Effective Date: January 1, 2022
PLEASE REVIEW THE CLASS ACTION LIMITATION AND ARBITRATION PROVISIONS BELOW AS THEY ARE APART OF THESE TERMS.
These Terms of Service (“Terms”) are provided on behalf of the website (“we,” or "website," or “site”). Website, and its owners and operators, provide marketing services for lawyers, law firms, and legal service providers. The purpose of this website is informational and to assist in potentially connecting consumers to lawyers, law firms, and legal services by passing the information consumers affirmatively provide to these parties. It is important to remember that we are not lawyers or a law firm, nor do we provide legal advice. We strictly engage in marketing services. Nothing presented on this website should be construed as legal advice nor serve to form an attorney-client relationship with website.
WEBSITE’S SERVICES. We provide marketing services and are not a lawyer or law firm. The website offers a free infomediary service that passes the information you affirmatively provide on the forms to service providers (“third-parties”) who may connect you to certain good and services that you have requested or are related to your request, including a lawyer, law firm, legal service. When you submit your information on the website, we will pass your information to these third-parties for these purposes, which may include but is not limited to, lead aggregators that connect consumers to lawyers and law firms. We do not assume any legal liability for the legal advice or legal services offered to you by any lawyer or law firm who you may connect with as a result of using this website. We make no guarantee that you will be able to connect with or be contacted by a third-party or qualify for legal services presented by third-parties. Failure to connect to a lawyer, law firm, or legal service through the website should not be construed as conclusive or render any claim you may have as meritless as many third-parties possess diverse criteria for the acceptance/rejection of a consumer. Nothing on the website is intended to be construed as legal advice and we do not make any guarantees to the accuracy or completeness of the information presented. You should not rely on any information contained herein without first seeking the assistance of a licensed attorney.
SHARING INFORMATION YOU PROVIDE ON WEBSITE WITH THIRD-PARTIES. When you submit your information on the website’s form, you acknowledge and agree that we are passing (or “sharing”) your information to third-party service providers who may connect you to certain goods and services, in this case a lawyer, law firm, or legal service. These third-parties may store and access this information to process your requests and have data security and retention policies which will substantially differ from our own. You are highly encouraged to review the privacy policies and terms of use from any third-party which may contact you to provide goods and services. By providing your information on this website and allowing us to share that information, you are expressly requesting to be contacted by the website and these third-parties, including but not limited to aggregators, lawyers, law firms, and legal service providers, via electronic mail (e-mail), telephone (phone call or text), and/or direct mail to assist with your request or present you additional related offers which may be of interest.
CONSENT TO RECEIVE ELECTRONIC MAIL, TELEPHONE CALLS, AND SMS COMMUNICATIONS. By submitting a request through this website, You are providing express written consent to be contacted by our website, marketing partners, and third-party service providers, including but not limited to aggregators, lawyers, law firms, and legal service providers, through the following means: (1) Telephone, at the number you have provided, whether landline or cellular, even if your telephone phone number is on any Federal or State “Do Not Call” list at the time of submission; You also expressly consent and agree pursuant to the Telephone Consumer Protection Act (“TCPA”) to receive pre-recorded calls, ringless voicemail messages, and/or calls made with an automatic dialing system; (2) Electronic Email (e-mail) at the email address you provide; and (3) SMS messaging to the mobile phone number that you provide, in which case data and messaging rates may apply. Your consent to receive marketing telephone calls and SMS messaging is not required to use the website’s services. Specific, detailed terms pertaining to your opt-in under TCPA will be presented at the time your telephone number is requested on the website’s form.
LINKS TO THIRD PARTY WEBSITES. You may be provided links to other websites when using the website or contacted by third-parties after your information is passed, who we have no control over and are not related to the website. The website and its owners and operators are not responsible for the information practices employed and privacy practices maintained by websites linked to or from our site. Generally, links to third-party websites will have information, privacy, and security practices which will differ considerably from this site and therefore you are highly advised to read and understand the legal disclaimers, privacy policies, and terms of services of these sites prior to providing any of your information. The existence of such links to third-party websites should in no circumstance be considered an endorsement or recommendation of those websites or any services offered through those websites. This website does not endorse any lawyer, law firm, or legal service.
