Last Updated: August 8, 2023

Click here to view American Window Replacement's GLBA Notice.

American Window Replacement, Inc. owns and operates each website that displays this Privacy Notice (each, a “Site”). American Window Replacement is a publicly traded company (Nasdaq: QNST; https://www.americanwindowreplacement.com/) that operates in a variety of industry categories.

Your privacy is important to us. We created this Privacy Notice to explain how we collect, use, and share the information that we collect from and about you.

Notice at Collection

The following serves as our notice at collection (“Notice”) of personal information in accordance with applicable law. We collect personal information as detailed in this Notice and in our Privacy Notice. We may “sell” or “share” personal information as those terms are defined under applicable law, and as indicated for each relevant category of personal information below. If you would like to opt out of the sale or sharing of your personal information, you may do so here. We keep personal information as long as reasonably necessary or relevant for the practices described in this Privacy Notice. We also keep personal information as otherwise required by law. What this means in practice will vary among different types of information and our ongoing business or legal needs for the information.

What categories of personal information do we collect?

Identifiers: This includes your name, email address, telephone number, postal address, zip code, unique personal identifier, online identifier, IP address, account name, and other similar identifiers. This data may be sold or shared as described in more detail in our Privacy Notice. Personal Information Described Under Cal. Civ. Code § 1798.80(e) This includes your insurance policy number, employment status, bank account information, credit card or debit card number, financial information, health insurance information, number of vehicles you own, vehicle identification number, outstanding loan amount, homeowner status, and credit information. This data may be sold or shared as described in more detail in our Privacy Notice. Characteristics of Protected Classifications under California or Federal Law: This includes your age, marital status, medical condition, gender, veteran or military status. With the exception of sensitive personal information (e.g., medical condition), this data may be sold or shared as described in more detail in our Privacy Notice. Commercial Information: This includes information related to products or services obtained, or considered, or other purchasing or consuming histories or tendencies. This data may be sold or shared as described in more detail in our Privacy Notice. Internet or other Electronic Network Activity Information: This includes information related to your browsing history and search history information. Technical Information: This includes your browser type, referrer URL, date and time of your visit, MAC address, device type, screen resolution, and OS version. This data may be sold or shared as described in more detail in our Privacy Notice. Geolocation Data: This includes your IP location. Visual and Audio Information: We may use tools and software to monitor and record information about your interactions with the Site and Media Partner sites, including keystrokes, mouse movements, form field entries, and overall engagement with the Site and Media Partner sites. We may also record our marketing calls with you. This data may be sold or shared as described in more detail in our Privacy Notice. Professional or Employment-related Information: This includes information related to your educational level. This data may be sold or shared as described in more detail in our Privacy Notice. Education Information: This includes consumer-reported current or past job history. This data may be sold or shared as described in more detail in our Privacy Notice. Inferences Drawn From the Above: We collect profile inferences that we draw from your information and web activity to create a personalized profile so we can better identify goods and services that may be of interest. This data may be sold or shared as described in more detail in our Privacy Notice. Sensitive Personal Information: This includes your Social Security number, driver's license number, medical information, and medical condition. This data may be sold or shared as described in more detail in our Privacy Notice.

What are the purposes for which we collect and use your personal information?

We use the data we collect from and about you through this Site to connect you with Advertising Partners who can provide you with information about the products and services you are seeking. We may also use the data we collect from and about you: (i) to respond to your requests (e.g., via email, phone calls or texts); (ii) to keep you informed of our products and services (and those of our Advertising Partners); (iii) to allow you to send messages through this Site; (iv) to improve and protect our Sites and business; (v) to monitor your user experience for compliance verification and litigation purposes and (vi) use your data in an aggregated, non-specific format for analytic and demographic purposes. In addition, we use your data to monitor this Site's performance, analyze traffic patterns and usage, and ensure that this Site and any transactions function properly.

• Data Collected and Data Sources
• Data Use
• Data Sharing
• Third-Party Websites
• Social Media Websites
• Security
• Children
• Choices and Access
• Retention Period
• Information for California, Colorado, Connecticut, Utah and Virginia Consumers
• California Privacy Rights Reporting
• Transfer of Personal Information Internationally
• Changes to This Privacy Notice
• American Window Replacement Businesses
• Dispute Resolution
• Contact Us

Data Collected and Data Sources

Automatically Collected Information: We collect data that your device provides when you interact with the Site or sites owned by third-parties with whom we have contractual relationships (“Media Partners”). In most cases, when you come to the Site, we will automatically gather or receive technical data which may include browser type, referrer URL, date and time of your visit, IP address, MAC address, device type, screen resolution, and OS version (“Technical Data”). Technical Data also includes “Cookie and Similar Data” described below. We (or our third-party vendors) may use tools and software (e.g., Jornaya and ActiveProspect) to monitor and record information (including screenshots and videos) about your interactions with the Site and Media Partner sites, including keystrokes, mouse movements, form field entries, and overall engagement with the Site and Media Partner sites.

Other Data You Provide: We collect additional data if you choose to engage with the Site or certain sites owned by our Media Partners. We refer to the information you choose to provide as “Provided Attributes.” This includes contact information that you choose to provide to us or our Media Partners (e.g., name, address, email address, telephone number) about yourself or others. For example, if you click on our advertisement located on a Media Partner's site, that Media Partner may pass your contact information to us. Or, if you inquire about insurance opportunities, products and services, the Provided Attributes you may choose to disclose may also include age, gender, number of vehicles owned and homeowner status. If you inquire about personal loan or related opportunities, products and services, the Provided Attributes you may choose to disclose may also include employment and financial information.

