(Last Updated: June 9, 2020)
Energy One Windows ("we" or "us" or "our") is the owner and operator of the DIY Estimate mobile application ("website / app"). The website / app consists of a web application, email features, video, website links, and other features and content. The website / app is used primarily by estimators on our behalf. The purpose of the website / app is to provide estimates for the sale of home replacement window and door projects to homeowners. In addition to providing estimates, the website / app also informs the homeowner about us as a company, replacement windows and doors, and pricing, including relevant competitor pricing. We allow homeowners and the homeowner’s representatives ("you" or "your") to access and use portions of the website / app pursuant to this DIY Estimate website / app Homeowner Terms & Conditions and Privacy Policy ("Agreement").
The website / app contains material that is derived in whole or in part from us and other sources and is protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the website / app, including, but not limited to, software code and depicted content, except as permitted by this Agreement or otherwise consented to by us in writing. You may download material from the website / app for your personal, non-commercial use, provided you keep intact all copyright, trademark, and other proprietary notices. No other right or license is granted to any materials on this site.
Your access and use of the website / app constitutes your acceptance of this Agreement. In addition, by accessing or using the website / app, you consent to the collection and use of your personal information in the manner described in this Agreement and agree to abide by your obligations set forth in this Agreement. You also consent to receive electronic communications from us and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and through the website / app satisfy any legal requirement that such communications be in writing. We may change this Agreement from time to time without notice to you.
You agree to allow us to solicit you through the website / app and other various media, including, but not limited to, face-to-face interactions, phone calls, emails, and text messages.
Comparisons are solely based on NFRC (National Fenestration Rating Council) comparisons. “DIY Estimated Retail Price” is based on actual quotes obtained in multiple markets between the years 2000 and 2018. Prices may vary. Comparisons based on CPD numbers on NFRC website (www.nfrc.org) that generally match item descriptions. CPD numbers specify energy performance ratings are based on, but not limited to U-factor, Solar Heat Gain Coefficient, Visual Light Transmittance, Condensation Resistance, Water, and Air Infiltration. Comparisons are not based on product type (for example, wood vs vinyl, wood vs wood). Our price includes applicable customer referral discounts. All comparisons are examples only. Product type, quality, styles, options, pricing, and availability may affect pricing and may vary by year and region. Some restrictions may apply.
We may provide links to third-party websites or resources. Because we have no control over such sites and resources, you agree that we are not responsible for the availability of such sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or products or services available on or through any such sites or resources.
You acknowledge and agree that the website / app contains proprietary and confidential information that is protected by applicable intellectual property laws and other laws. Except as authorized in this Agreement or otherwise expressly authorized in writing by us, you agree not to distribute or otherwise transfer, modify, or create derivative works based on the website / app, in whole or in part. We grant you a personal, non-transferable, and non-exclusive license to use the website / app as limited by this Agreement; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or distribute, grant a security interest in, or otherwise transfer any right in the website / app. You agree not to modify the website / app in any manner or form. You agree not to access or use the website / app by any means other than through the interface that is provided by us for accessing and using the website / app. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any access to or use of the website / app, without our express written consent.
You agree to indemnify and hold us, and our subsidiaries, affiliates, owners, directors, officers, managers, agents, and employees, harmless from all damages and expenses, including court costs and reasonable attorney fees, arising out of any claim based on your use of the website / app, your violation of this Agreement, and your violation of any rights of another or of any law, rule, or regulation.
We respect the privacy of your personally-identifying information. We provide this explanation about our information practices as a show of our commitment to protect your privacy.
We do not sell or rent personally-identifying information collected during your use of the website / app without your permission. In accordance with this Agreement or otherwise upon notification to you at the time of data collection or transfer, we may share your personally-identifying information with a third party, but only in connection with our rights under this Agreement. If you do not want your information shared in accordance with this Agreement, do not access or use the website / app.
At the time of your access to or use of the website / app or when you otherwise provide information to us through the website / app or through your communications with us, we may collect and store personally-identifying information. The information we collect is categorized as follows:
We need this information to provide services and products that you request via the website / app or otherwise and to let you know of additional services and products about which you might be interested. We also use this information to customize your experience using the website / app.
We may also share the information we collect about you with third parties, but only to the extent authorized by you, necessary to provide the services or products you request, or as required by law.
We may ask you for personally-identifying information at other times, such as if you enter into a promotion, post information, register for a forum, complete a survey, or otherwise communicate with us. If you opt-in to receive information regarding a promotion or other service offered by a third party, you give us your permission to share your name, email address, and other information with the third party offering the promotion or other service.
In addition, we automatically gather general statistical information about the website / app and users, such as IP addresses, browsers, pages viewed, number of visitors, services obtained, etc., but in doing so we do not reference you by individual name, email address, home address, or telephone number. We use this data in the aggregate to determine how much our users use parts of the website / app so we can improve the website / app. We may provide this statistical information to third parties, but when we do so we do not provide personally-identifying information without your permission.
