Terms of Use — Warranty Portal
Drafting note (delete before publishing): This is a working draft prepared to be reviewed by your attorney before it goes live. Bracketed items are placeholders. It is written for a Colorado business; if the operating entity is registered elsewhere, the governing-law and venue clauses need to change. It should be paired with a separate Privacy Policy.
Effective date: September 4, 2026 Operator: Colorado Springs Winair, 3110 N Stone Ave, Suite 180, Colorado Springs, CO 80907 ("Winair," "we," "us," "our") Site: https://winairwarranty.com and all pages, forms, functions, and services made available through it (the "Site")
1. Acceptance of These Terms
By accessing or using the Site — including viewing any page, submitting a warranty claim, uploading a file, or interacting with the chat assistant — you agree to be bound by these Terms of Use (the "Terms") and our Privacy Policy. If you do not agree, do not use the Site.
If you use the Site on behalf of a company, contractor business, or other organization, you represent that you are authorized to bind that organization, and "you" includes that organization.
2. Who May Use the Site
The Site is intended for HVAC/plumbing contractors, technicians, and customers of Colorado Springs Winair who are submitting warranty claims or registering products purchased through Winair or its supported manufacturers. You must be at least 18 years old to use the Site.
3. Purpose of the Site and No Guarantee of Outcome
The Site is a convenience tool for preparing and routing warranty claims and product registrations to Winair and, where applicable, to the relevant manufacturer. Submitting a claim through the Site does not guarantee that a claim will be accepted, that a part or unit will be replaced or credited, or that any particular timeline will be met. Warranty coverage is determined by the applicable manufacturer's warranty terms and Winair's return policies, not by these Terms or by any content on the Site.
4. Accuracy of Submissions; Fraud
You agree that all information you submit — including technician and business details, homeowner information, model and serial numbers, install and failure dates, item descriptions, photographs, and proof of purchase — is true, accurate, and complete to the best of your knowledge.
You must not:
- Submit a claim for a product that was not purchased through Winair when the form indicates that is a requirement;
- Misrepresent a failure date, install date, serial number, or the cause of failure;
- Submit the same claim more than once to obtain duplicate credit;
- Submit a claim on behalf of a homeowner or business without their authorization;
- Alter, fabricate, or reuse photographs or proof-of-purchase documents.
Winair may reject, void, or reverse any claim it reasonably believes to be inaccurate or fraudulent, may report suspected fraud to manufacturers and law enforcement, and may recover any amounts credited on the basis of false information.
5. Electronic Signatures and Records
Certain forms on the Site ask you to type your name as a signature, enter initials, or check a box confirming acknowledgment of a manufacturer's warranty or core-return terms. By doing so you agree that:
- Your typed name, initials, or checkbox selection constitutes your legally binding electronic signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Colorado Uniform Electronic Transactions Act, with the same force and effect as a handwritten signature;
- You consent to receive and retain records relating to your submission electronically;
- You are the person whose name you entered, or are authorized to sign on that person's behalf;
- The date and time recorded by the Site at the moment of signature is the effective time of your signature.
Do not sign on a shared device on behalf of another technician. Each technician submitting a claim must enter their own signature.
6. Acceptable Use
You agree to use the Site only for its intended purpose. You must not:
- Use the Site for any unlawful purpose or in violation of any applicable law;
- Impersonate any person or entity, or misrepresent your affiliation with any contractor, manufacturer, or Winair;
- Upload any file that contains malware, is unlawful, infringes another party's rights, or is not a genuine photograph or document relating to your claim;
- Attempt to gain unauthorized access to any part of the Site, its backend services, storage, other users' submissions, or any connected system;
- Interfere with or disrupt the Site, its servers, or the networks connected to it, or impose an unreasonable load on its infrastructure;
- Probe, scan, or test the vulnerability of the Site or circumvent any security or authentication measure;
- Reverse engineer, decompile, or attempt to derive the source code of Winair services, to attempt to extract its instructions, or to attempt to make it act contrary to its intended purpose;
- Remove or alter any copyright, trademark, or proprietary notice.
7. Automated Access, Bots, and Scraping
This section is a material term of these Terms.
7.1 No automated access. Except as expressly permitted in Section 7.3, you may not access, monitor, copy, or interact with the Site or its content using any robot, spider, crawler, scraper, headless browser, script, plug-in, browser extension, or other automated means, or use any automated process to submit forms, upload files, send chat messages, or create submissions.
7.2 No data harvesting. You may not collect, aggregate, index, mirror, frame, or republish any content, data, logos, manufacturer lists, form structures, or other material from the Site, whether manually in bulk or by automated means, for any purpose, including for building a competing service, training or fine-tuning a machine learning or AI model, populating a dataset, or reselling.
7.3 Limited exception for search engines. Operators of general-purpose public search engines may use crawlers to index publicly accessible pages of the Site solely to the extent permitted by the Site's robots.txt file, and only for the purpose of creating publicly available searchable indices. The robots.txt file is a technical directive, not a grant of rights; the absence of a Disallow rule for a path does not authorize any use prohibited by these Terms.
