TERMS OF SERVICE
Last updated: August 22, 2026
1. AGREEMENT TO THESE TERMS
These Terms of Service ("Terms") are a legally binding agreement between you,
whether personally or on behalf of an entity ("you"), and HSW International
Inc., doing business as Hurricane Shutters Wholesale ("HSW," "Company," "we,"
"us," or "our"), governing your access to and use of
https://www.hurricaneshutterswholesale.com and any related media, mobile site,
or application (collectively, the "Site"), and your purchase of any products
from us (the "Products").
By accessing the Site or placing an order, you confirm that you have read,
understood, and agree to be bound by these Terms. IF YOU DO NOT AGREE, DO NOT
USE THE SITE OR PLACE AN ORDER.
We may modify these Terms at any time. We will indicate changes by updating the
"Last updated" date above. Changes apply to orders placed after the date they
are posted. It is your responsibility to review these Terms periodically. The
Terms in effect on the date you place an order govern that order.
The Site is intended for users at least 18 years of age. If you are under 18,
you may not use the Site or place an order.
The Site is not tailored to comply with industry-specific regulations such as
HIPAA, FISMA, or GLBA. If your use would be subject to those laws, you may not
use the Site.
We make no representation that the Site or the Products are appropriate or
available in any particular jurisdiction. Those who access the Site from other
locations do so on their own initiative and are responsible for compliance with
local law.
2. WHO WE ARE, AND WHAT WE DO AND DO NOT DO
HSW sells hurricane and storm protection products and related hardware directly
to homeowners, contractors, builders, and businesses. We are a distributor. We
purchase Products and materials from our suppliers and resell them to you.
Purchases on the Site are made directly from us. The Site is not a marketplace
and does not host third-party sellers.
Products are manufactured by third parties. Where a Product carries a Florida
Product Approval or other approval, that approval is held by the manufacturer,
not by HSW. We do not design, engineer, test, or manufacture the Products, and
we do not control their specifications, materials, tolerances, or production.
Storm panels are cut to your specified length by our supplier. Headers,
footers, and tracks are cut to your specified length at our facility, and are
pre-drilled by us when that option is selected. Cutting and pre-drilling are
performed to the dimensions and options you submit at the time of order.
WE DO NOT INSTALL. We do not perform site surveys, take measurements, design
attachment systems, engineer connections to your structure, pull permits, or
arrange inspections. Those are your responsibility or that of your contractor,
engineer, or installer.
3. YOUR ACCOUNT
You may need to register to place an order. You agree that the information you
submit is true, accurate, current, and complete, and that you will keep it
updated. You are responsible for maintaining the confidentiality of your
password and for all activity under your account. We may remove or reclaim a
username we determine, in our sole discretion, to be inappropriate or
objectionable.
4. PRODUCT INFORMATION, PRICING, AND AVAILABILITY
We make every effort to display Products, colors, dimensions, specifications,
and details accurately. Your display may not accurately render actual colors or
finishes, and minor variation in finish, extrusion, and hardware is normal.
All Products are subject to availability. Not all hardware is kept in stock;
some items are ordered in and typically arrive within one to two business days.
We do not guarantee that any item is in stock at the time you order.
Prices are subject to change at any time without notice. Prices shown are the
prices available to all customers. We reserve the right to correct errors,
inaccuracies, or omissions in pricing, descriptions, availability, or other
information at any time, including after an order has been submitted or payment
has been received. If a Product's correct price is higher than the price shown,
we may cancel the order or contact you for instructions before shipping.
We reserve the right to limit quantities per person, household, or order, and
to refuse or cancel any order for any reason. We reserve the right to cancel
and refund any order at any time.
5. MEASUREMENTS ARE YOUR RESPONSIBILITY
Nearly all Products are cut to the dimensions you supply. YOU ARE SOLELY
RESPONSIBLE FOR THE ACCURACY OF ALL MEASUREMENTS, QUANTITIES, AND OPTIONS YOU
SUBMIT, whether entered through an online configurator, provided by email or
phone, or supplied by your contractor or installer. This applies even where a
member of our staff assisted you in placing the order.
