Effective March 5, 2025
This Terms of Use is entered into by and between you and qualitywindowsdirect.com and, as applicable, its parent, subsidiaries, affiliates, and other related entities (collectively, the "Company" and referred to herein as "we," "us," or "our"), in association with the use of the Sites and Services, as defined below. The Agreement sets forth the terms and conditions for you to access this Sites located at qualitywindowsdirect.com and any other online and mobile Sitess controlled or operated by the Company (the "Sites"). The Agreement also applies to your use of any goods, facilities, or services offered through the Sites (collectively "Services"), regardless of where or how they are accessed, including but not limited to via a desktop computer or mobile device.
Consent for Use of Sites
BY ACCESSING OR USING THE SITES, YOU AGREE TO THIS TERMS OF USE AND THE PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE OUR SITES. YOUR USE OF THE SITES AND ANY DISPUTE BETWEEN US ARE SUBJECT TO THE TERMS OF USE, INCLUDING ITS APPLICABLE LIMITATIONS ON DAMAGES AND THE RESOLUTION OF DISPUTES. WE MAY UPDATE, REVISE OR MODIFY ALL OR A PORTION OF THIS TERMS OF USE FROM TIME TO TIME. YOUR CONTINUED USE OF THE SITES AFTER WE MAKE SUCH UPDATES, REVISIONS OR MODIFICATIONS IS DEEMED TO BE ACCEPTANCE OF SUCH UPDATES, REVISIONS OR MODIFICATIONS; SO, YOU MUST CONSULT THE TERMS OF USE PERIODICALLY FOR UPDATES.
THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE THAT MAY REQUIRE YOU TO SUBMIT ANY DISPUTE YOU HAVE WITH US TO ARBITRATION.
The Sites are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.
Changes to the Terms of Use
We may revise and update these Terms of Use, including but not limited to suspend or discontinue the Sites or any service, feature, or product offered through the Sites from time to time in our sole discretion and with or without notice. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Sites.
Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. You further agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any service, content, feature or product offered through the Sites.
Eligibility
You must be at least eighteen (18) years old to use the Sites. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to this Agreement on your behalf and you may only access and use the Sites with permission from your parent or legal guardian.
Accessing the Sites and Account Security
We reserve the right to withdraw or amend this Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period.
You are responsible for both:
Site Contents
The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name, the terms, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Sites are the trademarks of their respective owners.
These Terms of Use permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites, except as follows:
You must not:
If you wish to make any use of material on the Sites other than that set out in this section, please address your request to: support@qualitywindowsdirect.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Prohibited Uses
You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:
Additionally, you agree not to:
Privacy
Your privacy is very important to us. Our Privacy Policy explains our policies and practices regarding your information and how we will treat it.
LINKS TO OTHER WEB SITES AND SERVICES
For your convenience and to provide easy access to additional useful information, our Sites may contain links to other third-party websites not owned, operated, maintained by or related to the Company. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. A link to another site from us does not constitute an endorsement or representation about the value, quality, or usefulness of anything found on that third-party site. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Sites is based in the State of New York in the United States. We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of its content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITES LINKED TO IT.
YOUR USE OF THE SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR MANAGERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Sites.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Indemnification
You hereby agree to indemnify, defend (at the Indemnified Parties' request), and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the "Indemnified Parties"), from and against any and all liability, loss, damage, judgment, settlement, expense and costs (including attorneys' fees and any costs of litigation or other disputes) incurred by or imposed on any of the Indemnified Parties in connection with any claim (including, but not limited, any demands, allegations, threatened allegations, actions or inactions) arising out of or in any way relating to any breach or alleged breach of your use of the Sites or the Services or your violation of these Terms of Use, applicable law, or the rights of any third party obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Parties may select and retain their own counsel, and your indemnification obligations shall include immediately paying the Indemnified Parties' attorney's fees and any other litigation or other dispute costs as the Indemnified Parties incur such fees and costs. The indemnification obligations are to be construed in favor of indemnification. You shall not in any event settle any matter without the written consent of the Company.
Governing Law and Venue
All matters relating to the Sites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Subject to the agreement to arbitrate below, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in Westchester County, New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You hereby irrevocably consent to personal jurisdiction in the State of New York, waive any claim or defense that such venue is not convenient or proper, and consent to service of process by any means authorized by New York law.
Dispute Resolution
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and the Company agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Terms of Use or Privacy Policy or any communications between the parties (a "Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (a) to the Company at 1755 Broadway FRONT 3 #1090 New York, NY 10019, and (b) to you at the addresses provided to the Company.
Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.
