PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE BELOW. THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO CHANGE FROM TIME TO TIME. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS OF USE POSTED TO THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT ACCESS THIS WEBSITE.
This website (www.winstarbuilders.com) is administered and operated by Winstar Builders. These Terms and Conditions of Use ("Terms", “Terms of Use”) represent an agreement between you and Winstar Builders Inc. or its owners, subsidiaries, or affiliates (“Winstar Builders”) and govern your use of this website and any services, products, or content, including any or all commercial or residential building plans, landscaping designs, and all other design plans (“Plans”) made available via this website on occasion. Throughout the site, the terms “we”, “us” and “our” refer to Winstar Builders. Winstar Builders offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. This website together with such products or services will be referred to collectively as the “Site” in these Terms.
By visiting our site, purchasing products or services, or viewing any information provided, you engage in our “Service” and agree to be bound by the following terms and conditions ("Terms", “Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, clients, employees, merchants, and/or contributors of content.
Please read these Terms and Conditions of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
When you use this Site and comply with these Terms, Winstar Builders grants you a personal and non-transferable, non-exclusive, limited license to access and make personal and non-commercial use of Winstar Builders and Winstar Builders Design Services andto enter and use the Site. We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products, services, or content that we offer. All descriptions of services, products or product pricing, and content are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any service, product or product pricing, and content at any time. Any offer for any product or service made on this site is void where prohibited. These Terms and Conditions of Use do not alter or change in any way any other agreement between you and Winstar Builders. In the event there is any inconsistency or conflict between these Terms and Conditions of Use and any other terms and conditions of use that appear on the Site, these Terms will govern.
All content on the Site, (known collectively as “Content”), including but not limited to; all images, graphics, drawings, user interfaces, visual interfaces, design, software, computer code, text, data, brands, music, sound, artwork, the architecture, structure, arrangement, layout, selection, collection, logos, trademarks, and all other Site elements are owned by Winstar Builders Inc. or its licensors, third-party image partners, or vendors and are protected by copyright, patent, trade dress, moral rights, trademark, and other laws of the United States relating to the protection of intellectual property. We grant you permission to use the Site and its information and contents for your own personal use and for non-commercial or distribution purposes in the original form made available for you to download such as articles, knowledge base, FAQs, and similar materials provided you do not remove any copyright or intellectual property statements.
All trade names, trademarks, and service marks used by Winstar Builders are registered trademarks or registered service marks or trademarks or service marks of Winstar Builders.
Other trade names, trademarks, service marks, or product names found within the Contents of the Site including products listed for sale are registered trademarks or registered service marks or trademarks or service marks of their respective owners and are not affiliated with Winstar Builders or its subsidiaries. Reference to any products, services, processes, or other information by trademark, trade name, supplier, and manufacturer or otherwise does not imply or constitute endorsement, recommendation, or sponsorship by Winstar Builders.
All rights are reserved and retained by Winstar Builders or its licensors, suppliers, content providers, or publishers.Without prior written consent by Winstar Builders you may not copy, republish, download, access, transmit, publicly display, translate, distribute, mirror, license, create derivative works from, sell, transfer, or reproduce for publication, transmission, or distribution to any Web Site, server, or printed medium for commercial or non-commercial purposes, any Content contained within this Site.
The Site is intended for use by adults 18 years or older. You must be at least 18 to order any and all products or services or otherwise use the Site in any way for any purpose.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you take full responsibility for allowing any of your minor dependents to use this site although this site is only intended for persons 18 years or older.
You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Account and Services. Furthermore, when using the Site, you agree that you will not violate any applicable present or future statues, regulations, orders, laws, rules, ordinances, requirements, codes or executive orders of any judicial or governmental authorities. You may not submit, give or transfer any content, pictures, video or different materials that are unlawful, destructive, fake, undermining, annoying, biased, offensive, slanderous, revolting, foul or in any case frightful or that may attack another's privilege of protection or exposure or encroach any Intellectual Property Rights or other restrictive privileges of any outsider; present any close to home data, including names or email addresses, relating to others; impersonate or imitate any individual or substance, dishonestly or in any case distort your representation of an individual or group, or deliberately enter errors for Your Information; abuse or endeavor to disregard the security of the Site; figure out or decompile any part of the Site; or scrape data from the Site via manual or automated means or in any way without written consent.
