cause not within the reasonable control of RiteScreen. 

2.               This limited warranty will be voided on: alteration or other modification of the Product; installation or repairs that deviate from the installation manual provided with the Product; improper handling, and maintenance and cleaning, of the Product; or improper installation of the Product. 

XII.         Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM, OR ANY FEATURE OR SERVICE ACCESSED OR OFFERED ON, BY, OR THROUGH THE PLATFORM REMAINS WITH YOU. 

TO THE FULLEST EXTENT PERMITTED BY LAW, RITESCREEN SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OR CLAIMS IN EXCESS OF THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT INVOLVED IN CAUSING SUCH DAMAGES AND CLAIMS. IN NO EVENT SHALL RITESCREEN BE LIABLE TO YOU FOR ANY ADDITIONAL INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME) ARISING FROM ANY CLAIM RELATING DIRECTLY OR INDIRECTLY TO YOUR PURCHASE OF ITS PRODUCTS, WHETHER A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY). EACH PARTY ACKNOWLEDGES AND AGREES THAT PAYMENT BY THE OTHER PARTY OF DIRECT DAMAGES AS LIMITED BY THIS SECTION SHALL BE SUCH PARTY’S SOLE AND EXCLUSIVE REMEDY. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RITESCREEN NOR ITS AGENTS, REPRESENTATIVES, CONTRACTORS, OR AFFILIATES SHALL BE LIABLE TO ANY USER OR GUEST FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT, BUSINESS, OPPORTUNITIES, REVENUES, OR ANTICIPATED SAVINGS (EVEN IF ADVISED OF SUCH POSSIBILITIES), OR DAMAGES FOR BODILY INJURY OR EMOTIONAL DISTRESS IN CONNECTION WITH THE PLATFORM. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, THOSE ARISING OUT OF OR CONNECTED WITH: (I) ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SYSTEM OR ANY SERVICE; (II) PROVISION OR FAILURE TO PROVIDE ANY RITESCREEN SERVICE; (III) ANY INFORMATION, SOFTWARE, PRODUCT, SERVICE, DATA, FILE, CONTENT, OR MATERIALS STORED ON, OBTAINED THROUGH, UPLOADED TO, OR DOWNLOADED FROM THE PLATFORM, OR ANY DAMAGE, CORRUPTION, OR LOSS THEREOF; (IV) THE COST OF PROCURING SUBSTITUTE SERVICES OR CONTENT; OR (V) ANY ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, ANY CONTENT OR MATERIALS. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RITESCREEN EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR RELIANCE UPON ANY CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE (AI), LARGE LANGUAGE MODELS (LLM), OR GEOSPATIAL AI, WHETHER PROVIDED BY RITESCREEN OR THIRD PARTIES THROUGH THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT ANY USE OF OR RELIANCE UPON SUCH AI-GENERATED CONTENT IS AT YOUR SOLE RISK. 

NOTWITHSTANDING THE FOREGOING, IN THE EVENT WE (OR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES, THIRD-PARTY LICENSORS, OR SUPPLIERS) ARE FOUND LIABLE FOR DAMAGES TO ANY USER OR GUEST FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY), THE AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO US BY YOU FOR THE PARTICULAR SERVICES OR PRODUCTS GIVING RISE TO SUCH CLAIM. 

THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. 

XIII.      Indemnification 

You agree to indemnify, defend, and hold RiteScreen and its third-party suppliers or licensors, their business partners, and their respective employees, officers, directors, managers, and representatives (each an “Indemnitee”) harmless from any losses, damages, liabilities, judgments, penalties, fines, costs, and expenses (including attorneys’ fees and court costs) suffered or incurred by any Indemnitee. This indemnification covers any third-party claim, action, suit, or proceeding arising out of or incident to: (i) any User's or other person’s unauthorized use of or access to the Platform, or violation of applicable laws; (ii) Content, including claims involving infringement or misappropriation of third-party rights or the use, development, design, manufacture, production, advertising, promotion, or marketing of User Content; (iii) any breach by User or other person of these Terms, including representations and warranties; or (iv) any act, omission, or misconduct of User or other person using or accessing the Platform. 

We will promptly notify you of any claim subject to indemnification under this Section. However, our failure to provide prompt notice shall not affect your indemnification obligations hereunder, except to the extent that such failure materially prejudices your ability to defend the claim. At our option, you may defend against any such claim(s) with counsel of your choosing (subject to a conflicts assessment) and settle such claim as you deem appropriate. Provided, however, that you (or any person acting on your behalf) may not enter into any settlement without RiteScreen’s prior written consent (which may be conditioned or withheld in our sole discretion). We may, at any time, elect to take over control of the defense and settlement of any claim. 

