Welcome to Whittemore-Durgin Glass Company. By using this Whittemore-Durgin Glass Company website, a service of Whittemore-Durgin, Inc., you agree to the following terms and conditions.
Liability
IN NO EVENT SHALL WHITTEMORE-DURGIN GLASS COMPANY, AND (AS APPLICABLE) WHITTEMORE-DURGIN GLASS COMPANY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR WHITTEMORE-DURGIN GLASS COMPANY'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, WHITTEMORE-DURGIN GLASS COMPANY'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. WHITTEMORE-DURGIN GLASS COMPANY'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF WHITTEMORE-DURGIN GLASS COMPANY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO WHITTEMORE-DURGIN GLASS COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD WHITTEMORE-DURGIN GLASS COMPANY AND (AS APPLICABLE) WHITTEMORE-DURGIN GLASS COMPANY'S SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.