Terms Of Use
Last Updated: March 3, 2023
Valid since: 03.15.2020
1. General Provisions
1.1. localwindowprices.com Terms of Use ("Terms of Use") governs your access and use of the Website and home repair quote engine operated by LocalWindowPrices.com, ("localwindowprices.com", "our," "us," or "we") and located at localwindowprices.com (collectively, the "Website"). By accessing, searching, browsing, and using this Website, you ("you" or "User") give us your consent that you have read, understood, and accepted this Terms of Use. You can send us an email to reach us at: [email protected]. In case of disagreement with any of the terms and provisions herein, you shall stop your Website usage and opt out by closing the Website.
1.2. localwindowprices.com does not charge you a fee to use the Website.
1.3. We declare that our Website is free for use. However, our partners may pay localwindowprices.com fees for services and to be matched and connected with Users of the Website. localwindowprices.com is not involved with, and is not responsible for, any fee arrangement or relations that you may enter into with any of our partners. You acknowledge and agree to this compensation arrangement. Except where prohibited by law, localwindowprices.com will bring no liability for any losses, costs, damages, or claims in connection with, arising from, or related to User's use of a partner's products or services, including any fees charged by partners.
1.4. Please be aware that localwindowprices.com does not provide any home repair services to the User. We carry out business activities as a search engine for home repair services.
2. Main Functionality
2.1.With the help of our Website, you can send a request for estimates and quotes on home repair and improvement services provided by our partners - home repair and improvement professionals, contractors, and service providers. We offer a search engine for home repair and improvement services, which allows you to find potential options for your project. Please note that we do not guarantee pricing or product information displayed on our site, and we always recommend seeking the help of licensed professionals to guide you in making informed decisions for your home repair and improvement needs.
2.2. To complete your request, we may ask you to provide specific categories of data depending on the type of service you are requesting by filling out forms or choosing from the offered options.
2.3. By providing us with your details, you explicitly agree to be contacted by select partners - home repair and improvement service providers, contractors, and professionals - for marketing purposes concerning home repair and improvement services and/or other related products by phone/text at the number provided in the appropriate field (including by autodialer, prerecorded message and/or artificial voice), even if your number is on a do-not-call list, or by email at the email address you have provided.
2.4. To send a request for an estimate or quote on home repair and improvement services, you may be asked to provide us with details such as the type of repair or improvement service needed, the project scope and requirements, your location, the estimated budget, and your contact details such as name, phone number, and email address.
2.5. You understand and agree that by submitting your request to be matched with our partners on our Website and on partner websites, you authorize localwindowprices.com to obtain your personal information from you to verify your identity and to match you with service providers.
2.6. Please consider that localwindowprices.com is not a licensed home repair or improvement company, and in any case, localwindowprices.com shall not be held liable in any form for the quality of partner services, nor responsible for either the availability of partners or their offerings, quotes, including for any products or services you may obtain by contacting any of them as a result of your use of our Website or the features hereof.
2.7. You agree that localwindowprices.com is not liable for any advice provided by partners or any third parties. You agree that you are responsible for your own research and decisions and that localwindowprices.com is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of localwindowprices.com.
2.8. By using the Services, you agree that localwindowprices.com may collect, store, and transfer such information on your behalf, and at your sole request. More information is available in our Privacy Policy. You agree that your decision to make available any sensitive or confidential information is your sole responsibility and at your sole risk. localwindowprices.com has no control and makes no representations as to the use or disclosure of information provided to third parties. You agree that these third-party services are not under localwindowprices.com's control, and that localwindowprices.com is not responsible for any third party's use of your information.
2.9. The Website may contain links to third-party websites and services. localwindowprices.com provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that localwindowprices.com has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with
2.10. You agree that localwindowprices.com is not liable for any advice provided by Partners or any third parties. You agree that you are responsible for your own financial research and financial decisions, and that localwindowprices.com is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of localwindowprices.com.
