WARM CORPORATION WEST dba WARM FLOORS™

PRIVACY POLICY

Updates:

December 27, 2020

November 2, 2026

 

Warm Corporation West, doing business under the names Warm Corporation West and Warm Floors, is a corporation based in the State of California and is referred to as “Warm Corp West” herein. Warm Corp West owns and manages the websites www.warmcorpwest.com and www.warmfloors.com (collectively referred to as the “Website”).  The Website provides a wide array of information relating to Warm Corp West’s business, including, without limitation, the systems available for purchase, news and updates, relevant projects, and Warm Corp West’s contact information.

 

This Privacy Policy (the “Privacy Policy”) sets forth the terms applicable to the personal information collected from the Website, as well as Warm Corp West’s usage, handling and collection thereof. This Privacy Policy further details the rights granted to users of the Website with respect to their personal information and data.

 

Warm Corp West is dedicated to protecting the privacy of its clients and Website users. Warm Corp West employs all available measures to protect personal information and data submitted on the Website.

 

 

1. APPLICABILITY

 

Any provision, submission or entering of personal information by Users on the Website shall be governed and handled according to the terms of this Privacy Policy.

 

This Privacy Policy shall apply to any collection, usage, handling, storage and retention of personal data and information obtained from the Website or as part of this Website. This Privacy Policy shall apply retroactively to all personal information collected or provided on the Website prior to the introduction of this Privacy Policy.

 

1. BACKGROUND AND INTERPRETATION

 

In this Privacy Policy, users of the Website may be collectively referred to as the “Users” or individually, as a “User”, “you”, “your” and other similar terms. For interpretation purposes, Users shall include Warm Corp West’s clients, and users of the Website.

 

Warm Corp West sells, designs, installs and services heating and cooling systems for residential, commercial, industrial and institutional clients in the State of California. Considering Warm Corp West’s activities are primarily targeted to Users based in the United States, the Website is not intended for Users based outside of the United States.

 

1. ACCEPTANCE OF THIS PRIVACY POLICY

 

Upon using, visiting or otherwise accessing the Website, you shall be deemed to have accepted the terms of the latest version of this Privacy Policy, in full and without restriction. As such, your usage, interactions with or visiting of the Website shall signify your acceptance of this Privacy Policy and the entirety of its terms.

 

If you do not agree with the terms of this Privacy Policy, in full or partially, Warm Corp West urges you to not use or otherwise access the Website. If you are in disagreement with any provision of this Privacy Policy, your sole recourse shall be to not use the Website.

 

1. APPLICABLE LEGISLATION

 

This Privacy Policy has been prepared in accordance with applicable privacy and confidentiality laws in the United States, more specifically those applicable in the State of California.

 

This Privacy Policy is consistent with the California Civil Code.  There is currently no United States federal-level privacy law equivalent or similar to the General Data Protection Regulation 2016/679 (the “GDPR”). While this Privacy Policy is not intended for Users residing in the European Union (EU) or in the European Economic Area (EEA), many terms in this Privacy Policy are in harmony with the GDPR.

 

Although the Website may be accessed from anywhere in the world, Warm Corp West does not warrant that the terms of this Privacy Policy comply with international laws applicable outside of the United States. International Users of the Website agree to use the Website at their sole risk, without warranties of international compliance by Warm Corp West.

 

1. PERSONAL INFORMATION

 

In accordance with applicable privacy laws, personal information refers to information that allows for an individual person to be identified, both directly or indirectly. Personal information allowing for the direct identification of an individual may include the individual’s name, residential address, email address, contact information and other similar information.

 

Personal information may not allow for the direct identification of a particular individual, but may nonetheless constitute personal information. Such “indirect” personal information would include, without limitation, a User’s IP address and location, as well as information relating to a User’s economic, social, or cultural identity.

 

As a User of the Website, you will benefit from a series of rights granted by Warm Corp West in connection with your personal data. Such rights are further detailed in this Privacy Policy.

 

In this Privacy Policy, the terms “personal information” and “personal data” are used interchangeably to refer to the same concept.

 

1. NO REQUIREMENT TO PROVIDE PERSONAL DATA

 

Warm Corp West shall only collect personal data you provided voluntarily on the Website or in accordance with this Privacy Policy. There is no requirement for Users to provide personal data on the Website. All portions of the Website are accessible to Users without restriction: No part of the Website is available solely to Users who have provided personal information, except for the contact section of the Website, which invites Users to input personal information and for the portal described in Section 6.1 herein.

 

You may, however, be asked to submit your name, email address, occupation and phone number in the contact form on the Website and/or to allow Warm Corp West to send you a newsletter on a regular basis. You may choose to provide additional information, such as your contact information and residential address.