Your use of the Site is subject to Winstar Builders’ Privacy Policy. By using the Site you acknowledge and consent to Winstar Builders' collection, use, and sharing of information set forth in the privacy policy. Winstar Builders is committed to protecting your privacy and personal information.
Please refer to our Privacy Policy for information on how we collect, use, and disclose personal information.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information made available on this site is not accurate, complete, or current. Winstar Builders is not liable or responsible for inaccuracies, errors, omissions, or malicious computer code arising from your use of this Site or your use of the Services. You agree to accept all risks as to the accuracy, completeness, timeliness, validity, and correctness of any material, feature, or function of any product or service on this Site, and all information or advice made available through this Site or by any independent Third Party Provider. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. The content, including all blogs, articles, or “Ask an Expert” questions and responses, products, and services offered on the Site are provided for customer informational purposes only and may have errors, inaccuracies, omissions, historical, and are not current or up-to-date information. Nothing in the content, products, or services on this Site should be considered as or used to replace or substitute for personalized professional advice. We strongly advise all users to always consult and seek the advice of a licensed professional fully informed of your unique situation.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for our products or services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of your account and/or the Service. You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms or any law, statute, or regulation will result in an immediate termination of your Account and Services.
To access, use, or purchase certain features, products, or services offered on or through the Site, may require you to create and open an account (including a Winstar Builders Member Account, Winstar Builders ID, password, and profile(s) that contain personal information). For example, a Winstar Builders Account that includes your name, address, phone number, email address, and information about your property ownership, intent to build or renovate a home, intent to hire a licensed professional, or finances. For example, “Ask an Expert”, is a free service available to Winstar Builders Members and requires an account in order to participate but not to view a historical log of questions and answers. “Ask an Expert”, provided for customer informational purposes only, allows Winstar Builders Members to ask a licensed professional general questions, not intended to replace personalized professional advice, on various construction and real estate topics. No user is permitted to use anyone else’s account without the express consent and permission of the account holder.
In consideration of your use of the Site, you agree to: (a) provide current, complete, and accurate information about you as may be prompted by any forms found on the Site; (b) maintain and promptly update your Account Profile and Data, and any other information you provide to Winstar Builders as soon as possible when any changes arise so that all information is current, complete, and accurate; (c) accept all responsibility entirely for maintaining the confidentiality and security of the information you have for your account including but not limited to your username, password, and identification; (d) immediately notify Winstar Builders via phone, email, fax, or live chat of any unauthorized use or suspected unauthorized use of your account or other breach of security; (e) accept all responsibility and liability for any and all activities that occur under your account; and (f) accept all risks of unauthorized access and/or modification to the Account Profile and Data and any other information you provide to Winstar Builders; and (g) accept all liability for losses and damages incurred by Winstar Builders or any other visitor or user of the Site due to the unauthorized use of your account as a result of failing to keep confidential, protecting, or securing your account information such as your username, password, and identification. Winstar Builders will not be responsible or held liable for any losses or damages that occur due to failure to comply with these Terms and obligations.
In order to prevent unauthorized use of the Site and unauthorized access to your account(s) and information, you agree to keep confidential, protect, and secure your account information including but not limited to your account numbers, usernames, passwords, and identifications used to create and maintain an account on our Site. The loss, theft, or unauthorized use of your account numbers, usernames, passwords, and identifications may cause your account to be closed and could cause you to be held liable for losses and damages incurred by Winstar Builders, other visitors, or other users. By not protecting and keeping confidential your account numbers, usernames, passwords, and identifications, it could result in unauthorized access of your personal and sensitive account information that could be used for fraudulent purposes including identity theft. If you disclose your account numbers, usernames, passwords, and identifications to any other entity or person(s), you do so at your own risk and assume all risks and losses that may occur as a result of such disclosure, including all responsibility for any activities and transactions performed by your account. You agree to immediately notify and alert Winstar Builders by: phone at 1-302-281-5950, email at accountsecurity@winstarbuilders.com, fax at 1-302-281-5950, or live chat on our website www.winstarbuilders.com of any unauthorized use or suspected unauthorized use of your account or any other security breach.
All brands, product names, and logos are trademarks or registered trademarks of their respective companies. All Home Plans, Building Plans, and all other commercial or residential building plans, landscaping designs, and all other design plans (“Plans”) are property of their respective companies ("Licensor").
Overview
All of our Plans were created by designers or architects, each a “Licensor”. In return for payment of a one-time fee, the Licensor grants you the purchaser (“Licensee/User") a limited license to use the purchased Plans according to the designated license type, conditions, and terms of the respective Licensor. When you order Plans from Winstar Builders, you agree to the following Terms:
Plans owned by Winstar Builders or it’s subsidiaries: If the Plans copyright is owned by Winstar Builders or it’s subsidiaries, we own the copyright of the Plans and in return for a one-time fee, license the rights to use the Plans directly to you according to the designated license type, terms, and conditions.
Plans owned by a third party or Licensor: If we have licensed the rights to use the Plans from a Licensor, we either sublicense the rights for you to use the Plans or arrange for the Licensor to license the rights directly to you according to the designated license type, terms, and conditions of the respective Licensor.
Licensor Agreement
In the scenario described in clause 5.1(B) stated immediately above, you may be required, before you have the right to receive and use the Plans described, to enter into a licensing agreement with the Licensor (“Licensor Agreement”) in addition to these Terms. In the event you do not agree to enter into the Licensor Agreement, the order will be cancelled and you will receive a refund for the amount you already paid to Winstar Builders minus 10% of the amount (Non-Agreement Cancellation Fee) to purchase such rights. Any Licensor Agreement will supplement but will not replace these Terms. If any conflict or inconsistency arises between these Terms and a Licensor Agreement, every effort will be made to reasonably construe any conflicting or inconsistent provisions in a manner that resolves the conflict or inconsistency. Provided that if the conflict or inconsistency cannot be reasonably construed and resolved the manor stated, the more restrictive scope of rights to use the Plans provisions and the broader provisions regarding the obligations and limitations applicable to you and the Licensor’s liability shall apply.
Purchasing Plans
You may order Plans by paying money (“Plans Purchased”). You may give us the right to use your personal contact information and details for marketing purposes, as described below (“Free or Promotional Plans”). In all cases, you will be responsible for all applicable sales taxes or similar and shipping and handling costs, if specified. All orders to Winstar Builders are final and no refunds will be granted for any reason whatsoever. Unless otherwise specified all monetary amounts referenced on the Site refer to and are denominated in US Dollars.
Free or Promotional Plans Conditions: If Free or Promotional Plans are offered you agree that Winstar Builders may share the contact and other personal details or information you provided with other 3rd Party Companies, who may or may not use the information you provided to contact you by US Mail, Phone, Email, SMS/Text Message, or all other methods of communication such as by Digital Applications (Facebook, Whatsapp, ect.). Other 3rd Party Companies may contact you about products or services that they believe you may be interested in.
By ordering Free or Promotional Plans and consenting to the mentioned above conditions, you consent to receive phone calls, sms/text messages, other communications to any wireless or residential number you provided via automated phone dialing systems and/or pre-recorded messages. Winstar Builders will always attempt to ensure any 3rd Party Company that receives your information when ordering Free or Promotional Plans is vetted for compliance to all US laws and regulations however this cannot be guaranteed. Some 3rd Party Companies may be governed by foreign laws and regulations and/or may share information with companies governed by foreign laws and regulations may not comply with US laws and regulations.
License Agreement
When Winstar Builders provides you with “Purchased Plans” or “Free or Promotional Plans”, You (Licensee) are thereby granted, subject to these Terms, and if applicable any Licensor Agreement, a limited, non-exclusive license (“License”) to use the Plans to build the home depicted in the Plans (“Project”) only one time and to modify and reproduce the Plans solely to the extent required for satisfying the specific requirements of your specific jurisdiction building codes (State and Local), regulations, or ordinances in order to complete the Project.
