Limitation of Liability Policy

1. Purpose

The purpose of this Policy is to define and limit the legal liability of Deluxe Smart Film Corp to the fullest extent permitted by applicable law while clearly explaining the allocation of risk between the Company and its customers, installers, students, dealers, business partners, and other users.

2. Scope

This Policy applies to all: Product sales, Product installations, Smart Glass, Smart Film, Decorative films, Solar control films, Safety and security films, Online courses, Certification programs, Installer training, Technical support, Customer support, Website use, Digital products, Marketing materials, Engineering information, Product documentation, Communications, and Future Company products and services.

3. Assumption of Risk

Users acknowledge that construction, remodeling, glazing, electrical work, window film installation, and related activities involve inherent risks.

By purchasing or using Company products or services, Users voluntarily assume all risks associated with: Construction work, Electrical installations, Glass breakage, Existing building conditions, Product misuse, Improper maintenance, Third-party workmanship, Environmental conditions, Customer modifications, and Improper operation, except to the extent such risks result directly from the Company's gross negligence or willful misconduct where liability cannot legally be excluded.

4. No Guarantee of Results

The Company does not guarantee: Business success, Financial results, Energy savings, Utility cost reductions, Tax incentives, Return on investment, Customer satisfaction, Property appreciation, Project approvals, or Future product availability.

Individual results vary based upon numerous factors beyond the Company's control.

5. Product Liability Limitations

The Company's liability for Products is limited exclusively to the remedies expressly provided in the Company's Warranty Policy and Terms of Sale. The Company shall not be liable for damages resulting from: Improper installation, Improper storage, Improper transportation after delivery, Customer modifications, Misuse, Abuse, Normal wear and tear, Acts of God, Accidents, Failure to follow instructions, or Unauthorized repairs.

6. Installation Liability

Where installation is performed directly by Deluxe Smart Film Corp, the Company's responsibility is limited to correcting covered workmanship defects in accordance with the applicable written warranty. The Company shall not be responsible for: Existing property defects, Hidden structural conditions, Pre-existing glass defects, Building movement, Improper prior construction, Electrical deficiencies outside the Company's scope of work, or Delays caused by third parties.

7. Independent Installer Liability

Certified installers, dealers, distributors, and independent contractors are independent businesses. Unless expressly stated otherwise in writing, Deluxe Smart Film Corp is not liable for: Their workmanship, Their contracts, Their pricing, Their employees, Their scheduling, Their warranties, Their negligence, Their customer service, or Their business practices.

8. Customer-Supplied Information

The Company is not responsible for damages resulting from inaccurate: Measurements, Specifications, Drawings, Engineering information, Customer instructions, Architectural plans, or Product selections. Customers remain responsible for reviewing all final specifications before production.

9. Third-Party Products & Services

The Company may recommend or integrate products or services from third parties, including payment processors, shipping carriers, software providers, installers, electricians, architects, engineers, manufacturers, or consultants. The Company makes no representations or warranties regarding the products or services of independent third parties and is not liable for their acts, omissions, delays, or performance.

10. Technical Advice

Technical support, recommendations, installation guidance, troubleshooting, videos, manuals, and training materials are provided for general informational purposes. Users remain responsible for determining whether any advice is appropriate for their specific circumstances. The Company shall not be liable for decisions made based upon technical guidance unless otherwise required by law.

11. Digital Products

Digital products are provided "AS IS" and "AS AVAILABLE." The Company does not guarantee: Continuous availability, Compatibility with every device, Freedom from software errors, Continuous access, Uninterrupted downloads, or Future updates.

12. Training & Certification

Participation in Company training or certification programs does not create liability for: Student performance, Installer performance, Business success, Future employment, Customer acquisition, Professional licensing, or Government certification. Participants remain solely responsible for their own business activities and professional services.

13. Website Availability

The Company does not warrant that its websites or online services will be: Error-free, Uninterrupted, Secure, Virus-free, or Continuously available. Temporary interruptions may occur due to maintenance, cyber incidents, internet failures, or circumstances beyond the Company's reasonable control.

14. Data & Cybersecurity

While the Company implements commercially reasonable safeguards to protect information, no system is completely secure. To the fullest extent permitted by law, the Company shall not be liable for losses arising from: Cyberattacks, Unauthorized access, Malware, Phishing attacks, Internet outages, Third-party hosting failures, Telecommunications failures, or Security incidents beyond the Company's reasonable control. Nothing in this section limits obligations imposed by applicable privacy or data protection laws.

15. Maximum Liability

To the fullest extent permitted by law, the aggregate liability of Deluxe Smart Film Corp for any claim arising from or relating to the Products or Services shall not exceed the total amount actually paid by the claimant to Deluxe Smart Film Corp for the specific Product or Service giving rise to the claim. If multiple claims arise from the same transaction, the aggregate recovery shall remain subject to this limitation.

16. Excluded Damages

To the fullest extent permitted by law, the Company shall not be liable for: Indirect damages, Incidental damages, Consequential damages, Punitive damages, Exemplary damages, Special damages, Lost profits, Lost revenue, Lost savings, Loss of goodwill, Loss of customers, Loss of business opportunities, Project delays, Construction delays, Rental losses, Business interruption, Data loss, Replacement labor costs, Emotional distress, or Reputational harm. These exclusions apply regardless of the legal theory asserted, including contract, tort (including negligence), strict liability, warranty, statute, or otherwise, except where prohibited by applicable law.