In connection with the website / app, we use cookies and beacons to store and sometimes track information about you. Some features of the website / app may be available only through the use of a cookie. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your device’s memory. A beacon is a transparent graphic image placed on the website / app to monitor the behavior of a visitor to the website / app. Generally, we use cookies to remind us who you are and enable us to access your account information so you do not have to re-enter it. We use cookies and beacons to gather statistical information about usage by registered or unregistered users to research visiting patterns and track progress and participation in promotions and other services. Preference and options configurations in your browser determine if and how a cookie or beacon will be accepted. You can change those configurations on your device if you desire. By changing your preferences, you can accept all cookies, you can be notified when a cookie is sent, or you can reject all cookies. If you do so and cookies are disabled, you may be required to re-enter your information more often and certain features of the website / app may be unavailable. Disabling cookies will also prevent beacons from tracking your unique information when using the website / app.
In addition, third parties linked to the website / app may use their own cookies and beacons and may collect personally-identifying information, including credit card information, in connection with your use of their websites. The privacy policy of such third parties may differ from ours. We encourage you to read the third party’s privacy policy before responding to the offer to determine how the personally-identifying information is used by that third party.
If your browser or similar mechanism gives the website / app a “do not track” signal, the website / app will make commercially reasonable attempts to honor your settings (although we still may deliver and use cookies and other tracking technologies for non-marketing purposes). However, we do not make any promises or guarantees about the effects of any “do not track” choice that you may make because: (a) such nuanced treatment is not necessarily available or effective for all browsers, mechanisms, or tracking technologies, and our commercially reasonable attempts to honor your settings or might not be effective to preclude tracking or behavioral advertising at all or over any particular period of time; (b) third parties may not honor your settings or our policies and may use cookies or other tracking technologies for behavioral advertising despite our commercially reasonable attempts to prevent them from doing so; and (c) tracking technologies, browsers, and access devices may change from time to time and our commercially reasonable attempts might not be effective for each technology or across all platforms.
We use your personally-identifying information to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and services and product offerings, and to customize the website / app's content, layout, and services.
We may use your information to provide information to you regarding our services and products and to solicit your business for such services and products. We may use your information to deliver information to you that, in some cases, is targeted to your interests, such as articles, targeted banners, new services and products, advertisements, and promotions. You may opt out of receiving this information by so indicating in your preferences file or otherwise notifying us in writing. We may ask you to provide us voluntarily with additional information regarding your personal or interests, experience, or requests, which we may use to customize our services for you.
We may use your email address, your mailing address, and phone number to contact you regarding solicitations, administrative notices, and communications relevant to your use of the website / app.
We may also use or disclose information to: (a) resolve disputes; (b), investigate problems; (c) enforce this Agreement; (d) protect our operations or those of any of our affiliates; (e) protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (f) allow us to pursue available remedies or limit the damages that we may sustain. At times, we may review the status or activity of multiple users to do so. We may disclose or access information whenever we believe in good faith that the law so requires or if we otherwise consider it necessary to do so to maintain service and improve our goods and services. In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of assets owned or controlled by us or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about you may be among the transferred assets.
We use your IP address to help diagnose problems with our server, to manage the website / app, and to enhance the website / app based on the usage pattern data we receive.
We employ reasonable and current security methods designed to prevent unauthorized access, maintain data accuracy, and ensure correct use of information.
To use some of our services, you may be required to set up a password-protected account or profile on the website / app. If so, we recommend that you do not divulge your password to anyone. It is your responsibility to keep your password protected. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited email. Remember to sign out of your account when you have finished your session. This helps ensure that others cannot access your personal information and correspondence if you share a device with someone else or are using a device in a public place where others may have access to it.
Whenever you voluntarily disclose personal information online -- for example, on message boards or blogs, through email, or in chat areas -- that information can be collected and used by others.
No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.
Our target geographic market is the United States of America. IF YOU RESIDE OUTSIDE OF THAT COUNTRY, DO NOT PROVIDE US WITH YOUR PERSONAL INFORMATION. We maintain information in the United States of America and in accordance with the laws of the United States, which may not provide the same level of protection as the laws in your jurisdiction. By using our website and providing us with information, you understand and agree that your information may be transferred to and stored on servers located outside your resident jurisdiction and, to the extent you are a resident of a country other than the United States, that you consent to the transfer of such data to the United States for processing by us in accordance with this Agreement.
California Civil Code Section 1798.83 permits California residents to request from us certain information regarding the disclosure of certain categories of personal information to third parties for their direct marketing purposes within the immediately preceding calendar year. A company may also comply with the law by disclosing in its privacy notice that it provides consumers choice (opt-out or opt-in) regarding sharing personal information with third parties for those third parties’ direct marketing purposes (as we do), and information on how to exercise that choice.
If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to us via the email address or the mailing address set forth in Section 14. You must put the statement “Your California Privacy Rights” in the subject field of your email or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and zip code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
If you are a California resident under the age of 18, and a registered user of the website / app, California Business and Professions Code Section 22581 permits you to request and obtain removal of content that you have publicly posted. To make such a request, please send an email with a detailed description of the specific content to us via the email address set forth in Section 14. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information that you have posted and there may be circumstances in which the law does not require or allow removal even if requested.