Third Party Data: In some cases, we may combine Technical Data and any Provided Attributes with Third Party Data. “Third Party Data” includes information that we receive from third parties such as credit reporting agencies and Partners (defined below). Third Party Data may also include information we use to confirm, or supplement validate the data you provide (e.g., phonenumber, Vehicle Identification Number, outstanding loan amount). Finally, our Advertising Partners may also provide us with information about your interaction with their advertised products and services (e.g., whether you purchase their products or services). We may combine Technical Data, Provided Attributes and Third Party Data. Please note, we will only obtain credit reporting information with your consent.

Cookie and Similar Data: When you use this Site, we may use a “cookie” or other tracking technology to recognize you or your device. These technologies act as unique identifiers and allow us to tailor this Site to your specified interests and track your activity on this Site and across devices that you use. We may use this information to deliver offers and advertisements that we believe are relevant to your interests.

We have contractual relationships with advertisers, advertising agencies and other intermediaries that have advertisers as clients (collectively, “Advertising Partners”). For example, our lending partner clients are Advertising Partners. Our Media Partners and Advertising Partners (collectively, “Partners”) may also utilize third-party cookies and other tracking technologies like clear pixel GIFs (i.e., web beacons) to identify you. We and our Partners may use these technologies to measure responses to emails, interactions with advertisements, page views on this Site and our Partners’ websites and other similar metrics. Among other things, we use these technologies to enhance this Site, to make this Site more relevant to you, and to measure the effectiveness of our email and other advertising campaigns and those of our Partners. You can opt out of some of our and our Partners’ use of cookies and other technologies at: Google, the Network Advertising Initiative, Invite Media, and Clicktale.

Certain Sites require cookies to function efficiently. We may use cookies to deliver advertising we believe is relevant to you and to link data collected across other devices you use.

Data Use

We use the data we collect from and about you through this Site primarily to connect you with Advertising Partners who can provide you with information about the products and services you are seeking. We generally do this using Technical Data and Provided Attributes, but in certain cases (e.g., lending products) we may also use Third Party Data.

For example, we may have an auto insurance Partner who is only licensed in certain states. We may use Technical Data or Provided Attributes to determine if you are a resident of one of those states. We refer to Advertising Partner requirements generally as “segmentation” and the alignment of consumer data and our Advertising Partner segments as “matching.”

We may also use the data we collect from and about you: (i) to respond to your requests (e.g., via email, phone calls or texts); (ii) to keep you informed of our products and services (and those of our Partners); (iii) to allow you to send messages through this Site; (iv) to improve and protect our Sites and business; (v) to fulfill any purchase you make; (vi) to monitor your user experience for compliance verification and litigation purposes and (vii) use your data in an aggregated, non-specific format for analytic and demographic purposes. We use Technical Data to monitor this Site’s performance, analyze traffic patterns and usage, ensure that this Site and any transactions function properly, and gather demographic information about our user base. We may use automated decision-making in segmentation and matching.

Data Sharing

In addition to the primary uses described in the “Data Use” section above (i.e., sharing your data with Advertising Partners and third parties for the purpose of providing you with information about the products and services you are seeking), we may share your data as follows: (i) with other American Window Replacement businesses; (ii) with service providers who assist us in compliance and verification activities (e.g., credit agencies), or provide services such as payment processing, IT, and data analysis; (iii) if you choose to send a message through, or to contribute to public areas of, this Site (e.g., message boards, blogs); and (iv) with a third party in the event of a sale or transfer of all or part of our business.

We may also disclose the data we collect from and about you to (i) comply with legal processes; (ii) to respond to lawful requests from authorities (including public and government authorities outside your state or country of residence, and including to meet national security or law enforcement requirements); (iii) to enforce our Terms of Service and this Privacy Notice; (iv) to protect our business, rights, privacy, safety, or property or that of others; and (v) as necessary under applicable law (including laws outside your state or country of residence).

Third-Party Websites

This Site may contain links to websites that we do not own or operate. We are not responsible for the content or practices of such websites, including their practices with respect to your data. We have no responsibility or liability for such practices, and the website owner’s privacy policy governs your use of those websites. If this Site includes any mapping features, those mapping features are powered by Google, Inc. and governed by Google’s privacy policy, as amended from time to time.

Social Media Websites

If you engage in any interaction with American Window Replacement or any third party on any social media pages, you should be aware that: (a) the personal information that you submit by and through such social media pages can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable social media websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where American Window Replacement responds to any interaction on such social media pages, your account name/handle may be viewable by any and all members of American Window Replacement’s social media presence.

We are not responsible for the personal information that you choose to submit on any social media websites. The social media websites operate independently from American Window Replacement, and we are not responsible for such social media websites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the social media websites with which you interact to help you understand those social media websites’ privacy practices. If you have questions about the security and privacy settings of any social media websites that you use, please refer to their applicable privacy notices or policies.

Security

We have taken certain physical, technical, and administrative steps to protect the data we collect from and about Site users. We use certain reasonable security measures to help protect your personal information from accidental loss, unauthorized use, alteration, or disclosure. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us. We are not responsible if you circumvent any privacy settings or security measures on our Websites. You use the Site and provide us with your data at your own risk. If we share data as detailed in this Privacy Notice with a third party, we will use all reasonable efforts to ensure that they keep the information secure and that they only use the information consistent with the terms of this Privacy Notice.

Children

We do not knowingly collect, use, share, or sell the personal information of individuals under the age of 16 and this Site is not directed to individuals under 16. If you become aware that an individual under 16 has provided us with personal information, please click here to contact us. If we are made aware that we have collected personal information from an individual under age 16, we will delete this information as soon as practicable.

Choices and Access

Marketing Emails: To stop receiving marketing emails from us, please click here and follow the instructions to unsubscribe. Even if you unsubscribe, we may still send administrative (i.e., non-marketing) messages. To unsubscribe from a third party’s communications, contact that third party directly or follow the instructions to unsubscribe in the applicable marketing email.

Phone Calls and Texts: To opt out of receiving telephone calls or texts from us, please click here and follow the instructions to be placed on our Do Not Call list.