Measure the actual opening, not the window, glass, or frame. We cut to what you
submit. We do not verify, inspect, or independently confirm your measurements,
and we are not responsible for Products that do not fit because the dimensions
supplied were incorrect. We are not responsible for errors in online
calculations. Notify us immediately if you identify an error in your order.
Products cut to incorrect dimensions are not eligible for cancellation, return,
exchange, refund, or credit.
You are responsible for researching, before you order, any restriction that may
apply to your property, including condominium and homeowners association rules,
and any installation or permit requirements imposed by your local building
department. Failure to verify these in advance is not grounds for cancellation.
5A. MANUFACTURING TOLERANCES AND CUTTING OPTIONS
You acknowledge and accept the following, and agree to plan and measure
accordingly:
Cut length. All hurricane panels, headers, and tracks carry a possible variance
of plus or minus one quarter inch (+/- 1/4") from the specified length.
Vinyl accordion track inserts. Due to variance from the manufacturer, vinyl
accordion track inserts are not always exactly four feet and may vary by plus
or minus one half inch (+/- 1/2").
Pre-drilling. Where the pre-drilling option is selected, we begin no more than
2.5 inches from each end and then drill every 6, 9, or 12 inches, according to
your selection, toward the center. The center hole may not be equidistant from
the others and is placed at our discretion.
Headers and footers cut in half. To facilitate shipping, headers and footers
may be cut in half at our sole discretion. If this is unacceptable, you must
notify us on the order or immediately after placing it.
Color. Colors shown on a screen can differ significantly from the actual powder
coating. Screen settings, lighting, and production batches all affect
appearance, and slight differences in shade or finish are normal and are not
defects. On request we will provide approximate color codes from Home Depot,
Lowe's, or Sherwin-Williams so you can obtain a paint sample, though exterior
latex paint is not an exact match for powder coating. Once an order is placed,
no color changes are permitted. By completing your order you confirm you are
satisfied with your color selection.
6. PURCHASES AND PAYMENT
We accept Visa, Mastercard, American Express, Discover, and PayPal.
You agree to provide current, complete, and accurate purchase and account
information, and to update it promptly so we can complete your transaction and
contact you as needed. You represent and warrant that any payment information
you supply is true, correct, and complete, that charges you incur will be
honored by your card issuer, and that you will pay the charges at the posted
prices, including shipping fees and applicable taxes.
All payments are in U.S. dollars. You authorize us to charge your selected
payment method for the full order amount, including shipping and applicable
taxes, upon placing your order. An order is considered placed once an
acknowledgment has been generated, and your payment method is charged at that
time.
Sales tax is added where required by law. If you are purchasing for resale or
are otherwise exempt, you must provide a valid exemption certificate before the
order is placed; we cannot refund tax after the fact.
6A. PAYMENT DISPUTES AND CHARGEBACKS
Contact us first. If you believe a charge is incorrect, that your order is
late, or that there is any problem with your order, contact us at
info@hurricaneshutterswholesale.com or 561-626-8708 before disputing the
charge with your card issuer. Most issues can be resolved directly, and
faster, with us.
What you are agreeing to. By placing an order you acknowledge that you have
read and accepted these Terms, including the custom-order no-cancellation
policy in Section 11, the lead-time provisions in Section 7, and the pickup
and delivery conditions in Sections 8 and 9. A dispute asserting that these
policies were not disclosed is contradicted by your acceptance of these Terms
at checkout, which we record along with the date, time, and IP address of
your order.
Wrongful disputes. A chargeback initiated for merchandise that was in fact
delivered to you or picked up by you or your agent, or for a custom order
fabricated to your specifications in accordance with these Terms, is a breach
of this agreement. If a dispute is resolved in our favor, or if you retain
merchandise for which payment has been reversed, you agree to reimburse us
for the amount of the transaction plus chargeback fees and reasonable costs
of collection. We reserve the right to pursue recovery in small claims court
under Section 29, to suspend your account, and to decline future orders.
