Terms and Conditions

Last Updated: March 17, 2025

THE FOLLOWING WEBSITE TERMS AND CONDITIONS (“TERMS”) AND OUR PRIVACY POLICY GOVERN YOUR USE OF THIS WEBSITE AND ALL OTHER WEBSITES, INCLUDING ANY WIDGETS, TOOLS, FEATURES, CONTENT, SERVICES, AND OPTIONS THAT WE MAY OFFER ON ANY PLATFORM AND IN ANY FORMAT (COLLECTIVELY, THE “WEBSITE”), OWNED BY QUACK QUACK PROFESSIONAL SERVICES INC. D/B/A WINDOW QUOTES COMPARE (THE “COMPANY,” “WE,” “US,” OR “OUR”). 

THESE TERMS ARE A LEGALLY BINDING CONTRACT WITH US. PLEASE READ THESE TERMS CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU AGREE THAT BY CLICKING LINKS, SUBMITTING INFORMATION THROUGH, ACCESSING, OR OTHERWISE USING THE WEBSITE, YOU HAVE READ AND ACCEPTED THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT SUBMIT INFORMATION VIA FORMS ON, ACCESS, OR OTHERWISE USE THE WEBSITE. 

IMPORTANT: YOUR USE OF THIS SITE IS SUBJECT TO A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH IN THE SECTION OF THIS AGREEMENT TITLED “Dispute Resolution by Binding Arbitration and Class Action Waiver,” WHICH REQUIRES YOU TO ARBITRATE DISPUTES WITH US ON AN INDIVIDUAL BASIS, UNLESS YOU OPT OUT.

ACCESS TO THE WEBSITE

By using the Website, you represent to us that (1) you are at least the legal age of majority; (2) you are authorized to enter into these Terms; (3) you will not use the Website for any purpose or in any manner that violates any law or regulation or that infringes the rights of us or any third party; (4) any information or data provided to us by you will not violate any law or regulation or infringe the rights of us or any third party; (5) all information that you provide to us in connection with the Website (e.g., name, e-mail address, or other information) is true and accurate; and (6) you are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.

We may limit your ability to visit, view, comment, or undertake any activity via the Website at our discretion. Periodically, the Website may become unavailable due to required maintenance or other reasons. We assume no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, theft, destruction, or unauthorized access to, or alteration of, any content or data that you submit on, to, or through the Website. 

INTELLECTUAL PROPERTY

The Website contain proprietary and copyrighted content and material owned by us and/or our business partners. All content included in or made available through the Website, and the functionality of the Website, including the text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features, and the like, and the trade secrets, trademarks, trade names, service marks, and copyrights contained therein (collectively, the ”Content”), are owned by us, our content suppliers, or our partners and are proprietary and protected by U.S. and other applicable intellectual property law. All use of such Content accessible on our Website is restricted and must comply with these Terms. No express or implied rights are conferred on you to use such Content. The compilation of all Content through the Website is our exclusive intellectual property and protected by U.S. and other applicable copyright laws. Except as explicitly permitted by these Terms or the functionality of the Website, the Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works, or otherwise exploited for any other purposes whatsoever without our prior written consent. We may change any Content of the Website without notice.

We grant you a limited license to access and make personal, non-commercial use of the Website and all Content thereon, subject to these Terms. This limited license gives you the right to view all Content and download or print a single copy of the Content for your personal, non-commercial use. You agree to retain all copyright and other proprietary notices contained in the original Content on any copy of such material. The Website and Content may not be used, reproduced, duplicated, copied, downloaded, scraped, sold, resold, visited, reverse engineered, decompiled, merged, disassembled, distributed, transformed, or otherwise exploited, in whole or in part (including via hyperlink), for any commercial purpose, including to create derivative works, without express written consent from us. You may not use any robots, spiders, crawlers, or other automated downloading programs, algorithms, or devices, or any similar or equivalent manual process with our Content, for any purpose, including to continuously and automatically search, scrape, extract, deep link, or index any Content, use Content to train an algorithm or model, or cause disruption to the working of the Website or any other person’s use of the Website. Any legal rights that cannot be limited by agreement are excluded from this provision.