 

1. Portal

 

Warm Corp West is in the process of establishing an online portal, which shall be accessible via the Website. The portal shall be password-protected. The portal shall allow the Users to access information regarding the projects to which the User is involved, including proposals, contracts, change orders, plans and schematics. By accessing the portal, the User recognizes certain information regarding projects involving the User shall be accessible and available through the portal.

 

1. PROTECTION AND SAFEGUARD OF PERSONAL DATA

 

All personal information you provide on the Website will never be sold, rented, leased, transferred, distributed, or otherwise disclosed or made available to any third party, except with your prior explicit consent.

 

1. Prevention of Unauthorized Disclosures

 

Warm Corp West shall not disclose or communicate any personal information provided on the Website to any third party, except under the circumstances detailed in this Privacy Policy, or pursuant to applicable laws, regulations or an enforceable court order.

 

To this effect, Warm Corp West has implemented various procedures to prevent the unauthorized spread and disclosure of Users’ personal data. The procedures put in place by Warm Corp West consist of a series of precautions and safety measures to thoroughly safeguard Users’ personal information. The precautions and safety measures developed by Warm Corp West apply to its employees, contractors, service providers and other third parties who may gain access to personal data provided on the Website. 

 

Further, Warm Corp West shall use its best commercial efforts to ensure all personal information collected from the Website remains protected from unauthorized disclosures, damage, deletion and destruction.

 

1. Permitted Disclosures

 

Any disclosure of personal information by Warm Corp West shall be for a specific and predefined purpose as set forth in this Privacy Policy. In all cases, Warm Corp West shall only disclose personal information to its employees and third parties who are subject to confidentiality obligations that are as stringent and binding as those detailed in the present Privacy Policy.

 

For the avoidance of doubt, Warm Corp West shall ensure the disclosure of personal information is limited to an “as needed” basis. Warm Corp West may disclose personal data to its employees, contractors, service providers, or other parties to fulfill a purpose set forth in this Privacy Policy.

 

1. PERSONAL DATA COLLECTED

 

1. Personal Information Provided Voluntarily

 

Warm Corp West does not require that you provide personal information to access or use the Website. You acknowledge, however, that unless otherwise specified, upon your submission of forms, personal information or content on the Website, Warm Corp West shall gain access to the personal information provided.

 

You further recognize that Warm Corp West shall have access to any information you provide on the Website. You may provide information by completing an online form on the Website or subscribing to Warm Corp West’s newsletter.

 

You acknowledge that Warm Corp West may collect your personal information when managing or responding to your questions, inquiries and support requests.

 

1. Passively Obtained Information

 

As a result of your usage of the Website, Warm Corp West may obtain information passively from cookies, log files and other similar technologies. This information may relate to your browsing history, your preferences, your location and the device upon which you access the Website.

 

Warm Corp West may also obtain personal data through Google analytics, network monitoring, and database management. This type of information may not necessarily allow Warm Corp West to identify you personally as this information tends to consist of an IP address, location and other information relating to a User’s usage of the Website.

 

Warm Corp West shall collect such indirect personal information for the purposes of improving your user experience on the Website and preventing unauthorized access.

 

1. PROTECTION OF MINORS

​

The Website is designed and intended for users who at least sixteen (16) years old. Warm Corp West does not knowingly target or advertise to minors.

 

If you are less than sixteen (16) years old, your parent or legal guardian must authorize your usage of the Website. Warm Corp West encourages you to be accompanied by your parent or legal guardian at all times while using the Website. Further, if you use the Website, even while accompanied by a parent or lawful guardian, please refrain from sharing any personal information.

 

1. PURPOSE OF PERSONAL DATA COLLECTION

 

Warm Corp West shall use your personal information solely to fulfill a predetermined purpose in accordance with the terms of this Privacy Policy. The usage of your personal data shall be limited in time and in scope to the extent required by Warm Corp West’s legitimate business interests, and according to the applicable privacy laws and regulations.

 

1. Standard Purposes of Collection

 

Warm Corp West shall be authorized to use your personal information in furtherance of the following purposes:

 

• to provide you with information regarding the systems and services offered by Warm Corp West;

• to comply with a valid court order, a legal obligation or applicable legislation;

• for reasons of public interest or reasons relating to the public domain; and/or

• to respond to your inquiries, questions, requests, and other claims;

• to provide cooling or heating systems and/or services purchased;

• to perform a task that you explicitly authorized.

 

1. Collection for the Provision of the Newsletter

 

Warm Corp West may collect your personal information, such as your email, to deliver its newsletter. This newsletter may constitute Warm Corp West’s primary means of communicating with Users. Any changes to the services, and systems may be announced in the newsletter.

