Disclaimer and Terms of Use of the Site

Glass.com® Disclaimer and Terms of Use of the Site

Glass.com® and its services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this Disclaimer and Terms of Use of the Site (the "Terms of Use"). Your use of Glass.com or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms of Use apply to any and all Glass.com services and properties such as websites, social media sites or apps owned and operated by Glass.com on which a link to these Terms of Use appears. If you have any questions regarding these Terms of Use, you may contact us at help@glass.com with the e-mail subject line “Questions about the Terms of Use”. We may amend these Terms of Use at any time by posting a revised version of these Terms of Use. These Terms of Use were last updated on January 31, 2020.

Introduction

By using the Glass.com site or apps, you agree to these Terms of Use (Terms) and that you are at least 18 years of age or older. These Terms apply to all parties using the site, whether registered or not. Upon registration, you may be asked to choose your own password or Glass.com may assign you a password to access Glass.com services through the Glass.com website.
Services

There are several ways you can find glass products and glass service professionals on Glass.com.
1. Upon entering your information and the request for which you would like a service professional, we will attempt to match you with service professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that are either capable or willing to complete your service needs.
2. If you request that Glass.com connect you with a provider providing your information, Glass.com will search for a service professional member and attempt to connect you with them via email or phone. We cannot guarantee that this attempt will be successful.
3. Glass.com may use third-party partners to fulfill your requests. Your information may be shared with these partners for the purpose of fulfilling your request. Glass.com cannot be held liable, financially or otherwise, for the actions or inaction of these third parties and any damages resulting thereof.
4. You can choose the best time to schedule appointments with certain Affiliates by mentioning them on the Glass.com website or Apps. Although Affiliates will do their best to accommodate these requests, they are not bound by these times and may choose to adjust them. Please be aware that we cannot guarantee that the service professionals will be on time for, or show up for, any such booked appointments, as the service professionals are not the employees, contractors or agents of Glass.com. Glass.com is solely providing the platform to facilitate scheduling of appointments between you and our Affiliates.
5. Although we take certain steps to examine the credentials of our listed service professionals, we make no guarantees or representations regarding the skills or representations of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. Glass.com makes no representations or warranties or guarantees about the quality of the services of the professionals that it in good faith recommends to you. It is entirely up to you to evaluate a service professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a service professional. We do not guarantee or warrant any service professional's performance on the job or the outcome or quality of the services performed. The service professionals are not employees, contractors or agents of Glass.com, nor is Glass.com an agent of the service professionals.
6. Glass.com does not handle or process payments for glass replacement services or other consumer services. All payment disputes and requests for invoices or receipts must be taken up directly with the company that provided the service.
7. Glass.com may inform you of certain offers or discounts provided by a service professional. Such offers or discounts are made solely by the service professional, and Glass.com does not guarantee or warrant the pricing or discounts that may be offered to you. Any quotes provided by glass and glazing professionals via the Glass.com website or its apps are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Glass.com.
8. No contractual agreement is created based upon the quotes provided to you (or your scheduling of an appointment with a Glass.com affiliate) via Glass.com. To contract with a glazing professional, you must work directly with them. Glass.com does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Glass.com is a marketing optimization company, not an installation company.
9. Price quotes displayed on Glass.com are established by Glass.com’s Affiliates. Glass.com is in no way responsible for determining pricing. These quotes are for estimate purposes only and subject to change. They do not necessarily reflect the final price that you will pay for completed work. Auto glass quotes in particular may increase depending on any non-standard options that your vehicle is equipped with such as rain sensing wipers, a heated wiper park, and Advanced Driver Assistance Systems (ADAS).
10. j. Vehicles equipped with ADAS may require re-calibration which may incur additional costs and may or may not be handled by the Glass.com Affiliate that you contract with for glass replacement services. It is the vehicle owner’s sole responsibility to alert Glass.com’s Affiliate with which they have contracted that their vehicle features ADAS prior to work being performed, if applicable. Glass.com is in no way responsible for vehicles that are not re-calibrated or are re-calibrated improperly or otherwise.
11. Release from Damages or Claims. Should you have a dispute with any service professional, you must address such dispute with the service professional directly. You hereby agree to release Glass.com (and its officers, directors, agents, employees, and partners) from any damages or claims (including consequential and incidental damages) or ever kind or nature, suspected and unsuspected, known and unknown arising out of or in any way connected with such disputes and your dealings with service professionals.
Your Use of Glass.com Services and Prohibited Uses

You acknowledge and agree that your use of Glass.com is for your personal use and not for advertising purposes. You may not use Glass.com to re-create or compete with Glass.com, to solicit or harass Glass.com service professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Glass.com for any such damages, and will indemnify Glass.com in the event of any third party claims against it based on or arising from your violation of the foregoing.

