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
Business Policies of ExteriorSolutions.com, as they are revised from time
to time. Business Policies include but are not limited to those found
terms and conditions, please do not use this site.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).