In addition to any other requirements set forth in these Terms and if applicable any Licensor Agreement, you agree to comply with the following requirements, conditions, and restrictions to which the License is subject:
The License cannot be assigned, sublicensed, or transferred.
The License does not grant permission to re-use any of the Plans by you the Licensee/User for any purpose whatsoever
If you the Licensee/User would like to build an additional home or use the Plans for any purpose whatsoever, an additional use fee must be paid subject to additional conditions specified by Winstar Builders and written consent must be given by Winstar Builders.
You shall not authorize or permit anyone else to sell, redistribute, or publish the Plans, or otherwise disclose the Plans to anyone other than those persons reasonably required to have such Plans in order to construct one time a home or structure.
You may not use the Plans to create derivative works and in turn distribute said Plans with or without monetary payment. Creating derivative works explicitly violates this agreement.
You may make modifications as required to the Plans regarding your own use in constructing one time a home or structure in accordance with this agreement.
You agree that the Purchased Plans or Free or Promotional Plans you receive from Winstar Builders and/or Licensors must be reviewed and approved by a professional architect, or engineer before starting construction.
As obligated under these Terms and Conditions and Applicable Laws, you agree that you will and demand all other contractors or persons involved with the construction of a structure to purchase, keep, and maintain legally sufficient liability and all other insurance coverages with licensed insurance companies in your jurisdiction.
Customization of Plans
If you request that Winstar Builders or its Affiliates, Designers, or Licensors customize the Plans the following provisions apply:
Overview
Winstar Builders may customize or modify only Plans it owns. Any Plans owned and licensed by a Licensor may be customized or modified by the Licensor or an affiliate, in this agreement customized plans will be known as (“Customization Services or Customized Plans”). Accordingly, Winstar Builders and/or its Affiliates, Designers, Licensors will retain all IP Rights (Intellectual Property Rights) of any and all Customized Plans or Customized Services, even if you substantially contributed and collaborated to customize the Plans.
Scope of Work
At the point when you request Customized Plans or Customization Services, we will furnish you with a proposed scope of work ("Scope") of your solicitation, and a quoted price. The Customization Services will be regarded as finished when we furnish you with Customized Plans considerably consistent with the Scope.
Additional Services
In the event that you request updates, changes, or revisions to the Customized Plans or Customized Services after such conveyance, or in any case require any administrations outside of the Scope, those administrations will be considered "Additional Services" and subject to extra expenses as indicated in a subsequent price quote. Moreover, except if in any case explicitly determined in the Scope, Customization Services will exclude (i) architectural or engineering services required to make changes to the Plans for purposes of complying with State or Local Laws or building codes or to meet any requirements of any Applicable Laws; (ii) all cost estimating services, materials records, deductions and other related services; (iii) site assessment, evaluation, and selection services; (iv) design, development, and construction services relating to the contractor’s safety rules or to the techniques, methods, sequences, produces, or means required for the contractor or construction manager to perform their work, not relating to the final or completed structure; or (v) services required due to the failure or default of performance or termination of the contractor or construction manager by deficiencies or defects under their contract in the work of a contractor or construction manager.
Fees and Payments
If you choose to purchase Customized Plans or Customization Services, you will be regarded to have consented to pay the expenses of price quoted in US Dollars. In the event that you choose to buy Additional Services, you will in like manner be regarded to have consented to pay the price quoted. In all cases, you will be liable for installment of any reimbursable costs brought about in light of a legitimate concern for the requested service(s), including costs, increased by 10%, of specialists, consultants, shipping, faxes, photography, administration costs, significant long distance calls, travel and dinners, supplies, renderings and models and any additional time spent completing the requested work. Payment is expected at time of ordering Customized Plans or Customization Services, and additional fees when requesting any Additional Services. You will be required to pay the full amount or in installments if proposed before the start of the project by Winstar Builders. The amount is due when requested and any unpaid more than thirty (30) days after the date of Invoice, a late fee will be added at a rate equivalent to the 1.5% of the total amount for every month late or the maximum sum allowed under law. When ordering Customized Plans or Customization services and agreeing to the terms made known, you agree to pay for services delivered agreed to be considered satisfactory by any 3rd party person or company.