2.11. By using the Services, you agree that localwindowprices.com may collect, store, and transfer such information on your behalf, and at your sole request. More information is available in our Privacy Policy. You agree that your decision to make available any sensitive or confidential information is your sole responsibility and at your sole risk. localwindowprices.com has no control and makes no representations as to the use or disclosure of information provided to third parties. You agree that these third party services are not under localwindowprices.com’s control, and that localwindowprices.com is not responsible for any third party’s use of your information.
2.12. The Website may contain links to third party websites and services. localwindowprices.com provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that localwindowprices.com has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
3. User’s Representation and Guarantees
3.1. You acknowledge that providing incorrect or false information to localwindowprices.com may impact the quality of the Website's service to you.
3.2. By using this Website, you represent and warrant that:
3.2.1. You have the legal capacity and authority to enter into this Terms of Use and are of legal age to do so;
3.2.2. You will not impersonate any person or entity or misrepresent yourself in any way;
3.2.3. You understand that the quotes, fees, terms, rates, coverage, or services offered by our Partners may not necessarily be the best available and that localwindowprices.com does not validate or investigate the licensing, certification, or other requirements and qualifications of Partners;
3.2.4. You understand that localwindowprices.com is not responsible for the availability of the products or services we provide estimates or quotes on.
3.3. You guarantee that:
3.3.1. The information and details you provide to us are accurate, current, true, and complete. Providing inaccurate or incomplete information may result in incorrect requests and estimates.
3.3.2. You are at least 13 years of age, as this Website is not intended for use by minors under the age of 13. If you are 13 or older but under the age of 18, you must review these Terms of Use with your parent or guardian and obtain their agreement before using the Website.
4. Intellectual property
4.1. The Website contains material, such as text, graphics, images and other material provided by or on behalf of us, and through your use of the Website you will be provided with additional information from us.
4.2. These materials and information are collectively referred to herein as the "Content." The Content is owned by localwindowprices.com and/or our licensors and may be under guard of both United States and foreign copyright laws and treaties.
4.3. The Content includes, but is not limited to, the trademarks, service marks, and logos that are used and displayed on the Website, which are registered and unregistered trademarks or service marks of ours or our licensors. Moreover, the organization and design of the Website are the property of LocalWindowPrices.com and are protected worldwide by copyright laws and treaty provisions.
4.4. We reserve all rights in and to the Website and related Content. If you submit comments, suggestions, ratings, or other feedback regarding the Website or your experience, you agree that we will be free to use such feedback for any purpose and without restriction or obligation to you.
4.5. You are granted permission to use the information provided to you on or via the Website solely for your own personal, non-commercial use, provided that none of the content was modified and that any legal legends are retained.
4.6. You may not "mirror" any content contained within this Website without our express prior written consent. Except as stated herein, none of the content may be used, copied, reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without our prior written permission.
4.7. Nothing contained in these Terms of Use shall be construed as conferring any license or right to any trademark or other intellectual property right of localwindowprices.com or any other party. localwindowprices.com and the stylized "localwindowprices.com” Logo design are registered trademarks of LocalWindowPrices.com. All other trademarks, trade names, service marks and logos displayed throughout the website are the property of LocalWindowPrices.com, licensed by LocalWindowPrices.com, or owned by third parties.
4.8. You shall not display, use as a link, use as a meta tag, or otherwise use any of the trademarks, trade names, service marks and logos displayed throughout the Website without the prior written consent of the owner of the trademark, trade name, service mark and logo.
4.9. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: [email protected]
4.10. We suggest that you consult your legal advisor before submitting a notice or counter-notice.
5. Restrictions on use of the Website
5.1. You are not allowed to:
5.1.1. rent, lease, lend, sell, redistribute, reproduce, or sublicense the Website.
5.1.2. threatening, harassing, abusing, impersonating, injuring or intimidating others; interfering with others' use of this Website, unless such interference is for the purpose of complying with another section of these Terms of Use;
5.1.3. copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, or any part thereof;
5.1.4. conducting or supporting illegal activity of any type whatsoever;
5.1.5. transmitting or storing worms or viruses or any code of a destructive nature;
5.1.6. disguising the origin of any content transmitted through this Website or manipulating your presence on the Website; and/or causing the launch of any automated system(s) that accesses this Website in a manner that sends more request messages to servers of the Website in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
5.1.7. delivering spam or collecting information to deliver spam, or sending unsolicited email advertisements; decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in this Website;
5.2. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).
5.3. You may not exploit or interfere with the Website in any unauthorized or unlawful way whatsoever, including, but not limited to, by trespassing or burdening the network infrastructure or capacity.
5.4. These and other violations of localwindowprices.com intellectual property rights may result in your liability for actual damages and loss of income to localwindowprices.com and profits you derive from this misappropriation, or alternatively, for statutory damages per infringed work, plus all costs and attorneys fees.
5.5. Unauthorized use, reproduction, creation of derivative works, transmission, display or distribution of these images or video is strictly prohibited.
5.6. We reserve the right to pursue all legal and equitable remedies against unauthorized uses.
6. Limitations on Availability and Liability, Disclaimers and Indemnification
6. Limitations on Availability and Liability, Disclaimers and Indemnification
6.1. You realize the Website or some aspects thereof may not be available in all languages or in all countries.
6.2. We make no representation that the Website is available or permitted in any particular location.
6.3. Use of the Website is void where prohibited.
6.4. You use the Website at your own initiative and are responsible for compliance with any applicable laws. We may also impose limits on the use or access to the Website as required by law.
6.5. localwindowprices.com is not a home repair contractor. Any home repair project offered to you is provided to you by one of the Partners listing here: https://localwindowprices.com.io/partners, and not localwindowprices.com.
6.6. localwindowprices.com does not necessarily guarantee that quotes, fees, terms, rates, coverage, or services offered by Partners are the best available. localwindowprices.com does not necessarily validate or investigate the licensing, certification, or other requirements and qualifications of Partners.
6.7. The terms and conditions of any home repair product offered to you are provided by the Partners based on their underwriting and may vary based on a number of factors solely as determined by the insurers.
6.8. It is your responsibility to investigate Partners. You acknowledge and agree that Partners are solely responsible for any products or services that they may offer or provide to you and that localwindowprices.com shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Partner's products or services. localwindowprices.com always recommends getting the advice of financial advisors, insurance agents, brokers, or other qualified professionals who are fully aware of your individual circumstances before you make any home repair decisions.
6.9. We don’t provide advice or endorse home repair products or Partners that appear on our website or other communication channels. As a result, it is your sole discretion whether to take out a policy based on a quote you get through our Website and to make sure the policy that is of interest to you meets your specific needs.
6.10. The quotes provided to you are provided to us by Partners. Therefore localwindowprices.com cannot guarantee their accuracy and whether they are the most current quotes available.
6.11. The quotes do not constitute bookable rates, as the actual bookable rate requires additional information from you, and may vary relative to the provided quotes. We do not guarantee that the home repair offered by the Partners on our Website or other forms of communication includes the best terms or lowest rates available in the market.
6.12. YOU ACKNOWLEDGE AND AGREE THAT THE SITE, THE SERVICES, AND ALL CONTENT ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.13. WE WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES, OR ANY CONTENT.
6.14. MANY HOME REPAIR PRODUCTS QUOTED OR SOLD THROUGH THE SITE ARE THIRD-PARTY PRODUCTS AND ARE NOT OUR PRODUCTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS, AND WE ACCEPT NO LIABILITY IN CONNECTION WITH SUCH PRODUCTS. ALL SUCH PRODUCTS ARE PROVIDED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THE HOME REPAIR CARRIER PROVIDING SUCH PRODUCTS.
6.15. IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
6.16. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, ANY SERVICE, OR ANY CONTENT IS TO STOP USING THE SAME.
6.17. You agree that:
6.17.1. you will be personally responsible for your use of the Website, and you agree to defend, indemnify, and hold harmless localwindowprices.com from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with your access to, use of, or alleged use of the Services;
6.17.2. your violation of the Terms of Use or any applicable law or regulation;
6.17.3. your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or
6.17.4. any disputes or issues between you and any third party. localwindowprices.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
7. Modifications
7.1. localwindowprices.com reserves the right to modify or discontinue, temporarily or permanently, some or all of the Website functionality at any time without any notice or further obligation to you.
7.2. Therefore, you give your consent that localwindowprices.com will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Website.
8. U.S. Government restricted rights
8.1. We warn you that the content of this Website is provided with "Restricted Rights."
8.2. Any use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
9. Notice to California Residents.
9.1. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service.
10. Governing law and choice of forum
10.1. These Terms of Use are governed by the laws of the State of California, without regard to conflict of law principles. Pursuant to Section 10 hereunder, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, the User and localwindowprices.com agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Los Angeles County, California, for the purpose of litigating all such disputes.
10.2. In the interest of resolving disputes between you and localwindowprices.com in the most expedient and cost-effective manner, you and localwindowprices.com agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”).
10.3. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
10.4. YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND localwindowprices.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
10.5. You and localwindowprices.com agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms of Use. Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms of Use.
10.6. Notwithstanding Section 10, you and localwindowprices.com agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to:
10.6.1. bring an individual action in small claims court;
10.6.2. pursue enforcement actions through applicable federal, state, or local agencies where such actions are available;
10.6.3. seek injunctive relief in any competent court of law; or
10.6.4. to file suit in a court of law to address intellectual property infringement claims.
10.7. Any arbitration between you and localwindowprices.com will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting localwindowprices.com.
10.8. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to localwindowprices.com should be addressed to: 09 E 17th st, ste 450, Cheyenne, WY, 82001 (“Notice Address”).
10.9. The Notice must:
10.9.1. describe the nature and basis of the claim or dispute; and
10.9.2. set forth the specific relief sought (“Demand”). If the User and localwindowprices.com do not reach an agreement to resolve the claim within 30 days after the Notice is received, User or localwindowprices.com may commence an arbitration proceeding.
10.10. In the event that you commence arbitration in accordance with these Terms, localwindowprices.com will, at your request, reimburse you for your payment of the arbitration filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any request for payment of fees by localwindowprices.com should be submitted by mail to the AAA along with your Demand for Arbitration and localwindowprices.com will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse localwindowprices.com for all fees associated with the arbitration paid by localwindowprices.com on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
10.11. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. Any in-person arbitration hearings will take place at a location to be agreed upon in Los Angeles County, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
10.12. Unless both you and localwindowprices.com agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
11. Miscellaneous
11.1. The invalidity or unenforceability of any provision of this Terms of Use shall not affect the validity of this Terms of Use as a whole and any such provision shall be enforced, and reconstructed if need be in a way that best embodies the intent of this Terms of Use, to apply to the maximum extent allowable under applicable law.
11.2. This Terms of Use may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Terms of Use by its express terms. The failure by either party to enforce at any time any of the provisions of this Terms of Use, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Any claim or dispute between us must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Terms of Use. The section headings used herein are for convenience only and shall not be given any legal import.
12. Communications with you about your home repair needs
12.1. When you visit localwindowprices.com’s Website or send email to us, you are communicating with us electronically. localwindowprices.com may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on the Website. Therefore, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12.2. By providing your email address, phone number, or both on localwindowprices.com’s Website, you authorize us and our Partners to call you, email you, or text you about:
12.2.1. Your home repair needs or quote requests,
12.2.2. Any issue regarding our services, and/or
12.2.3. To provide information or offers you may be interested in, including a response to quotes you have requested from us or our associated home repair providers.
12.3. localwindowprices.com and its Partners may contact you at any telephone number(s), mobile or otherwise, that you provide us.
12.4. Your consent allows us to use artificial or prerecorded voice messages and automatic dialing system (ATDS) technology to contact you. Message and data rates may apply. You also understand that your consent is not a condition of purchase, and that you can call localwindowprices.com directly at 1-424-382-4536 for more information.
12.5. We agree that you may withdraw your consent to be contacted by contact us at: [email protected].