"Esposito Design" in these terms refers to Esposito Design, Inc., Esposito Design, Inc. d.b.a. "The Plan Lab", and it's owners, officers, employees, consultants, agents, and affiliates.
"Content and Services" refers to the digital content (e.g. .rfa, .rvt, and other digital files and content) offered for sale on our website, as well as our delivery of that content to you.
"Business Days" refers to Monday, Tuesday, Wednesday, Thursday, and Friday and excludes weekends and holidays.
Order Processing, Warranties, and Disclaimers
After you purchase our Content and Services, we will send you a link to download the purchased Content and Services to an email address that you supply (typically through PayPal). The email will be sent as soon as reasonably possible (usually within a matter of hours) but we will not be held liable for delays.
We strive to ensure that our Content and Services are of a commercially reasonable level of quality but there are certain things that we do not promise about our Content and Services.
Esposito Design provides Content and Services "as is" and does not make any promises, commitments, and warranties about our Content and Services such as the functions of the Content and Services or its availability, reliability, or ability to meet your needs.
Our Content and Services are intended for use on residential projects only. Our Content and Services are only intended for aesthetic design and must not be used to determine or suggest structural performance or other non-aesthetic aspects of design such as building durability or performance. Please read and watch any accompanying informational content demonstrating the use of the Content and Services prior to purchasing to ensure that it will meet your expectations for use.
Esposito Design will not be responsible for damages or losses of any kind (e.g. financial losses) or indirect, special, consequential, exemplary, or punitive damages.
The total liability of Esposito Design for any claims under these terms is limited to the amount you paid Esposito Design for our Content and Services.
Upon purchase of Content and Services, the purchaser accept full responsibility for the use of the Content and Services, any and all consequences and effects arising from the use and interpretation of the Content and Services, and any works created using the Content and Services by purchaser and/or by third parties.
If you use our Content and Services, you accept these terms. You will hold harmless and indemnify Esposito Design and its owners, officers, employees, consultants, agents, and affiliates, from any claim, suit or action arising from or related to the use of the Content and Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Business Use of our Content and Services
If you are using our Content and Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Esposito Design and its owners, officers, employees, consultants, agents, and affiliates, from any claim, suit or action arising from or related to the use of the Content and Service or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
By purchasing our Content and Services, purchaser certifies that he or she has the authority to bind the business on behalf of which purchaser is using our Content and Services, and that purchaser has the authority to satisfy the terms outlined in this agreement on behalf of that business.
Additional Terms and Conditions
We may modify these terms or any additional terms that apply to Content and Services to, for example, reflect changes to the law or changes to our Content and Services. All changes will become effective immediately upon posting. If you do not agree to the modified terms for Content and Services, you should discontinue your use of our Content and Services.
If any part of these terms are declared unenforceable or invalid, the remainder of the terms will continue to be valid and enforceable.
Governing Law and Consent to Jurisdiction and Venue
These terms, and any dispute arising out of the Content and Services provided by Esposito Design, shall be governed by laws of the State of Florida.
Each party hereby irrevocably consents to the exclusive jurisdiction and venue of any Florida court located within St. Johns County, State of Florida in connection with any matter arising out of this agreement and/or the transactions contemplated under this agreement and/or the purchase and/or use of our Content and Services.
Each party hereby irrevocably agrees that process may be served on it in any manner authorized by the Laws of the State of Florida for such Persons, and waives any objection which it might otherwise have to service of process under the Laws of the State of Florida.