Customer or Client Responsibilities
Your responsibilities when ordering or purchasing Customized Plans or Customization Services include but not are limited to the following:
Providing complete and fully accurate information regarding custom changes, budget requirements, and all physical or information pertaining to the proposed construction site; Approving renderings, drawings and making decisions in a timely and prompt manner as necessary for the continuation and orderly progress of the Customized Plans or Customization Services and keeping in time with the prior agreed schedule; At your own expense obtaining all required land surveys or soil studies or any additional service necessary to construct a structure or receive building permits; Providing when requested a sketch and/or rough drawing and/or written description outlining and describing the proposed modifications or changes; Providing a written copyright release deemed satisfactory by Winstar Builders if you provide any designs or plans that will be used in part or in whole to create or complete the Customized Plans or Customization Services; Giving permission to access to the location of the project site at all reasonable hours and permit a Winstar Builders employee, affiliate, or hired independent contractor to photograph the project during construction and after completion for records and future use; Crediting the Licensor, Designer, or Affiliate involvement in the project’s design when advertising or promoting the project; Termination or Suspension.
Winstar Builders, Designers, Consultants, or Licensors and You the client/customer/user/purchaser may terminate the Customization Services at any time giving at least seven (7) days’ written notice sent certified mail to: Winstar Builders, Termination or Suspension of Customization Services, 29144 Finch Lane, Milton, DE 19968. If you terminate or suspend the Customization Services, you will not be entitled to any refund of amounts already paid. If Winstar Builders, Designers, Consultants, or Licensors terminate the Customization Services, you will be entitled to an equitable refund based on the portion of the Customization Services you may have prepaid but not has been completed and delivered, as reasonably determined by Winstar Builders, Designers, Consultants, or Licensors. No amount will be refunded for the original non-customized Plans. Winstar Builders, Designers, Consultants, or Licensors shall be entitled to compensation for all reimbursable expenses or services incurred up to 7 days after receipt of written notice of termination. If you decide to resume the Project after being terminated for more than 3 weeks (21 days) and should Winstar Builders, Designers, Consultants, or Licensors agree to resume work on the original agreed Customized Plans or Customization Services, there will be a Reactivation Fee accessed at 18% of the original customization fee due within (7) business days prior to resuming the project. In the event Winstar Builders, Designers, Consultants, or Licensors does not receive the agreed compensation when due within (7) business days, Winstar Builders, Designers, Consultants, or Licensors may without limitation of its other rights or remedies decide to suspend performance of the Customized Plans or Customization Services with or without notice.
Your Contractor’s, Sub-Contractor’s, or Builder’s Responsibilities
You acknowledge and agree to: (i) the following items listed and mentioned but not limited to this list are your Contractor’s, Sub-Contractor’s, or Builder’s and your responsibilities; (ii) you will use every effort to cause your Contractor’s, Sub-Contractor’s, or Builder’s to fulfill such responsibilities; and (iii) Winstar Builders, Designers, Consultants, or Licensors shall have no liability or responsibility with respect to such items listed:
Your Contractor, Sub-Contractor, or Builder is responsible for guaranteeing that all work is performed according to all required national, state, and local building regulations, and industry standards and all other Applicable laws or statutes.
Your Contractor, Sub-Contractor, or Builder is responsible for obtaining the required permits, inspections, or all other requirements from your local governmental agencies.
Your Contractor, Sub-Contractor, or Builder is responsible for assuring that all equipment, components, and construction materials are new and of sufficient quality.
Your Contractor, Sub-Contractor, or Builder is liable for guaranteeing that every single equipment, components, and construction material is used, adjusted, cleaned, applied, erected, connected, installed, conditioned, and operated as instructed by the manufacturer or distributor. Your Contractor, Sub-Contractor, or Builder must adhere to all guidance to support and protect all communicated or inferred guarantees and assurances. It is the duty of the Contractor, Sub-Contractor, or Builder to guarantee that all materials, equipment, and components are new and of sufficient quality.
Your Contractor, Sub-Contractor, or Builder is responsible for collaborating with you on decisions for the selection of materials and components all of which can create variations in dimension and details that are necessary to construct the structure.