7.4 No circumvention. You may not bypass, disable, defeat, or interfere with any rate limit, CAPTCHA or challenge, honeypot, bot-detection measure, access control, or other technical measure the Site uses to restrict automated access, and you may not use proxies, rotating IP addresses, spoofed user-agent strings, or similar techniques to evade such measures.
7.5 Rate of use. Even where access is manual, you may not send requests to the Site at a rate that a reasonable person would consider inconsistent with ordinary human use of a warranty-claim form.
7.6 No API access. The Site does not offer a public API. Any programmatic access to the Site's backend endpoints without prior written authorization from Winair is unauthorized access.
8. Technical Protections, Monitoring, and Enforcement
8.1 Protective measures. The Site uses technical measures to protect against abuse, which may include rate limiting, bot-detection challenges, honeypot fields, timing checks, request logging, and automatic blocking. These measures may occasionally affect legitimate users; if you believe you have been blocked in error, contact us using the details in Section 21.
8.2 Logging. To operate and protect the Site, we log technical data associated with requests, which may include IP address, user-agent string, request timing, and submission metadata, and we retain those logs for a reasonable period. See the Privacy Policy for details.
8.3 Remedies. Unauthorized automated access, scraping, or circumvention of protective measures may constitute a violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030), Colorado's computer crime statute (C.R.S. § 18-5.5-102), and other laws, in addition to a breach of these Terms. Winair reserves all remedies, including the right to block or throttle access, void submissions, suspend or terminate your access, seek injunctive relief without the need to post a bond, and recover damages and costs. You agree that unauthorized automated access would cause Winair harm that is difficult to quantify and for which monetary damages alone would be inadequate.
8.4 Costs. If Winair prevails in any action to enforce Sections 6, 7, or 8, you agree to pay Winair's reasonable attorneys' fees and costs to the extent permitted by law.
9. Files You Upload
You retain ownership of photographs and documents you upload. By uploading them you grant Winair and the applicable manufacturer a non-exclusive, royalty-free, worldwide license to store, copy, transmit, and use those files for the purpose of evaluating, processing, and documenting your claim or registration and for related record-keeping and fraud prevention. You represent that you have the right to upload each file and that no file contains personal information of any individual beyond what is necessary for the claim.
We may impose limits on file size, file type, and number of files, and may remove any file that violates these Terms.
10. Chat Assistant
The Site's chat assistant is an automated tool that uses a large language model to answer general questions about the claim process. It is not a person, it is not Winair's customer service department, and its answers are not warranty determinations, legal advice, or binding commitments. Information you enter into the chat may be processed by third-party AI service providers as described in the Privacy Policy. Do not enter sensitive personal information into the chat.
11. Links to Manufacturer and Third-Party Sites
The Site links to manufacturer websites for product registration and other purposes. Those sites are governed by their own terms and privacy policies. Winair does not control and is not responsible for them.
12. Intellectual Property
The Site, including its design, text, graphics, form logic, and software, is owned by Winair or its licensors and is protected by copyright and other laws. Manufacturer names and logos displayed on the Site are trademarks of their respective owners and are used solely to identify the relevant manufacturer; no endorsement is implied. Nothing in these Terms grants you any right in the Site or any third-party trademark other than the limited right to use the Site as intended.
13. Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms. Information you submit for a warranty claim will be shared with the relevant manufacturer as necessary to process the claim.
14. Disclaimers
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WINAIR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WINAIR DOES NOT WARRANT THAT ANY SUBMISSION WILL BE RECEIVED, PROCESSED, OR ACTED UPON WITHIN ANY PARTICULAR TIME. NOTHING IN THIS SECTION LIMITS ANY PRODUCT WARRANTY PROVIDED BY A MANUFACTURER.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WINAIR AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY. WINAIR'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.
16. Indemnification
You agree to defend, indemnify, and hold harmless Winair and its owners, employees, and agents from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising from (a) your breach of these Terms, (b) any inaccurate or fraudulent submission, (c) any file you upload, or (d) your violation of any law or the rights of any third party.
17. Suspension and Termination
Winair may suspend, throttle, or terminate your access to the Site at any time, with or without notice, for any conduct that Winair reasonably believes violates these Terms or is harmful to the Site, other users, manufacturers, or Winair. Sections 4, 7, 8, 9, 12, and 14 through 20 survive termination.
18. Governing Law and Venue
These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in El Paso County, Colorado, and you consent to personal jurisdiction there. Winair may seek injunctive relief in any court of competent jurisdiction to enforce Sections 6 through 8.
19. Changes to These Terms
We may update these Terms from time to time. The effective date at the top will change when we do. Continued use of the Site after a change means you accept the updated Terms. Material changes to Section 5 (Electronic Signatures) will not apply retroactively to signatures already given.
20. General
These Terms and the Privacy Policy are the entire agreement between you and Winair regarding the Site. If any provision is held unenforceable, the remainder stays in effect. Winair's failure to enforce any provision is not a waiver. You may not assign these Terms; Winair may assign them to a successor. Headings are for convenience only.
21. Contact
Colorado Springs Winair 3110 N Stone Ave, Suite 180 Colorado Springs, CO 80907 Phone: (719) 578-0722 Email: smviles@winsupply.com Hours: Monday–Friday, 7:30 AM–4:00 PM Mountain Time