XIV.      Dispute Resolution 

PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE. THIS SECTION ALSO INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER. 

A.    Agreement to Arbitrate 

You and RiteScreen agree that any dispute, claim, or controversy arising from or relating to the use of Products or these Terms (including their breach, termination, enforcement, interpretation, or validity), or the use of the Platform (collectively, “Disputes”), will be settled by binding arbitration. However, each party retains the right to seek injunctive or other equitable relief (and associated legal relief) in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of its Intellectual Property Rights. You acknowledge and agree that both you and RiteScreen waive the right to a jury trial or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding. Furthermore, unless both you and RiteScreen agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of class or representative proceeding. 

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY HAVE INSTEAD CHOSEN TO HAVE ALL DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. 

B.    Rules and Governing Law 

This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The AAA Rules are available at www.adr.org/Rules. 

C.    Process 

If you intend to seek arbitration, you must first send a written demand for arbitration (“Demand”) by first-class mail, FedEx, or UPS within the applicable statute of limitations, delivered to RiteScreen. The Demand must describe the claim's nature, basis, and specific relief sought. If the parties cannot reach an agreement within 30 days after RiteScreen’s receipt of the Demand, either party may initiate arbitration proceedings. A form to initiate arbitration is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the initiating party must mail a copy to the opposing party at RiteScreen. The arbitrator will be either a retired judge or an attorney licensed in Pennsylvania, selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties cannot agree on an arbitrator within seven (7) days of Demand delivery, the AAA will appoint the arbitrator according to the AAA Rules. 

D.    Location and Procedure 

Unless you and RiteScreen otherwise agree, the arbitration will be conducted in Dauphin County, Pennsylvania, United States.  If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and RiteScreen submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. 

E.    Decision 

The arbitrator will render an award within the timeframe specified in the AAA Rules, including essential findings and conclusions. Judgment on the arbitration award may be entered in any court with jurisdiction. The arbitrator’s award damages must comply with the “Limitation of Liability” section regarding types and amounts of damages. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration shall also be entitled to recover its costs and attorneys’ fees incurred in the arbitration and any action to enforce the award. 

F.     Fees 

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. 

G.   Changes 

Notwithstanding the provisions of the “Modification” section above, if RiteScreen changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of RiteScreen’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and RiteScreen in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). 

XV.         General Provisions 

A.    Notices 

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by RiteScreen (i) via email to the address you provide, or (ii) by posting to the Platform. For notices made by email, the date of receipt will be the transmission date. 

B.    Controlling Law and Jurisdiction 

These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Pennsylvania and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Dauphin County, Pennsylvania, or a United States District Court, Middle District of Pennsylvania, for any actions for which the parties retain the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a party’s Intellectual Property Rights, as set forth in the Dispute Resolution provision. 

C.    Severability 

If any provision of these Terms or its application is held invalid by a competent court, the remainder of these Terms and the application of such provision to other persons, entities, or circumstances shall not be affected. 

D.    Waiver and Enforceability 

RiteScreen's failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement. Any waiver must be in writing to be effective. If an arbitrator or competent court finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions will remain in full force and effect. 

E.    Third Party Beneficiary 

These Terms do not intend to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that payment card networks are third-party beneficiaries of these Terms for enforcing payment-related provisions, but their consent or agreement is not necessary for any changes or modifications. 

F.     Term and Termination 

These Terms are effective upon your access and use of the Platform or any User Feature, as amended by any modifications made by RiteScreen. You may discontinue your use of User Features at any time, for any reason. We may revoke your permission to access the Platform or any User Features at any time, for any reason, with or without notice. We reserve the right to refuse access to the Platform or any User Feature to any User for any reason not prohibited by applicable Law. Either party may terminate the Terms for any reason upon written notice to the other party.

G.   Survival 

Sections I (Definitions), II (Acknowledgments and Disclaimers), IX (Intellectual Property and User License Agreement), XI (Limitation of Liability), XII (Indemnification), XIII (Dispute Resolution), and XIV (General Provisions) shall survive termination of these Terms. 

H.   Entire Agreement 

These Terms constitute the entire and exclusive understanding and agreement between RiteScreen and you regarding the Platform and any Services rendered via the Platform, superseding all prior oral or written understandings or agreements. 

