Terms of Use

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU AND US CAN SEEK RELIEF FROM EACH OTHER AND REQUIRES ALL DISPUTES TO BE BROUGHT SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.

Governing Law and Venue. These Terms and any disputes between you and Exterior Remodelers of America will be governed by Arizona law, without regard to its principles of conflicts of law. You and Exterior Remodelers of America agree to the exclusive jurisdiction of the federal and state courts located in Phoenix, Arizona, and agree to submit to the personal jurisdiction of such courts for the purposes of litigating any applicable Dispute.

"Disputes" are any disputes, claims, actions, and other controversies between you and us, or between you and our affiliates or agents, that arise out of or relate to these Terms, the Services, or any other products or services related thereto, whether based in contract, tort, warranty, fraud, misrepresentation, statute, regulation, or another legal or equitable basis.

Informal Dispute Resolution Prior to Litigation. Before starting litigation, you and we must first attempt to resolve the Dispute through informal negotiation for a period of sixty (60) days, or such longer period as mutually agreed in writing, from the day either party receives a written notice of a Dispute (a "Claimant Notice"). The statute of limitations and any filing fee deadlines will be tolled for the duration of that period.

A valid Claimant Notice must be in writing and include: (i) the name, address and email address of the party giving notice; (ii) a description of the nature and facts of the Dispute; (iii) the relief requested, including the damages sought and a detailed calculation of them; (iv) an acknowledgement that the Dispute is subject to these Terms; and (v) a personally signed statement from the claimant verifying the accuracy of the contents of the notice. A Claimant Notice must be individualized and may concern only your Dispute and no other person or entity.

You will send any Claimant Notice to us at 2432 W. Peoria Ave., Ste. 1186, Phoenix, AZ 85029, Re: Notice of Dispute, with a copy by email to admin@krasivawindows.com using the subject heading "Notice of Dispute." We will send any Claimant Notice to you at the contact information we have on file.

Meet and Confer. The recipient of a Claimant Notice may request an individualized telephone or video settlement conference, and both parties shall personally attend (with counsel, if represented) any conference that is held.

CLASS ACTION WAIVER. NO DISPUTE SHALL BE JOINED TO ANY OTHER DISPUTE. NO CLASS ACTION PROCEEDINGS OR ANY PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY SHALL BE PERMITTED, AND NEITHER PARTY WILL PARTICIPATE AS A CLASS MEMBER IN ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES. ANY RELIEF MAY BE AWARDED ONLY INDIVIDUALLY.

One Year to Assert Claims. In no event shall either party send a Claimant Notice or commence litigation over any Dispute more than one (1) year after the Dispute first arose. After such time, the Dispute is permanently barred.

Severability. If any part of this section is found to be unlawful or unenforceable, that provision will be severed and the remainder of these Terms will remain in effect.

Please review our Privacy Policy, which is incorporated by reference in these Terms of Use. By using the Services, you are consenting to and agreeing to be bound by the Privacy Policy.

When you use the Services, you consent to receive communications from us electronically via the Services, email, text message, telephone, or otherwise. You agree to provide accurate, current, and complete information about yourself when you use the Services and to update such information while you continue to use the Services.

If you access this Site from outside of the United States, you do so at your own risk and are responsible for compliance with local, national, or international laws. This Site and the Services may not be available in all locations.

You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Site or our Services; and (c) have full power and authority to enter into these Terms, and in doing so will not violate any other agreement to which you are a party.

We provide exterior remodeling, installation, repair, and related construction services. Estimates, proposals, renderings, and design materials describe the scope quoted at the time of issue and may change based on site conditions discovered during the work, material availability, and permitting or inspection requirements. Images on this Site depict representative past projects and are not a guarantee that your project will match in appearance, materials, or finish.

Information published on this Site is general in nature and provided for convenience only. It is not regulatory, legal, medical, or environmental advice, and it does not create a professional relationship. You should not rely on it as a substitute for a site-specific evaluation or for guidance from the applicable regulatory authority or a qualified professional.

You are responsible for providing safe and adequate access to the property and for disclosing known hazards and the location of underground or concealed utilities. Pricing, scope of work, schedule, change orders, payment terms, and any workmanship or manufacturer warranties are governed by the separate written contract, proposal, or work order you enter into with us, which controls in the event of any conflict with these Terms.

By accessing our Site, requesting an estimate, submitting a form, or otherwise providing your contact information, you consent to (i) us communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations from us electronically; and (iii) entering into agreements and transactions using electronic records and signatures. Federal law treats electronic signatures as having the same legal force and effect as handwritten signatures.

If you provide a telephone number, you consent to receive calls and text messages from us regarding your request, including via automated technology. Consent is not a condition of purchase. Message and data rates may apply. You may opt out of marketing messages at any time by replying STOP or by contacting us using the details below.

The Services and all intellectual property pertaining to or contained on the Services (including copyrights, patents, database rights, graphics, designs, text, photographs, reports, logos, trade dress, trademarks, and service marks) are owned by Exterior Remodelers of America or third parties, and all rights, title, and interest will remain the property of the applicable owner (the "Exterior Remodelers of America Materials").