INTELLECTUAL PROPERTY RIGHTS. All design, text, information, content, data, databases, images, photographs, illustrations, audio and video clips, artwork, graphic material, and other copyrightable elements (collectively, “Content”) are the sole property website and its subsidiaries, affiliates, assigns, licensors, vendors, partners, or other respective owners and are fully protected, without limitation, pursuant to copyright laws. No content on the website may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcast, or circulated without the prior written consent of the website. The website and all its related logos (collectively, “the Trademarks”) constitute the website’s trademarks and service marks. Any other website, product, and service name and logo used and displayed on the website may be a trademark or service marks owned by another third-party and you are prohibited from using, copying, displaying, distributing, modifying, or reproducing any of those trademarks found on the website without prior written consent. Unauthorized use of content or trademarks by you constitutes a material breach of these Terms and may result in legal action. All right, title, and interest in and to the website, any content thereon, website’s services, the technology related to website’s services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of website and nothing herein or appearing on website is intended to provide any authorization or consent to its such use.
INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE WEBSITE, ITS OWNERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, AND OPERATORS FROM AND AGAINST ANY AND ALL THIRD PARTY ACTIONS, SUITS, CLAIMS AND/OR DEMANDS AND ANY ASSOCIATED LOSSES, EXPENSES, DAMAGES, COSTS, AND OTHER LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES), ARISING OUT OF OR RELATING TO YOUR REQUEST OR SUBMISSION OF INFORMATION, USE OR MISUSE OF ANY ASPECT OF THE SERVICES OR WEBSITE, OR YOUR VIOLATION OF THESE TERMS. YOU ARE REQUIRED TO REASONABLY COOPERATE IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND. WE AND ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR SERVICES RESERVES THE RIGHT, AT OUR SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AT YOUR EXPENSE, AND YOU WILL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT OUR PRIOR WRITTEN CONSENT AND ANY SUCH THIRD PARTY.
DISCLAIMER OF WARRANTIES. THE WEBSITE, ITS SERVICES, AND ALL ASPECTS PROVIDED ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” “AS AVAILABLE,” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER IMPLIED OR STAUTORY. THE WEBSITE AND ITS OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY AFFILIATES (COLLECTIVELY, THE “PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, TO THE WEBSITE, THE SERVICES, ANY DOCUMENTATION PROVIDED OR MADE AVAILABLE TO YOU, AND ANY OTHER SERVICES AND RELATED MATERIALS AND SERVICES PROVIDED TO YOU BY ANY OF THE PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, AND WORKMANLIKE EFFORT; (2) THE QUALITY, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE OR SERVICES OR ANY ASPECT THEREOF; (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE WEBSITE OR SERVICES CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY PARTY; AND (5) THAT ACCESS TO OR USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE WEBSITE OR ITS SERVICES IS AT YOUR OWN RISK AND THE PARTIES MAKE NO WARRANTIES.
LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THE WEBSITE AND ITS SERVICES IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL THE WEBSITE AND ITS OWNERS AND OPERATORS BE HELD LIABLE FOR ANY DEFECTS, FAULTS, INTERRUPTIONS, OR DELAYS IN THE OPERATION OR TRANSMISSIONOF SERVICES, OR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE WEBSITE OR SERVICES. UNDER NO CIRCUMSTANCES WILL THE WEBSITE, AND ITS OWNERS, DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, OPERATORS, AND EMPLOYEES, BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN CONNECTION WITH THE WEBSITE OR SERVICES, THESE TERMS, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PRIVACY PRACTICES. Website’s Privacy Policy is incorporated into, subject to, and made part of these Terms and can be viewed by accessing the Privacy Policy link on the website.
SEVERANCE. The Terms operate to the fullest extent permissible by law and if any provision of the Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Terms shall remain in full force and effect. The headings used in the Terms are intended for convenience only, and shall not affect interpretation.
MODIFICATION OF TERMS; NO WAIVER OF TERMS. Carefully review these Terms each time you visit the site and if you do not agree, you are not authorized to access or use the website and shall refrain from doing so immediately. We reserve the right to modify these Terms at any time and for any reason in our discretion without notice to you, except publishing these Terms herein, which shall constitute your only notice. Your continued use of the site thereafter constitutes your acknowledgement and consent to any and all modifications. Furthermore, website’s failure to enforce any provision of these Terms shall in no way be construed as a waiver of such or any future provision.
CHOICE OF LAW. The Terms and their interpretation, performance, and enforcement shall be construed in accordance with the laws of the State of Wyoming, except for any conflict or choice of law principle thereof that would lead to the application of another jurisdiction's laws to the rights and duties of the parties. You and this site intend for the laws of the State of Wyoming to apply in any dispute or legal proceeding. Any claim you may have against the site must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred and waived.
CLASS ACTION WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, YOU AND WEBSITE (COLLECTIVELY, THE “PARTIES”) AGREE TO WAIVE ANY RIGHT TO PURSUE DISPUTES OR LEGAL CLIAMS ON A CONSOLIDATED OR CLASS-WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU HEREBY ACKNOWLEDGE THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE WEBSITE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
ARBITRATION. YOU AND WEBSITE (COLLECTIVELY, THE "PARTIES") AGREE TO SUBMIT ANY DISPUTE OR LEGAL ACTION ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE TO BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN CHEYENNE, WYOMING, RATHER THAN A PROCEEDING IN A COURT OF LAW. ANY AND ALL DISCOVERY SHALL BE COMPLETED WITHIN ONE-HUNDRED AND TWENTY (120) CALENDAR DAYS FOLLOWING THE APPOINTMENT OF AN ARBITRATOR. THE PARTIES 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 MEDIUMS OF COMMUNICATION. THE ARBITRATION AWARD SHALL BE ISSUED IN WRITING AND THE ARBITRATOR SHALL PROVIDE WRITTEN REASONS AND JUSTIFICATIONS FOR THE AWARD. THE ARBITRATION SHALL BE BINDING, MEANING THAT 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 ARBITRATION 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, NOT TO EXCEED TWENTY THOUSAND DOLLARS ($20,000.00). IN NO EVENT SHALL THE ARBITER AWARD PUNITIVE OR EXEMPLARY DAMAGES. THE PARTIES SHALL 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: (A) TO COMPEL ARBITRATION, (B) TO OBTAIN INTERIM MEASURES OF PROTECTION PRIOR TO OR PENDING ARBITRATION, (C) 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; (D) FOR ANY CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF THIS SITE'S COPYRIGHT, TRADEMARK, OR TRADE SECRETS; AND (E) TO ENFORCE ANY DECISION OF THE ARBITRATOR, INCLUDING THE FINAL, BINDING AWARD. IF ANY AAA RULE CONFLICTS WITH THESE TERMS OR THIS SECTION, THESE TERMS AND THIS SECTION SHALL CONTROL.
BY AGREEING TO BINDING ARBITRATION, YOU AGREE THAT THE PARTIES ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY IN ANY ACTION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, ANY PARTY TO THE ARBITRATION MAY AT ANY TIME SEEK INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION.
USE OF WEBSITE. By accessing and using the website, you acknowledge and represent that you are over the age of eighteen (18) and that you are able to form a binding, legal contract. Website is not intended for use by consumers under this specified age. Further, you acknowledge, represent, and warrant that all information provided to website through its forms are accurate and your own. You agree not to use the website for any unlawful or prohibited purposes and in accordance with these Terms. Website reserves the right, in its sole and absolute discretion to restrict, in whole or in part, your use of the website at any time, with or without notice for any or no reason. Website reserves the right and may, in its sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. The website is not intended for use outside of the United States and is controlled and operated from the United States and is not intended to subject foreign jurisdiction or foreign laws.
CONTACT INFORMATION. For questions and concerns, please contact us here:
Website: www.homewindowcost.com
homewindowcost.com
Address: 109 East 17th Street Suite 480
Cheyenne, WY 82001