We reserve the right to revoke your access to Glass.com or any of its services, its products or properties at any time for any reason. All information about service professionals is confidential and for your personal use only. If we determine or suspect, at our sole discretion, that you are misusing or attempting to misuse or circumvent the Glass.com services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Glass.com reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
Information You Provide to Us

Upon using Glass.com, you will be prompted to disclose certain information about yourself and your service requirements. Some of this information will be sent to service professionals who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, providing education and/or information about the products and/or services about which you have expressed interest or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with Glass.com and its affiliates and thus agree to be contacted by Glass.com and/or its affiliates. You promise that all information you provide (including but not limited to your contact information, and any ratings and reviews of service professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Glass.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Glass.com has the right to refuse any current or future use of the Glass.com services (or any portion thereof) by you. You are responsible for any use of the Glass.com services by persons to whom you intentionally or negligently allow access.

To knowingly input false information, including but not limited to name, phone number, address and/or e-mail address is a very serious and fraudulent matter that could result in significant costs and damages, including invasion of privacy rights, to Glass.com and its affiliates as well as the loss of time, effort and expense responding to and pursuing such false information and request and, further, could result in regulatory fines and penalties. Accordingly, if you knowingly input false information in a service request including, but not limited to, someone else’s name, e-mail, physical address or e-mail address or phone number or a random made up name, address, e-mail or phone number, you agree to fully indemnify and be liable to Glass.com and each Glass.com affiliate who accepts such service requests for the greater of (1), $20,000 USD to Glass.com and for each of the actual entities affected by any of the improper, incorrect or fraudulent information you enter (for example, the actual owner of the e-mail address or phone number etc.,) per improper submission, plus any attorney’s fees, costs and expense relating thereto. If applicable, or (2) the actual damages direct, punitive and consequential, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable fees, cost and expenses relating thereto, whichever is greater.
Dispute Resolution Assistance

While we cannot guarantee the work performed by a listed service professional, and while we have no obligation to you with regard to your relationship with a service professional, the Glass.com resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of your project with an Affiliate who you learned about through the Glass.com website or apps. We may, upon your request, provide limited assistance in resolving disputes between you and a service professional. You must participate and use good faith efforts to resolve problems through the Glass.com resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.
Call Recording

You acknowledge and agree that Glass.com may monitor and/or record any telephone calls between you and Glass.com.
User Generated Content

You agree that all of the content and information posted by you or your agents or designees on Glass.com, including but not limited to:
- Ratings and/or reviews,
- Photographs and/or images,
- Comments, questions and/or answers,
- Any other content
  (known collectively as "Content") is the sole and exclusive property of Glass.com, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
1. Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
2. Grant of License. You hereby grant Glass.com and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now known or hereafter created) on the Glass.com website in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
3. Representation of Ownership and Right to Use Content. By posting or providing any Content to Glass.com, you represent and warrant to Glass.com that you own or have all necessary rights to use the Content, and grant to Glass.com the rights granted below. The forgoing representation includes, but is not limited to, a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
4. Content Guidelines. Glass.com reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Glass.com owned or operated websites if Glass.com determines (in its sole discretion) that such content contains or features any of the following:
  1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
  2. References to illegal activity.
  3. Language that violates the standards of good taste or the standards of this Site.
  4. Statements that are or appear to be false.
  5. Comments that disparage Glass.com or that Glass.com does not want to publish.
  6. With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
    1. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
    2. Comments concerning a different Service Professional.
    3. Information not related to work requested in the service request.
    4. 4. If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that you will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
Notice Specific to Documents and Information Available on This Website

The information provided on Glass.com and its related websites and apps is copyrighted and may not be reproduced in any format or media without the expressed written consent of Glass.com prior to reproduction.
Affiliate Pre-Screening Procedures and Disclaimers

Unless otherwise noted Glass.com uses the following criteria as part of its registration enrollment process ("registration") for new affiliate companies, with the exception of certain Corporate Affiliates and AGSC registered member companies applying for Glass.com Affiliate company status.
1. Licensing. Glass.com relies on its Affiliate’s representations that it has the applicable and appropriate licensing and certifications necessary to conduct business in the locations in which it works. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may also be required by the county or local authority in which the work is being performed. Glass.com does not monitor nor check Affiliates on any level but the state, and recommends you confirm any licensing requirements have been met before proceeding with your project. Larger projects often require the use of glazing and other subcontractors for specific types of work. We recommend you verify that all the subcontractors doing work on your project carry the appropriate licensing. We always recommend that you ask the business to provide you with a copy of their license and that you check that licensing on the appropriate websites, if available.
2. State Business Filings For Affiliates that are corporations or limited liability companies, we may confirm that the Affiliate is in good standing in the state in which it is registered.
3. Memberships We verify membership status for Affiliates that represent they are members of the Auto Glass Safety Council and/or its National Windshield Repair Division through the member verification on those association websites. We perform the above screening based upon information provided to us by the Affiliate. Glass.com performs screening solely at the time the service professional applies for membership in the Glass.com Affiliate program and therefore, that Affiliate’s information may change or expire over time. Glass.com cannot and does not warrant or represent that profile and screening information is up-to-date. We recommend that before you work with an Affiliate you verify that the information presented in the Affiliate’s profile is still accurate, current and acceptable to you.
4. Corporate Accounts Some Affiliates are employees, franchisees, dealers, or independent contractors of larger national or corporate affiliates ("Corporate Affiliates"). In such event, you may be matched with the Corporate Affiliate or one of its locations. The above screening criteria is not applicable to Corporate Affiliates, and therefore, Glass.com does not screen the Corporate Affiliates or their locations.
5. Affiliate Profiles Glass.com allows Affiliates to post profiles about themselves and their business on the Glass.com or its apps. Glass.com does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Affiliate. Glass.com therefore makes no representations or warranties regarding any information posted by the Affiliate, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of Glass.com. Glass.com makes no representations or warranties that members continue to meet the above screening criteria after the date of their enrollment as Glass.com Affiliate. Glass.com does not represent or warrant that the information received from state, provincial or other government agencies, or from third party sources is accurate, error free, or that it is up to date or updated at the time that Glass.com checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.