SUBMISSIONS BY USERS

If you submit comments on the Website, you acknowledge that if you send us creative suggestions, ideas, recipes, notes, drawings, concepts, inventions, or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, our property. By submission of any Information to us, you assign to us, and we shall own exclusively, all rights to such Information of every kind and nature throughout the universe now known or hereafter existing. We shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you or the provider of the information. You agree to only submit content that does not violate the law or anyone else’s rights. You agree that your account registration information and any data you submit via the Website is truthful and accurate.

THIRD-PARTY CONTENT

The Website may contain content, products, offerings, resources, and services made available by third parties. External links to other internet sites or resources may be provided by us or third parties. These links are provided only as a convenience to you and are not an endorsement of the contents on those other sites. We have no control over such sites, resources, or entities, and you acknowledge and agree that we are not responsible or liable for the accuracy, quality, and/or availability or content, advertising, products, or any other material found on such external sites or resources. We do not endorse and are not responsible or liable for any content found on these websites. You further acknowledge and agree that we shall not be 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, goods, or services available on or through any third parties. Consult the web URL address identified in your browser to determine whether you have linked to a third-party website. If you decide to visit any third-party sites using links from this Website, you do so at your own risk.

ACCOUNT REGISTRATION

In general, you may access the Website without needing to register and for no cost in keeping with these Terms. However, to access and use certain features of the Website, such as signing up to receive notifications, you may have to authenticate and log in using a third-party platform, such as Google, Facebook. You are responsible for maintaining security and control over your third-party accounts that allow you to access these features of the Website. We are not responsible for any losses arising out of the unauthorized use of your third-party accounts or their use to access our services. If you believe that the security of your authentication account has been compromised, you agree to immediately change your password used to access the third-party account to eliminate this security risk and to notify us of any known or suspected unauthorized use of, or disclosure related to, your account with us. You may contact us at [email protected].

PROHIBITED ACTIVITY

You shall not engage in any of the following activities: 

• You will not manipulate the Website by any means, including, but not limited to, the use of bots, botnets, automated scripts, or other automated or electronic means. You will not plant viruses or disturb our system through any Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which might overburden, impair, or disrupt the Website or any user’s use, access, or experience.
• You will not interfere with, tamper with, or damage the Website in any way whatsoever, including, but not limited to, by trespass, burdening network capacity, or otherwise disseminating viruses, worms, spyware, adware, or other harmful code.
• You will not circumvent, disable, or otherwise interfere with access controls or security-related features of the Website or any features that prevent or restrict access, use, or copying of any content or enforce limitations on access to or use of the Website.
• You will not use the Website for any purpose other than your private, individual use.
• Where account or other personalized setup is permitted, you will not use another user’s account or otherwise impersonate any person or entity.
• You will not post or transmit any advertisement, promotion, or solicitation of goods or services for commercial purposes on the Website without our prior written approval (including, without limitation, the solicitation of users of the Website to become users of other online services competitive with us).
• You will not reverse engineer, reverse assemble, or reverse compile the Website.
• You will not use the Website in any way that is inconsistent with these Terms and applicable law and regulations. 

DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER. 

ARBITRATION

These Terms contain an “Arbitration Agreement” where you waive your right to a jury trial and to bring a class action.

What is arbitration?

Legal disputes are usually resolved in a court of law in front of a judge and, sometimes, a jury. Court cases are a matter of public record. Arbitration is a less formal and more private way of resolving disputes. Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who “wins” the case by applying the law in the same way that a judge would. In fact, many arbitrators are retired judges or lawyers. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or by videoconference.

What is our Arbitration Agreement?

Under this Agreement, ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE, THESE TERMS, THE PRIVACY POLICY, OR ANY OF THE OTHER TERMS AND POLICIES LISTED IN THESE TERMS MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that we all agree that we will only resolve our legal disputes through arbitration and not in a court of law. Without this Arbitration Agreement, you would have the right to sue in court with a jury trial.

How will the arbitration work?

The arbitration must be filed and conducted through JAMS (www.jamsadr.org), which is a provider of arbitration services in the United States and internationally. JAMS’ Streamlined Rules will apply to the arbitration. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available to us in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

What law will the arbitrator follow?

The laws of California govern this Agreement. The arbitrator will apply California law to the claims in the arbitration.

Who pays for the arbitration?

In most cases, the only fee you will have to pay to JAMS is $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more (or even all) of the JAMS fees for the arbitration.

The JAMS fees do not include attorneys’ fees. Regardless of who wins the claim, you will be responsible for paying your attorneys’ fees and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorneys’ fees. If this applies, the arbitrator may award attorneys’ fees as they see fit under such law.

