**Welcome to Enco Paints and Sealers Puerto Rico (the "Site"), a website where you can purchase tools and construction materials (the "Service"). The Service is provided by Store Company Inc ("ENCO" or "We", "Us", "Our"), including all information and tools available on the Site.**

**This document contains the Terms of Use (the "Terms") that govern your relationship with Us while using our Site and Service. By visiting or purchasing within this Site, you agree to these Terms, so please read them carefully, as they will determine how you may use the Site and the Service, how We (and do not) are liable to you, what responsibilities lie with you and with us, and other key obligations, subject to each term and obligation being valid in your country.**

**By using our Site and Service, you agree to these Terms. That is, before you start using the Site, take a moment and read these Terms carefully. If you have any questions, please write to us! If you disagree with any particular provision or term, STOP and cease using the Site immediately. We want you to feel comfortable using our Site, but we can only do that when both you and We agree on the terms that will govern the use of the Site and the Service.**

**We reserve the right to edit and change these Terms occasionally. Each time we do, we will post the updated Terms on our Site, which will take effect from the date of their publication. If after the publication of the updated Terms you continue to use the Site, you will have accepted the new Terms.**

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**User Accounts and Privacy**

**When using this Site, you will provide Us with certain personal information, which we will use according to our Privacy Policy. It is very important that you read our Privacy Policy, which is a separate document, so you understand how we use, manage, and share your information and activity within the Site.**

**To use the Service, you may create an account ("Account"), where you can store your personal information, such as your first name, last name, address, email address, and phone number. By creating your Account to use this Site, you will select a username and password. You are responsible for maintaining the confidentiality of your Account username and password, restricting access to your computer, and agree to assume responsibility for all activities that occur under your Account username and password.**

**By accepting our Terms, you agree that you are of legal age in your state of residence. If you are under eighteen (18) years old, you may only use Our site with the express consent or authorization of a parent or guardian. Therefore, if you are under the age of majority in your state, by using this Site, you agree that you have obtained the express consent or authorization, or are using this Site with the involvement of your parents or a guardian.**

**We reserve the right, at our sole discretion, and without prior notice, to deny access and use of the Site or Service to any person for any reason or without reason, including, but not limited to, the breach of any representation, warranty, or covenant contained in these Terms, or any applicable law or regulation.**

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**Site Maintenance**

**We will do our best to ensure you have the best possible experience when visiting Our Site and using Our Service. However, the Internet (and the providers that keep us connected) may occasionally experience delays, downtime, or interruptions. Therefore, you acknowledge that, although the Internet is regularly a safe environment, there are sometimes interruptions in the Service or events that are beyond Our control, and that we will not be responsible for data lost during the transmission of information over the Internet. Although Our goal is to make the Site accessible 24/7, the Site may not be available from time to time for any reason, including, but not limited to, routine maintenance. You understand and acknowledge that due to circumstances beyond Our control, access to the Site may be interrupted, suspended, or terminated from time to time.**

**We reserve the exclusive right to change or discontinue any aspect or feature of the Site at any time, including, but not limited to, content, hours of availability, and the equipment required to access or use it. Additionally, we may cease to disseminate any portion of information or category of information, change or remove any transmission method, and change transmission speeds or other signal features.**

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**Electronic Communications**

**When you visit this Site and/or send us emails, you are communicating with us electronically and, therefore, you agree to receive electronic communications from us, including by email or through the posting of notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy all legal requirements that such communications be made and delivered in writing.**

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**Orders and Warranties**

**We cannot guarantee the availability of any product displayed on the Site and reserve the right to discontinue the sale or limit the quantities of any product offered on the Site at any time without prior notice.**

**Prices shown on this Site are quoted in US dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or applicable sales taxes, which will be added to the total invoice price. You are responsible for paying shipping charges and any state and local sales or use taxes applicable to your order. Prices for products offered on the Site may vary from other advertised prices due to varying conditions in different geographic markets. We do not guarantee that any content on the Site is accurate or complete, including pricing information and product specifications.**

**Products offered on the Site may be offered and sold with a manufacturer's standard warranty. The terms, duration, and limitations of such warranty will be disclosed in the warranty terms provided by the manufacturer. ENCO does not offer any additional warranty beyond the manufacturer's standard warranty or a standalone warranty for any of the products offered on the Site.**

**All billing and registration information provided by you must be accurate, complete, and correct. Submitting inaccurate, incomplete, or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products or services you have ordered.**

**All purchases made through the Site are governed by a shipping contract. The risk of loss and title of the purchased products transfer to you at the moment ENCO delivers the items or products to the carrier. Receiving an order confirmation via email does not guarantee acceptance of an order.**

Intellectual Property

You own and are responsible for the content and information published or transmitted by you on the Site, and you can control how this information is shared through your privacy settings. You automatically grant or warrant that the content owner has expressly granted us a free, perpetual, irrevocable, worldwide, unlimited, and non-exclusive license to use any content you publish. We may sublicense your rights through multiple levels of sublicenses.

Similarly, Our Site, including its components and in its entirety, its logos and trademarks (“Marks”), images, text, video, audio, software, content, and arrangement thereof (“ENCO Content”), is protected by applicable copyright and trademark laws (as applicable). We grant you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to (i) download and use the Site on your personal device(s); and (ii) access and view any ENCO Content available on or through the Site and accessible to you, solely for your personal and non-commercial use. You will not remove, alter, or obscure any copyright, trademark, or other proprietary notices incorporated into or accompanying the Site or ENCO Content. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or exploit the Site or ENCO Content. No licenses or rights are granted implicitly or otherwise under any intellectual property rights we or our licensors own or control, except for the licenses and rights expressly granted in these Terms.