Pickup verification. For orders collected at our warehouse, you agree that we
may verify the government-issued photo identification of the person collecting
the order and record that person's signature confirming receipt, and, for
larger orders, photograph the signed confirmation together with the
identification presented. You agree that this record constitutes proof of
delivery.
Evidence. You authorize us to share order records, communications, acceptance
logs, delivery and pickup documentation, and identification records with our
payment processor and card networks for the purpose of responding to a payment
dispute.
7. LEAD TIMES AND PRODUCTION
Most Products are made to order. Any lead time, production estimate, or
delivery window we provide is an ESTIMATE ONLY and is not a guarantee, a
warranty, or a term of the contract. Time is not of the essence.
You acknowledge that the time frame for production and delivery or pickup of
your order may be extended due to unknown and unforeseen circumstances at our
supplier or the shipping company. Lead times lengthen substantially during
hurricane season and in the days before and after a named storm. We do not
guarantee that any order will be produced, shipped, or delivered by any
particular date, and we are not liable for any loss, cost, or damage arising
from a delay, including missed contractor schedules, missed installation
dates, storm damage, or consequential loss of any kind.
Once your order is ready, we will promptly notify the shipping company to
deliver your order, or notify you to pick it up at our warehouse.
8. SHIPPING, FREIGHT, AND DELIVERY CONDITIONS
Shipping charges are calculated at checkout. Items over certain lengths carry
an additional overlength or freight surcharge, shown on the product page or at
checkout.
Signature required. All deliveries require a signature. Do not authorize the
carrier to leave a shipment unattended. If you instruct a carrier to deliver
without a signature, you do so at your own risk, you will have no delivery
receipt on which to note damage, and you may forfeit your ability to recover
for damage or loss under Section 10.
Delivery location. Deliveries are made to the shipping address only. Carriers
will not deliver up driveways or into residential or commercial parking lots
unless agreed in advance with the shipping company. Additional services must be
arranged before you order so the charge can be added, or paid by you directly
to the carrier.
No liftgate. Unless you arrange otherwise before ordering, no liftgate will be
provided. You agree not to request a liftgate at the time of delivery and to
have adequate personnel present to unload the entire order by hand. Orders are
packaged so they can be removed piece by piece by one or two people. Carriers
charge an additional fee for liftgate service, which is passed through to you.
Refused delivery. If you refuse delivery, the carrier will note the refusal on
the bill of lading and return the order to our warehouse. Re-delivery requires
payment of a second shipping charge plus any storage or detention fees assessed
by the carrier, which are passed through to you at cost. Both must be paid in
full before the order ships again.
International and export orders. Many international carriers do not offer
door-to-door delivery once the shipment reaches the destination port. You are
responsible for collecting your order from the destination port or the
shipper's local office. If that is unacceptable, notify us before ordering.
Title and risk of loss pass to you upon delivery to the carrier.
9. LOCAL PICKUP
Pickup orders must be placed on the Site with the Free Pickup option selected.
We will notify you when your order is ready; it may not be available
immediately, depending on stock. An appointment is strongly recommended. Do not
travel to our facility before receiving notification.
You agree to bring adequate personnel to carry your complete order and a
vehicle adequate to transport it. We may not have personnel on site to load
your order.
10. DAMAGED OR LOST SHIPMENTS
Inspect your shipment on arrival.
If shipping protection is included on your order. Note the specific damaged
items on the delivery receipt, photograph them, and accept the entire delivery
— do not refuse it. File a claim at https://claims.route.com/ within the time
frame required, listing only the items actually damaged, not the whole order,
so that replacement items can be reordered and shipped to you. Failure to
follow these steps may severely reduce your chance of recovery. Protected
orders are subject to the terms at
https://www.hurricaneshutterswholesale.com/purchase-protection/ and
https://route.com/terms-and-conditions, including all links on those pages.
Shipping protection is available only on orders up to $5,000. If your order
exceeds that amount, protection is automatically removed from your cart and
your order will not be covered.