17. Business Losses

The Company shall not be responsible for commercial losses arising from: Delayed projects, Lost contracts, Missed deadlines, Business interruption, Employee downtime, Reduced productivity, Financing costs, Lost opportunities, or Cost overruns caused by third parties.

18. Customer Responsibilities

Customers are responsible for: Reviewing quotations, Confirming measurements, Reviewing shop drawings, Obtaining permits, Hiring qualified professionals, Following installation instructions, Maintaining Products, Operating Products safely, Inspecting Products upon delivery, and Reporting defects promptly. Failure to fulfill these responsibilities may reduce or eliminate available remedies to the extent permitted by law.

19. Insurance

Customers are encouraged to maintain appropriate insurance covering: Property damage, Construction projects, Commercial operations, Product installations, General liability, and Business interruption. The Company does not provide insurance coverage for customers or independent installers.

20. Claims Procedure

To preserve any potential claim, customers should: Notify the Company promptly after discovering the issue, Provide photographs, videos, invoices, and supporting documentation, Allow the Company a reasonable opportunity to inspect the Product or Service before repairs or alterations are made, except where immediate action is necessary to prevent imminent harm, and Cooperate reasonably with the Company's investigation. Unauthorized repairs or alterations may affect available remedies.

21. Time Limitation for Claims

To the fullest extent permitted by law, any claim against Deluxe Smart Film Corp arising out of or relating to the Products or Services must be commenced within one (1) year after the claim accrues, unless a longer period is required by applicable law. This section does not shorten any non-waivable statutory limitation period.

22. Indemnification

Users agree to indemnify, defend, and hold harmless Deluxe Smart Film Corp, its owners, officers, employees, contractors, affiliates, successors, and agents from claims, damages, liabilities, losses, costs, and reasonable attorneys' fees arising from: Violation of Company agreements, Improper installation, Product misuse, Customer negligence, Breach of contract, Violation of law, Third-party claims arising from the User's conduct, Unauthorized modifications, or Misrepresentation.

23. Reservation of Rights

Deluxe Smart Film Corp reserves all rights not expressly limited by this Policy and reserves the right to modify Products, Services, specifications, pricing, policies, and business practices prospectively.

24. Force Majeure

The Company shall not be liable for delays or failures resulting from events beyond its reasonable control, including: Natural disasters, Hurricanes, Floods, Fires, Pandemics, Government actions, Supply chain disruptions, Labor shortages, Transportation delays, Utility failures, Cyber incidents, Internet outages, Civil disturbances, or Acts of terrorism.

25. Governing Law & 26. Dispute Resolution

This Policy shall be governed by the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising under this Policy shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, unless applicable law requires otherwise.

Before initiating litigation, the Parties agree to make a good-faith effort to resolve disputes through informal negotiations. Nothing in this section limits either Party's right to seek temporary or permanent injunctive or equitable relief where necessary to protect intellectual property, confidential information, or other legal rights.

27. Severability & 28. No Waiver

If any provision of this Policy is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. Failure by Deluxe Smart Film Corp to enforce any provision of this Policy shall not constitute a waiver of that provision or any other provision.

29. Assignment & 30. Survival

Users may not assign or transfer any rights or obligations under this Policy without the Company's prior written consent. Deluxe Smart Film Corp may assign this Policy to an affiliate, successor, or purchaser of substantially all of its assets.

The provisions relating to limitation of liability, indemnification, intellectual property, payment obligations, confidentiality, governing law, dispute resolution, warranty limitations, and all provisions intended by their nature to survive shall remain effective following termination of the relationship between the Parties.

31. Changes to this Policy

Deluxe Smart Film Corp reserves the right to amend this Limitation of Liability Policy at any time. Updated versions become effective upon publication unless otherwise required by applicable law.

32. Contact Information

Deluxe Smart Film Corp
4080 NW 132nd Street, Unit J
Opa-locka, Florida 33054
Phone: (305) 833-7887
Email: dsf@deluxesmartfilm.com

33. Related Policies & 34. Entire Agreement

This Limitation of Liability Policy should be read together with the Website Terms & Conditions, Terms of Sale, Warranty Policy, Installation Terms & Conditions, Measurement Accuracy Policy, Refund & Cancellation Policy, Shipping Policy, Privacy Policy, Cookie Policy, Accessibility Statement, Data Deletion Request Policy, SMS Terms & Conditions, Online Course Terms & Conditions, Certification Program Agreement, Installer Agreement, Digital Product License Agreement, Copyright Notice, Trademark Notice, Acceptable Use Policy, and Disclaimer.

This Limitation of Liability Policy, together with all documents incorporated by reference, constitutes the complete and exclusive statement governing the limitations of liability applicable to the Products and Services provided by Deluxe Smart Film Corp. It supersedes all prior oral or written statements concerning the allocation of risk and liability to the fullest extent permitted by applicable law. Nothing in this Policy shall be interpreted to exclude or limit liability where such exclusion or limitation is prohibited by applicable law. If any limitation contained herein is determined to be unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.