 

1. Specific Purposes of Collection

 

In addition to the above, you recognize that your personal information may be used in furtherance of the following purposes:

 

• to provide you with personalized content, customized offers and recommendations;

• to perform statistical analyses, by comparing your usage of the Website in contrast to the usage by other Users, and to evaluate certain portions of the Website;

• to notify you of promotions, content and events that may be of interest;

• to improve the Website, its pages and content on a regular basis;

• to release communications and emails regarding the Website.

 

As per the data minimization obligation, Warm Corp West undertakes to limit its usage of your personal information to that which is absolutely necessary to fulfill the purpose of the collection. Warm Corp West shall not use your personal information unreasonably or excessively considering the purposes of the collection.

 

1. STORAGE OF PERSONAL DATA

 

Personal information provided on the Website will be stored by the Website’s web developer and host. The web developer and host’s handling of personal data shall be compliant with applicable laws and regulations pertaining to the collection, protection and handling of personal data.

 

Firstly, Warm Corp West offers the Users a series of rights in connection with their privacy. If a User shares his or her residential address, Warm Corp West never stores the address on the Website.

 

Your personal data shall be stored in Warm Corp West’s servers, or in an authorized third party’s servers for a reasonable duration. Your personal data shall remain stored for the duration that is necessary taking into account the applicable laws, and the authorization you provided.

 

Warm Corp West may store personal data for an extended duration for reasons of public interest. In all cases, Warm Corp West shall not maintain your personal data on file for an excessive duration.

 

1. RIGHTS GRANTED TO USERS

 

1. Right to Obtain Information

 

You shall have the right to request specific information regarding Warm Corp West’s collection and usage of your personal data. The present Privacy Policy details which information is collected by Warm Corp West and how such personal information is used.

 

If you wish to obtain more specific information relating to your personal information, you are invited to send Warm Corp West a written request by way of email. Such request shall specify the information sought. Warm Corp West shall then assess the request. If the information requested is available, Warm Corp West shall provide it within a reasonable timeframe.

 

1. Right to Request Corrections

 

Warm Corp West employs reasonable commercial efforts to ensure the personal information on file remains accurate, updated and correct.

 

If you discover that the personal information held on file or from the Website is incorrect, erroneous, unusable, or otherwise misleading, you shall have the right to request that Warm Corp West perform the necessary corrections.

 

The request for corrections and rectifications shall be transmitted to Warm Corp West by email.  Warm Corp West shall make all necessary corrections and updates promptly as of its receipt of the User’s request.

 

1. Right to Request Deletions

 

Users of the Website shall have the right to ask for their personal information to be deleted or erased from Warm Corp West’s files and servers. As with all requests, the request for deletion shall be provided in writing.  

 

Warm Corp West shall delete a User’s personal data, further to a request, upon the fulfillment of any of the following conditions: (1) the personal information is no longer necessary to fulfill the purpose for which it was collected, or (2) the consent provided by the User with respect to its personal information has been withdrawn or expired, or (3) there is no legitimate reason for Warm Corp West to maintain the personal data on file.

 

Warm Corp West shall handle any deletion requests within thirty (30) days or within a reasonable delay as of Warm Corp West’s receipt of the request. If the request is approved, Warm Corp West shall erase, delete or otherwise destroy the relevant personal data from its servers, and Warm Corp West shall provide the requesting User with a written confirmation thereof.

 

1. Right to Object to Processing

 

You shall have the right to object to Warm Corp West’s processing of your personal data for reasons of convenience or further to particular circumstances. Warm Corp West shall evaluate all such request while taking into consideration your interests and rights as well as the grounds for processing your information.

 

If Warm Corp West determines that the requesting User’s rights and interests outweigh the reasons for Warm Corp West’s processing, Warm Corp West shall cease processing of the User’s personal data.

 

Any User may object to the processing of its personal information for specific purposes, such as for promotional and marketing purposes. In such cases, Warm Corp West shall not process the User’s personal data for the purpose requested. If the processing of your personal data is required for reasons of public interest or by law, Warm Corp West may not be able to fully cease the processing of your personal information.

 

1. Right to Revoke Consent

 

You may provide Warm Corp West with an explicit permission to use your personal data for purposes beyond the scope permitted by this Privacy Policy. Any permission you provide to Warm Corp West may pertain to the collection, usage, storage, disclosure and/or handling of your personal information. To grant such a permission, you must be at least sixteen (16) years of age.

 

Warm Corp West shall be authorized to use your personal data in accordance and to the extent specified in the permission provided.

 

You may revoke the permission granted to Warm Corp West, at any time, by sending a written notice in accordance with the terms of this Privacy Policy.