If shipping protection is not included. Inspect the shipment immediately on
delivery. Damages and shortages must be noted on the freight or delivery
receipt AND emailed with photographs to info@hurricaneshutterswholesale.com
within 24 hours of delivery. Items are deemed received in good condition unless
noted on the delivery receipt. If you have any problems upon delivery, contact
us immediately.
11. CANCELLATIONS AND RETURNS
CUSTOM ORDERS. A Product is a custom order if it has been cut, drilled,
punched, or otherwise produced to the dimensions, options, or specifications
you submitted, or ordered in a non-stock color or configuration. THIS INCLUDES
ALL PANELS, HEADERS, FOOTERS, AND TRACKS CUT TO YOUR SPECIFIED LENGTH, WHETHER
CUT BY US OR BY OUR SUPPLIER. CUSTOM ORDERS CANNOT BE CANCELLED, EXCHANGED,
RETURNED, OR REFUNDED.
Stock hardware that has not been cut, drilled, installed, or used may be
returned at our sole discretion. Where we permit a return:
- Prior authorization is required. Unauthorized returns may be refused.
- Items must be unused, uninstalled, and in resalable condition in their
original packaging.
- A 20% restocking fee is deducted from the refund.
- Shipping charges, outbound and return, are not refundable. Returns apply
only to the items purchased.
- Refunds are issued to the original payment method.
12. CODE COMPLIANCE, APPROVALS, AND PERMITS
Certain Products carry a Florida Product Approval or other approval. An
approval number identifies the tested configuration and its limits; it is not
a representation that a Product is suitable for your specific opening,
structure, wind zone, or jurisdiction.
YOU ARE RESPONSIBLE FOR:
(a) determining which Products are approved for your location, including
whether your jurisdiction is a High Velocity Hurricane Zone;
(b) confirming design pressures and opening sizes for your structure;
(c) obtaining all permits and inspections; and
(d) engaging a licensed contractor or engineer where required.
Approvals frequently do not specify anchors into the host structure; those are
designated "by others" and must be selected and specified by a qualified design
professional based on your substrate. We do not select, specify, or approve
anchors, fasteners, or attachment methods for your structure.
We do not warrant that any Product will satisfy the requirements of any
building official, homeowners association, insurer, or inspector.
13. INSTALLATION, USE, AND STORM PERFORMANCE
Products must be installed in accordance with the applicable product approval
and the manufacturer's instructions, into structure adequate to receive the
design loads. Improper installation, inadequate substrate, incorrect fasteners,
corrosion, modification, or failure to deploy the Product before a storm will
compromise performance.
We may make general installation instructions and product literature available
on the Site or on request. Any such material is general in nature and is not
specific to your opening, structure, substrate, or jurisdiction. It does not
replace the applicable product approval, the manufacturer's instructions, or
the judgment of a licensed contractor or engineer. Because code requirements
vary by site, we do not provide site-specific installation instructions or
attachment designs. We may provide installation assistance at our sole
discretion; any such assistance is a courtesy and does not transfer
responsibility for the installation to us. You remain responsible for the
installation, and we encourage you to engage a licensed local building
contractor.
You acknowledge the following:
Required hardware. Some storm panel systems provide NO hurricane protection
unless all required reinforcing bolts and clear panel washers are properly
installed.
Clear panels. Clear panels are intended for installation only for the
duration of a hurricane warning period. They are NOT intended for permanent
or extended installation, and prolonged exposure to sunlight will degrade
them.
Egress. While storm panels are installed, the openings they cover CANNOT be
used as escape exits. Consider egress before deciding which openings to
cover and for how long.
Handling. Shutters, panels, and tracks have sharp edges and become extremely
hot in direct sun. You agree to wear appropriate gloves when handling any
Product purchased from us.
NO PRODUCT PREVENTS ALL DAMAGE. A wind-pressure or impact rating reflects
performance under defined test conditions and is not a guarantee that a Product
will prevent injury, water intrusion, structural damage, or loss in an actual
storm. We disclaim all liability for damage or injury arising from
installation, non-installation, late deployment, or performance in a storm
event.