THE PARTIES AGREE THAT ALL PROVISIONS WITHIN THESE TERMS RELATING TO ARTIFICIAL INTELLIGENCE (AI), LARGE LANGUAGE MODELS (LLM), AND GEOSPATIAL AI, INCLUDING PROHIBITIONS ON USE, INTELLECTUAL PROPERTY RIGHTS, AND DISCLAIMERS OF LIABILITY, ARE MATERIAL TO THESE TERMS AND APPLY TO ALL ACCESS AND USE OF THE PLATFORM, SERVICES, AND CONTENT. 

I.      Assignment 

These Terms are not assignable, transferable, or delegable by you, whether by operation of Law or otherwise. Any attempted assignment, transfer, or delegation by you will be null and void. RiteScreen may assign, transfer, or delegate these Terms at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the respective parties, their successors, and permitted assigns. 

J.     How to Contact Us 

If you have any questions regarding these Terms or our privacy practices, you can contact us at:

     Attn:     IT / Privacy Department

     Address:     4314 Rt. 209 Elizabethville, PA 17023

     Telephone:     888-411-1898

     Email:     IT.support@RiteScreen.com

Website Terms of Use

LAST UPDATE: February, 19 2024

THIS WEBSITE IS OWNED AND OPERATED BY THE RITESCREEN COMPANY LLS ("RITESCREEN", "WE", “OUR” AND "US").  ACCESS AND USE OF THIS WEBSITE AND ITS RELATED SERVICES AND WEB PAGES (COLLECTIVELY, THE "SITE") ARE PROVIDED BY RITESCREEN TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING, BROWSING, OR OTHERWISE USING THIS SITE, YOU AGREE TO THESE TERMS OF USE.  IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THIS SITE.

These Terms of Use, the Privacy Policy and all other documents referenced herein govern the relationship between you, the Site visitor (“you” or “your”) and RiteScreen with respect to your use of this Site.  You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms.  You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder, whether on behalf of yourself or any entity that you represent.  

We reserve the right at any time to change: (i) these Terms of Use; (ii) this Site, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through this Site or the hours that they are available; (iii) the equipment, hardware or software required to use and access this Site, and (iv) prices for items available on the Site.  We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site, or any items available on the Site.

Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Site.  Your continued use of this Site after such notice will be deemed acceptance of such changes.  Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.

You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site.  You may only use this Site for lawful purposes and are prohibited from using this Site in a manner that is contrary to or in violation of these Terms of Use.

 

1. JURISDICTION

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms of Use, you may not enter into this agreement or use this Site. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site.  By using this Site, you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed.

We make no—and you acknowledge that we make no—representation that materials on this Site are appropriate or available for use in all locations.  Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other item provided.

2. GENERAL CONDITIONS AND DISCLAIMERS

We reserve the right to refuse service and/or access to the Site to anyone at any time.  

RiteScreen shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Site or the services which make this Site available or electronic communications sent by RiteScreen will be available and free from viruses or any other harmful elements.  

Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk.  You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to item descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right, but are not obligated, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

3. ITEMS AVAILABLE ON THE SITE

Consistent with Section 17 below and the disclaimers therein, you acknowledge that the products and services made available to you through the Site are provided “as-is” and that we make no warranty, and hereby disclaim any and all warranties (whether implied or express), with regard to such products and services.

4. PRIVACY

RiteScreen is committed to respecting the privacy of the personal information of the individuals with whom we interact.  We have developed a Privacy Policy to describe our privacy practices and how we collect, use and disclose the personal information of those individuals who visit this Site.  Please see our Privacy Policy for further information.

5. USER ACCOUNTS AND ACCURACY OF INFORMATION

You acknowledge and agree that you are fully responsible for all activities that occur through the use of any password you are granted upon registering on the Site, products or services, or upon the agreement between you and RiteScreen via another separate written agreement. You agree not to access or attempt to access any password-protected portions of the Site without an authorized password or through any means other than by submitting your authorized password on the appropriate web page or web tools. You are responsible for protecting the products and services that you access. In addition to any obligations set forth in any other applicable agreement between you and RiteScreen, you agree to vigilantly safeguard your username and password as well as the confidential and proprietary information and intellectual property contained within the Site against unauthorized access, misuse, improper disclosure, and/or any other use prohibited by these Terms of Use. You agree to notify us immediately if you are aware of any unauthorized use of your account or any security breach concerning the Site.

All of the information You provide to RiteScreen or that we collect from you in connection with your use of the Site will be governed by these Terms of Use and our Privacy Policy. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your account and your ability to use this Site and, in our sole discretion, to report you to the appropriate authorities.

6. PERSONAL USE ONLY

This Site is only for personal or internal business use.  You may not use this Site in any way that is unlawful, that violates these Terms of Use, or that harms us or any other person or entity, as determined in our sole discretion.

