Terms & Conditions
1. Acceptance of Terms and Conditions
Welcome to the windmar.com website (onwards "the Site"). By using our Site, you acknowledge that you have read, understood and agree to these Terms and Conditions of Use (hereafter "Terms and Conditions").
2. Modifications to the Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time without notice. Modifications will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of any changes constitutes your acceptance of such changes.
3. Use of the Site
3.1. Eligibility
To use the Site, the user must be at the age of majority or have the authorization of a legal guardian.
3.2. User conduct
You agree to use the Site only for personal use and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the Site. Prohibited actions include, but are not limited to:
- Posting offensive, defamatory, or illegal content.
- Using the Site to send spam or unsolicited communications.
- Attempting to gain unauthorized access to computer systems or networks connected to the Site.
- Transmit computer viruses or other malicious code.
4. Intellectual Property - Copyright
All content on the Site, including but not limited to text, graphics, logos, icons, images, audio, video, URLs, metadata, software and other material on the Site is the property of WINDMAR HOME or its licensors and is protected by intellectual property laws. Reproduction, distribution, modification, creation of derivative works and/or derivative works, or exploitation in any manner of the content, whether by analog or digital means, including but not limited to use on artificial intelligence platforms, without the express prior written consent of WINDMAR HOME or its licensors, through WINDMAR HOME, is expressly prohibited.
5. User Participation
5.1. Contests and Events
Any contests, events or sweepstakes conducted by WINDMAR HOME are subject to their own Terms and Conditions, which will be promptly posted and/or made available to WINDMAR HOME's participants and clientele. WINDMAR HOME expressly disclaims any liability for any damages of any kind related to participation in events organized by WINDMAR HOME and assumes no responsibility for events conducted by third parties offering products or services on behalf of WINDMAR HOME. Participation in events conducted and/or promoted by WINDMAR HOME is at the sole discretion and discretion of the participant and is done so freely and voluntarily. The guidelines on user participation are:
- Participating users must be 18 years of age or older; minors under 18 must provide express written authorization from their parent or legal guardian.
- Participating users must fully comply with all requirements expressed in the Terms and Conditions of each contest, event or sweepstakes held.
- WINDMAR HOME reserves the right to disqualify anyone that does not comply with these rules or that it deems inappropriate.
- By entering our contests, events or sweepstakes, you grant WINDMAR HOME a non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, and display your entry in any media and for any purpose related to the event or contest, subject to your acceptance of the Privacy Policy.
5.2. Participation areas
The User, who certifies and guarantees to be at the age of majority, is responsible for his/her participation in forums, chats, comments, and other areas of the Site and its associated digital channels. The opinions and behaviors of users are the sole responsibility of those who issue them, and WINDMAR HOME is not responsible for the consequences of such conduct, nor do they necessarily represent the thoughts and opinions of WINDMAR HOME. Users should follow the recommendations of the Site for proper coexistence.
WINDMAR HOME reserves the right to design, modify or eliminate the areas of participation and to determine the number of participants allowed in each. Similarly, WINDMAR HOME may take corrective measures, including the removal of comments, suspension or expulsion of users who violate the rules of conduct. WINDMAR HOME will not tolerate behavior that is offensive, defamatory, discriminatory, illegal, violates the rights of third parties and/or any comments that in any way affect the proper functioning of the Spaces and/or the user community.
6. Links to Third - Party Sites
The Site may contain links to third party Web sites. These links are provided for your convenience only and do not imply any endorsement of or responsibility for the content of such sites. Your access and use of Third-Party Sites is at your own risk.
7. Limitation of Liability
The Site and its contents are provided on an “as is” and “as available” basis. WINDMAR HOME makes no warranties of any kind, either express or implied, about the operation of the Site or the information, content, materials or products included on the Site. To the fullest extent permitted by law, WINDMAR HOME shall not be liable for any damages arising from the use of the Site.
8. Indemnification
You agree to indemnify WINDMAR HOME, its directors, employees, agents and affiliates from any claim, demand, loss, liability, expense or damage, including reasonable attorneys' fees, arising out of your improper use of the Site or your violation of these Terms and Conditions.
9. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico and the United States, both state and federal, as applicable. Any dispute arising in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Court of First Instance of Puerto Rico, San Juan division, or the appropriate federal or state court in the United States, as applicable. In the event of a conflict, the relevant legal provisions shall apply to determine the applicable jurisdiction.
10. Privacy
Use of the Site is also subject to our Privacy Policy, which is incorporated into these Terms and Conditions by reference. We encourage you to review our Privacy Policy to understand our information collection, use and disclosure practices.
11. Contact
If you have any questions about these Terms and Conditions, please contact us by e-mail at customerservice@windmarhome.com.