Are there any instances where a court will get involved?

Yes. There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief.” Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the arbitration agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts in California. This exception for equitable relief does not waive our Arbitration Agreement.

Can I file a class action?

No. You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE AND CONTENT, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED TO YOU “AS AVAILABLE,” “AS IS,” AND “AT YOUR OWN RISK” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND OUR AFFILIATED ENTITIES DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, AND TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL GOODS, SERVICES, CONTENT, INFORMATION, AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THIRD-PARTY GOODS, SERVICES, CONTENT, INFORMATION, AND MATERIALS) MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY REPRESENTATIONS OR WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. 

ALTHOUGH WE STRIVE TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON THE WEBSITE, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE (OR ANY PART THEREOF) IS OR WILL BE ACCURATE, TIMELY, CURRENT, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE AND MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, CURRENTNESS, VALIDITY, OR AUTHENTICITY OF ANY RATES OR TERMS POSTED BY SERVICE PROVIDERS. ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

IN NO EVENT SHALL THE WEBSITE, THE OWNER OR OPERATOR OF THIS WEBSITE, OUR RESPECTIVE AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. 

IN PARTICULAR, AND WITHOUT LIMITATION, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT POSTED ON THE WEBSITE BY US OR BY ANY THIRD PARTY. FURTHER, THE WEBSITE SHALL HAVE NO LIABILITY FOR ANY SCHEDULED OR UNSCHEDULED SYSTEM OUTAGES, INCLUDING OUTAGES CAUSED BY THIRD PARTIES OR ISSUES WITH WEB HOST PROVIDERS OR INTERNET INFRASTRUCTURE EXTERNAL TO THE SITE. THIS INCLUDES ANY RESULTING UNAVAILABILITY OF THE SITE LOSS OF DATA OR DELAYS/NON-DELIVERY OF INFORMATION. OUR MAXIMUM LIABILITY OF FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.  

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY’S ACTS OR OMISSIONS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY QUOTES OR SERVICES THAT ANY SUCH SERVICE PROVIDER MAY PROVIDE) FOR SUCH SERVICE PROVIDER’S CONTACTING OR FAILURE TO CONTACT YOU, FOR SUCH SERVICE PROVIDER’S PERFORMANCE OR FAILURE TO PERFORM ANY SERVICES, OR FOR ANY AGREEMENT OR TRANSACTION BETWEEN YOU AND ANY SERVICE PROVIDER.

INDEMNIFICATION. 

You agree to indemnify, defend, and hold harmless us and our directors, officers, members, shareholders, employees, representatives, affiliates, successors, agents, partners, clients, service providers, and contractors from and against any loss, liability, claim, demand, damage, cost, and expense (including reasonable legal an accounting fees) asserted by any third party due to or arising from or in connection with your violation of these Terms or your violation of any law, regulation, the rights of third parties, or your failure to provide accurate and updated information to us through the Website. We reserve the right to participate in or assume (including assumption of exclusive defense), at your expense, in the investigation, settlement, and defense of any such action or claim, which shall not excuse your indemnity obligations.

GENERAL

• No Waiver. Failure by us to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Website, these Terms and Conditions constitute our entire agreement with respect to your use of this Site.
• No Third-Party Rights. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. 
• No Transfer or Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction. 
• Severability. If any provision of these Terms and Conditions, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms nevertheless remains in full force and effect.  
• Changes to the Terms. We have the right, at our sole discretion, to enhance, change, or discontinue all or part of the Website at any time. We may update or change these Terms from time to time. When we make a change to the Terms, we will publish the revised Terms on this webpage or as otherwise required by law. The date at the top of these Terms reflects the date of the most recent update. Your continued use of the Website after we make changes is deemed, to the extent allowed by law, to be acceptance of those changes, so please check these Terms periodically for updates.
• Termination. If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, we may, in our sole discretion, without notice to you, terminate, suspend, disable, or prohibit your access to the Website or any capability we provide through the Website. If your access has been terminated, we may, but we are not obligated to, irretrievably delete any and all content we have stored pertaining to activity from your account.  

CONTACT US

Questions regarding these Terms should be directed to us at [email protected].  You may also write to us at:

Window Quotes Compare

c/o Quack Quack Professional Services Inc.

4500, 855 2^nd Street SW

Calgary, AB Canada T2P 4J9

[email protected]