Terms and Conditions
The following terms and conditions apply to this website (the “Clean Window Club Website” or “Site”). Please read these terms and conditions carefully each time you access this site, as the terms may change from time to time.
1. Services Offered
The Clean Window Club, LLC ("The Clean Window Club”) provides professional window cleaning services to customers who enroll in a subscription plan (“Subscriber”) based on the Subscriber’s choice of recurring window cleanings being performed monthly, bimonthly, or quarterly (“Services”). While the Services will be performed monthly, bimonthly, or quarterly, the Subscriber will be billed each month, allowing Subscriber to disperse the payment monthly.
The Clean Window Club will coordinate with Subscriber a recurring schedule to perform Services. Subscriber will receive reminders before each visit. If The Clean Window Club is unable to access the property at the scheduled time, a $25 no-access fee may apply.
To ensure Service, please provide the following: a) unlocked access to necessary areas; b) clear pathways to windows; and c) secured pets and fragile items.
Cancellation and Rescheduling: Subscriber may cancel or reschedule Service with at least 24 hours’ notice. Same-day cancellations or missed appointments may result in a $25 cancellation fee. For termination of this Agreement, as opposed to a cancellation or rescheduling of a scheduled Service, please refer to Section 6.
Weather Policy: In the event of poor weather conditions (rain, snow, high-winds), Subscriber’s Service may be rescheduled. The Clean Window Club will notify Subscriber in advance and reschedule promptly.
2. Subscription and Monthly Billing
By subscribing, you (the “Subscriber”) agree to a monthly billing cycle. The Subscriber’s selected plan will automatically renew each month, and the subscription fee (“Fee”) will be charged to Subscriber’s provided payment method on the same date each month. The Subscriber may cancel or modify a subscription at any time by emailing contactus@thecleanwindowclub.com. Changes must be submitted at least 48 hours before Subscriber’s next billing date to avoid being charged the Fee for the upcoming month.
By subscribing, the Subscriber authorizes The Clean Window Club to charge your credit or debit card account the total amount that is indicated on the Site. This total amount includes the Fee amount that is indicated. The Subscriber agrees that the credit/debit account specified by you for this bill payment is an account that you own, and that you have sufficient funds in that account to make this payment. Your credit or debit transaction will be processed in real time and if your card company authorizes your payment, you will receive an email notification from us confirming your payment. In the event the Subscriber’s payment is not processed or authorized by the card company, the Subscriber’s payment liability shall remain outstanding and unpaid, and the Subscriber will be subject to all applicable penalties, late fees and interest charges assessed by the relevant entity thereon, all of which obligations remain the Subscriber’s sole responsibility.
Subscriber’s use of this Site and the Services provided shall constitute and indicate that a) Subscriber agrees to be bound by the terms and conditions of this Agreement; b) Subscriber accepts the Fees associated with payments made at this Site; c) Subscriber gives authorization to charge and agree to pay the total amount confirmed at checkout, subject to the terms of this Agreement. The Clean Window Club may modify this Agreement at any time. Subscriber's continued access or use of the Site after the modifications have become effective shall be deemed as your acceptance of the modified Agreement.
3. License
This Site is owned and operated by The Clean Window Club, and the information (and any intellectual property and other rights relating thereto) are and will remain the property of The Clean Window Club and its licensors and suppliers. The Clean Window Club hereby grants Subscriber the right to view and use this Site subject to the terms and conditions of this Agreement. Subscriber may download and/or print a copy of the information provided on this Site for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purposes is expressly prohibited, unless prior written consent is obtained from the respective copyright holder. Modification of the Site or information or use of the Site or information for any other purpose is a violation of The Clean Window Club’s copyright and other proprietary rights and is strictly prohibited. Subscriber acknowledges that it does not acquire any ownership rights by using the Site or the information. The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered Trademarks of The Clean Window Club, The Clean Window Club’s licensors and suppliers, and others.
4. Privacy
We take your personal privacy seriously. In addition to the publicly accessible pages on this Site, there are sections in this Site where you can request more information by contacting The Clean Window Club directly.
5. User Representation & Responsibilities; Minors and Child Online Privacy Protection Act
Subscriber represents and warrants that it is at least 18 years of age and that possesses the legal right and ability to enter into this Agreement and to use this Site in accordance with this Agreement. This Site does not direct content to Minors and does not intend to collect information from Minors and therefore is not subject to the Child Online Privacy Protection Act.
6. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by The Clean Window Club infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Clean Window Club to locate the material on the Site;
- the name, address, telephone number and email address (if available) of the complaining party;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed with Clean Window Club against you, the DMCA permits you to send Clean Window Club a counter-notice.
7. Termination of Service
This Agreement shall remain effective until terminated in accordance with its terms as outlined herein. Subscriber may terminate this Agreement, and terminate all Services with The Clean Window Club, at any time with written notice to contactus@thecleanwindowclub.com.
Notwithstanding termination by Subscriber, Subscriber will be billed and is responsible to pay the amount equal to the cost of the Service plan subscribed to by Subscriber.
In addition, The Clean Window Club reserves the right to immediately terminate this Agreement, and/or your access to and use of the Site, information, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and Subscriber shall destroy all Information and all copies thereof, whether made under the terms of this Agreement or otherwise.
8. Warranty & Disclaimers
THE CLEAN WINDOW CLUB IS COMMITTED TO THE SUBSCRIBER’S SATISFACTION. IF NOT HAPPY WITH THE SERVICES, SUBSCRIBER CAN CONTACT THE CLEAN WINDOW CLUB WITHIN 48 HOURS OF THE SERVICES AND CLEAN WINDOW CLUB WILL REMEDY THE SITUATION AT NO EXTRA COST.
THE CLEAN WINDOW CLUB IS NOT RESPONSIBLE FOR DAMAGE RESULTING FROM PRE-EXISTING WINDOW CONDITIONS SUCH AS CRACKED GLASS, FAULTY SEALS, OR DAMAGED FRAMES. PLEASE INFORM CLEAN WINDOW CLUB OF ANY KNOWN ISSUES PRIOR TO SERVICE.
THE SITE, INFORMATION, AND ANY PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CLEAN WINDOW CLUB AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
THE CLEAN WINDOW CLUB AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR INFORMATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR INFORMATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF CLEAN WINDOW CLUB OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE INFORMATION OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY INFORMATION IS ENTIRELY AT YOUR OWN RISK.
NEITHER THE CLEAN WINDOW CLUB NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE SERVICES, AND/OR INFORMATION, ANY LINKED SITE OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, INFORMATION, OR ANY LINKED SITE IS TO STOP USING THE SITE, INFORMATION, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO CLEAN WINDOW CLUB FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR INFORMATION, ANY LINKED SITE OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
9. Indemnification
Subscriber agrees to indemnify, defend and hold The Clean Window Club, its affiliates, licensors, suppliers, advertisers and sponsors, and the directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from a) Subscriber’s breach of this Agreement; and/or b) Subscriber’s activities in connection with the Site.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Utah.
11. Attorneys Fees
If any legal action is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs, and expenses, in addition to any other relief to which such party may be entitled.
12. Contacting Clean Window Club Regarding the Site
This Site is provided by Clean Window Club. Should you have any questions, comments or complaints regarding this Site, please contact us at:
The Clean Window Club
contactus@thecleanwindowclub.com