14. WARRANTY
HSW IS A DISTRIBUTOR AND DOES NOT PROVIDE ITS OWN PRODUCT WARRANTY. Products
are covered, if at all, by the warranty of the manufacturer that produced them.
To the extent those warranties are transferable, we pass them through to you.
The manufacturer's warranty terms, duration, exclusions, and claim process
govern.
We will provide the applicable manufacturer's warranty information on request
and will assist in submitting a warranty claim, but the manufacturer determines
whether a claim is accepted and what remedy is provided.
This does not limit your rights in respect of Products damaged in transit,
which are handled under Section 10, or Products delivered that do not match
what you ordered, which you must report within a reasonable time of delivery.
EXCEPT FOR ANY APPLICABLE MANUFACTURER'S WARRANTY, ALL WARRANTIES ARE
DISCLAIMED AS SET OUT IN SECTION 19.
15. INTELLECTUAL PROPERTY
Unless otherwise indicated, the Site and its contents — including source code,
databases, functionality, software, designs, audio, video, text, photographs,
graphics, product drawings, and configurator logic (the "Content") — and all
trademarks, service marks, and logos (the "Marks") are owned or licensed by us
and protected by United States and international intellectual property law. The
posting of information or materials on the Site does not constitute a waiver of
any right in such information and materials.
Subject to these Terms, you are granted a limited, revocable, non-exclusive,
non-transferable license to access the Site and to download or print Content
for your own use in connection with purchasing, specifying, or installing our
Products. Contractors, builders, and installers may use Content for that
purpose.
You may not copy, reproduce, aggregate, republish, scrape, sell, license, or
otherwise exploit the Content or Marks for any other commercial purpose,
including compiling a competing catalog or price list, without our prior
written permission. You do not acquire ownership rights to any content viewed
through the Site. All rights not expressly granted are reserved.
16. PROHIBITED ACTIVITIES
You agree not to:
1. Systematically retrieve or scrape data from the Site to compile a
collection, database, price list, or directory.
2. Harvest usernames or email addresses for unsolicited email, or create
accounts by automated means or under false pretenses.
3. Circumvent, disable, or interfere with security features of the Site.
4. Engage in unauthorized framing of the Site.
5. Trick, defraud, or mislead us or other users, including attempts to
obtain account credentials.
6. Make improper use of our support services or submit false reports.
7. Use data mining, robots, spiders, scrapers, or similar tools, except
standard search engine crawling.
8. Interfere with or place an undue burden on the Site or connected
networks.
9. Impersonate another person or use another user's account.
10. Use information from the Site to harass, abuse, or harm another person.
11. Decipher, decompile, disassemble, or reverse engineer any part of the
Site.
12. Harass, intimidate, or threaten our employees or agents.
13. Upload or transmit viruses, malware, or any passive collection
mechanism.
14. Remove any copyright or proprietary notice from any Content.
15. Use the Site in violation of any applicable law or regulation.
Nothing in these Terms restricts your right to review, rate, or publicly
comment on us, our Products, or your experience.
17. USER SUBMISSIONS
If you send us questions, comments, suggestions, ideas, photographs, or
feedback ("Submissions"), you grant us a non-exclusive, royalty-free,
worldwide, perpetual license to use, reproduce, modify, publish, and display
them in connection with our business, including marketing. You represent that
the Submission is yours to give and does not infringe any third party's
rights. Submissions are non-confidential. We are not obligated to compensate
you or to keep any Submission confidential.
If you send us photographs of an installation, you confirm you have the right
to do so and the permission of the property owner.
18. THIRD-PARTY SITES AND CONTENT
The Site may link to third-party websites or contain third-party content. We do
not investigate, monitor, or endorse them and are not responsible for their
content, accuracy, or privacy practices. Accessing them is at your own risk and
is governed by their terms, not ours.