Disclaimer: Glass.com expressly disclaims any and all warranties, express or implied relating to the screening process, criteria, procedures or information obtained or presented in the screening process or disclosures including but not limited to any warranties or merchantability, fitness for a particular use, or that the screening or verification procedures or standards are sufficient or that the information received in these screening or verification procedures in accurate, timely or error-free.
Ratings & Reviews are Not Endorsed by Glass.com

All Ratings and Reviews of Glass.com Affiliates displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Glass.com. Glass.com disclaims any and all representations or warranties with regard to the Ratings and Reviews. Glass.com does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
Articles and Other Content

Glass.com provides certain content on the Glass.com or apps, and via mobile applications owned and operated by Glass.com. Such Content is provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Content You understand and agree that the Content does not provide advice, and that such Content is no substitute for the advice of a professional.
Links to Third Party Sites

The links in the Glass.com or apps will let you leave the Glass.com website or apps. The linked sites are not under the control of Glass.com and Glass.com is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Glass.com is not responsible for webcasting or any other form of transmission received from any linked site. Glass.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by Glass.com.
Third Party Copyrights and Other Rights

Glass.com respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice to media@glass.com with the e-mail subject line “Copyright Issue.” For other intellectual property claims, please send us a notice at media@glass.com.
Indemnification

You agree to indemnify Glass.com and its subsidiaries, officers, agents, employees, co-branders and other partners and to hold them harmless for any and all claims or demands, including attorney’s fees, made by any third party due to or arising from your use of the Glass.com service, in connection with the Glass.com website or apps, with regards to any disputes between you and an Affiliate or your violation of these Terms of Use, or arising from your violation of any rights of a third part.
Arbitration and Governing Law
1. If you believe you have a valid cause of action against Glass.com, rather than the Affiliate service provider, you may contact us for a list of acceptable Virginia arbitrators who can determine the outcome of your alleged claim. 
2. The exclusive means of resolving any dispute between you and Glass.com or any claim made by you or Glass.com arising out of or relating to your use of this Website and/or related apps and/or Glass.com's services (including any alleged breach of these Terms of Use) shall be Binding Arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Glass.com in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Glass.com any class action, class arbitration, or other representative action or proceeding.
3. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
4. Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against Glass.com (including small-claims court actions) may be commenced only in the state courts located in Stafford County, Virginia. You hereby irrevocably consent to the jurisdiction of and adjudication in those courts for such purposes.
5. These Terms of Use, and any dispute between you and Glass.com, shall be governed by the laws of the Commonwealth of Virginia, County of Stafford without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
General Provisions

You acknowledge and agree that the Glass.com services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and the sole obligation of Glass.com to you or any third party for any claim arising out of your use of the Glass.com services or the Glass.com or apps, is that you are free to discontinue your use of the Glass.com services or the Glass.com or apps at any time. Except as expressly set forth herein, Glass.com expressly disclaims any implied warranties of any kind including, but not limited to, warranties of merchantability or fitness for a particular purpose, and you agree that Glass.com shall have no liability for direct, indirect, special, incidental, consequential (including lost profit), exemplary or punitive damages (even if Glass.com has been advised of the possibility of such damages) arising out of this agreement or any consequences which flow from it. Some states and provinces do not allow limitations on or exclusions of incidental or consequential damages. In such states, the above exclusion may not apply to you.

The Terms of Use will inure to the benefit of Glass.com's successors, assigns and licensees. If any provision of these Terms of Use shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Glass.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Glass.com services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use are governed by the laws of the Commonwealth of Virginia, County of Stafford as such laws are applied to agreements entered into and to be performed entirely in the Commonwealth of Virginia and between Virginia residents. You agree to submit to jurisdiction in Stafford County, Virginia and that any claim arising out of or related to these Terms of Use will be brought solely in a court in Stafford County, Virginia. These Terms of Use constitute the entire agreement between you and Glass.com and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof.