Terms & Conditions
Parties to this Agreement
This Agreement consists of the following terms and conditions (hereinafter, the “General Terms”) and the terms and conditions, if any, specific to the use of the individual Services (hereinafter, the “Specific Terms of Service”). The General Terms and the specific Terms of Service are collectively referred to as the “Terms”. In case of conflict between the General Terms and the specific Terms of Service, the specific Terms of Service shall prevail.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree with the General Terms, do not use any of our Services. If you accept the General Terms and do not accept the specific Terms of Service, do not use the corresponding service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or using the Services.
We provide products for corrosion protection of HVAC units and industrial equipment and intend to use our online sites to improve our business and customers’ relations processes as well as our customer service. You may use the Services for your personal and commercial use or for internal business purposes in the organization you represent. You can connect to the Services using any Internet browser compatible with the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can contact us, request additional information, or send general inquiries.
Modification of the Terms of Service
We can modify the Terms by notification at any time through a service announcement or by sending an email to your primary email address. If you are subscribed to any of our services and we make significant changes to the Terms that affect your rights, you will be sent a notice at least 30 days in advance of the changes by email to your primary email address. You may terminate your use of any Services provided by this website by sending a notice to CES by email within 30 days after notification of the availability of the modified Terms if these are modified in a manner that substantially affects your rights in connection with the use of the Terms.
User Registration Obligations
In order to get registered, obtain an account and start using our products and online services, you must provide us with all of the required information. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you and all other users in your organization register with the user accounts by providing their corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about you as requested by the registration process; and b) maintain and update quickly the information
provided during the registration so that it is accurate, current and complete. If you provide false, inaccurate, outdated or incomplete information, or if
CES has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, CES may cancel your user account
and reject your current or future use of any or all of the Services.
Organization of accounts and administrators
When we register an account for your organization, you can specify who the user or users shall be. All accounts and users are created and administered by a CES member and users will have access to features they are subscribed to.
You are responsible for i) ensuring the confidentiality of your organization’s account password, ii) designating competent people as users to your organization’s account, and iii) ensuring that all activities carried out in connection with the account of your organization comply with this Agreement.
You are responsible for taking the necessary steps to ensure that your organization does not lose control of users accounts. You can specify a process to follow to regain control in case you lose control of user accounts by sending an email to email@example.com , as long as the process is acceptable to CES. In the absence of a specific user account recovery process, CES can provide control of an user account to an individual who provides satisfactory evidence for CES to demonstrate its authorization to act on behalf of the organization. You agree not to hold CES responsible for the consequences of any action taken by CES in good faith in this regard.
Personal information and privacy
Caribbean Energy Solutions LLC Communications
The Service or products may include certain communications from CES, such as service announcements or administrative messages. You understand that these communications will be considered part of the use of the Services and / or products. You cannot choose not to receive service announcements and administrative messages.
If we receive a complaint from any person against you regarding your activities as part of the use of the Products and / or Services, we will send the complaint to the main email address of your user account. You must respond to the claimant directly within 10 days of receiving the complaint we sent to you and copy CES in the communication. If you do not respond to the claimant within 10 days of the date of our email, we may disclose your name and contact information to the claimant so that the claimant may take legal action against you. You understand that your failure to respond to the complaint within the 10-day time limit will be construed as your consent to the disclosure of your name and contact information by CES to the complainer.
Restrictions on use
In addition to all other terms and conditions of this Agreement, you must not: (i) transfer the Services or make them available to third parties; (ii) provide any service based on the Services without prior written permission; (iii) use the links of third parties to sites without accepting the terms and conditions of its website; (iv) post links to third-party sites or use your logo, company name, etc. without your prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining the consent of such person or entity; (vi) use the Services in any way that may damage, disable, overburden, damage or damage any server, network, computer system or CES resource; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to deceive any person as to the identity or origin of any
Spamming and illegal activities
You agree to be solely responsible for the content of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of illegal, defamatory, harassing, invasive of another person’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material, offending religious, feelings, promote racism, contain viruses or malicious codes, or that which infringes or may infringe the intellectual property or other rights of another person. You agree not to use the Services for the transmission of “spam,” “junk mail,” “chain letters,” “phishing,” or mass distribution of unsolicited e-mail. We reserve the right to suspend your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive user account policy
We reserve the right to cancel user accounts that are inactive for a continuous period of 120 days. In the case of such termination, all data associated with said user account will be deleted. We will send you a prior notice of such termination and the option of making a backup copy of your data. The data deletion policy can be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service in order to calculate the period of inactivity. In other words, the activity in one of the Services is not sufficient to keep your user account active in another Service. In the case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless you specifically allow it, your use of the Services does not grant CES the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for commercial purposes, marketing or similar. But you grant CES permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account only as required by the purpose of providing the Services.
User generated content
You may upload content created by you, such as unit submittals or POs, using any of the Services or otherwise. However, you will be solely responsible for said content and the consequences of its transmission. You are responsible for making sure that no private content is publicly available. Any content that you may receive from other users of the Services, is provided AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, display, sell, license or otherwise, exploit said content for any purpose, without the express written consent of the person who owns the rights to said content. In the course of using any of the Services, if you encounter any content with a copyright notice (s) or a copy protection function, you agree not to delete that copyright notice or to disable such copy protection function as the case may be.
Disclaimer of guarantees
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS TO BE USED RESPONSIBLY BY YOU. THE SERVICES ARE PROVIDED AS IS AND ARE AVAILABLE. CES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CES MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES WILL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM CES, ITS EMPLOYEES OR REPRESENTATIVES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of liability
YOU AGREE THAT YOU WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY LOSS OR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES OR LOSS OF BUSINESS PROFITS, COMMERCIAL INTERRUPTION, LACK OF COMPUTATION, LACK OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY USE OR INABILITY TO USE THE SERVICE, EVEN IF CES HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CES BE LIABLE TO YOU FOR ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE RATES PAID BY YOU FOR THIS SERVICE.
You agree to indemnify and hold harmless CES, its officers, directors, employees, suppliers and affiliates from and against any loss, damages, fines and expenses (including attorneys’ fees and costs) that arise from or are related to any claim you have, used the Services in violation of the rights of another party, in violation of any law, in violation of any provision of the Terms, or any other claim related to your use of the Products or Services provided, except when CES authorizes such use.
Any controversy or claim arising out of or relating to the Terms will be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim of this type will be arbitrated individually and will not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the referee will be final and unappealable. The arbitration shall be conducted in Puerto Rico and the ruling on the arbitration award may be entered in any court that has jurisdiction over it. In spite of the contrary, CES can request at any time precautionary measures or other forms of equitable relief before any court of competent jurisdiction.
Suspension and Termination
We may suspend your user account, temporarily disable access or discontinue service to all or part of any Service in case of suspected illegal activity, prolonged periods of inactivity or requests by the police or other government agencies. Objections to the suspension or deactivation of user accounts must be made to firstname.lastname@example.org within thirty days of notification of the suspension. We can cancel a user account suspended or disabled after thirty days. We will also cancel your user account on your request.
In addition, we reserve the right to cancel your user account and deny the Services if we believe that you have violated the Terms. You have the right to cancel your user account if CES breaches your obligations under these Terms and, in such case, you will be entitled to a pro-rated refund of any prepaid fees. The termination of the user account and / or service will include the denial of access to all Services, the deletion of information in your user account, such as your email address and password, and the deletion of all data in your user account.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please contact us at email@example.com