ARBITRATION AGREEMENT
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. This includes, but is not limited to, any Dispute arising from torts, fraud, misrepresentation, product liability, negligence, violation of statutes, or any other legal theory. These arbitration obligations apply to all Disputes between you and the Company, its affiliates, subsidiaries, successors, assigns, and any third parties with whom the Company works or has worked (collectively, the "Parties"). You agree to give up your right to go to court to assert or defend your rights under this Arbitration Agreement and with respect to any Dispute. You and the Company expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
Written Notice. A Party that intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled "Notice of Intent to Arbitrate" ("Notice"). The Notice to the Company should be sent to 1755 Broadway FRONT 3 #1090 New York, NY 10019. The Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If the Parties do not reach an agreement to resolve the claim within 30 days after the Notice is received, the Parties may initiate an arbitration proceeding under these terms
Exclusions and Limitations. The following matters will not be subject to arbitration but will instead be adjudicated in the appropriate court of the State of New York: (a) an action to enforce intellectual property rights; and (b) any claim or dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court. In lieu of arbitration, either you or the Company may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
Rules and Selection of Arbitrators. You agree that the arbitration shall be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's Sites www.adr.org, or by calling the AAA at (800) 778-7879. Should the AAA be unavailable, unable, or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the arbitration shall be conducted by Judicial Arbitration and Mediation Services ("JAMS") pursuant to their applicable arbitration rules.
Payment of Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. If your claim is deemed by the arbitrator to be frivolous or brought in bad faith or with an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11, then the arbitrator may award the Company the reimbursement of its costs and arbitration fees against you and/or your counsel. Unless prohibited by applicable law, the substantially prevailing Party in any dispute between the Parties may recover their reasonable costs and fees incurred in connection with such matter, including reasonable attorneys' fees.
Selection of Arbitrators. The Parties shall select an arbitrator according to a "strike and rank" procedure whereby the Parties: (i) will request and obtain a list of no less than five arbitrators (subject the qualifications below); (ii) within ten days of service of an arbitrator list on the Parties, strike the names of two proposed arbitrators; and (iii) rank the remaining arbitrators in order of preference with number 1 being the most preferred ranking. The remaining arbitrator with the lowest aggregate ranking of preference shall be selected to serve. If the "rank and strike" procedure fails or results in a tie, the AAA (or a substitute arbitration organization) shall appoint an arbitrator. The arbitrator will be a practicing attorney with significant expertise in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute. The arbitration will be concluded within three months of the date the arbitrator is appointed.
Hearing. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA (or a substitute arbitration organization) to establish efficient and fair adjudication procedures.
Confidentiality. At the request of any Party, arbitration proceedings will be strictly confidential; in such case all documents, testimony and records shall be received, heard and maintained by the arbitrator in secrecy under seal, available for the inspection only of the Parties and their respective attorneys and their respective experts who shall agree in advance and in writing to receive all such information confidentially and to maintain such information in secrecy until such information shall become generally known. The decision of the arbitrator will be final and binding upon the Parties hereto and all persons claiming under and through them.
Class Waiver. The Parties also agree that: (a) CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE ENTITIES OR PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES; and (b) TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
For the avoidance of doubt, nothing in this paragraph is intended to conflict with the provision of the Arbitration Agreement regarding the batch resolution of Requests, which overrides this paragraph in the event of a perceived conflict (defined below).
Appeal. If the arbitrator's award exceeds $150,000, either Party may appeal such award to a three-arbitrator panel administered by the Association (or substitute arbitration organization) and selected according to the Arbitration Rules, by filing a written notice of appeal within 30 days after the date of entry of the arbitration award. The appealing Party must provide the other Party with a copy of such appeal concurrently with its submission of the notice of appeal. The three-arbitrator panel must issue its decision within 120 days of the date of the appealing Party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act. The Parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by the AAA's rules (or the rules of the substitute arbitration organization).
Batch Arbitration. "Mass Arbitrations" shall be defined and governed by the Association's Mass Arbitration Supplementary Rules, available at https://www.adr.org/mass-arbitration ("Mass Arbitration Rules"), or similar rules from a substitute organization, such as JAMS, in the event the AAA is unavailable, unable, or unwilling to accept and administer the mass arbitration of any claim under these arbitration provisions. The Parties further agree to the following procedures for Mass Arbitrations:
Federal Arbitration Act. Because the Arbitration Agreement memorializes a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement and not any state arbitration laws.
Severability. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the class action waiver above is found unenforceable, the entirety of the Arbitration Agreement shall be void, other than the jury waiver provision. The foregoing Arbitration Agreement shall survive the termination of the Terms of Use.
Termination
With the exception of the Arbitration Agreement, which shall survive the termination of these Terms of Use, these Terms of Use are effective unless and until terminated by either you or the Company. You may terminate the Terms of Use at any time. The Company also may terminate this Terms of Use at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Terms of Use. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Terms of Use for all purposes.
Miscellaneous
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use, Privacy Policy, and any other documents incorporated therein by reference, constitute the sole and entire agreement between you and the Company regarding the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
We may assign our rights and obligations under this Terms of Use, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.