Updated as of March 1, 2020
Thank you for visiting window-replacement-pros.com. Throughout the Website, the terms "Company", "we", "us" and "our" refer to window-replacement-pros.com. Company offers this website to you conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
IMPORTANT: Because this page contains legal obligations (including limitations on liability, arbitration provisions and a class action waiver among other terms), please read them fully and with care. YOU ARE RESPONSIBLE FOR READING THESE TERMS AND CONDITIONS OF USE AND TERMS AND CONDITIONS OF SALE (INCLUDING THE SALES AND REFUND POLICIES BELOW) BEFORE ACCESSING, USING, OR MAKING A PURCHASE OF PRODUCTS AND/ORSERVICES on this Website. By accessing this Website, you agree to be bound by and subject to this Agreement (and our Privacy Policy) unless separate terms are offered by you in writing and accepted in writing by Company.
We reserve the right, in our sole discretion, to change these Terms and Conditions of Use at any time by posting revised terms on the site. Notice of these changes will be posted on the homepage of this Website and the revised Terms of Service will take effect seven (7) days after their publication on the Service. In the event we make material changes to the Terms of Service we will also notify you via email at the address we have on file. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Personal and Noncommercial Use:
All content on this Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Company its licensors or its content providers and is protected by copyright, trademark and other applicable laws.
You may only access this Website if you are eighteen (18) years or older. You may access, download and print materials on this website for your personal and non-commercial use. You agree that you will not use or attempt to use this Website for any purpose other than conducting business with window-replacement-pros.com as a bona fide Company client.
Prohibited Uses:
In addition to other prohibitions as set forth herein, you are prohibited from using the Website or its content in a manner that involves misuse of the Website. You acknowledge and understand that "misuse" of the Website includes, but is not limited to using it in any manner that
We reserve the right to limit or terminate your use of the Website for violating any of the prohibited uses or for any reason whatsoever. We also reserve the right to suspend any and all aspects of the Website at any time.
Our Services
Upon requesting a free quote, entering your name, phone number, email address and zip code, through the window-replacement-pros.com website, you will be contacted by a local representative. The service professional in your area will either call and/or email you about fulfilling your service need.
We are not responsible for the legality, safety or quality of the products offered for sale by a service provider. For all purposes, we are an independent contractor. We do not issue contracts or bind coverage to the user. We are not responsible for, nor do we assume any financial or other liability whatsoever, for the conduct of any user or service provider. We do not endorse or recommend any specific service provider or policy, or other related products offered by such service providers. We do not provide any type of insurance, tax, financial, legal or any other advice. window-replacement-pros.com is dedicated to having our "users" enjoy a positive experience locating an exceptional service professional.
No Guarantees or Endorsements
window-replacement-pros.com does not guarantee we will be able to match your service needs with a service professional or guarantee there are service professionals in your area who are capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed service professionals, we make no guarantees or representations regarding the skills or representations of such service professional, the quality of the job that he or she may perform for you if you elect to retain their services, or the price he or she may charge. It is your decision to enter into a direct contract or otherwise reach agreement with a Service Professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of window-replacement-pros.com nor is window-replacement-pros.com an agent of the service professionals.
Company does not perform and is not responsible for any of the services requested by you in your service request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the service professional directly.
Submissions
You acknowledge and agree that all submission to window-replacement-pros.com containing any comments, improvements, suggestions, and ideas regarding this Website will become and remain our exclusive property, including any future rights associated with such submissions. This means you forever disclaim any proprietary rights in such submissions and you acknowledge window-replacement-pros.com unrestricted right to use, publish, and commercially exploit, identical, similar or derivative ideas originating from your submission in any medium, now and in the future, without notice, compensation or other obligation to you or any other person or entity.
Identity Verification
Use proper caution when interacting with anyone whom you may be doing business with specifically via the Site or generally via the Internet.
Express Consent
If you submit personal information through the website, by doing so, you
agree that such submission will constitute providing your signature and
you're expressly consenting to receive information by email, auto-dialer,
pre-recorded telephone calls and/or SMS messages from or on behalf of
window-replacement-pros.com and/or its Fulfillment Partners. You agree to receive
offers on the telephone number which you provide on this website, including
a wireless number if provided, even if that telephone number is listed on a
state and/or Federal Do Not Call List. You understand and agree you can
revoke this consent at any time by notifying window-replacement-pros.com.
Links to Third Party Sites
At any time during your use of this website, you may be led to other websites operated by unaffiliated parties. Inclusion of hyperlinks by window-replacement-pros.com does not endorse, sponsor or control any of the material on such websites or any association with their operators, and we are not responsible for any of the content, services, calculations, information, products or materials available at or through any websites to which this website may provide a link. You acknowledge and agree that you will access and use such websites, including any information, material, products and services therein, solely at your own risk. window-replacement-pros.com is not responsible for the quality or results or for any product or service provided by these companies. As with all websites and all services, you should review their products and services carefully. Never give personal information to any party or website that you have not completely investigated and established their credibility. window-replacement-pros.com is not responsible for the use of the information that you give on any website other than window-replacement-pros.com site.
Disclaimer and Limitation of Warranties and Liability
THIS SITE IS PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR
(i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS WEBSITE AND/OR GOODS AND SERVICES OFFERED THEREBY,
(ii) ANY DISCLOSURE OF INFORMATION PROVIDED TO COMPANY (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF COMPANY), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF COMPANY.
(iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
(iv) THE OCCURRENCE OF A FORCE MAJEURE EVENT INCLUDING, ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS; RIOTS, ACTS OF WAR, TERRORISM, INSURRECTION, REBELLION OR EMBARGO; or CREDIBLE THREATS OF ANY OF THE ABOVE; and/or
(v) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).
IN NO EVENT SHALL COMPANY 'S TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OTHERWISE EXCEED THE LESSER OF THE AMOUNT PAID FOR ANY SERVICE IN QUESTION OR FIFTY U.S. DOLLARS ($50). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Intellectual Property
Trademarks, logos and service marks displayed on the Website are registered and unregistered trademarks of Company, its licensors or content providers, or other third parties. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission, except as otherwise described herein. Company reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software along with the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
DMCA Notice
Pursuant to the Digital Millennium Copyright Act (DMCA) Safe Harbor (17 U.S.C. § 512(c), if you believe that anything on the Website or service offered therein infringes any copyright that you own or control, you may file a notice of such infringement, in compliance with the requirements of 17 U.S.C. § 512(c)(3), with our designated agent: DMCA Agent, 331 E. Main Street Suite 200 Rock Hill, SC 29730 or info@window-replacement-pros.com. A copy of this legal notice may be sent to a third-party that may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to the Chilling Effects Clearinghouse for publication.
Foreign Users
Company makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your jurisdiction. Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with Company, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member's country of residence; (iii) under no circumstance shall Company be deemed liable under any laws other than the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.
Residents of Quebec/ Les Habitants de Québec:
It is the express wish of the parties that this Agreement and all related documents, including notices and other communications, be drawn up in the English language only. Il est la volonté expresse des parties que cette convention et tous les documents s'y rattachant, y compris les avis et les autres communications, soient rédigés et signés en anglais seulement.
Dispute Resolution
This Agreement shall be governed by the laws of the State of South Carolina without reference to its conflict of laws principles (but excluding the United Nations Convention on Contracts for the International Sale of Goods).
Any dispute, controversy or other claim arising out of this Agreement shall be resolved by arbitration conducted in English in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in the state and federal courts serving York County, South Carolina.
For any claim where the total amount of the award sought is $10,000 or less: (a) the arbitration shall be conducted solely based on telephone or online appearances and/or written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Rock Hill, South Carolina. You hereby consent to such exclusive venue and jurisdiction of the AAA and state and federal courts serving York County, South Carolina. Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the AAA. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys' fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. For purposes hereof, prevailing party is defined as the party whose last settlement proposal prior to hearing in this matter is closest to the final decision. In no event shall the arbitrator award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator's decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) for any claims of infringement or misappropriation of Company's patent, copyright, trademark, or trade secrets; and (v) to enforce any decision of the arbitrator, including the final award.
For all disputes you may have, whether pursued in court or arbitration, you must first give Company to info@window-replacement-pros.com and via postal mail to 331 E. Main Street Suite 200, Rock Hill, SC 29730. stating (i) your name, (ii) your address, (iii) a written description of your Claim, and (iv) a description of the specific relief you seek. If Company does not resolve the Dispute within 30 days after it receives your written notification, you may pursue your dispute as set forth above.
Entire Agreement
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 Website constitutes the entire agreement and understanding between you and us and govern your use of the Website, 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 Conditions and Use. Any ambiguities in the interpretation of these Terms of Conditions and Use shall not be construed against the drafting party.
In the event that any provision of these Terms of Conditions and Use 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 Conditions and Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
Contact
Questions about the Terms of Service should be sent to info@window-replacement-pros.com.
Be advised this Agreement contains disclaimers of warranties and limitations on liability which may be applicable to you. The website is not available to persons under age 18. If you have any questions regarding these terms, you may contact us via email at info@window-replacement-pros.com.