Bauwerk Building Solutions Inc. DBA FlexCost Terms and Conditions
Last Updated: November 15, 2022
1. Acceptance of These Terms
Welcome! This website, www.247windowstore.com (the "Site," including all subdomains), is a copyrighted work belonging to Bauwerk Building Solutions Inc. DBA FlexCost ("we," "us," and "our"). These terms and conditions (the "Terms") govern your access to and use of the services available on this Site (the "Services"). Specific features of the Site may have additional rules and terms associated with them, and such additional rules and terms will be prominently posted or otherwise made available to each user ("you" and "your," including any entity you represent) and are incorporated herein by reference.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND BAUWERK BUILDING SOLUTIONS INC.. BY USING THIS SITE AND THE RELATED SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS.
THESE TERMS LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION.
If you are under 18 years of age, but no less than 13, you may use the Site only if you obtain prior parental or guardian consent or are an emancipated minor.
2. License to Use Website
This Site primarily operates as an e-commerce website. The website's purpose is to allow for the sale of products. Subject to these Terms, you are granted a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the Site.
3. Advertisements
The Services provided may include advertisements, some of which may be targeted based on the type of information on the Site, queries made, or other information. The types and amount of advertising on the Site or through the Services is subject to change.
4. Cookies
This website uses cookies. Cookies store information related to visitors' preferences, browser type, and other information in order to optimize their experiences. By using this Site you acknowledge your understanding of and consent to our use of cookies. You may delete cookies already on your computer by consulting the instructions for your file management software.
5. Acceptable Use Policy
By using this Site you agree to use the Services in compliance with these Terms and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. We are based in Charlotte, North Carolina, United States.
6. International Use and Compliance
Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Site complies with all local, international, and other laws that may apply.
7. Minors
We do not knowingly collect personal information or data from visitors under 13 years of age. You may not use this site if you are under the age of 13.
8. User Accounts
Visitors to the Site are permitted to create user accounts or profiles. Upon registering for our Services, you are considered a "Member" of the Site. You represent that all information you submit when creating an account is true and accurate, and you promise to update and maintain the accuracy of this information at all times.
9. Enforcement of Acceptable Use Policy
We reserve the right to review and investigate your use of the Site and to take any appropriate action against you that we determine is necessary in our sole discretion should you violate these Terms.
10. Third-Party Resources
The Site may contain links and advertisements to third-party websites and services ("Third-Party Resources"). You agree and acknowledge that Third-Party Resources are not under our control and we are not responsible for the content, products, or services they provide.
11. Modification of Site
We reserve the right to modify, add to, suspend, or terminate all or part of the Site or Services at any time with or without providing prior notice to you.
12. Support or Maintenance
Although we may choose to provide customer support or website maintenance, you acknowledge and agree that we are under no obligation to do so.
13. Restricted Access
Some parts of the Site may be restricted to certain visitors. If you have permission to access restricted parts of the Site, you agree to not share your access information and password with third parties.
14. Privacy
We manage the collection, use, and security of your personal information according to our Privacy Policy. By using this Site you consent to our collection and use of your personal information as set forth in the Privacy Policy.
15. Ownership & Intellectual Property
Unless otherwise stated, Bauwerk Building Solutions Inc. DBA FlexCost and its permitted licensors own all intellectual property rights in the Site and its contents.
16. Copyright Policy
We expect you to respect the intellectual property rights of others when using the Site and Services. We will respond to any notices of copyright infringement that we receive that comply with applicable law.
17. Sales Policies
You are purchasing custom products, therefore, please make sure that you have determined the right measurements and configurations before placing the order. The width and height displayed on your order confirmation represent the outer dimension of the product, excluding any nailing flange that may be included.
18. Refund and Cancellation Policies
All of our products are custom made-to-order, therefore all sales are final once we have processed your order, unless otherwise communicated in writing by us. If you would like to change or cancel your order, please contact us to inquire about the order status and learn about your change and cancellation options.
19. Disclaimers
THE SITE IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
20. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAUWERK BUILDING SOLUTIONS INC. MAY NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.
21. Indemnity
You agree to indemnify, defend, and hold harmless Bauwerk Building Solutions Inc. DBA FlexCost and its subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors from any claim or disputes by a third party arising out of your use of the Site.
22. Release
In the event you have a dispute arising out of these Terms or your use of the Site or Services, you hereby release and forever discharge us from all related claims, actions, demands, disputes, damages, and liabilities.
23. Termination
We may suspend or terminate your access to the Site at any time and for any reason or no reason at all, with or without notice, at our sole discretion.
24. Modification of These Terms
We may modify or update these Terms from time to time at our sole discretion. All updates will be effective from the time and date that they are posted.
25. Violations of These Terms
Should you breach these Terms, we may take any and all actions we deem appropriate in our sole discretion under the circumstances.
26. Dispute Resolution
Unless both parties agree otherwise, you and Bauwerk Building Solutions Inc. DBA FlexCost agree that any dispute, claim, or controversy arising out of or relating to the Site, Services, or these Terms will be resolved through mandatory binding arbitration administered by the American Arbitration Association (AAA).
27. General Terms
a. Entire Agreement These Terms and our Privacy Policy represent the entire and exclusive agreement between you and Bauwerk Building Solutions Inc. DBA FlexCost regarding your use of the Site and Services.
b. Waiver and Severability Our failure to enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
c. Assignment Your rights and obligations under these Terms may not be assigned without our prior written consent.
d. Cumulative Rights The rights of all parties under these Terms are cumulative.
e. Law and Jurisdiction These terms shall be governed by the laws of North Carolina, United States.
28. Electronic Communications
Electronic communications occur whenever you use the Site or Services. You consent to receive such electronic communications and agree that they satisfy any legal requirement that such communications would satisfy if provided in writing.
29. Feedback and Complaints
You hereby assign to us all rights in any feedback or complaints you provide us concerning the Site or Services. We will treat all such feedback or complaints as non-confidential and non-proprietary.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210.