Your Contractor, Sub-Contractor, or Builder is responsible for reviewing and approving the Plans prior to starting construction to approve, check, and verify all details regarding dimensions and for overall accuracy are sufficiently appropriate to meet your local codes and regulations.
Your Contractor, Sub-Contractor, or Builder is responsible for providing standard construction practices and details which will result in a safe, structurally sound, waterproof, and weatherproof completed structure. Your Contractor, Sub-Contractor, or Builder is responsible for all construction methods, techniques, and means along with ensuring the safety of anyone present at the job site including construction workers and any third parties.
Certain products or services may be available in store or exclusively online through the Site. These products or services may have limited quantities, may be customized, or may be special ordered and are not subject to return, refund, or exchange. For more detail, please review our Returns Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be fraudulent or invalid or placed by dealers, resellers, or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products, and services available via our Service may include or reference materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. Winstar Builders provides these third-party links to you only as a convenience and the inclusion of any link does not imply endorsement or affiliation by Winstar Builders of any site or any information, material, or content contained on a third-party site. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. You agree that Winstar Builders does not endorse third-party links and is not responsible or liable for any damages or losses incurred by communicating or transacting with a third-party.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. When you leave the Site and access another site our Terms no longer apply. When visiting another site, you should always review and be aware of the site’s terms, conditions, policies, privacy policies, and privacy practices. Please carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries or Ask an Expert) or without a request from us you send creative ideas, suggestions, proposals, files, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), or you post comments, photos, reviews, videos, or other similar content, you agree that we may at any time without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We do not accept unsolicited ideas, including ideas for new products or services or ideas for improving existing products or services. Except as expressly provided in our Privacy Policy any material, content, comments, feedback, or other submissions that you transmit or submit to this Site will be considered non-confidential and non-proprietary.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. You further agree to grant us a non-exclusive, worldwide, transferable, sub-licensable, non-proprietary, unrestricted, royalty-free, and irrevocable license to use, publish, distribute, modify, run, sell, lease, publicly display, translate, transmit, duplicate, and create derivative works in any medium or format of the content you transmit to us.
Your submission of personal information through the Site is governed by our Privacy Policy.For more detail, please review our Privacy Policy.
Important Disclosure Regarding Mobile Alerts, Telemarketing Calls, and SMS Messages:
We do not sell your personal information. All mobile alerts, telemarketing calls, and sms messages, will only be for educational or business purposes such as order updates, educational information, discounts, promotions, products, and services sent by Winstar Builders.
By providing your mobile number, you explicitly authorize Winstar Builders to deliver and cause to be delivered to you order and delivery status updates, mobile alerts, and promotional telemarketing telephone calls and text/sms messages using an automatic telephone dialing system and/or an artificial or prerecorded voice, including but not limited to text/sms messages and telemarketing telephone calls containing telemarketing messages and/or advertising messages. Providing your mobile number or entering into this agreement is not a required condition of purchasing any products or services.
Mobile Alerts: We may offer you the option to set up additional types of Mobile Alerts. You agree that we will not be liable to you in any manner whatsoever if we stop sending one or more Mobile Alerts that we have previously made available. We reserve the right to stop one or more Mobile Alerts at any time and without notice to you. In order to receive Mobile Alerts you must use your own wireless device capable of two-way messaging and use a participating national carrier with a telephone area code within the 50 United States, Puerto Rico, or the District of Columbia. By enrolling in our Mobile Alerts you certify and represent that you are the owner of the mobile number and you agree to promptly notify Winstar Builders or it’s affiliates you no longer own or are the primary user of the mobile number by texting "STOP" to the text/sms/mms number you received the text/sms/mms message from.
We may suspend or terminate your receipt of our text messages if we believe you are in breach of any of these Terms. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of text messages, with or without notice. Your receipt of our text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.
Opt-Out Information: To discontinue receiving messages from Winstar Builders or it’s affiliates, reply "STOP" to the text/sms/mms number you received the text/sms/mms message from. You will receive a confirmation text that you have been opted out. You may opt-out at any time. For additional help, contact us at info@winstarbuilders.com. Winstar Builders respects your right to privacy. Click here to view our privacy policy.
