Terms & Conditions

PLEASE READ THE FOLLOWING CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AS A USER (AS DEFINED BELOW) (“USER” OR “YOU” OR “YOUR”) AND E.S WINDOWS, LLC (“ES”, OR "WE", "US", OR "OUR"). THESE TERMS OF USE, TOGETHER WITH ALL AMENDMENTS, AND COLLECTIVELY WITH ALL ES RULES AND POLICIES, INCLUDING THE ES PRIVACY POLICY HTTPS://STORE.ESWINDOWS.CO/PRIVACY_POLICY CONSTITUTE THE BINDING LEGAL “AGREEMENT” BETWEEN YOU AND ES REGARDING YOUR ACCESS TO AND USE OF THE ES WEBSITE (“WEBSITE”) AND THE FUNCTIONALITIES AND SERVICES PROVIDED BY ES IN CONNECTION WITH YOUR USE OF THE WEBSITE (“SERVICES,” AND COLLECTIVELY WITH THE WEBSITE, “PLATFORM”). BY ACCESSING OR USING THE PLATFORM, YOU INDICATE THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL TERMS OF THE AGREEMENT.

THE AGREEMENT COVERS IMPORTANT INFORMATION ABOUT THE PLATFORM. THE AGREEMENT INCLUDES INFORMATION ABOUT FUTURE CHANGES TO THE TERMS, LIMITATIONS OF LIABILITY, PRIVACY INFORMATION, AND JURY TRIAL AND CLASS ACTION WAIVERS.

IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY ALL TERMS OF THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE OUR PLATFORM.

Scope and Acceptance

Anyone who accesses or uses any part of the Platform is a “User.” The Agreement sets forth your rights and obligations as a User with respect to your access to and use of the Platform and use of any and all information or data of any kind arising from access to or use of the Platform, including, without limitation, any text, graphics, images, artwork, sound recordings, audio, video, and software.

To access or use any part of the Platform, you must be 18 years of age or older. In this respect, you represent and warrant that you are 18 years of age or older, and that your use of the Platform shall not violate any applicable law or regulation. If you are accessing or using any part of the Platform on behalf of any business, organization, or other entity of any kind, you also represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.

We reserve the right, in our sole discretion, to change this Agreement (including the Privacy Policy) from time to time, without prior notice. If there are material changes to this Agreement, we will notify you by posting a notice of such changes on the Platform prior to implementing the change. You are responsible for reviewing the Agreement regularly. Your access to any part of the Platform is deemed to be your acceptance of this Agreement, and any changes thereto.

Please see our Privacy Policy https://parts-beta.ESwindows.co/privacy_policy for a detailed description of how we collect, use, and disclose information about Users.

Description of Platform

ES is the provider of the Platform, which permits Users to learn about the Platform and certain products and/or services of ES or its affiliates (“Products”). Certain features and functionality of the Platform, including Product ordering, may require a registered User account (“Account”) with ES on the Platform.

The specific features and functionality of the Platform are dynamic and may change from time to time. We reserve complete discretion with respect to the operation of the Platform. We also reserve the right to withdraw, suspend, or discontinue any feature or functionality of the Platform at any time.

Registration Account

By applying for an Account, you represent and warrant that all information you submit to us upon registration and at all other times is truthful, accurate, current, and complete, and you agree to keep this information accurate and up to date at all times. In particular, you must keep your e-mail address up to date because e-mail is the primary means in which we will communicate with you about your Account and your orders.

Once you apply for an Account, ES shall have the right to decide, based upon the information that you provide to it, whether or not you will be approved for an Account. You further acknowledge that you are not guaranteed to be accepted as a registered User for the Service and your registration application may be rejected by ES in its sole discretion.

When you complete a registration application, you may be asked to provide a password. Your password will be needed in order for you to gain access to your Account. Your Account is for your own personal use. In this respect, you shall not disclose your password to any third-party, or permit any third-party to access your Account. You may not sell or otherwise transfer your profile for your Account.

Because you will be responsible for all of the activities that occur with respect to your Account, we ask that you keep your password confidential. YOU ARE SOLELY RESPONSIBLE FOR ALL PRODUCTS ORDERED AND ALL CONTENT PUBLISHED OR DISPLAYED THROUGH YOUR ACCOUNT. You must notify ES immediately of any unauthorized use of your password, or if you know or believe your password is no longer confidential. We reserve the right to require you to change your password if we believe that your password is no longer secure.

Fees and Sales Terms

Certain Products may be offered for purchase through the Platform, and subject to fees and/or subject to additional terms of sale. We will make commercially reasonable efforts to display and explain all applicable fees and payments and additional terms. Our current terms of sale for Products are published here https://parts-beta.eswindows.co/terms_of_sale. The terms of sale may change at any time and from time to time in our sole discretion.