You are authorized to view and retain a copy of pages of the Services only for your own personal, non-commercial use, and to view and make copies of relevant documents for the purpose of transacting business with us. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or otherwise distribute or exploit the Services for any public or commercial use without our prior express written consent.

You agree that you will not remove or alter any author, trademark, or other proprietary notice displayed on the Services, and that Exterior Remodelers of America Materials shall not be submitted to, processed by, or otherwise fed into any artificial intelligence or automated processing system without our prior written permission.

You are solely responsible for the content and information ("User Content") that you post or upload on the Services, including reviews, photographs, feedback, and questions.

By submitting User Content, you grant us a royalty-free, perpetual, worldwide, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, translate, create derivative works from, distribute, sub-license and otherwise exploit such User Content in any form or media now known or later developed, without payment to you or any third party. This license includes the right to reproduce User Content for marketing and advertising purposes.

User Content is considered non-confidential and we are under no obligation to treat it as proprietary. We may access, preserve, and disclose User Content if required by law or in the good-faith belief that doing so is reasonably necessary to comply with legal process, enforce these Terms, respond to claims, provide customer service, or protect the rights, property, or safety of any person.

We do not pre-screen User Content and make no representation that the Services will be monitored for accuracy or unacceptable use. We may remove any User Content, in whole or in part, at our sole discretion.

You represent and warrant that you will use the Services solely for lawful purposes and in a manner consistent with these Terms and all applicable laws. By using the Services, you agree that you will not:

We respect the intellectual property rights of others and ask you to do the same. If you believe that your work is the subject of copyright or trademark infringement and appears on the Site, email admin@krasivawindows.com with "Copyright notice" in the subject and the following information:

We cannot and do not promise that the Site or the Services will be uninterrupted, secure, or error-free. We reserve the right to interrupt or suspend this Site or the Services, in whole or in part, with or without prior notice.

You are solely responsible for obtaining and maintaining all internet, computer hardware, and other equipment needed to access and use this Site, and for all charges related thereto. The internet is not a fully secure medium and any communication may be lost, intercepted, or altered.

We cannot and do not guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on this Site. We have the right, but not the obligation, to correct errors and to change or update this Site at any time without prior notice to you.

This Site may contain links to outside services and resources whose availability and content we do not control. The inclusion of these links does not imply that we monitor or endorse those sites. We assume no responsibility or liability for the actions, products, and content of any third-party website. Any concerns regarding such services should be directed to the applicable service or resource.

We make no warranty, express or implied, regarding the security of the Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you. We are not responsible for any losses resulting from the loss or theft of your device or of information transmitted from or stored on it.

Due to technical issues with the internet and internet software, transmission problems could produce inaccurate or incomplete copies of information contained on this Site, and computer viruses or other destructive programs may be inadvertently downloaded. We recommend that you install appropriate anti-virus or other protective software.

THIS SITE, THE SERVICES AND THE EXTERIOR REMODELERS OF AMERICA MATERIALS ARE PROVIDED "AS IS," "WHERE IS," AND "WITH ALL FAULTS," WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WE DO NOT WARRANT THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT.

Some jurisdictions do not allow the disclaimer of certain warranties, so this section will apply to you to the extent permitted by applicable law.

YOU AGREE THAT NONE OF THE PROTECTED PARTIES (AS DEFINED BELOW) SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING CLAIMS BASED UPON NEGLIGENCE) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.

IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PROTECTED PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $100.00 (USD).

Nothing in these Terms limits liability that cannot be limited under applicable law. Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages; in such jurisdictions, our liability is limited to the greatest extent permitted by law.

You will defend, indemnify, and hold Exterior Remodelers of America, each third-party service provider, their respective affiliates, subsidiaries, and parent companies, and their respective officers, directors, employees, agents, information providers, and partners (collectively, the "Protected Parties") harmless from and against any actual or threatened suit, action, proceeding, claim, damage, payment, deficiency, fine, judgment, settlement, liability, loss, cost, or expense (including reasonable attorneys' fees) arising from or related to (a) your conduct with respect to the Services, or (b) your violation or alleged violation of these Terms.

We may, from time to time, but are in no way obligated to, permit you to access and use this Site in accordance with these Terms. You acknowledge that access may not be available from time to time and may be amended, suspended, or terminated in whole or in part at any time and without notice, and that we shall not be responsible to you in any way should you be unable to access this Site.

Upon termination of these Terms of Use, you shall immediately cease all use of this Site and the Services. The sections addressing Dispute Resolution, Security, Disclaimers, Limitation of Liability, Indemnification, and Term and Termination survive any termination or expiry of these Terms.

You are responsible for reviewing these Terms regularly. We reserve the right, at any time, without notice to you and in our sole discretion, to modify or discontinue the Services or these Terms. Continued use of the Services following such modifications constitutes your acceptance of them.

Entire Agreement. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements with respect to such subject matter, except for any signed service agreement, work order, or proposal, which controls as to the services described in it.

Headings. The section headings used in these Terms shall not be given any legal import.

Assignment. These Terms are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign our rights and duties under these Terms at any time without notice to you.

Waiver. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

If you need to contact us regarding this Site or these Terms of Use, you can reach us at admin@krasivawindows.com, by phone at (602) 678-3737, or by mail at 2432 W. Peoria Ave., Ste. 1186, Phoenix, AZ 85029.