19. DISCLAIMER
EXCEPT FOR ANY APPLICABLE MANUFACTURER'S WARRANTY PASSED THROUGH UNDER SECTION
14, THE SITE AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF SITE CONTENT AND
ASSUME NO LIABILITY FOR (1) ERRORS OR INACCURACIES IN CONTENT; (2) PERSONAL
INJURY OR PROPERTY DAMAGE ARISING FROM USE OF THE SITE OR THE PRODUCTS; (3)
UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY INFORMATION STORED THERE; (4)
INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (5) MALWARE TRANSMITTED BY
ANY THIRD PARTY; OR (6) LOSS OR DAMAGE OF ANY KIND ARISING FROM CONTENT MADE
AVAILABLE VIA THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF
THE ABOVE MAY NOT APPLY TO YOU.
20. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF USE, PROPERTY DAMAGE, STORM
DAMAGE, COST OF SUBSTITUTE GOODS, LABOR OR REINSTALLATION COSTS, OR LOSS OF
DATA, ARISING FROM YOUR USE OF THE SITE OR THE PRODUCTS, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR TOTAL LIABILITY FOR ANY CLAIM,
REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE AMOUNT YOU PAID US FOR
THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THOSE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless HSW and its officers, agents,
partners, and employees from any loss, damage, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party arising out of:
(1) your use of the Site or the Products; (2) your breach of these Terms; (3)
your breach of your representations and warranties; (4) your violation of the
rights of a third party; (5) measurements or specifications you supplied; or
(6) the installation, use, or performance of Products installed by you or on
your behalf.
We reserve the right, at your expense, to assume the exclusive defense and
control of any matter for which you must indemnify us, and you agree to
cooperate. We will use reasonable efforts to notify you of any such claim.
22. FORCE MAJEURE
We are not liable for any delay or failure to perform caused by circumstances
beyond our reasonable control, including hurricanes, tropical storms, severe
weather, flooding, fire, earthquake, pandemic, epidemic, war, terrorism, civil
unrest, labor disputes, strikes, carrier delays or capacity shortages, port
closures, fuel shortages, raw material or component shortages, tariffs,
supplier failure, utility or power failure, network or hosting outage,
cyberattack, or government action, order, or emergency declaration.
Demand for our Products rises sharply before and after named storms. Delays
arising from storm-driven demand, evacuation orders, or closures are force
majeure events.
23. TERM AND TERMINATION
These Terms remain in effect while you use the Site. WITHOUT LIMITING ANY OTHER
PROVISION, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, TO DENY ACCESS TO THE SITE, INCLUDING BLOCKING IP ADDRESSES, TO ANY
PERSON FOR ANY REASON, INCLUDING BREACH OF THESE TERMS. WE MAY TERMINATE YOUR
ACCOUNT AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account, you may not register a new one under
your name, a fake or borrowed name, or the name of a third party.
24. MODIFICATIONS AND INTERRUPTIONS
We may change, modify, or remove Site content at any time without notice, and
have no obligation to update any information. We may modify or discontinue any
Product without notice. We cannot guarantee the Site will be available at all
times and are not liable for any loss or inconvenience caused by downtime,
maintenance, or discontinuance.
25. PRIVACY
Please review our Privacy Policy at
https://www.hurricaneshutterswholesale.com/privacy-policy/, which is
incorporated into these Terms. The Site is hosted in the United States. If you
access it from another region, you consent to the transfer and processing of
your data in the United States.
26. ELECTRONIC COMMUNICATIONS AND SIGNATURES
Visiting the Site, emailing us, and completing online forms are electronic
communications. You consent to receive communications electronically and agree
that all agreements, notices, and disclosures we provide electronically satisfy
any legal requirement that they be in writing. YOU AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, AND ORDERS.
If you provide a mobile number, you consent to receive service and
order-related calls and text messages at that number, which may be sent using
automated means. Consent is not a condition of purchase. Message and data rates
may apply. Reply STOP to opt out of texts.