Permitted Use and Restrictions

Certain ES materials provided through the Platform are protected by intellectual property laws, including but not limited to U.S. copyright laws. You acknowledge and agree that the content accessible through the Platform that is not provided by or on behalf of another User is the property of ES and its content providers, and ES and its content providers retain all right, title, and interest in the content.

Subject to the Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Platform and related materials solely for your own non-commercial use. Except as expressly provided, all rights are reserved. Nothing contained in the Agreement or on the Platform shall be construed as conferring by implication, estoppel or otherwise any license or right not expressly granted by ES.

Except as expressly permitted by the Agreement, in connection with the use of the Platform, you may not:

alter or modify the Platform, or make any electronic reproduction, adaptation, distribution, performance, or display of the Platform, or any portion thereof, except as permitted by the functionality of the Platform in the normal course of using the Platform for its intended purpose; or
sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Platform, or related materials; or
remove or modify any proprietary notice or labels on the Platform, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or
use the Platform for any non-authorized purpose or any illegal purpose; or
copy, modify, erase, or damage any information contained on computer servers used or controlled by ES or any third party, except as permitted by the functionality of the Platform in the normal course of using the Platform for its intended purpose; or
use the Platform to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or
access or use any password-protected, secure, or non-public areas of the Platform not intended for you, except as specifically authorized by ES; or
impersonate or misrepresent your affiliation with any person or entity; or
use any automated means to access or use the Platform, including scripts, bots, scrapers, data miners, or similar software, or display the Platform, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or
attempt to or actually disrupt, impair, or interfere with the Platform, or any information, data, or materials posted and/or displayed by ES; or
attempt to probe, scan, or test the vulnerability of the Platform or breach any implemented security or authentication measures, regardless of your motives or intent; or
attempt to interfere with or disrupt access to or use of the Platform by any other user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code; or
post any content to the Platform that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity, including, e.g., illicit drug use or underage drinking; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to the Agreement.

Third Party Properties

The Platform may refer to websites on the Internet, online services with which the Platform interoperates, physical venues, geographic sites, and/or other locations, products, or services that are not under the control of or maintained by ES (“Third Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by ES of any such Third-Party Properties. You acknowledge that ES is providing any references to such Third-Party Properties to you solely as a convenience to you, and you agree that ES is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. ES does not endorse or make any representations about any Third-Party Properties. If you access, visit, or use any Third-Party Properties referred to on our Platform, you do so at your own risk.

Availability of the Platform

It is not possible to operate our Platform with 100% guaranteed uptime. ES will make reasonable efforts to keep our Platform operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Platform. You agree that ES shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Platform.

Inaccuracies

We make great efforts to provide accurate information on the Platform. However, we disclaim—and you release us from any liability regarding—errors, inaccuracies, and omissions of the Platform. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. ES makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data available through the Platform. If you believe any portion of the Platform includes an error or inaccuracy, please notify us.

Disclaimers

THE PLATFORM IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. EXCEPT FOR THOSE WARRANTIES MADE AND EXPRESSLY IDENTIFIED AS WARRANTIES BY ES , ES DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE PLATFORM; (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE PLATFORM; AND (C) THE ACTS OR OMISSIONS OF USERS OR VENDORS THROUGH THE PLATFORM, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. ES MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE PLATFORM ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. ES ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability and Release

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT, IN NO EVENT SHALL ES OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, MEMBERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), NOR FOR ANY DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS TO, USE OF, OR INABILITY TO USE THE PLATFORM OR RELATING TO ANY MATERIALS, INFORMATION, QUALIFICATION, OR RECOMMENDATIONS ON THE PLATFORM, EVEN IF ES OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Despite the foregoing limitation of liability for damages, if a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall not exceed one hundred U.S. dollars ($100).

Indemnity

YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND, AT ES’ ELECTION, DEFEND ES , ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE PARTNERS, MEMBERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNEES FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY VIOLATION OF THE AGREEMENT AND/OR ANY ACTIVITY RELATED TO USE OF THE PLATFORM BY YOU OR ANY PERSON USING YOUR ACCOUNT.

Termination

You agree that ES may, in its sole discretion and without prior notice, terminate the Agreement with you or your access to or use of any of the Platform or any part of the Platform, at any time and for any reason, with or without cause. You may terminate the Agreement at any time by sending an email to ES or by deleting your Account, which can be done through the 'Contact Us' form or by emailing websupport@eswindows.com

If (a) you breach the Agreement or any part of the Agreement, (b) you violate applicable laws, rules, regulations, contracts, or third-party rights, or (c) ES believes it is reasonably necessary to protect ES , its Users, or third parties; ES may, with or without prior notice: (i) suspend or limit your access to or use of the Platform and/or your Account; or (ii) suspend or revoke any special status associated with your account. For minor violations or where otherwise appropriate as ES determines in its sole discretion, you may be given notice of any intended measure by ES and an opportunity to resolve the issue. ES may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above.