Please note that we will not be able to remove your data from third parties’ databases, and you will need to contact them directly and/or use any available opt-out mechanisms.

Retention Period

We keep Personal Information as long as reasonably necessary or relevant for the practices described in this Privacy Notice. We also keep Personal Information as otherwise required by law. What this means in practice will vary among different types of information and our ongoing business or legal needs for the information, for example in relation to tax, health and safety, and potential or actual disputes or investigations.

Information for California, Colorado, Connecticut, Utah, and Virginia Consumers

When we use the term “personal information” (also known as personal data) in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual or household. It does not include aggregated, anonymized, or de-identified information (subject to applicable laws, rules, or regulations) that is maintained in a form that is not capable of being associated with or reasonably linked to an individual.

In addition to the disclosures elsewhere in this Privacy Notice, this section describes (i) the categories and sources of personal information that American Window Replacement collected, sold or shared; (ii) the purpose for collection and disclosure of such personal information; and (iii) the types of third parties to whom American Window Replacement disclosed such personal information.

Categories of Data American Window Replacement Collected in the Preceding 12 Months. American Window Replacement collected the personal information listed in the Notice at Collection (above), for the purposes described above under “Data Use.” American Window Replacement generally collects the personal information listed in the Notice at Collection (above) as Technical Data or Provided Attributes. For example, American Window Replacement does not create user profiles to determine the gender, marital status or employment status of consumers. American Window Replacement may store aggregated data as segments based upon Technical Data and Provided Attributes. American Window Replacement receives each of those categories of data only as selfreported data from the consumer.

Sources of Data American Window Replacement Collects.

American Window Replacement: American Window Replacement collects Technical Data and Provided Attributes from consumers who visit or engage with our Sites, our call centers or other American Window Replacement owned properties (e.g., in response to emails from or on behalf of American Window Replacement).

Partners and Third Parties: Consumers who visit websites our Media Partners own may be redirected to our Sites. In some cases, we may gather data directly from Media Partner websites, or Media Partners or other third parties may post data to our Sites or otherwise transfer data to us. This may occur via display ads, click listings, inquiry forms or telephonic transfers from Media Partner call centers. Our Advertising Partners may also provide us with data.

Service Providers: American Window Replacement engages service providers to perform a variety of functions (e.g., verifying consumer consent, validating email addresses or phone numbers).

Authorization: We require all parties from whom we receive personal information, whether they are Partners, service providers or other third parties, to represent and warrant to us that they have appropriately obtained the personal information provided to us and have the authority to share the personal information with us.

Categories of Third Parties with Whom American Window Replacement Has Disclosed Personal Information for a Business Purposein the Preceding 12 Months. We may disclose the personal information described in the Notice at Collection (above) with other American Window Replacement businesses, service providers, and Third-Party websites for business purposes described above under “Data Use” and “Data Sharing”.

American Window Replacement may also disclose or sell the personal information in the Notice at Collection (above) to other American Window Replacement businesses or with a third party in the event of a sale or transfer of all or part of our business.

Categories of Personal Information Sold or Shared in the Preceding 12 months, including for the purposes of targeted advertising. We sold and shared the following categories of personal information to Advertising Partners and data aggregators for the commercial purposes described in this Privacy Notice, including for targeted advertising: identifiers, credit information, characteristics of protected classifications under California or federal law, internet or other electronic network activity information, geolocation data, education information, and inferences drawn from the above. We may receive a fee for the transfer of that data or when the consumer purchases a product or service. American Window Replacement does not knowingly collect, share, or sell personal information from individuals under the age of 16.

Your Privacy Rights. Depending on your U.S. state or residence, under applicable law, you may have certain rights in relation to your personal information, including:

• Right to Know: You may have the right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you. You may have the right to access your personal information in a portable format.
• Right to Delete: You may have the right to delete personal information that we have collected from you, subject to certain exceptions. Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, for our internal purposes, or to comply with a legal obligation.
• Right to Correct: You may have the right to correct inaccurate personal information that we may maintain about you, subject to appropriate verification.
• Right to Opt-Out of the Sale or Sharing of Personal Information: You may have the right to opt-out of the “sale” or “sharing” of your personal information, as such terms are defined in applicable privacy law, to third parties and to affiliated companies that do not share the same brand name. This means that, if you opt out, going forward, we will not sell or share your personal information with such third parties to use for their purposes, including cross-context behavioral advertising, unless you later direct us to do so.
• Right to Opt-Out of Targeted Advertising: You may have the right to opt-out of “targeted” advertising, as such term is defined in applicable privacy law. Opting out does not mean that you will stop receiving ads, it just means that those ads will not be targeted based on your personal information.
• Right to Appeal: You may have the right to appeal a decision we have made in connection with your privacy rights request.

Use and Disclosure of Sensitive Personal Information. n. To the extent that we use or disclose “sensitive personal information” or “sensitive data” as those terms are defined in applicable privacy laws, we limit our use or disclosure of the sensitive personal information for permitted business purposes.

How to Submit a Request. To take advantage of the privacy rights available to you based on your state of residence, please contact us by phone at (844)-872-7854 or use the following links:

• Request to Know
• Request to Correct
• Request to Delete

American Window Replacement will confirm receipt of your request within 10 business days and respond within 45 calendar days of your submission (or such additional time as the law allows). Because of the nature of our Sites, American Window Replacement may not be able to verify your identity prior to responding to your Request to Know, Correct, or Delete. Consumers who interact with our Sites are not required to set up an account, to register, or to validate their personal information and American Window Replacement does not maintain an ongoing relationship with consumers who provide their personal information. Because of these factors, American Window Replacement is not able to reasonably verify the identity of any consumer based on the information provided through our Sites and through a submitted request. Therefore, it may be difficult for American Window Replacement to honor Requests to Know. Instead, American Window Replacement may provide in response to such requests a description of American Window Replacement’s business practices regarding its handling of personal information, including a description of the categories of personal information collected, maintained, sold, and shared.

