Website Terms of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This agreement ("Agreement") contains the terms and conditions for the use of the E.S. Trade Company, Inc. ("ExteriorSolutions.com") Internet Site. As used in this Agreement, "we", "us", or "our" refers to E.S. Trade Company, Inc. "you" or "your" refers to the individual or entity using the Internet Site, and "Internet Site" refers to all viewable pages including page headers, custom graphics, button icons, links, and text, underlying program code, database content, products and accompanying services and documentation. By accessing, browsing and/or using this Internet Site, you acknowledge that you have read, understood, and do agree to be bound by these terms and conditions and comply with all applicable laws and regulations, including U.S. and International laws and regulations. By using the site and agreeing to the Terms of Use you also agree to the Business Policies of ExteriorSolutions.com, as they are revised from time to time. Business Policies include but are not limited to those found in our return policy and privacy policy. If you do not agree to these terms and conditions, please do not use this site.
Right of Usage (Revocable License)
We grant to you a limited, non-exclusive, non-transferable, revocable license to use the Internet Site for the purpose of managing your purchasing process, including viewing, requesting, approving and ordering products on behalf of yourself or your company. As a Licensee of the Internet Site, you may not rent, lease, grant a security interest in, or otherwise transfer any rights you have in the use of this Internet Site. You further are not authorized to resell the purchase management and processing services of this Internet Site.
Prohibition Against Reverse Engineering
Under the foregoing license, you are prohibited from translating, decompiling, disassembling or reverse engineering or otherwise attempting to derive the source code for the operation of the Internet Site or creating derivative architecture based on the Internet Site or parts of the Internet Site. For purposes of this Agreement, "reverse engineering" shall mean the examination or analysis of the Internet Site software to determine its source code, structure, organization, and internal design, algorithms or program devices.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of E.S. Trade Company, Inc. The collective work includes works that are licensed to E.S. Trade Company, Inc. Copyright 2009, E.S. Trade Company, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with E.S. Trade Company, Inc. or purchasing E.S. Trade Company, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with E.S. Trade Company, Inc. or to purchase E.S. Trade Company, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by E.S. Trade Company, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of E.S. Trade Company, Inc. used in the site are trademarks or registered trademarks of E.S. Trade Company, Inc. All other copyrights and trademarks not owned by E.S. Trade Company, Inc. are property of their respective owners.
Warranty Disclaimer
This site and the materials and information on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, E.S. Trade Company, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. E.S. Trade Company, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. E.S. Trade Company, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
E.S. Trade Company, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on this site or the performance of the products, even if E.S. Trade Company, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Order Acceptance
While we will use our best efforts to fulfill all orders, E.S. Trade Company, Inc. cannot guarantee the availability of any particular product displayed on this Site. We reserve the right to accept or decline any order for any or no reason. Risk of any loss or damage to products you order from us shall transfer to you upon delivery of such products to you. Title to these items shall pass to you only upon full payment of the total price for such items.
Typographical Errors
In the event that a E.S. Trade Company, Inc. product is mistakenly listed at an incorrect price, E.S. Trade Company, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. E.S. Trade Company, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, E.S. Trade Company, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated or changed by E.S. Trade Company, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
E.S. Trade Company, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to E.S. Trade Company, Inc.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Illinois, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of E.S. Trade Company, Inc. products) shall be in the state or federal courts located in Kane County, Illinois. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of E.S. Trade Company, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. E.S. Trade Company's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. E.S. Trade Company, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a E.S. Trade Company, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
E.S. Trade Company, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, E.S. Trade Company, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, E.S. Trade Company, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to E.S. Trade Company, Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless E.S. Trade Company, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, E.S. Trade Company, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with E.S. Trade Company, Inc., E.S. Trade Company, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of E.S. Trade Company, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, E.S. Trade Company, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).