To the extent the California Consumer Privacy Act of 2018 is applicable to our collection of information that identifies or relates to you or your household, you may have a number of important rights free of charge. In summary, those rights include: (i) the right to know the categories of personal information to be collected and the purposes for which the information will be used (see Sections 9 and 10 above); (ii) the right to know the categories of personal information that were actually collected in the preceding 12 months and sold or disclosed for business purposes in the preceding 12 months (see Sections 9 and 10 above); (iii) the right to require us to respond to verifiable requests with disclosures about our collection, sale, or disclosure of your personal information (such requests may be made by contacting us as described in Section 14 below); (iv) the right to access a copy of the specific pieces of personal information that we have collected about you (see Section 14 below); (v) the right to request that we delete, and request any third-party service providers to delete, any personal information collected about you (see Section 14 below); and (vi) the right to opt out of the sale of your personal information to third parties (note, we do not sell or rent personally-identifying information collected during your use of the website / app to third parties without your permission).
You may access the information that we collect online and maintain through normal updating methods. To update, correct, or delete this information, you may contact us by email at [email protected], by phone at (512) 342-8700, or by mail at 8627 North MO-PAC Expressway, Suite 215, Austin, TX 78759. Your account can be deleted or deactivated, but doing so will result in your not being able to access or use the website / app and other services. During the normal course of doing business, we will continue to share your information among our business units, our affiliates, and unaffiliated third parties as necessary in order to service your accounts and fill any orders you place with us.
We do not intentionally collect information from individuals under the age of 13. The website / app is not directed to individuals under the age of 13 and we request that these individuals not provide personal information to us. If a minor child has provided us with personally-identifying information without parental or guardian consent, the parent or guardian should contact us to remove the information and opt out of promotional opportunities or other applicable services.
You acknowledge that we may establish general practices and limits concerning use of the website / app. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the website / app or otherwise. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website / app, in whole or in part, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the website / app or removal of any content.
You agree that we, in our sole discretion, may terminate your use of the website / app, in whole or in part, and remove and discard any content, for any reason without notice. Further, you agree that we are not liable to you or any third party for any termination of your access to or use of the website / app or discarding any content.
Although we reserve the right to change the terms of this Agreement at any time, information collected before changes are made will be secured according to the terms in effect when the information was provided, unless and until you accept the new terms by virtue of your access or use of the website / app after the effective date of the new terms.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR ACCESS AND USE OF THE website / app IS AT YOUR SOLE RISK. THE website / app IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY OF DATA, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR FROM USAGE OF TRADE; (b) WE MAKE NO WARRANTY (i) THAT USE OF THE website / app WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE website / app WILL BE ACCURATE OR RELIABLE, (iii) THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE website / app WILL MEET YOUR EXPECTATIONS, OR (iv) THAT ANY ERRORS IN THE website / app WILL BE CORRECTED; (c) ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE website / app IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA OR OTHER LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE website / app WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES) RESULTING FROM: (a) THE ACCESS OR USE OR THE INABILITY TO ACCESS OR USE THE website / app; (b) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR CONTENT USED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH OR FROM THE website / app OR OTHERWISE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; (e) ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE website / app, OR (f) ANY OTHER MATTER RELATING TO THE website / app, RELATED SERVICES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS SECTION MAY NOT APPLY TO YOU.
ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT THAT IS NOT RESOLVED BY YOU AND US DIRECTLY WILL BE SETTLED BY MEDIATION AND, IF MEDIATION IS UNSUCCESSFUL, BY BINDING ARBITRATION. THE MEDIATION AND ARBITRATION WILL TAKE PLACE IN THE AUSTIN, TEXAS METROPOLITAN AREA, AND WILL BE ADMINISTERED IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION COMMERCIAL ARBITRATION RULES, INCLUDING THE OPTIONAL RULES FOR EMERGENCY MEASURES OF PROTECTION, BY MEDIATOR(S) AND ARBITRATOR(S) MUTUALLY SELECTED BY YOU AND US IN ACCORDANCE WITH SUCH RULES.
You may not assign or otherwise transfer this Agreement or any rights or obligations under this Agreement to any third party without our prior written consent. The failure of either party to act upon any right, remedy, or breach of this Agreement will not constitute a waiver of that or any other right, remedy, or breach. No waiver will be effective unless made in writing and signed by the waiving party. Neither party will be liable for any delay in or failure of performance resulting from any cause or condition beyond the party’s reasonable control, whether foreseeable or not, including vandalism that disrupts or corrupts the website / app, any content, or any linked website. The provisions of this Agreement are severable. If any provision is held to be invalid, unenforceable, or void, the remaining provisions will not as a result be invalidated. This Agreement and any claim arising out of this Agreement will be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of laws principles. This Agreement constitutes the entire agreement and understanding between the parties relating to the object and scope of this Agreement. Any representation, statement, or warranty not expressly contained in this Agreement will not be enforceable by the parties. By agreeing to these terms, if your phone number is currently on do-not-call lists, either locally, by state, or nationally, you are giving consent for Energy One and its affiliates to contact you.