To take advantage of your right to opt out of the sale or sharing of personal information or to opt out of targeted advertising, please click here, which is also on our website footer (“Do Not Sell or Share My Personal Information”) or call us at (844)-872-7854.

Submitting an opt-out request does not require you to create an account with us.

To appeal American Window Replacement’s decision regarding a request related to these rights, you may email American Window Replacement at legalq@AmericanWindowReplacement.com.

Nevada residents may use the email address above to submit a verified request to direct us to stop the sale of your covered information.

We will not discriminate against you because you exercised your rights under this section of the Privacy Notice.

Agent Requests.

Only you, or someone legally authorized to act on your behalf, may submit a request related to your personal Information. You may also submit a request on behalf of your minor child.

Depending on your U.S. state of residence, you may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf. American Window Replacement retains the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity.

California Privacy Rights Reporting

Calendar 2021 Data Subject Requests (DSRs) for Personal Information (PI)

	Requests Received	Requests Completed	% Completed	Average Days to Respond
Access to PI	33	28	84.8%	32 Days
Delete PI	88	88	100%	32 Days
Correct PI	15	14	93.3%	1 Day
Opt-out of Sale of PI	1188	1188	100%	2 Days
Total	1324	1318	99.5%

Some DSRs could not be completed due to our inability to validate the requestor's identity.

Transfer of Personal Information Internationally

If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of personal information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Notice.

Changes to this Privacy Notice

We may amend this Privacy Notice from time to time. When we do, we will post an updated version of the Privacy Notice and revise the “LAST UPDATED” date at the top. We will provide appropriate notice to you if we change the Privacy Notice in any material way. Using this Site after we make any changes means you accept those changes and the revised Privacy Notice.

American Window Replacement Businesses

For purposes of this Privacy Notice, “you” or “your” means the person(s) using this Site or the products or services offered through this Site. “American Window Replacement,” “us,” or “we” includes (but is not limited to) American Window Replacement, Inc., American Window Replacement Media, Inc., American Window Replacement Insurance Agency, Inc., American Window Replacement Properties, Inc. and American Window Replacement PL, Inc. American Window Replacement, Inc. is the party responsible for this Privacy Notice and compliance with it.

Dispute Resolution

You have the right to submit feedback about this Privacy Notice, or the practices described in it, to the applicable supervisory authority in your jurisdiction of residence.

Contact Us

If you have any questions about this Privacy Notice you may: (1) submit an inquiry at the Contact Us page, here, and select “Other Consumer Issues,” (2) email at legalq@AmericanWindowReplacement.com, or (3) mail at:

Privacy Notice Questions
c/o American Window Replacement, Inc. [Legal Department]
950 Tower Lane, 6th Floor
Foster City, CA 94404

Last Updated: August 18, 2023

Thank you for visiting one of our websites. Our websites (the "Websites"), including but not limited to www.americanwindowreplacement.com, www.amone.com, and www.modernize.com, are copyrighted works belonging to American Window Replacement, Inc. ("American Window Replacement"). American Window Replacement grants you the right to use the Websites subject to these Terms of Use and our Privacy Notice, and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Terms").

Be advised that these Terms contain disclaimers of warranties and limitations on liability that may be applicable to you. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING ANY OF THE WEBSITES, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE ANY OF THE WEBSITES.

THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH BELOW. PLEASE REVIEW CAREFULLY.

1. Privacy Notice. Please review the American Window Replacement Privacy Notice, which may be found at https://www.americanwindowreplacement.com/privacy-notice ("Privacy Notice"). The terms of the Privacy Notice are incorporated into, and considered a part of, these Terms.

2. Use of Information. When you visit a American Window Replacement Website, in some cases you will be prompted to disclose certain information about yourself and the products or services that you are inquiring about ("Service Request"). By completing a Service Request and agreeing to the consent provided, you agree that you are entering into a business relationship with American Window Replacement and its third-party partners and service providers, and therefore agree to be contacted by American Window Replacement, its advertising partners, and/or service providers.

3. License. American Window Replacement owns and operates the Websites. The information and content available on the Websites, or in any communications American Window Replacement sends you (the "Website Content") are protected by copyright laws throughout the world. American Window Replacement grants you a limited license to reproduce portions of the Website Content for the sole purpose of reviewing the Website Content as an applicant for employment, a current or potential customer, current or potential business partner, or current or potential investor of American Window Replacement. All copyright and other proprietary notices on any Website Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Website Content is strictly prohibited. American Window Replacement and its licensors reserve all rights not granted in these Terms.

4. Trademarks. All trademarks, logos and service marks (collectively, "Marks") displayed on the Websites are American Window Replacement's property or the property of other third parties. You are not permitted to use these Marks without American Window Replacement's prior written consent or the consent of the third party that owns the Marks.

5. Modification. American Window Replacement reserves the right, at any time, to modify the Website Content or to modify, suspend, or discontinue the Websites or any part thereof with or without notice. You agree that American Window Replacement will not be liable to you or to any third party for any modification of the Website Content or modification, suspension, or discontinuance of the Websites.

6. Rules of Conduct.

   1. You must be at least 18 years old to visit or use the Website in any manner. By visiting the Website or accepting this Agreement, you represent and warrant to American Window Replacement that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by this Agreement.
   2. You must not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Website.
   3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, American Window Replacement prohibits the creation of - and you agree that you will not create - an account for anyone other than yourself. You also represent that all information you provide or provided to American Window Replacement upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
   4. You must not create accounts with the Website through unauthorized means, including by using an automated device, script, bot, spider, crawler or scraper.
   5. You must not solicit, collect or use the login credentials of other Website users.
   6. You must not use the Website to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Website.
   7. You must not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Website, including copyright laws.
   8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials that you submit, post or display on or via the Website.
   9. You must not interfere or disrupt the Website or servers or networks connected to the Website Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Website page is rendered or displayed in a user's browser or device.
   10. You must not use any robot, spider, Website search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without American Window Replacement's express prior written consent. Notwithstanding the immediately foregoing sentence (but subject to the other items listed above), American Window Replacement grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases, at any time.
   11. You must not restrict or inhibit any other person from using the Website (including by hacking or defacing any portion of the Website).
   12. You must not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
   13. Except as expressly permitted by applicable law, you must not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
   14. You must not remove any copyright, trademark or other proprietary rights' notices from the Website or materials originating from the Website.
   15. You must not frame or mirror any part of the Website without American Window Replacement's express prior written consent.
   16. You must not create a database by systematically downloading and storing all or any Website content.

