Terms of Service

1. Acceptance of Terms

By accessing or using the website windowsourcegj.com (the "Site") or submitting a quote request, you ("User" or "you") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not use the Site or submit any forms.

These Terms constitute a legally binding agreement between you and Grand Junction Window Source ("Company," "we," "us," or "our"), a business operating in Grand Junction, Colorado.

2. Description of Services

Grand Junction Window Source provides window replacement and installation services to residential customers in Grand Junction, Colorado and surrounding Mesa County communities. Through this Site, we offer:

• Free, no-obligation in-home window replacement consultations.
• Written quotes for window products and installation services.
• Information about our window products, warranties, and financing options.

Submitting a quote request form does not create a contract for services. A binding service agreement is only formed upon execution of a separate written contract signed by both parties.

3. TCPA Consent

By submitting a quote request form on this Site, you expressly consent to receive calls, text messages (including via automatic telephone dialing systems or artificial/prerecorded voice), and emails from Grand Junction Window Source and its marketing partners at the phone number and email address you provide. This consent is not a condition of any purchase. You may opt out of text messages by replying STOP. Standard message and data rates may apply.

4. User Representations

By using this Site, you represent and warrant that:

• You are at least 18 years of age.
• All information you provide is accurate, current, and complete.
• You have the authority to request services for the property address you provide.
• You will not use the Site for any unlawful purpose.

5. Intellectual Property

All content on this Site, including text, graphics, logos, images, and software, is the property of Grand Junction Window Source or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

6. Disclaimer of Warranties

THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRAND JUNCTION WINDOW SOURCE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR SUBMISSION OF A QUOTE REQUEST, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

8. Indemnification

You agree to indemnify, defend, and hold harmless Grand Junction Window Source and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Site, your violation of these Terms, or your violation of any rights of another person or entity.

9. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. For any dispute not subject to arbitration under Section 10, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Mesa County, Colorado.

10. Binding Arbitration and Class Action Waiver

10.1 Agreement to Arbitrate

Except as provided in Section 10.4, you and Grand Junction Window Source agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any quote request or service (collectively, "Dispute") shall be resolved exclusively through binding individual arbitration, rather than in court. This agreement to arbitrate is intended to be broadly interpreted and includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.

10.2 Arbitration Rules and Procedures

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall take place in Mesa County, Colorado, or by telephone or video conference at your election. The arbitrator shall apply Colorado law consistent with the Federal Arbitration Act. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 CLASS ACTION WAIVER

YOU AND GRAND JUNCTION WINDOW SOURCE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims that by law cannot be subject to mandatory arbitration are excluded from this agreement.

10.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first using this Site or submitting a quote request. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will post the updated Terms on this page with a revised effective date. Your continued use of the Site after any modifications constitutes your acceptance of the updated Terms.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. If the class action waiver in Section 10.3 is found unenforceable, the entire arbitration agreement in Section 10 shall be null and void.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Grand Junction Window Source regarding your use of this Site and supersede all prior agreements and understandings.

14. Contact Us

If you have questions about these Terms, please contact us: