Terms of use

LAST MODIFIED: July 20, 2022

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1. Acceptance of the Terms of Use

These Terms of Use are entered into by and between You (“Customer”, “Owner,” “User”) and Expert Glassworks (“Expert Glassworks”, “us” or “we”). The following terms and conditions and any other general documents govern your acceptance of services provided by Expert Glassworks (collectively, the “Services”) regardless of how you access or use it.

Please read the Terms of Use carefully before you start use of our Services.

BY USING OUR SERVICES YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE, FOUND ON OUR WEBSITE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT REQUEST THE SERVICES.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. Unless we state otherwise, all changes are effective upon notice and apply to all access to and use of the Services thereafter. However, any changes to the provisions set forth in Governing Law and Jurisdiction (section 13 below) will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Services.

Your continued use of the Services following posting of revised Terms of Use means that you accept and agree to the changes.

3. Your Privacy

By using the Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

4. Accessing and Using the Services

We reserve the right to withdraw or amend the Services at our sole discretion without notice. We will not be liable if for any reason all or any part of the Services or Service Content is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services or Service Content.

5. Fees and Payment; No Refunds

Expert Glassworks offers several different purchase options for use of the Services. You may pay for the Services by credit card or personal check or cash. You represent and warrant to Expert Glassworks that any payment information you provide to Expert Glassworks is true and correct that you are authorized to use such payment account. You agree to promptly update your account information with any changes that maybe necessary (for example, a change in your billing address or credit card expiration date).

FEES PAID BY YOU ARE NON-REFUNDABLE. However, from time to time and in our sole discretion, we may choose to provide to you with a one-time refund, discount, or other consideration (“credit”). The provision of a credit to you in one instance does not entitle you to a credit in the future for a similar instance, nor does it obligate us to provide credits in the future, under any circumstance. If you have a question about our refund policy, contact Expert Glassworks. (See Notices to Us and Your Comments and Concerns below in Section 18)

NONPAYMENT : In the event that customer does not pay fees due within 5 business dates after acceptance of services, than a late fee of $50 or 5% of outstanding balance, which ever is greater will be applied. If after 30 days of acceptance of services, than Expert Glassworks finds its necessary to pursue collections for any outstanding balances. The customer shall be responsible and pay for any Expert Glasswork’s reasonable collections costs and legal fees.

CANCELLATIONS.  In the case of prepaid services, a cancellation fee, plus applicable taxes, may be charged if the service is cancelled in full. You will be refunded your original payment amount minus the cancellation fee. Any partial cancellation of prepaid services will be refunded to your credit card after the remaining service has been performed.

You may reschedule service at any time without incurring any cancellation fee.

6. Monitoring and Enforcement; Termination

We have the right to:

• Disclose your identity or other information about you to any third party who claims that material posted by you through or in connection with your use of the Services is defamatory or otherwise violates their rights, including their intellectual property rights or their right to privacy.

• Disclose your identity or other information about you to any third party who claims that any act or omission attributable to you violates its rights, applicable law, or these Terms of Use.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these

Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services or otherwise in any way related to your use of the Services. YOU WAIVE AND HOLD HARMLESS EXPERT GLASSWORKS AND ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

7. Changes to the Services

We may update the Service Content from time to time, but the Service Content is not necessarily complete or up-to-date. Accordingly, any of the Service Content may be out of date at any given time, and we are under no obligation to update such material.

8. Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

9. Geographic Restrictions

The owner of the Services is based in the state of Florida in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

10. Disclaimer of Warranties

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE EXPERT GLASSWORKS IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH EXPERT GLASSWORKDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EXPERT GLASSWORKS NOR ANY PERSON ASSOCIATED WITH EXPERT GLASSWORKS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY. WITHOUT LIMITING THE FOREGOING, NEITHER EXPERT GLASSWORKS NOR ANYONE ASSOCIATED WITH EXPERT GLASSWORKS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO USER CONTRIBUTIONS PROVIDED BY YOU.

EXPERT GLASSWORKS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Limitation on Liability

IN NO EVENT WILL EXPERT GLASSWORKS, ITS AFFILIATES, BUSINESS PARTNERS, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, SERVICE CONTENT, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL EXPERT GLASSWORK’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES EXCEED THE GREATER OF (1) THE AMOUNT YOU HAVE PAID TO EXPERT GLASSWORKS IN THE LAST TWELVE (12) MONTHS; OR (2) FIVE-HUNDRED DOLLARS ($500 U.S.).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnification and Release

You agree to indemnify and hold harmless Expert Glassworks and its and respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of any information obtained from the Services.

13. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the state or federal courts of Florida although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state or country of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.

15. No Assignment; Waiver and Severability

You may not assign these Terms of Use without Expert Glasswork’s prior written consent and any purported assignment in violation of these Terms of Use shall be void.

No waiver of by Expert Glassworks of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Expert Glassworks to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

16. Entire Agreement

The Terms of Use (including our Privacy Policy and any other Additional Terms incorporated by reference) constitute the sole and entire agreement between you and Expert Glassworks with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

17. Notices to You

We may provide notice to you either by posting on our Website, sending a general notice to you through the Services, notifying you by email, or by sending you notice through first-class or regular mail. Unless our notice to you states otherwise, such notices shall be deemed to have been given (a) twenty-four (24) hours after such notice is posted on our website, sent by email, or sent through the Services, or (b) forty-eight (48) hours after mailed (if sent by first class regular mail).

18. Notices to Us and Your Comments and Concerns

All legal notices to Expert Glassworks should be sent by certified or registered mail, return receipt requested, postage prepaid to the following address

Expert Glassworks LLC.

Attn. Customer Care

2947 Gerona Dr W, Jacksonville, 32246 Florida 

Such notice shall be effective upon receipt by us.