7. Registration; Usernames and Passwords. On certain of the Websites, you may be required to register with American Window Replacement in order to access certain services or areas of the Website. With respect to any such registration, American Window Replacement may refuse to grant you, and you may not use, a username (or email address) that violates the intellectual property or other rights of any person; that is offensive; or that American Window Replacement rejects for any other reason in its sole discretion. Your username and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Website, and agree not to transfer your password or username, or lend or otherwise transfer your use of or access to the Website, to any third party. You are fully responsible for all interaction with the Website that occurs in connection with your password or username. You agree to immediately notify American Window Replacement of any unauthorized use of your password or username or any other breach of security related to your account or the Website, and to ensure that you "log off"/exit from your account with the Website (if applicable) at the end of each session. American Window Replacement is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

8. Feedback. If you provide any feedback or suggestions to American Window Replacement regarding the Websites and/or American Window Replacement's other services (collectively, "Feedback"), American Window Replacement may use such Feedback for any purpose. So that we may incorporate such Feedback into American Window Replacement's Websites and/or American Window Replacement's services, American Window Replacement alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback and you hereby assign such Feedback to American Window Replacement free of charge.

9. Third Party Links. The Websites may contain links to other websites operated by third parties. Such third party websites are not under the control of American Window Replacement. American Window Replacement is not responsible for the content of any third party website or any link contained in a third party website. American Window Replacement provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. If you decide to access any of the third party websites linked to any of our Websites, you do this entirely at your own risk. Third party websites are subject to their own terms and policies, including privacy and data gathering practices.

10. Requests to be Matched. Some of our Websites provide you access to certain services, such as referrals to products, services, suppliers and service providers that may be of interest to you (the "Website Services"), and to certain content provided by us or by third parties, such as news and information regarding such products, services and supplies in various industries (the "Website Content"). PLEASE READ THE FOLLOWING CAREFULLY:

    Services. Certain of our Websites provide you with the opportunity to submit requests (each, a "Request") for information on a wide variety of products and services offered by certain service providers (each such service provider, a "Service Provider"). We cannot and do not guarantee that these Service Providers will provide information for every Request received or that the Service Providers who do respond to your Request can in fact meet all of your requirements. We may reject any Request and/or elect not to forward a Request to participating Service Providers, for any reason or no reason. Subject to certain exceptions below, the Website acts solely as a paid marketing lead generator. American Window Replacement may receive a marketing lead generation fee from the Service Providers. You should rely on your own judgment in deciding which available product or service and Service Provider best suits your needs.

    Transfer of your information. In submitting a Request to be matched on the Website, you agree to allow us to transfer all of your information in connection with your Request to matching Service Providers, whether or not you have specifically selected such Service Provider. If any Service Provider(s) wish to provide information to you in connection with your Request, you will be contacted regarding the offerings and related pricing. Please notify the Service Provider(s) directly if you no longer wish to receive communications from them. The Service Provider(s) may keep your Request information and any other information provided by us in connection with your Request whether or not they offer you a product or service.

    Additional Terms Applicable to Financial Services Requests

    1. Financial Services Requests, Generally. Our Websites provide you with the opportunity to submit Requests for information and to be matched with financial services Service Providers, such as insurance companies, mortgage lenders, and personal loan lending partners (collectively, "Financial Services Requests"). Subject to the limited exceptions below, a Financial Services Request is not an application for insurance, credit or a request for a loan pre-qualification; rather, it is an inquiry to be matched with Service Providers. As such, American Window Replacement does not make any decisions regarding the products and services offered by the Service Providers and does not make any underwriting, loan or credit decisions. Subject to the limited exceptions below, American Window Replacement is not your agent, the agent of any Service Provider, nor a broker, lender, creditor for or issuer of the products featured on these Websites.
       1. Exception: Automobile Insurance Policies. If you submit a Financial Services Request for automobile insurance coverage, American Window Replacement may match you with one or more quotes from our Service Providers. In some cases, American Window Replacement also may offer you the ability to purchase automobile insurance policies directly through its website Insurance.com (Auto Policy Sale). The services provided in connection with the purchase of automobile insurance policies through Insurance.com are offered by American Window Replacement Insurance Agency, Inc. In connection with Auto Policy Sales, American Window Replacement would act as the agent on behalf of these companies offering insurance policies directly to you.
       2. Exception: 360 Finance. If you submit a Financial Services Request for a loan or other financing through the website 360finance.modernize.com ("360 Finance"), American Window Replacement may match you with one or more quotes from our Service Providers (e.g., lending partners). In some cases, American Window Replacement also may offer you the ability to submit an application to a Service Provider in response to the Service Provider's quote on 360 Finance. The services provided in connection with 360 Finance are offered by American Window Replacement PL, Inc.
    2. Authorization to Obtain Full Social Security Number, Credit Report and Credit Score. You understand and agree that by submitting your request to be matched with Service Providers on certain Websites, you authorize American Window Replacement under the Fair Credit Reporting Act (FCRA) to obtain your full Social Security Number, credit report, and credit score from a credit reporting agency to verify your identity and to match you with lending partners or Service Providers. You understand and agree that you are also providing written instruction under the FCRA for these matching Service Providers separately to obtain your credit report, credit score, and other information from one or more credit reporting agencies in order to verify your identity and provide you with prequalified quotes. In submitting a Financial Services Request, you agree to allow us to transfer this information, including your social security number, in connection with your Financial Services Request to matching Service Providers, whether or not you have specifically selected such Service Provider. You further expressly authorize any Service Providers with whom you are matched to share among its affiliates, loan servicers, and bank partners any transaction history related to your financial products or services received or serviced through such Service Provider for the limited purpose of evaluating you for credit.
    3. No guarantee of insurance, loan or credit. We cannot and do not guarantee that you will be matched to any Service Provider, that any Service Provider will make a loan or offer to you, or that any program terms including any specific loan terms or rates, offered by the Service Providers are the best terms or lowest rates available in the market. A Service Provider's offer may be subject to market conditions, approval and qualification. The rates and fees you actually achieve may be higher or lower depending on your complete credit and financial profile. Your ability to secure any loan or consummate any transaction with any Service Provider is solely a matter to be resolved between you and such Service Provider. You may have to complete an application with, and pay an application fee to, the Service Provider before they extend an offer to you or provide that Service Provider with additional information to enable them to further verify your income.

    No endorsements or recommendations. In working with Service Providers, we seek to work with companies that are reputable and professional; however, we strongly recommend that you perform your own due diligence on each potential Service Provider prior to selecting and/or entering into any type of agreement or other arrangement with any particular Service Provider. In addition, once we refer your Request to the Service Providers, American Window Replacement has no further involvement in any transactions that occur between you and the Service Provider(s). American Window Replacement neither recommends nor endorses any specific products, opinions, or other Website Content that may be made available through or mentioned on the Website.

    American Window Replacement is not responsible or liable for any Service Provider's acts or omissions including for any quotes or services that any such Service Provider may provide, for any Service Provider's contacting or failure to contact you, for any Service Provider's performance or failure to perform any services, or for any agreement or transaction between you and any Service Provider.

    No substitute for professional advice. We provide all Website Content and Website Services solely for your convenience, and such Website Content and Website Services (i) are not intended as a substitute for professional advice; (ii) should not be construed as the provision of advice or recommendations; and (iii) should not be relied upon as the basis for any financial decision or action. We are not responsible for the accuracy or reliability of any Website Content or the Website Services. Website Content is not exhaustive and should not be considered complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness or usefulness of any Website Content or Website Services available through the Website. The relationship between you and us is not a professional or similar relationship; always seek the advice of a qualified professional with respect to any questions that you may have, and never disregard professional advice or delay in seeking it because of something that you have read on the Website.

11. Consent to Electronic Communications. When you visit one of American Window Replacement's Websites or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we 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. 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.

    If you submit a request to be matched with one of our third party Service Providers, please note that these third party Service Providers may be required by law to provide you with certain communications, notices, disclosures, information and other materials ("Communications"). These third party Service Providers must obtain your consent in order to provide you with these Communications electronically. By submitting a request to be matched with one of our third party Service Providers, you affirmatively consent and agree to receive all Communications required under law electronically in accordance with the terms of American Window Replacement E-SIGN CONSENT. PLEASE READ THE TERMS OF THE American Window Replacement E-SIGN CONSENT CAREFULLY.

12. SMS Alerts for Users. American Window Replacement mobile alerts are marketing text messages that contain information about American Window Replacement's promotions, deals, or products that may be of interest to you.

    By submitting your information, you expressly consent to receive recurring autodialed marketing messages from or on behalf of American Window Replacement at the mobile number you provided. You understand that consent is not a condition of purchase. Message and data rates may apply. Message frequency will vary.

    You can cancel the SMS alerts at any time. Just text "STOP" to 72755 for educational alerts or 27419 for insurance alerts. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

    If at any time you forget what keywords are supported, just text "HELP" to 72755 or 27419. After you send the SMS message "HELP" to us, we will respond with instructions on how to unsubscribe. As always, standard text message and data rates may apply for any SMS messages sent to you from us and to us from you. If you have any questions about your text plan message or data plan, it is best to contact your wireless provider carrier.

13. WARRANTY DISCLAIMER. American Window Replacement IS PROVIDING THE WEBSITES AND THE WEBSITE CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR USE AT YOUR OWN RISK. American Window Replacement DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. American Window Replacement DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT OR THE INFORMATION PROVIDED ON THE WEBSITES. INFORMATION AT THE WEBSITES MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS WEBSITE AND MAY CONTAIN ERRORS.

    American Window Replacement MAKES NO WARRANTY, REPRESENTATION, GUARANTEE, OR ENDORSEMENT WITH RESPECT TO ANY PRODUCTS AND SERVICES OFFERED BY THIRD PARTY COMPANIES OR SERVICE PROFESSIONALS THAT MAY APPEAR ON THIS WEBSITE NOR THAT THESE SERVICES WILL BE AVAILABLE TO YOU. American Window Replacement SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, AND THE CONDUCT OF ANY THIRD PARTY SERVICE PROFESSIONAL. THE SERVICE PROFESSIONALS ARE NOT EMPLOYEES OR AGENTS OF American Window Replacement. YOUR RIGHTS UNDER CONTRACTS YOU ENTER INTO WITH SERVICE PROFESSIONALS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS ANY BY APPLICABLE FEDERAL, STATE, AND LOCAL LAWS. SHOULD YOU HAVE A DISPUTE WITH ANY SERVICE PROFESSIONAL, YOU MUST ADDRESS SUCH DISPUTE WITH THE SERVICE PROFESSIONAL DIRECTLY.

14. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, American Window Replacement SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES OR THE WEBSITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT American Window Replacement HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. American Window Replacement'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITES, OR THE WEBSITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50).

    THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND American Window Replacement. ACCESS AND USE OF THE WEBSITES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY, IN SUCH JURISDICTIONS, THE LIABILITY OF American Window Replacement SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Indemnification. You agree to indemnify and hold American Window Replacement, its subsidiaries, affiliates, officers and employees, and Service Providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, the violation of this Agreement by you, or the infringement by you, or other user of the Website using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. American Window Replacement and its Service Providers assume no responsibility whatsoever for such content or actions.

16. RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE American Window Replacement AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.

17. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS ("ARBITRATION AGREEMENT")
    PLEASE READ THIS SECTION CAREFULLY - THIS ARBITRATION AGREEMENT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION (HEREINAFTER "CLASS ACTION").

    ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OR TO FILE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION SUBJECT TO THE LIMITED EXCLUSIONS BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY.

    Most concerns can be resolved by reaching out to our internal legal department by emailing legalq@AmericanWindowReplacement.com. In the event the legal department is unable to resolve a complaint to your satisfaction, this section explains how any Dispute (as defined below) will be resolved through arbitration.

    In this Arbitration Agreement, the terms "American Window Replacement" "our," "we," or "us" includes American Window Replacement, Inc., and of its present or future affiliates or subsidiaries, and any persons or entities (including agents or employees) related to American Window Replacement or its present affiliates or subsidiaries.

    YOU AND American Window Replacement AGREE THAT ANY DISPUTE (DEFINED BELOW) SHALL BE RESOLVED ONLY BY FINAL AND BINDING BILATERAL ARBITRATION. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT IF THOSE CLAIMS OTHERWISE QUALIFY FOR SMALL CLAIMS COURT AND AS LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE BASIS).

    You and American Window Replacement agree that these Terms affect interstate commerce and the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a Dispute is subject to arbitration.

    This Arbitration Agreement applies to any "Dispute." For purposes of this Arbitration Agreement, "Dispute" shall include, but is not limited to, any claims or controversies between you and American Window Replacement that are related in any way to these Terms, including, but not limited to, your use of any of the Websites, privacy-related matters, advertising, and/or any communications between you and American Window Replacement, whether occurring on the Websites (or any of them), in a mobile application or by phone or email, even if the Dispute arises after the termination of your relationship with American Window Replacement. "Dispute" also includes, without limitation, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; (b) American Window Replacement brings against you; (c) in any way relate to or arise out of any aspect of the relationship between you and American Window Replacement, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) arose before these Terms or out of a prior agreement with American Window Replacement (including, without limitation, claims relating to advertising); (e) are subject to ongoing litigation where you are not a party or a class member; and/or (f) arise after the termination of these Terms. "Dispute" will be given the broadest possible meaning permitted by law. "Dispute," however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property, which shall not be subject to arbitration or the notice and informal process described below. The arbitrator shall decide all issues except those relating to the scope, validity, and enforceability of the Arbitration Agreement or any issues arising from or relating to the arbitrability of any Disputes. These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.

    1. Pre-Arbitration Informal Dispute Resolution.

       1. You and American Window Replacement agree to make a good faith effort to resolve any Dispute informally prior to you or American Window Replacement initiating an arbitration proceeding. You or American Window Replacement must first send a written notice to the other party providing a detailed description of the Dispute; your name and contact information (address, telephone number, and email address); sufficient information to enable you or us to identify any transaction at issue; and a detailed description of (1) the nature and basis of any claims, and (2) the nature and basis of the relief sought with a detailed calculation for that relief. Your notice to us must be personally signed by you (and your attorney if you are represented). Our notice to you will be personally signed by a American Window Replacement representative (and our attorney if we are represented).
       2. Your notice to American Window Replacement must be sent to American Window Replacement, Legal Department, 950 Tower Lane, Suite 600, Foster City, CA 94404, with a copy by e-mail to legalq@AmericanWindowReplacement.com. Our notice to you will be sent based on the most recent contact information that you have provided to us. If no such information exists or if such information is not current, then we have no obligation under these Terms. For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together in an effort to try to resolve the Dispute. If requested by us in connection with a notice initiated by you, you must personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss potential resolution. If requested by you in connection with a notice initiated by us, a American Window Replacement representative must personally participate in an individualized telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the Dispute is not resolved within this 60-day period (which can be extended if you and we agree), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a prerequisite to commencing arbitration.
       3. The party initiating arbitration must include as part of the demand for arbitration a signed certification of compliance with the informal dispute resolution process. If you initiate arbitration, then the certification must be signed by you (and by your attorney, if you are represented). If we initiate arbitration, then the certification must be signed by a American Window Replacement representative (and our attorney, if we are represented).
       4. Any applicable statute of limitations shall be tolled while the parties engage in this informal dispute resolution process.
       5. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party's election, and any arbitration proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. You or we may also elect to raise non-compliance with this informal dispute resolution process with a Process Arbitrator (as applicable) or with the Merits Arbitrator.

    2. Waiver of Jury Trial; Waiver of Class Actions.

       YOU AND American Window Replacement WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. YOU AND American Window Replacement ARE INSTEAD CHOOSING TO HAVE ALL DISPUTES RESOLVED BY ARBITRATION. ARBITRATION PROCEEDINGS ARE TYPICALLY MORE LIMITED, MORE EFFICIENT, AND LESS COSTLY THAN PROCEEDINGS COURT. ARBITRATION PROCEEDINGS ARE ALSO SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN ANY LITIGATION BETWEEN YOU AND American Window Replacement OVER WHETHER TO VACATE OR ENFORCE AN ARBITRATION AWARD, YOU AND American Window Replacement WAIVE ALL RIGHTS TO A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND ELECT INSTEAD TO HAVE THE DISPUTE BE RESOLVED BY A JUDGE.

       YOU AND American Window Replacement WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN COURT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW. UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND American Window Replacement AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF). THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS.