27. COPYRIGHT INFRINGEMENT (DMCA)
We respect the intellectual property rights of others. If you believe material
on the Site infringes a copyright you own or control, send a written notice to
our designated agent containing: your physical or electronic signature;
identification of the copyrighted work; identification of the material claimed
to be infringing and its location on the Site; your contact information; a
statement of good-faith belief that the use is not authorized; and a statement,
under penalty of perjury, that the information is accurate and you are
authorized to act. You may be liable for damages if you knowingly misrepresent
that material is infringing.
Designated agent:
HSW International Inc.
Attn: DMCA Agent
4170 Westroads Drive, Suite #9-E
West Palm Beach, FL 33407
info@hurricaneshutterswholesale.com
28. GOVERNING LAW
These Terms and your use of the Site and the Products are governed by the laws
of the State of Florida, without regard to conflict of law principles.
Application of the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transactions Act is
excluded.
29. DISPUTE RESOLUTION
Informal negotiations. To reduce cost and delay, the parties agree to attempt
to resolve any dispute, controversy, or claim relating to these Terms or the
Products ("Dispute") informally for at least thirty (30) days before initiating
arbitration. Informal negotiations begin on written notice from one party to
the other.
Binding arbitration. If the parties cannot resolve a Dispute informally, the
Dispute will be finally resolved by binding arbitration. YOU UNDERSTAND THAT
WITHOUT THIS PROVISION YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND TO A JURY
TRIAL. Arbitration will be conducted under the Commercial Arbitration Rules of
the American Arbitration Association and, where applicable, its Consumer
Arbitration Rules, available at www.adr.org. Your arbitration fees and share of
arbitrator compensation are governed by the applicable AAA rules; if the
arbitrator determines those costs are excessive, we will pay all arbitration
fees and expenses. Arbitration may be conducted in person, by document
submission, by phone, or online. The arbitrator will issue a written decision.
The arbitrator must follow applicable law. Unless the AAA rules or applicable
law require otherwise, arbitration will take place in Palm Beach County,
Florida. Either party may go to court to compel arbitration, stay proceedings,
or confirm, modify, vacate, or enter judgment on an award.
Class action waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, ARBITRATION IS
LIMITED TO THE DISPUTE BETWEEN THE PARTIES INDIVIDUALLY. NO ARBITRATION MAY BE
JOINED WITH ANOTHER PROCEEDING, CONDUCTED ON A CLASS-ACTION BASIS, OR BROUGHT
IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER
PERSON.
Exceptions. The following are not subject to informal negotiation or
arbitration: (a) disputes seeking to enforce, protect, or determine the
validity of intellectual property rights; (b) disputes arising from allegations
of theft, piracy, invasion of privacy, or unauthorized use; (c) claims for
injunctive relief; and (d) claims that may be brought in small claims court.
If any part of this section is found unenforceable, that Dispute will be
decided by a court of competent jurisdiction in Palm Beach County, Florida, and
the parties consent to personal jurisdiction and venue there and waive any
defense of forum non conveniens.
30. CALIFORNIA USERS AND RESIDENTS
If a complaint is not satisfactorily resolved, you may contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112,
Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
31. MISCELLANEOUS
These Terms, together with any policies posted on the Site, constitute the
entire agreement between you and us and supersede all prior or contemporaneous
agreements, representations, warranties, and understandings. Our failure to
enforce any right or provision is not a waiver. These Terms operate to the
fullest extent permissible by law. We may assign our rights and obligations at
any time. If any provision is found unlawful, void, or unenforceable, it is
severable and does not affect the remaining provisions. No joint venture,
partnership, employment, or agency relationship is created by these Terms. You
agree these Terms will not be construed against us by virtue of our having
drafted them, and you waive any defense based on their electronic form or the
absence of signatures.
32. CONTACT US
To resolve a complaint or for more information about the Site or the Products:
HSW International Inc.
Hurricane Shutters Wholesale
4170 Westroads Drive, Suite #9-E
West Palm Beach, FL 33407
United States
Phone: 561-626-8708
Email: info@hurricaneshutterswholesale.com