Terms and Conditions:

Please read carefully. This describes the terms and conditions under which WindowAndSiding.com offers the services provided through our web site.

By accepting these terms, you confirm that you are 18 years of age or older, are capable of entering into a binding agreement, and that you will accurately complete any subscriber information submitted to us.

1. General Disclaimer

In using WindowAndSiding.com's service, you acknowledge that WindowAndSiding.com is not acting as your general contractor, agent, or advisor. Therefore, it is your sole responsibility to select a contractor and to negotiate the terms for any work performed. You may want to consult with appropriate expert advisors to assist in your home improvements, including a lawyer regarding contracts, permits, and other necessary job documentation and an insurance professional regarding the contractor's and your own insurance coverage requirements. WindowAndSiding.com does not recommend or endorse any specific service provider, provide advice on which service provider to select, or screen any individual service provider's personal credit or legal standing.

We do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that either 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 application or installation skills of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. It is entirely up to you 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. Your rights under contracts you make with service professionals typically are governed by your state and local laws. Should you have a dispute with any service professional, you must address such dispute to the service professional directly, and you hereby agree to release WindowAndSiding.com (and our employees and agents) and any other person, firm, or entity (including our business partners such as a product manufacturer or supplier who may employ the WindowAndSiding.com matching utility) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with service professionals.

WindowAndSiding.com relies on electronic data provided by third parties and on statements made by service providers and their references to determine which service providers to include in our database. Due to the inherent time delay in the data gathering process, pending actions or other issues affecting a service provider's record may have occurred which were not captured by the third party data sources used. WindowAndSiding.com does not guarantee that any service provider has licensing or insurance coverage at the time you enter into an agreement with the service provider and makes no representation as to the adequacy of any licensing or insurance coverage (including amount, breadth, or type). The existence of an insurance or licensing certificate does not guarantee that the insurance is in effect, as the service provider may cancel the insurance without WindowAndSiding.com's knowledge. Unless otherwise specifically stated, WindowAndSiding.com does not endorse any product or service described in, offered on, or linked to WindowAndSiding.com's websites.

2. Links to Third Party Sites

The links in the WindowAndSiding.com web site will let you leave WindowAndSiding.com's web site. The linked sites are not under the control of WindowAndSiding.com and WindowAndSiding.com is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. WindowAndSiding.com is not responsible for web casting or any other form of transmission received from any linked site. WindowAndSiding.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WindowAndSiding.com of the site.

3. Use of Account

In order to protect you and others, you and other users of your account must comply with all applicable laws and regulations when using WindowAndSiding.com's service and must not use our service to impersonate or harass any other person.

You may copy information provided by WindowAndSiding.com for your personal use, but you must retain any copyright notice and other proprietary notice on copied information. You are not permitted to reproduce, distribute, transmit, publish, or commercially exploit any information provided by WindowAndSiding.com without the appropriate permission of the copyright owner. This prohibition precludes emailing, faxing, posting to any bulletin board, storage in a database accessible to persons other than yourself, or otherwise making information available electronically or in any other form.

4. Changes to the Service or Terms

WindowAndSiding.com may from time to time without notice change, add, or remove certain features of our service or change the terms of this Agreement.

5. Disclaimer of All Warranties

You understand that WindowAndSiding.com has no control over any Third Party services. WindowAndSiding.com and its suppliers make no warranty that the service or the Third Party services will meet your requirements or that use of the service or the Third Party services will be uninterrupted, timely, secure, or error-free; nor do WindowAndSiding.com or its suppliers make any warranty as to the results that may be obtained from use of the service or the Third Party services, or the accuracy or reliability of any information obtained through the service or the Third Party services, or that any defects in the service or the Third Party services will be corrected. WindowAndSiding.com and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the service or the Third Party services. Any material or data obtained through use of the service or Third Party services must be used at your own discretion and risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Therefore, nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law. WindowAndSiding.com does not guarantee the quality or fitness of any work performed by any service providers.

6. Limitations of WindowAndSiding.com's Liability Release

WindowAndSiding.com and its suppliers will not be liable for damages of any nature arising from or relating to your use of the service or the Third Party services or use thereof by anyone else through your account. WindowAndSiding.com's total cumulative liability to you and anyone who uses the service or the Third Party services through your account, for any and all claims under any theory of law (including negligence), will not exceed $100 or the aggregate amount you paid to WindowAndSiding.com in the preceding 12 months, whichever is greater. Some states or jurisdictions do not allow the exclusion or limitation of certain types of liability. Therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting WindowAndSiding.com's liability beyond what is permissible under applicable law. You agree not to hold WindowAndSiding.com responsible for any damages or other liabilities arising from work performed by any contractor. Because WindowAndSiding.com is not and cannot be involved in your dealings with service providers or control whether or not service providers will complete any work as agreed, in the event that you have a dispute with one or more service providers, you release WindowAndSiding.com (and our agents and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

7. Disputes

You agree that, unless otherwise prohibited by law, all disputes, claims, or causes of action, in law or equity, arising from or relating to this Agreement or its enforcement, performance, breach, or interpretation shall be resolved solely and exclusively by confidential final and binding arbitration in Washington County, Oregon. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. You agree that any claim or cause of action arising out of or related to use of WindowAndSiding.com services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

8. Miscellaneous

You agree that WindowAndSiding.com, and it’s member contractors, may use your contact information, including your email address to contact you regarding this project, and to provide you with related content including our monthly newsletter. If at anytime you wish to be removed from our follow up or newsletter lists, you may contact us at info@WindowAndSiding.com and request to opt-out of future communications.

WindowAndSiding.com, the service providers, and any WindowAndSiding.com Partners are separate entities and share no agency, partnership, franchise, joint venture, or employment relationship. You agree that this Agreement will be governed by the laws of the state of New Jersey, in the same manner and to the same extent that such laws apply to agreements between New Jersey residents performed entirely within New Jersey. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing your use of the service and supersede any prior or contemporaneous written or oral statements by WindowAndSiding.com or its representatives or resellers.
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