You agree that any breach by you of the Agreement may constitute an unlawful and unfair business practice that will cause irreparable harm to ES for which monetary damages would be inadequate. You consent to ES ’s obtaining any injunctive or equitable relief that ES deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies ES may have at law or in equity.

When this Agreement has been terminated, you are not entitled to a restoration of your Account or any content or data generated by you in connection with your use of the Platform. If your access to or use of the Platform has been limited, or your Account has been suspended, or this Agreement has been terminated by us, you may not register a new account or access or use the Platform through an account of another User. Any pending orders will continue as scheduled, but you will no longer be able to place further orders through the Platform.

Those provisions of the Agreement that by their nature survive termination shall survive termination of this Agreement.

Notice of Electronic Communications

Unless specified otherwise, any notices or other communications to you under this Agreement or about ES or the Platform may be made electronically by ES via email, a Platform notification, or any other communication method we enable and you provide. You will receive administrative communications from us using the email address or other contact information you provide for your ES Account. You may also receive promotional emails from us. You consent to ES ’s communicating with you by any means for which you provide contact information.

Modifications

At any time and in ES ’s sole discretion, we may add, delete, or modify the Agreement. We will use commercially reasonable efforts to publish any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions at this URL. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing and using the Platform. All changes to the Agreement shall be effective immediately.

To the extent of any conflict or ambiguity between these Terms of Use, any ES Policies or any other terms and conditions as posted on the Platform, the order of precedent for Users shall be: particular agreements between the parties; Terms of Sale; ES Privacy Policy and this Terms of Use, and each of the aforementioned parts shall govern in such order, but solely to the extent of any conflict or ambiguity.

Applicable Law and Dispute Resolution

Applicable Law and Jurisdiction

Dispute Resolution

ES intends to resolve any and all disputes that may arise among it and its Users in a cost-effective and non-disruptive manner.

You agree to the following dispute resolution procedure for disputes arising between you and ES. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to ES in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. ES shall respond within ten (10) business days with identical information from its perspective. You and a representative of ES shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and ES mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and ES fail to resolve the matter, either party may seek to resolve the dispute through additional mediation, arbitration, litigation, or any other available forum.

CLASS ACTION WAIVER AND WAIVER OF JURY TRIAL

ES intends to resolve any and all disputes that may arise among it and its Users in a cost-effective and non-disruptive manner.

YOU AGREE THAT YOU WILL NOT BRING OR BE A PARTY TO ANY CLASS ACTION LAWSUIT AGAINST ES . YOU ALSO AGREE THAT ANY SUIT, ACTION, DISPUTE OR PROCEEDING, WHETHER BY CLAIM OR COUNTERCLAIM, INVOLVING THIS AGREEMENT IN ANY WAY SHALL BE TRIED WITHOUT A JURY. EACH PARTY AGREES AND UNDERSTANDS IT IS GIVING UP THEIR RIGHT TO A JURY TRIAL AND, IF APPLICABLE, ANY RIGHTS THEY MAY HAVE TO BRING ANY CLAIMS ON A CLASS, REPRESENTATIVE, CONSOLIDATED OR MASS ACTION BASIS.

General

Access and Use Where Prohibited

Access to and use of our Platform are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this provision.

Operation of the Platform

By accessing and using the Platform, you acknowledge and agree that ES may control and operate the Platform, in whole or in part, from the United States of America and/or a country other than the United States of America, and the information contained on and Services provided through the Platform, are intended for use by Users located in the United States of America. Other countries may have laws and regulatory requirements that differ from those in the United State of America. Unless expressly stated to the contrary, ES makes no representation that the Platform, or the information contained on the Platform, is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all material and content found on or accessible through the Platform is solely directed to individuals, companies, or other entities located in the United States of America. ES reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Platform is void where prohibited. If you access or use the Platform from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of the Platform in violation of applicable export laws and regulations.

If you access the Platform from outside the United States, you acknowledge and agree that your information may be transferred to and maintained on computers and servers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to the Agreement followed by your submission of such information represents your agreement to the transfer of such information to the United States and/or to other countries where ES may operate the Platform from and to the collection, use, and disclosure of your information in accordance with United States law and our Privacy Policy.

Force Majeure

In the event ES ’s performance of this Agreement, or any obligation hereunder, is prevented, restricted, or interfered with by reason of acts of God or of the public enemy, acts of a government in its sovereign capacity, fires, floods, epidemic, strikes, picketing or boycotts, or any other circumstances caused by natural occurrences or third party actions beyond the reasonable control and without the fault or negligence of ES , ES shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction or interference.

Assignment

You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by ES. Any purported assignment lacking such consent will be void at its inception. ES may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on the Platform.

Severability

If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Non-waiver

No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.

Comments

If you have any comments or questions about the Platform, please contact us at: websupport@eswindows.com. You may also contact our Customer Services Department at (786)-807-0626.