    3. Arbitration Rules; Procedures; Fees.

       1. To begin an arbitration proceeding, you must send an arbitration demand that contains the information set forth in the informal dispute resolution section (required for the notice) along with all information required by the American Arbitration Association (AAA) to the AAA with a copy to American Window Replacement, Legal Department, located at: American Window Replacement Legal Department, 950 Tower Lane, Suite 600, Foster City, CA 94404, with a copy by e-mail to legalq@AmericanWindowReplacement.com, or we must send an arbitration demand to you that contains this same information set forth above to the AAA with a copy to the most current address we have on file for you.
       2. The arbitration demand must be accompanied by a signed certification of completion of the informal dispute resolution process referenced above and be personally signed by you (and your attorney, if you are represented) if you are initiating arbitration or by a American Window Replacement representative (and our attorney, if we are represented) if we are initiating arbitration. By signing the arbitration demand, you or American Window Replacement (and our attorneys, if applicable) certify to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on the parties and their counsel.
       3. The arbitration will be administered by the AAA under its rules, including the AAA's Consumer Arbitration Rules as applicable. The AAA's rules are available at www.adr.org/Rules. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Arbitration Agreement, the parties shall seek to agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court to appoint an administrator that will administer the arbitration consistent with this Arbitration Agreement. Payment of all arbitration fees will be governed by the AAA's rules. American Window Replacement will reimburse the consumer portion of the arbitration fee following the proceeding upon your sufficient demonstration of financial hardship (1) if the AAA declines your request for a fee waiver; (2) provided you comply with the provisions of the Arbitration Agreement including the informal dispute resolution process referenced above; and (3) provided your claim is not deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Notwithstanding the foregoing, if American Window Replacement is required to pay the consumer portion of the arbitration fee for this Arbitration Agreement to be enforceable, it shall do so. The provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award.
       4. Except as specifically provided herein, you may choose to have the arbitration conducted by phone, video, in-person or through written submissions, except any Dispute over $75,000 shall have an in-person or video hearing. American Window Replacement reserves the right to request a hearing in any matter from the arbitrator. If you initiate arbitration, then you agree to personally appear at any in-person, video, or telephonic hearing (along with your attorney if you are represented). If we initiate arbitration, then American Window Replacement agrees to have a representative appear at any in-person, video, or telephonic hearing (along with our attorney if we are represented). If an in-person arbitration hearing is required, then it will be conducted at a location that is reasonably convenient to you or at another mutually agreed location. The arbitrator shall be located in reasonable proximity to you or the mutually agreed location if a hearing is required or requested consistent with the above.
       5. The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms as a court would, and will adjudicate any Dispute according to applicable law and facts based upon the record and no other basis. The arbitrator shall issue a reasoned written award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party's individual claim. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.
       6. You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, you or we may negotiate with the AAA for reduced fees and costs and for streamlined procedures designed to reduce the costs and increase the efficiencies of arbitration.

    4. Special Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar claims are asserted against American Window Replacement by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for American Window Replacement shall each select five (5) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial ten (10) proceedings, each side shall select another five (5) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against American Window Replacement.

    5. Opt-out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: American Window Replacement, Legal Department, 950 Tower Lane, Suite 600, Foster City, CA 94404 postmarked within 30 days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of the Arbitration Agreement contained in these Terms of Use.

    6. Severability and Survival. Except as specifically provided in the Arbitration Agreement, if any part or parts of this Arbitration Agreement is/are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. If, however, any court or arbitrator determines that the class action waiver set forth in section 16.2 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, and all appeals from that decision have been exhausted (or the decision is otherwise final), then the Arbitration Agreement shall be deemed null and void in its entirety. This Arbitration Agreement will survive the termination of your relationship with American Window Replacement.

    7. Future Changes to Arbitration Agreement. American Window Replacement agrees that if we make any future changes to this Arbitration Agreement (other than a change to our mailing address), you may reject any such change by sending us written notice to the address provided above within 30 days of the change. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and American Window Replacement in accordance with the language of this Arbitration Agreement section.

18. Claims of Copyright Infringement. 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:

    American Window Replacement, Inc.
    ATTN: Copyright Agent
    950 Tower Lane, 6^th Floor
    Foster City, CA 94404
    Email: legalq@AmericanWindowReplacement.com
    Phone: (650) 578-7700
    Fax: (650) 350-1423

    We suggest that you consult your legal advisor before submitting a notice or counter-notice.

19. Amendment. These Terms are subject to occasional revision, and if American Window Replacement makes any substantial changes, American Window Replacement will notify you by sending you an e-mail to the last e-mail address you provided to American Window Replacement (if any American Window Replacement may have in its records) and/or by prominently posting notice of the changes on the Websites. Any material changes to these Terms will be effective upon the earlier of thirty (30) calendar days following American Window Replacement's dispatch of an e-mail notice to you or thirty (30) calendar days following American Window Replacement's posting of notice of the changes on the Websites. These changes will be effective immediately for new users of the Websites. Continued use of the Websites following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms as modified. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Websites.

20. General Provisions. If any provision in these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law (except as provided in Section 16.6). These Terms and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using any of our Websites, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for San Mateo County, California for any lawsuit filed there against you by American Window Replacement arising from or related to these Terms. These Terms (which includes the Privacy Notice and any other legal notices or terms located on particular pages of the Websites) constitute the entire agreement between you and American Window Replacement regarding the use of the Website(s) and Website Content. Notwithstanding the foregoing, these Terms do not supersede or amend (and will not take precedence over) any signed written agreement between you and American Window Replacement with respect to the subject matter of that signed written agreement, unless otherwise set forth in that signed written agreement. If you have any questions about the foregoing, please contact American Window Replacement at the following e-mail address: legalq@AmericanWindowReplacement.com.

Contact Information:

American Window Replacement, Inc.
950 Tower Lane, Suite 600
Foster City, CA 94404

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Calling us at 1-800-000-0000 or send us an email request at support@americanwindowsreplacement.com