A Realtor (Real Estate Agent or Broker) is eligible for the Winstar Builders Realtor Rewards Program when the following terms and conditions are met:
1. The Realtor is a Delaware Licensed Real Estate Agent or Broker. The Realtor must complete the Realtor/Client Registration Form providing all required information. Each Client Registration is valid for twelve (12) months.
2. The Realtor must register their client before the Client contacts Winstar Builders or the Client meets with a New Home Specialist for the first time on the recommendation of the Realtor. The Client acknowledges they were referred to Winstar Builders by the Realtor.
3. Winstar Builders will pay only one commission of four percent (4%) of the contract amount. If the Client is registered by multiple Realtors, Winstar Builders will pay the Realtor designated by the Client at the time of signing the contract.
4. At the request of the Realtor, Winstar Builders may pay the Realtor commission prior to settlement if: the contract does not contain any contingencies, all deposit funds have been received, and the loan closing has occurred or proof of funds to close has been verified.
5. Winstar Builders reserves the right, at its sole discretion, to determine if the Realtor commission will be paid in whole or part before settlement. Winstar Builders will pay the Realtor commission no later than three (3) business days after settlement.
6. The Realtor expressly agrees to refund and reimburse Winstar Builders in full of any commission paid before settlement if at any time the Client does not settle on the property for any reason, the Client terminates the contract, the Client defaults on the contract, or the contract is not executed as agreed, or becomes unenforceable or void.
The Winstar Builders Realtor Rewards Program is subject to change without notice, exclusions may apply.
Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the "Stripe Terms of Use"). By using the Winstar Builders Platform to receive payment proceeds, you agree to be bound by the Stripe Terms, which may be modified from time to time. You authorize Winstar Builders to obtain all necessary access and perform all necessary activity on your Stripe Connected Account. You further agree to provide accurate and complete information about you and your business, and authorize Winstar Builders to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. Winstar Builders reserves the right to switch payment processing vendors or use backup or alternate vendors and to modify platform service charges and fees anytime at its sole discretion.
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Any reliance on the material on this site is at your own risk. The content, including all blogs, articles, or “Ask an Expert” questions and responses, products, and services offered on the Site are provided for customer informational purposes only and may have errors, inaccuracies, omissions, historical, and are not current or up-to-date information. Nothing in the content, products, or services on this Site should be considered as or used to replace or substitute for personalized professional advice. We strongly advise all users to always consult and seek the advice of a licensed professional fully informed of your unique situation.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Winstar Builders, our directors, officers, employees, affiliates, agents, interns, suppliers, vendors, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, loss of privacy, loss of personal information, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold Winstar Builders and our parent, subsidiaries, officers, directors, members, agents, employees, interns, affiliates, partners, vendors, suppliers, and service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, in connection with your use of the Site, or the documents they incorporate by reference, or your violation of any law, or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. In accordance with the Digital Millennium Copyright Act ("DMCA") and all other applicable laws, in all appropriate circumstances and at Winstar Builders’ sole discretion, account holders who infringe the intellectual property rights of Winstar Builders or any third-party will be terminated with or without prior notice. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you products or Services shall be governed by and construed in accordance with the laws of the United States and by the laws of the State of Delaware without regard to any conflicting laws or provisions. In any dispute, you waive any objection to jurisdiction or venue and agree to the personal jurisdiction and venue in the State and Federal Courts of Kent or Sussex County, Delaware.In the event a dispute ever arises between us, as a result of your use of this Site, please contact us. If we cannot resolve the matter or dispute informally within (1) month, you and we each agree that all claims or disputes shall be submitted to mediation. If a reasonable resolution cannot be reached to the claims or disputes through mediation, either party shall be entitled to all other available remedies at law.
You can review the most current version of the Terms of Service at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions and feedback about the Terms and Conditions of Use should be directed to legal@winstarbuilders.com. Please review our Privacy Policy. Privacy-related questions and feedback should be directed to privacy@winstarbuilders.com.
Our mailing address is:
Winstar Builders
[Re: Legal Team]
29144 Finch Lane, Milton, DE 19968 United States
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