To enable you to share Our Site through links, you are granted a limited and non-exclusive right to create a text link to the Site, provided that such link does not falsely represent us or the Service in a misleading, derogatory, or defamatory manner and provided that the linking site does not contain any adult or illegal material or any material that is offensive or objectionable. This limited right may be revoked at any time. You may not use Our registered Marks to link to the Service or create a link in any way that suggests any form of association, endorsement, or sponsorship by us without our express written permission. Additionally, you may not use, frame, or employ framing techniques to attach any of our Marks, ENCO Content, other proprietary information, including images found on the Service, any text content, or the design/arrangement of any page or form contained on a page of the Service or Site without our express written consent. Except as stated above, no implied rights or licenses are granted under any patent, trademark, copyright, or other proprietary rights of ENCO or third parties.

California

Due to California privacy regulations and legislation, the Site is currently not available to residents of the state of California.

Indemnification and Liability Disclaimers

Third-Party Content

By using our Service and/or Site, you may be exposed to third-party content (“Third-Party Content”), whether on our Service or via links to third-party websites. We do not control, endorse, or adopt any Third-Party Content and will not have any responsibility for Third-Party Content, including but not limited to material that may be misleading, incomplete, inaccurate, offensive, indecent, or objectionable. You must evaluate and assume all risks associated with Third-Party Content, including but not limited to other users of Our Services.

Warranties

IF YOU USE OUR SITE AND/OR SERVICE, YOU DO SO AT YOUR OWN RISK. OUR SITE, SERVICE, AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT IN CONNECTION WITH THE SITE AND THE SERVICE, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SITE OR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION OBTAINED THROUGH OUR SITE OR SERVICE WILL BE ACCURATE OR RELIABLE.

ENCO DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAILS SENT FROM ENCO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU ACCESS OR TRANSMIT ANY CONTENT, INCLUDING YOUR PERSONAL INFORMATION, THROUGH THE USE OF OUR SITE OR SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM SUCH ACCESS OR TRANSMISSION; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Limitation of Liability

SUBJECT TO APPLICABLE LAW, NEITHER ENCO NOR OUR DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, AFFILIATES, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE PRODUCTS OFFERED ON THE SITE, OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AND UNAMBIGUOUSLY WAIVE ANY CLAIMS, DEMANDS, OR OTHER LEGAL ACTIONS AGAINST US FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THROUGH THE SERVICE.

NO DATA, INFORMATION, OR ADVICE OBTAINED BY YOU ORALLY OR IN WRITING FROM US OR THROUGH OUR SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS.

WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS CAUSED BY REASONS BEYOND OUR CONTROL, SUCH AS BUT NOT LIMITED TO POWER OUTAGES, INTERNET OR COMMUNICATION FAILURES, FIRES, FLOODS, EARTHQUAKES, TORNADOES, HURRICANES, WARS, PANDEMICS, ACTS OF GOD, FORCE MAJEURE, OR THE OCCURRENCE OF ANY OTHER CONTINGENCY OR UNFORESEEN EVENT BEYOND ENCO'S CONTROL.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SITE, SERVICES, OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED UNITED STATES DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CERTAIN DAMAGES. THEREFORE, SOME OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless ENCO (and each of Our officers, directors, members, shareholders, employees, agents, and affiliates) from any claim, demand, action, damage, loss, judgment, cost, or expense, including but not limited to reasonable attorneys' fees and costs arising from or related to your use of Our Site and/or Service; (b) your breach of these Terms; (c) your violation of any rights of another; and/or (d) your conduct in connection with the Site and/or Service. If you are required to indemnify us, we will have the right, at our sole discretion, to control any action or proceeding and determine whether we wish to settle and on what terms.

Dispute Resolution

We will always work in good faith with our users to resolve any disputes or issues that may arise in the most constructive and efficient manner for all parties. However, if we cannot resolve a dispute satisfactorily to you, then you and ENCO agree to arbitrate any dispute arising out of these Terms or related to the Services, except that you and ENCO are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. You and ENCO agree to notify each other of any dispute within thirty (30) days of its arising, to attempt informal resolution before any demand for arbitration, that any arbitration will occur in Puerto Rico, and that arbitration will be conducted confidentially by a single arbitrator in accordance with the American Arbitration Association Rules, excluding any rules or procedures governing or permitting class actions. These Terms will be exclusively interpreted and governed by the laws of Puerto Rico without regard to its conflict of laws provisions or the laws of any other state or country or your actual state or country of residence. You and ENCO also agree that the state or federal courts in Puerto Rico will have exclusive jurisdiction over any appeal of an arbitral award and any lawsuits between the parties not subject to arbitration. Except for class actions discussed below, the arbitrator has the authority to award any relief that would otherwise be available in court. IF THE DISPUTE IS HEARD IN ARBITRATION OR COURT, NEITHER YOU NOR ENCO WILL INITIATE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE ACTION OR PROCEEDING.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending written notice of your decision to opt out to the following address: 43 Baldorioty Street, Cidra PR, 00739. The notice must be sent within thirty (30) days from the start of your use of the Site, otherwise, you will be bound to arbitrate disputes in accordance with the above Terms. If you opt out of these arbitration provisions, ENCO also will not be bound by them.

Miscellaneous

If any provision of these Terms is deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Any failure to enforce or delay in enforcing any provision of these Terms will not constitute a waiver of such provision or any other provision.

These Terms are the entire agreement between you and ENCO regarding your use of the Site and/or Service and supersede any prior or contemporaneous agreements or understandings, whether written or oral, related to your use of the Site and/or Service.

Contact Information

If you have any questions about these Terms, please contact us at: hello@encosoft.tech.