TERMS AND CONDITIONS OF USE
These terms and conditions constitute a legally binding agreement between you (the “User”) and ES WINDOWS, LLC (the “Company”) governing the use of this web portal and its content. By completing the registration process and accessing the Content (as defined below), you expressly and unequivocally agree to be bound by these terms and conditions.
Acceptance of Terms. Your access to and use of the services and materials on this portal, particularly the Content, is conditional upon your prior, express, and informed acceptance of these terms and conditions and our Privacy Policy. This acceptance is manifested by actively checking the corresponding box during the registration process. The Company will retain proof of your acceptance.
Scope of Service and User Registration. This portal is designed to provide professional users (developers, builders, dealers, general contractors, architects) with technical product information, including installation guides, technical specifications, official certifications, and restricted technical plans and 3D models (the “Content”). The User is responsible for providing accurate, complete, and current information and for maintaining the confidentiality of their account credentials.
Grant of License for Content. The Company, as the copyright holder, grants the User a non-exclusive license to use the Content. This license is a permission to use and does not constitute a transfer or assignment of intellectual property rights. The Company retains full ownership of all copyrights in the Content. This authorization is granted solely for the purpose of incorporating the Content into the User’s own professional designs, plans, and presentations (“Derivative Content”). Such Derivative Content may only be used to present projects that include the Company’s products to the User’s end clients. This license remains in effect as long as the User maintains an active and compliant account. The Company reserves the right to revoke this license at any time if the User breaches these terms and conditions.
Restrictions. The User is expressly prohibited from:
(i) Distributing, selling, sublicensing, renting, or otherwise transferring the original Content files to any third party;
(ii) Using the Content in any project, design, or presentation that does not specify or feature the Company’s products;
(iii) Making the Content available on the internet or any other mass communication medium where access is not technically controlled, including public websites, file-sharing services, or public repositories;
(iv) Using the Content for any purpose other than that specified in Section 3.
Intellectual Property Rights. All Content, including but not limited to text, graphics, and logos, is the exclusive property of the Company and is protected by copyright law.
Disclaimer and Limitation of Liability. THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER FLORIDA LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, NOR THAT IT WILL MEET YOUR SPECIFIC REQUIREMENTS. USE OF THE CONTENT IS AT THE USER’S SOLE RISK. ARCHITECTURAL AND ENGINEERING DECISIONS SHOULD BE VERIFIED BY A LICENSED PROFESSIONAL IN ACCORDANCE WITH LOCAL FLORIDA BUILDING CODES.
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING FROM THE USE OF OR INABILITY TO USE THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Personal Data Protection. All personal data collected through the registration form will be processed in accordance with our Privacy Policy, which forms an integral part of these terms and conditions. We encourage you to review it carefully to understand how your information is collected, used, and protected.
Modifications and Termination. The Company reserves the right to modify these terms and conditions at any time. The Company may also suspend or terminate a User’s account and access to the Content immediately and without prior notice in the event of any breach of these terms.
Applicable Law and Jurisdiction. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Florida. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Miami-Dade County.
Contact. For any questions or concerns regarding these terms and conditions, please contact: [email protected]
