Window Works Terms & Conditions – Updated as of August 2023

By choosing to “Opt In,” you indicate your acceptance of these Terms and Conditions. You also agree to resolve any disputes with Window Works through binding arbitration and forfeit your right to participate in class action lawsuits, as outlined in the sections labeled “Disputes” below.

Definitions

• “Emails” refer to one or more emails sent to your provided email address for various purposes, including informational, transactional, marketing, promotional, or sales-related content.
• “Opting In,” “Opt In,” and similar phrases pertain to actions involving the consent to receive recurring text messages, participate in a Text Message Service, receive Outbound Telephone Calls, and/or receive Emails.
• “Window Works” encompasses Window Works, Inc., along with its subsidiaries, affiliates, employees, agents, and representatives.
• “Outbound Telephone Calls” denote one or more calls made by Window Works to your provided telephone number, including wireless numbers, with the intent to promote goods or services.
• “Services” collectively comprise Emails, Outbound Telephone Calls, and the Text Message Service.
• “Text Message Service” involves any situation where Window Works sends or receives text messages, including recurring messages.

Opting In

By Opting Into any Text Message Service:

• You grant Window Works the permission to use autodialer and/or non-autodialer technology for sending text messages. These messages could be for contact verification, account information, purchase details, or product/service advertisements, even if your number is listed on Do Not Call lists. This consent is not a prerequisite for purchase. You can revoke this consent by contacting Window Works at info@windowworksus.com.
• Your action of Opting In implies your authorization for the Text Message Service.
• You confirm your status as the subscriber to the provided phone number or as an authorized user on a family/business plan.
• We are not liable for delayed or undelivered messages. Keep in mind that participating mobile carriers might change, and the Text Message Service may be restricted to specific carriers.

By Opting In to receive Outbound Telephone Calls:

• You authorize Window Works to use autodialer and/or non-autodialer technology, along with prerecorded messages, to call your provided phone number. These calls might involve contact verification, account information, purchase details, or product/service promotions, even if your number is on Do Not Call lists. This consent is not necessary for purchase. You can withdraw this consent by contacting Window Works at info@windowworksus.com.
• Your action of Opting In signifies your agreement to receive Outbound Telephone Calls.
• You confirm your status as the subscriber to the provided phone number or as an authorized user on a family/business plan.

By Opting In to receive Emails:

• You authorize Window Works to send email messages, automated or manual, individual or mass emails, for purposes such as contact verification, account information, purchase details, or product/service promotions. This consent is not required for purchase. You can withdraw this consent by contacting Window Works at info@windowworksus.com.
• Your action of Opting In indicates your agreement to receive emails.
• You confirm your ownership of the provided email account or your authorization to use it.

Opting In for any Service is not obligatory for purchasing products/services. Your consent for Opting In will be recorded electronically. You can withdraw this consent at any time by contacting Window Works at info@windowworksus.com. These Terms and Conditions still apply if you revoke this consent or opt out of any Services.

About the Services and Opting Out

• Emails: Window Works retains the right to cease sending emails at any time, with or without notice. However, these Terms and Conditions remain in effect. To unsubscribe from Emails, click the “unsubscribe” link at the bottom of an Email. Your request might result in a confirmation or a clarification request for specific email types. Provide the necessary clarification to complete your request. Note that certain transaction-related emails might be exempt from unsubscribing.
• Outbound Telephone Calls: Window Works retains the right to cease initiating Outbound Telephone Calls at any time, with or without notice. These Terms and Conditions still apply. You can withdraw this consent by contacting Window Works at info@windowworksus.com. If you’re on the phone with a Window Works representative, you can inform them of your wish to opt out or revoke consent.
• Text Message Service: Window Works retains the right to stop the Text Message Service or your participation in it at any time, even before you receive all expected messages. These Terms and Conditions continue to apply. Standard message and data rates may apply. Text Message Service typically involves automated recurring messages. To opt out, text back STOP.

Regarding all Services, you consent to the handling of your information as outlined in the Window Works Privacy Policy. For Window Works customer service, call 865-560-3044 or email info@windowworksus.com.

 

Disputes

Any dispute or claim linked to the Services will be exclusively resolved through binding arbitration, excluding court proceedings. You can file claims in small claims court if eligible. These Terms and Conditions adhere to the Federal Arbitration Act and federal arbitration laws.

BY AGREEING TO ARBITRATION, YOU ACKNOWLEDGE THAT YOU ARE FORGOING OTHER AVAILABLE RESOLUTION METHODS, SUCH AS COURT ACTIONS OR ADMINISTRATIVE PROCEEDINGS. ARBITRATION ENTAILS DISTINCT RULES, WITHOUT A JUDGE OR JURY. HOWEVER, AN ARBITRATOR CAN AWARD DAMAGES AND RELIEF COMPARABLE TO COURT DECISIONS AND MUST UPHOLD THE LIMITATIONS STATED IN THESE TERMS AND CONDITIONS.

To initiate arbitration, send a claim description to the American Arbitration Association (AAA) and provide a copy to Window Works at Attn: Legal Department, 10909 Murdock Dr, Knoxville, TN 37932. The arbitration will follow AAA’s rules, including Supplementary Procedures for Consumer-Related Disputes. Details are available at www.adr.org or 1-800-778-7879. AAA fees will be reimbursed for claims under $10,000 (excluding attorney’s fees) unless claims are deemed frivolous. Arbitration can be conducted by telephone, in writing, or in person as agreed.

Both parties agree that dispute resolution will be on an individual basis, not through class, consolidated, or representative actions. Arbitrators can’t consolidate multiple claims or oversee representative/class actions.

If a claim proceeds in court rather than arbitration, both parties waive the right to a jury trial, except if such waiver is unenforceable under applicable law.

 

Applicable Law

THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF TENNESSEE, DISREGARDING CONFLICT OF LAWS PRINCIPLES. THEY APPLY TO DISPUTES OR CLAIMS AGAINST WINDOW WORKS ARISING FROM THE SERVICES IN ANY WAY.