 

1. CALIFORNIA PRIVACY LAWS

 

Section § 1798.83 of the California Civil Code grants California residents the right to request information regarding the disclosure of their personal information for direct marketing purposes.

 

At this time, Warm Corp West does not disclose, share, or transmit its Users’ personal information for direct marketing purposes. If Warm Corp West elects to do so in the future, Warm Corp West shall ensure Users are notified in advance. At all times, the Users shall have the option of opting out of these direct marketing initiatives.

 

At this time, Warm Corp West do not subject its Users to automated decisions and profiling as a result of using the Website. In the event that Warm Corp West does so in the future, every User shall have the right to request to be excluded from such profiling, unless: (1) it is required for Warm Corp West to perform automated decisions and profiling, (2) the automated decision profiling is authorized by the laws of the State of California, which govern Warm Corp West’s activities, or (3) Warm Corp West obtained the User’s prior consent to participate in automated decisions and profiling.

 

1. DISCLOSURE FOR LEGAL PURPOSES

 

Warm Corp West may disclose your personal information pursuant to a court order or legal obligation.

 

Warm Corp West shall communicate all personal information required to comply with applicable laws and regulations. In such cases, Warm Corp West may disclose your personal data without having obtained your prior consent and without notifying you in advance. Warm Corp West’s sharing of personal information shall be limited to the data that is strictly required as per the legal obligation.

 

If required to share personal information as a result of a valid court order, Warm Corp West shall disclose the personal information in accordance with the instructions specified in the court order. If possible, Warm Corp West shall notify the relevant User following its receipt of the notice of the court order. The purpose of Warm Corp West’s notification shall be to allow the User to secure a protective order or other legal remedy available.

 

1. SECURITY

 

As detailed throughout this Privacy Policy, Warm Corp West utilizes strict processes to protect the security of Users’ personal information. Warm Corp West shall not share personal data with any third party, except as provided in this Privacy Policy. Warm Corp West shall employ the necessary precautions, at all times, to safeguard personal data from unauthorized access, disclosures, or other breaches.

 

Despite Warm Corp West’s best efforts, the transmission of personal information on the Internet is never 100% secure. Warm Corp West cannot guarantee the security of your personal data transmitted via the Website. You acknowledge that your provision of personal data on the Website shall be at your sole risk. You further agree that Warm Corp West shall not be responsible for any unauthorized usage, distribution or sharing of personal data, except to the extent required by applicable laws.

 

1. THIRD PARTY LINKS

 

The present Privacy Policy applies solely to the Website, and does not apply to any third party links, services, websites and/or applications (collectively, the “Third Party Links”). Some portions of our Website may allow you to connect with or direct you to Third Party Links.

 

Such Third Party Links are unrelated to Warm Corp West, and may not be affiliated with Warm Corp West.

 

Any provision of personal information to Third Party Links shall be governed by third party’s policies and terms. Warm Corp West disclaims any liability for information that may be provided by such Third Party Links. The foregoing disclaimer shall not affect your rights against the third party.

 

1. COOKIES

 

The Website may use a technology commonly referred to as “cookies”. Cookies consist of small data files that are downloaded on Users’ devices or computers when they visit a particular website. Cookies allow for the recognition of the device upon which Users access the Website. Downloaded cookies recognize a User’s device and are capable of tracking browsing history. They may also save a User’s preferences.

 

1. Disabling Cookies

 

You may disable cookies by turning them off or by adjusting your browser settings. Please note that some parts of the Website may not be optimized if cookies are turned off or disabled.

 

Another way to disable cookies is to opt out of third party advertising networks, such as Google Analytics and the Digital Advertising Alliance. This can be accomplished by downloading an ad blocker to filter online advertising. When an ad blocker is active on your device, cookies will usually be blocked as well.

 

1. UPDATES TO THIS PRIVACY POLICY

 

Warm Corp West reserves the right to update, modify or amend this Privacy Policy at any time, at its discretion. The latest version of the Privacy Policy shall be published on the Website and shall specify the date of the update.

 

The latest version of the Privacy Policy shall be binding as of its publication on the Website. Your usage of the Website following the publication of the updated Privacy Policy shall be construed as your acceptance of the updated Privacy Policy.

 

1. UNSUBSCRIBING AND OPTING OUT

 

You may unsubscribe from Warm Corp West’s newsletter by selecting the unsubscribe option on the newsletter. You may also submit a request to unsubscribe or to opt out of the newsletter by sending Warm Corp West an email to this effect.

 

Upon opting out or unsubscribing from Warm Corp West’s newsletter, you may continue to receive emails from Warm Corp West regarding systems, services inquiries, administrative matters and this Privacy Policy.