7. USER GENERATED CONTENT

All comments or feedback submitted to us by you through or in association with the Site shall be considered non-confidential and our property. By submitting feedback to us you agree that you hereby perpetually and irrevocably assign to us, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to the feedback and comments you submit (“User Feedback”). RiteScreen shall be free to use such User Feedback in any manner or media whatsoever, on an unrestricted basis and without any compensation or royalties to you. 

We may compile statistical and other information related to the performance, operation and use of the Site (including, without limitation, the products and services therein), in aggregated, anonymized, de-identified form for research and development services (“Benchmarking”). We retain all intellectual property rights and ownership in the Benchmarking, and as a result may exploit the Benchmarking commercially. We may make the Benchmarking publicly available; however, Benchmarking will be retained or processed in a form that could serve to identify you or any individual.

We do not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements of third parties displayed on or transmitted via the Site. Any such content placed on the Site are the views and responsibility of those who post such statements, and do not necessarily represent the views of us.   

8. SMS MARKETING

By consenting to RiteScreen’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at hello@ritescreen.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

9. JOB APPLICANTS

The Site may provide links to, or the ability to apply to, job opportunities posted by RiteScreen and may include instructions on how to apply for those opportunities. With respect to job opportunities posted on the Site, do not send us a resume or any other application materials for any person other than yourself. Your submission of a resume or other application materials does not in any way require us to review those materials or consider you for a position. 

10. USER RESPONSIBILITIES

The Site’s content is prohibited from being copied, reproduced, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, posted, or transmitted in any way, except as may be otherwise explicitly permitted by us in writing. You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Site in any way.

You represent and warrant that: you will perform under these Terms of Use in compliance with all applicable laws and regulations; you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties; and all information you provide in connection with your access to or use of the Site is true, accurate, and complete to the best of your knowledge and belief.

You will NOT, and you will NOT allow any third party to:

1. Use the Site in a manner other than as expressly permitted by these Terms of Use;
2. Use the Site for any purpose or in any manner that is unlawful or prohibited by these Terms of Use, including for any commercial purpose;
3. Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Site;
4. Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Site, or combine the Site or any part thereof with any other computer code, programs, materials, or services;
5. Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, or distribute the Site or any part thereof;
6. Use the Site, including, without limitation, any Site content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights;
7. Commit fraud or falsify information in connection with your use of the Site;
8. Work around any of the technical limitations of the Site or use any tool to enable features or functionalities that are otherwise disabled in the Site;
9. Perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by other users, or impose an unreasonable or disproportionately large load on our infrastructure;
10. Engage in activities that aim to render the Site or associated services inoperable or make their use more difficult;
11. Attempt to disable, damage, overburden, impair or gain unauthorized access to the Site or our servers;
12. Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site (including, without limitation, using spiders, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose;
13. Harvest or otherwise collect or store personal information about other users of the Site, including, for example, email addresses, without the express consent of such users;
14. Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines;
15. Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identify, or hide your true identity; nor
16. Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Site, or attempt to collect personal information about third parties without their knowledge or consent. RiteScreen may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Site, and may terminate these Terms of Use, including, without limitation, if you breach these Terms of Use or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.

11. CODE OF CONDUCT

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of RiteScreen's computer systems, or perform functions that you are not authorized to perform pursuant to these Terms of Use.  While using this Site you agree to comply with all applicable laws, rules, and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander, or defamation).  You shall not interfere with or disrupt the Site, our servers or our networks, or take any action that imposes unreasonably or disproportionately large load on our infrastructure.

12. COPYRIGHT INFRINGEMENT

If you know or suspect that any of the materials on the Site have been used or copied in a way that constitutes copyright infringement, please send notice to our designated agent identified below.  According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), your notice must comply with the following requirements:

• A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent or the law; and
• A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows:

LATHAM & WATKINS LLP

650 Town Center Drive | 20th Floor | Costa Mesa, CA 92626-1925

+1.714.755.8042

The preceding information is provided exclusively for notifying us that your copyrighted material may have been infringed.  All other inquiries, such as questions related to items available for purchase on the Site and requests or concerns regarding improper content, will not receive a response through this process.

13. AVAILABILITY

While we endeavor to keep downtime to a minimum, we cannot promise that this Site will be uninterrupted, secure, or error-free.  We reserve the right to interrupt or suspend this Site, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site.

14. CURRENCY OF WEBSITE

RiteScreen updates the information on this Site periodically.  However, RiteScreen cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on this Site.  RiteScreen may revise, supplement or delete information, services and/or the resources contained in this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

15. LINKED WEBSITES AND LINKING TO THIS SITE

This Site may provide links to third party websites for your convenience only.  The inclusion of these links does not imply that RiteScreen monitors or endorses these websites or their respective practices.  RiteScreen does not accept any responsibility for such websites.  RiteScreen shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.  These Terms of Use and our Privacy Policy do not apply to your use of any third party websites, so be sure to review any applicable terms and policies of third party sites.