 

You may manage your receipt of marketing and non-transactional communications by clicking the “unsubscribe” link located at the bottom of any Warm Corp West marketing emails or by emailing a request to contact@warmfloors.com.

 

1. QUESTIONS AND COMMENTS

 

Any questions or comments regarding this Privacy Policy should be sent to Warm Corp West by email (contact@warmcorpwest.com).

 

 

 

WARM CORPORATION WEST dba WARM FLOORS™

TERMS AND CONDITIONS

Updates:

January 13, 2021

November 2, 2026

 

Warm Corporation West, doing business under the names Warm Corp West and Warm Floors, is a corporation operating out of the State of California.

 

Warm Corp West owns and manages the websites www.warmcorpwest.com and www.warmfloors.com (collectively referred to as the “Website”). The Website provides a wide array of information relating to Warm Corp West’s business, including, without limitation, the systems available for purchase, news and updates, relevant projects, and Warm Corp West’s contact information.

 

The present Terms and Conditions shall govern the terms upon which users may visit, access or otherwise use the Website.

 

1. DEFINITIONS

 

When employed in these Terms and Conditions, the following capitalized terms shall have the meanings set forth hereinbelow:

 

“Portal” shall refer to the client portal to be implemented and accessible by way of the Website. The Portal shall grant the accessing User information pertaining to the projects involving the User, including, without limitation, proposals, contracts, change orders, plans and schematics.

 

“Terms and Conditions” shall refer to the present Terms and Conditions and all amendments, modifications and supplements made to the Terms and Conditions from time to time.

 

“Users” shall refer to the users of the Website collectively, and “User” shall refer to each individual user of the Website. Every User of the Website may be designated as “you”, “your”, “yours”, and other similar expressions in these Terms and Conditions.

 

“Warm Corp West” shall refer to Warm Corporation West, a corporation incorporated under the laws of the State of California, and doing business under the names Warm Corp West and Warm Floors.

 

1. APPLICABILITY OF THESE TERMS AND CONDITIONS

 

Your visit and usage of the Website shall constitute your acceptance of these Terms and Conditions, in full and without modification.

 

Your access, use, participation in and/or visit to the Website shall further be construed as your engagement and agreement to comply with these Terms and Conditions

 

These Terms and Conditions constitute a binding and enforceable agreement between you and Warm Corp West with respect to your usage of the Website and the content provided thereon. You acknowledge that Warm Corp West shall not be bound by any terms or agreements except for the present Terms and Conditions, unless otherwise indicated in these Terms and Conditions or as specified in writing by Warm Corp West.

 

If you do not agree with these Terms and Conditions, in full or in part, your sole recourse shall be to not use the Website.

 

1. ELIGIBILITY

 

To be eligible to use the Website, you confirm the following to Warm Corp West:

1. You are at least eighteen (18) years old, or you reached the age of majority in your country of residence.

2. You are authorized to enter into binding agreements.

3. Your access and usage of the Website will not conflict with any order, judgment, agreement or relationship to which you are legally bound.

 

1. UPDATES TO THESE TERMS AND CONDITIONS

 

Warm Corp West reserves the right to update or modify these Terms and Conditions without notice, at its discretion. The latest version of these Terms and Conditions shall be binding and effective as of its publication on the Website.

 

In consideration thereof, Warm Corp West encourages you to review these Terms and Conditions periodically to ensure you are familiar with the latest version thereof.

 

Your access to or usage of the Website following the publication of the updated Terms and Conditions shall constitute your acceptance of such updated Terms and Conditions.

 

1. INFORMATION PUBLISHED ON THE WEBSITE

 

Warm Corp West sells, designs, installs and services heating and cooling systems for residential, commercial, industrial and institutional clients in the State of California. The Website provides information relating to the heating and cooling systems offered by Warm Corp West as well as the installation, design, and servicing thereof. The information published on the Website is provided for reference and information purposes.

 

The information published on the Website is intended to be construed as general information regarding Warm Corp West’s projects and activities. The content published on the Website is not intended to be construed as a recommendation, or as advice regarding heating or cooling systems or projects to which Warm Corp West is a party. The content published on the Website is for your own convenience and reference, and is not intended to be construed as a replacement for a professional consultation or project.

 

To obtain a personalized quotation or to obtain specific information, you are invited to contact Warm Corp West in the manner specified under the “Contact” portion of the Website.

 

While Warm Corp West employed and continues to employ its best commercial conscientious efforts to ensure the content published on the Website is accurate, updated and relevant, Warm Corp West does not guarantee that all information published on the Website is accurate, complete or reliable. You acknowledge that your reliance on any statement or information published on the Website shall be at your sole risk.

 

Warm Corp West reserves the right to correct any inaccuracies, errors, or omissions in any portion of the Website. Warm Corp West further reserves the right to make changes to the Website and to the information provided thereon at any time, at Warm Corp West’s sole discretion.

 

In consideration of the above, you agree to assume all risks associated with decisions, actions and omissions made on the basis of the information provided on the Website. Warm Corp West hereby declines all responsibility and liability for actions, inactions and decisions made by you in reliance upon the information published on the Website.

 

You are permitted to copy and use the content published on the Website for personal and commercial use and reference purposes. You agree that any reproduction, copy or extraction of information published on the Website shall effectively list Warm Corp as the author of such content, unless otherwise specified on the Website or by Warm Corp West.

 

1. Users outside the United States

 

Warm Corp West does not represent or guarantee that the content published on the Website shall be appropriate or available to Users located outside of the United States. Users of the Website who do not reside in the United States recognize that all or part of the information on the Website may not be available or suitable in regions outside the United States. If a User chooses to access the Website from outside the United States, the User shall be responsible for complying with all laws applicable in the User’s country of residence.

 

1. ACCESS TO PORTAL

 

Warm Corp West is in the process of establishing an online Portal, which shall be accessible via the Website. The Portal shall allow a User to access information regarding the project(s) to which the User is involved, including but not limited to proposals, contracts, change orders, plans and schematics.

 

The Portal shall further allow the User to view projects, pricing, services and product descriptions which may be of interest or otherwise relevant to the User. The User acknowledges that private information regarding projects involving the User may be accessible and available through the Portal.

 

While the general content published on the Website may be available to you without a User account, any information regarding specific projects to which you are involved shall be published solely on the Portal, which shall be accessible via a valid User account.

 

1. Creation of User Accounts

 

The Portal shall be password-protected. To gain access to the Portal, the User shall be required to create a User account on the Website. To create the User account, the User agrees to follow the instructions set forth on the Website, once available and published thereon.

 

The User may need to provide its name, occupation, email address, phone number and contact information for purposes of creating the User account. Any personal information contained in your User account shall not be publicly displayed on the Website. Such personal information shall be stored and handled in accordance with Warm Corp West’s Privacy Policy.

 

Please be assured that your personal information shall never be sold, leased, rented, transferred or otherwise transmitted to an unauthorized third party in accordance with the terms of Warm Corp West’s Privacy Policy.

 

Your username and password should be kept confidential and are personal to you. You remain responsible for all activities that occur under your User account, even if you did not explicitly authorize such activities. For this reason, Warm Corp West encourages you to protect your User account by selecting a strong password. To safeguard your User account, Warm Corp West encourages you to change your password immediately if you believe your password may have been compromised or used without authorization.

 

If you suspect that your User account may have been compromised or is subject to a breach, please notify Warm Corp West in accordance with the requirements set forth in these Terms and Conditions. You also agree to immediately notify Warm Corp West of any apparent breaches of security such as loss, theft or unauthorized use of your username or password.

 

1. PAYMENTS

 

Users may not purchase products or services from Warm Corp West via the Website. Unless otherwise indicated, any payments for products or services shall be handled exclusively by Warm Corp West outside of the Website. Users are invited to communicate with Warm Corp West to obtain a personalized quotation or any information regarding payment matters and costs.

 

1. CLOSING USER ACCOUNTS

 

Warm Corp West reserves the right to suspend, delete, deactivate or otherwise terminate the User account of any User who fails to comply with any provision of these Terms and Conditions, or who fails to use the Website in a lawful and authorized manner according to the parameters provided by Warm Corp West.

 

Warm Corp West further reserves the right to suspend, delete, deactivate or otherwise terminate the User account of any User who fails to pay the sums owed to Warm Corp West on their due dates, without valid justification.

 

Any suspension, deletion, deactivation or termination of a User account by Warm Corp West shall be at its sole discretion, and without liability. While under no obligation to do so, Warm Corp West may send the User an advanced written notice prior to terminating its User account.

 

You may terminate, delete or close your User account on the Website at any time by following the instructions specified on the Website, if applicable and available.

 

1. OBLIGATIONS RELATING TO THE USAGE OF THE WEBSITE

 

You shall be responsible for using the Website in accordance with these Terms and Conditions, and applicable laws and regulations.

 

You shall be liable for all actions, communications and omissions in connection with your usage of the Website. You agree not to engage in unacceptable use of the Website, which includes, but is not limited to using the Website to:

 

• Engage in any unlawful or illegal practices, or encouraging others to use the Website for such purposes;

• Violate or infringe any applicable law, regulation or policy, including legislation applicable in your country of residence;

• Share, transmit or otherwise maliciously download a virus or harmful components;

• Collect personal data about users of the Website, without having obtained the required permissions and consents;

• Hack, install spyware, or reverse engineer the Website;

• Omit to provide relevant information to Warm Corp West or on the Website, as requested;

• Damage, disable or otherwise attempt to delete the Website, or any portion thereof;

• Distribute, transmit or solicit spam mail, bulk communications, or other unsolicited materials;

• Engage in any conduct that violates these Terms and Conditions or, that may give rise to liability.

 

The list of prohibited behavior on the Website provided hereinabove is for illustration purposes. It should not be construed as an exhaustive list of all prohibited conduct. Rather, it should serve as a guideline to help the Users determine which conduct is deemed unacceptable.

 

Warm Corp West reserves the right to terminate, suspend or otherwise delete a User account if the account holder engages in any of the prohibited behavior described in these Terms and Conditions. Any termination of a User account by Warm Corp West shall not give rise to liability of any kind.

 

1. INTELLECTUAL PROPERTY

 

The content published on the Website may include trademarks, images, intellectual property, marketing materials, promotional documents and other proprietary documentation. The Website’s content is proprietary to Warm Corp West and may not be copied, distributed, reproduced or shared without referencing Warm Corp West as the author thereof.

 

Any intellectual property published on the Website, including trademarks, images, marketing materials, promotional documents and other proprietary documentation, may be protected by intellectual property laws in the United States. All rights relating thereto are reserved.

 

These Terms and Conditions shall not be construed as granting Users a license or right to any trademarks, images, intellectual property, marketing materials, and promotional documents of Warm Corp West, or any of its affiliates, if applicable.

                                         

1. DIGITAL MILLENNIUM COPYRIGHT ACT

 

In accordance with the requirements in the Digital Millennium Copyright Act (the “DMCA”), Warm Corp West undertakes to respond to takedown notices to prevent copyright infringement.

 

Warm Corp West encourages you to report any potential copyright infringement on the Website or with respect to the content published on the Website.

 

If you are the owner or authorized licensee of an intellectual property right or trademark and have reason to believe your intellectual property or trademark has been published on the Website in violation of your rights, please submit a written notice to Warm Corp West. You may also submit a written notice to Warm Corp West if you have reason to believe any content published on the Website violates a third-party intellectual property right.

 

Any notice reporting a potential intellectual property violation shall contain the following information:

1. A valid link to the content or page, which is subject to the intellectual property infringement or copyright claim.

2. Details regarding the trademark or intellectual property’s conception or development, photos, links, and other relevant information regarding the intellectual property.

3. Your contact information, including your name, phone number and email address.

4. If you do not hold the intellectual property right subject to the notice, please describe your interest with respect thereto. You may be asked to submit proof that you are authorized to act on behalf of the intellectual property owner or holder.

5. Your notice should specify that it was prepared in good faith and that all statements contained therein are true to the best of your knowledge.

 

The notice must be manually or electronically signed and dated.

 

Every notice received by Warm Corp West shall be reviewed in accordance with the principles set forth in the DMCA. If the notice is justified, Warm Corp West shall delete and withdraw the infringing trademark or intellectual property from the Website.

 

1. THIRD PARTY LINKS

 

To provide increased value, the Website may provide links to websites, sites and applications operated by third parties. The links provided are for information and reference purposes. Such links are not governed by these Terms and Conditions.

 

You acknowledge that Warm Corp West may not be affiliated with such third-party providers, and you agree to visit, access and use the third-party links at your own risk.

 

1. DISCLAIMERS, WARRANTIES AND GUARANTEES

 

To the fullest extent permitted by applicable law, the Website is provided “as is” and “as available” without any warranties of any nature, whether express, implied, or statutory. For the avoidance of doubt, all such warranties with respect to the Website and the information published thereon are expressly disclaimed by Warm Corp West.

 

Warm Corp West does not warrant that the Website will be accessible at all times, without error and interruptions. You acknowledge that Warm Corp West will not be liable for any service interruptions, including, without limitation, system failures, power outages, or other interruptions due to causes outside of Warm Corp West’s control.

 

Warm Corp West uses its best efforts to ensure the content published on the Website is up to date, accurate and applicable. Despite Warm Corp West’s best commercial efforts, Warm Corp West disclaims all liability for content published on the Website that is unreliable, inapplicable or otherwise unusable.

 

1. EXCLUSIONS OF LIABILITY

 

To the fullest extent permitted by applicable law, Warm Corp West shall not be liable for any and all claims, demands, actions, causes of action, damages, losses, liabilities, judgments, costs and expenses including, without limitation, charges arising out of or in connection with your usage and access to the Website and to the content provided thereon.

 

Warm Corp West further disclaims all liability for any incidental, indirect, or consequential damages, technical issues, system failures, lost profits, loss of business, injuries, or damages of any nature, except to the extent prohibited by applicable law.

 

You acknowledge that your usage of the Website shall be at your sole risk, to Warm Corp West’s full exclusion.

 

In exchange for using and accessing the Website, you agree to release and discharge Warm Corp West from all claims, losses, damages, liabilities, obligations, rights, remedies and causes of action that you have, may have or had against Warm Corp West arising out of your usage of the Website, the content published thereon, and dealings with Warm Corp West.

 

1. INDEMNIFICATION

 

You agree to indemnify and hold Warm Corp West harmless from and against all losses, damages, liabilities, costs and expenses in connection with any claims, actions, proceedings, investigations or suits brought by a third party, arising out of (i) your usage of the Website, (ii) your breach of these Terms and Conditions, applicable legislation or regulations and/or (iii) your gross negligence, recklessness or intentional misconduct.

 

1. ENTIRE AGREEMENT

 

These Terms and Conditions, together with Warm Corp West’s Privacy Policy, shall constitute the entire agreement between you and Warm Corp West with respect to the Website and matters relating thereto.

 

1. WAIVERS

 

Warm Corp West shall not be deemed to have waived any of its rights or privileges under these Terms and Conditions, by conduct, lapse of time or by any statement or representation other than (i) by an authorized representative of Warm Corp West and (ii) in an explicit signed written waiver. No waiver of a breach of these Terms and Conditions shall constitute a waiver of any prior or subsequent breach of these Terms and Conditions.

 

1. SEVERABILITY

 

Any provision of these Terms and Conditions which is, or becomes, illegal, invalid or unenforceable as per a competent legal authority or court of law shall be severed from these Terms and Conditions. The severed provision shall be ineffective. The remaining provisions of these Terms and Conditions shall remain enforceable and binding.

 

1. GOVERNING LAW

 

These Terms and Conditions are governed by the laws in effect in the State of California and the applicable federal laws.

 

1. ARBITRATION PROCEEDINGS

 

Unless you explicitly opt out of the arbitration process in accordance with these Terms and Conditions, you agree that any claim, difference, dispute, question or controversy (each, a “Claim”) in connection with these Terms and Conditions shall be resolved by arbitration.

 

Prior to undertaking any arbitration proceeding, you agree to use reasonable commercial efforts to resolve the Claim informally and amicably. Should such efforts prove unsuccessful in resolving the Claim within two (2) calendar months, West Corp West may refer the Claim to arbitration. The arbitration shall be administered according to the JAMS Comprehensive Arbitration Rules and Procedures.

 

The arbitration proceedings shall be held virtually, if permitted, or in the city of Napa (California). The language used in the arbitral proceedings shall be English. The arbitration award shall be confirmed in writing and the arbitrator(s) shall be instructed to conduct the arbitration rapidly and efficiently, unless the subject matter of the Claim requires otherwise. The arbitration award shall be final and binding.

 

1. Opting Out of Arbitration

 

To opt out of the arbitration process described in this Section, you must submit a written notice to Warm Corp West, specifying your reasons for opting out of arbitration as well as your contact information. If the notice was is validly provided, Warm Corp West shall not submit any Claim involving you to arbitration.

 

In such cases, the competent courts located in the city of Napa shall have jurisdiction over the Claim.  

 

1. FORCE MAJEURE

 

Force Majeure events consist of irresistible, unpredictable and unforeseeable events that are beyond Warm Corp West’s control. Force majeure events can include, without limitation, epidemics, pandemics, emergency orders, government acts, wars, acts of God, failure of telecommunication networks, hurricanes, fires and other natural disasters.

 

Warm Corp West’s obligations under these Terms and Conditions shall not be enforceable during a Force Majeure event. During a Force Majeure event, Warm Corp West’s obligations shall be suspended.

 

1. NOTICES

 

Any notices required under these Terms and Conditions, such as a request to cancel or close a User account, must be prepared in writing and sent to Warm Corp West by email or via the Website’s “Contact” section.

 

Moreover, Warm Corp West may send notices and updates to Users regarding the Website, your User account, and/or the content published on the Website. These notices shall be submitted by email or as a notification on the Website.

 

Considering Warm Corp West may communicate with Users by email, Users are responsible for providing their current and valid email addresses. If the email address provided by a User is incorrect or no longer valid, any notice sent by Warm Corp West shall nonetheless be deemed effective under these Terms and Conditions.

 

1. QUESTIONS AND COMMENTS

 

Users may submit questions, support requests, inquiries, comments regarding these Terms and Conditions to Warm Corp West by sending an email to contact@warmfloors.com. Any reported breaches of these Terms and Conditions should also be submitted to Warm Corp West by email.