If you operate a website and wish to include a link to the Site: the link must be clearly marked; the link and its use must be in connection with a website of appropriate subject matter; the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with RiteScreen’s names or trademarks; and the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by RiteScreen. We reserve the right to revoke consent to link to the Site at any time in our sole discretion, whether by amending these Terms of Use or through other notice.

16. INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site.  Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.

RiteScreen shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any user materials or other content from this Site.  RiteScreen recommends that you install appropriate anti-virus or other protective software.

17. OWNERSHIP AND OUR MATERIALS

This Site is owned and operated by RiteScreen in conjunction with others pursuant to contractual arrangements.

Unless otherwise specified, all materials appearing on this Site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of RiteScreen and its licensors and/or its suppliers.  Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of RiteScreen or any third party is prohibited and may be prosecuted to the fullest extent of the law. No licenses, express or implied, are granted by RiteScreen to you under any patent, copyright, trademark, trade secret, or other intellectual property right of RiteScreen and all such rights are reserved and retained by RiteScreen. ALL RIGHTS RESERVED. 

RiteScreen may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively " RiteScreen Materials") available to you from this Site, from time to time.  If you download or use RiteScreen Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without RiteScreen's prior written permission, and (iii) shall only be used in compliance these Terms of Use and with any additional license terms accompanying such materials.  RiteScreen does not transfer either the title or the intellectual property rights to the RiteScreen Materials and retains full and complete title to the RiteScreen Materials as well as all intellectual property rights therein.  You agree not to sell, share, redistribute, or reproduce the RiteScreen Materials.  You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled RiteScreen Materials into a human-perceivable form.  RiteScreen or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

All rights not expressly granted herein are reserved by RiteScreen.  Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

This Site, (including its organization and presentation and RiteScreen Materials) is the property of RiteScreen and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

18.  DISCLAIMER OF WARRANTIES

THIS SITE, THE SERVICES RITESCREEN PROVIDES, AND THE RITESCREEN MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE.  RITESCREEN DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES, THE PRODUCTS, OR THE RITESCREEN MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE.  SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

19. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE RITESCREEN MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RITESCREEN OR ANY OF ITS SUPPLIERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE RITESCREEN MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

20. INDEMNIFICATION 

You agree to, upon request, defend, indemnify and hold us harmless from any and all liabilities, claims, losses and expenses, including attorneys' fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Use for which you are responsible; (2) your use of this Site; or (3) your violation, infringement, or misappropriation of the rights of any party, including without limitation, any such party’s intellectual property, proprietary, privacy or other rights of any party.  RiteScreen reserves, and you grant to us, the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of RiteScreen.  This indemnification section will survive any termination or expiration of these Terms of Use.

21. CONTACTING RITESCREEN

If you need to contact us regarding this Site or these Terms of Use, please write us at the RiteScreen Company, LLC, 4314 Route 209, Elizabethville, PA 17023.  You can also contact us via telephone at 1-800-949-4174.

22. ARBITRATION AND CLASS ACTION WAIVER

Arbitration:

By using or purchasing our products or services, you agree that any controversy, claim, action, or dispute between you and RiteScreen arising out of or relating to: (a) these Terms of Use, or the breach thereof; or (b) your access to or use of our website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

a. Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Dauphin County, PA, USA but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Pennsylvania, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

b. Exclusion from Arbitration:

 Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of RiteScreen’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to RiteScreen [BL1] Company, 4314 Route 209, Elizabethville, PA 17023.  Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with RiteScreen. You are responsible for ensuring RiteScreen’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and RiteScreen agree that you may bring or participate in Claims against RiteScreen only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and RiteScreen agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

23. MISCELLANEOUS

These Terms of Use are governed by and construed in accordance with the laws of the State of Pennsylvania [BL2] and the United States of America, without regards to their respective principles of conflicts of law.  You agree to the exclusive personal jurisdiction by the federal and state courts located in the State of Pennsylvania, United States of America, in any matter arising from or related to these Terms of Use and your use of the Site and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Any provisions of these Terms of Use that are intended to survive termination (including, for example, any provisions regarding indemnification and limitation of our liability) will continue in effect beyond any termination of these Terms of Use or of your access to or use of the Site.

These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us.  These Terms of Use are not assignable, transferable or sub-licensable by you except with RiteScreen’s prior written consent.  These Terms of Use provide only for the use of this Site. These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.