Home Services Privacy Policy

Last Updated: 21 September 2020

To see previous versions, see here.

Introduction +

Introduction

Thank you for visiting our sites: Windowrefurb.com, Bestwindowdeals.com, Leafprotect.com or HomeGeniePro.com ("Website(s)", "We", "Us", or "Our"). We respect the privacy of our users ("you" or "your"). This Privacy Policy ("Privacy Policy") governs the Websites we and our businesses, subsidiaries and related entities operate. This Privacy Policy sets out the privacy considerations for you on our Sites so please read this carefully. By using our Site, you are agreeing to the terms of this Privacy Policy and our Terms of Use. If you do not agree to these collective terms, then please do not use our Site.

What Choices Do You Have? +

What Choices Do You Have?

If you no longer wish to receive marketing communications from us, you can let us know by contacting us Here or by mail at the address provided below in "Contact Us". The electronic marketing communications we send will also contain an opt-out mechanism pursuant to legal requirements. Please note that it may take up to 10 calendar days to remove your contact information from our marketing communications lists, so you may receive correspondence from us for a short time after you make your request. Please also contact us to update or correct your information if it changes or if you believe that any information that we have collected about you is inaccurate.

Please note that the Sites are compliant with the Telephone Consumer Protection Act. When you click on a submit button or other similar buttons that transmits the information you enter on one of Our web forms on the Sites, you expressly agree to the terms of the opt ins and disclaimers on the relevant Site page. Please pay careful attention to these terms when submitting your information. You are also agreeing to this Privacy Policy and our Terms of Use. As a result, you may be contacted by Us, our affiliates, subsidiaries, partners, clients and other businesses and groups. You may be contacted by telephone or the use of electronic technologies such as SMS text messages, email, auto dialers, pre-recorded messages even if the telephone number that you submitted on the Site is a mobile number or a number listed on any state, federal or corporate "Do Not Call" list. You also understand that your telephone company may impose charges on you for these contacts and that you can revoke your consent at any time. For any active SMS campaigns that you may be contacted from, you can Text STOP to cancel or HELP for help. Message and date rates may apply. By clicking a submit button on our Sites, you affirm that you have read and agreed to the Site's Terms of Use and Privacy Policy.

Information We Collect +

Information We Collect

We collect personal information (see below) directly from you when you visit or use our Site or our advertisements across different digital mediums. We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information" or "PI"). In particular, we have processed the following categories of personal information from consumers within the last twelve (12) months:

Category Example(s) Source(s) Purposes of Collection Who Do We Share Your PI with?
Identifiers First Name, Last Name, telephone number, IP address and email address Directly from you during your interaction on our web or mobile application or data brokers or service providers To respond to your inquiry, to provide you with more targeted services or to conduct data auditing Businesses, clients, service providers or third parties
Customer records Name, information as to preferences or consumer behavior Directly from you during your interaction on our web or mobile application or data brokers or service providers To respond to your inquiry, to provide you with more targeted services or to conduct data auditing. Minimize duplication of contact Businesses, clients, service providers or third parties
Commercial Information Personal property, products/services purchased or used, purchasing histories/tendencies, medical services used and locations, usage of products and services. Directly from you during your interaction on our web or mobile application or data brokers or service providers. To respond to your inquiry, to provide you with more targeted services Businesses, clients, service providers or third parties
Internet/ Network Activity Browsing history, search history, information regarding a consumer's interaction with an internet website, application, content or advertisement Directly from your device during your interaction on our web or mobile application or data brokers or service providers To better provide you with appropriate and applicable service offers Service providers or third parties
Geolocation Data Physical location Directly from your device during your interaction on our web or mobile application. To better provide you with appropriate and applicable service offers Service providers or third parties
Audio, electronic, visual, etc. information Video recordings of your interaction on our website or mobile application Directly from your digital interaction on our web or mobile applications Compliance and quality control purposes Service providers, third parties, clients and businesses.
Professional/Employment Information Job title or profession Directly from you on our web or mobile application or data broker or service providers To respond to your inquiry and to ensure relevance of the offer Service providers, third parties, clients and businesses.
Inferences Not Disclosed Consumer activity history, purchases, uses regarding products and services Directly from you or data brokersĀ¬ or service providers To better provide you with appropriate and applicable service offers Service providers, third parties, clients and businesses.

Information Collected Automatically

We and our third party providers may use cookies (when you interact with our Site or Our Advertisements) and other technologies such as log files, tracking pixels, beacons, Software Developer Kits, analytic tools and services to collect information (including Personal Information) automatically from you. Such information includes (but is not limited to) your Internet Protocol address, location information, the type of the web browser and operating system you use, browsing activities, usage information, and any other information that your web browsing software or Internet Service Provider automatically provides to our Services. Please see the entirety of this Privacy Policy for all information that is collected. Cookies. A cookie is a small piece of data stored by your web browser on your computer or mobile device. We use cookies to collect information from you regarding your usage of the Services in order to remember user preferences and settings, personalize your experience with the Services, and for security purposes. You may opt-out of the automatic collection of some information by referring to your web browser's or mobile device's options or settings menu. However, doing so may disable many of the portions, features, or functionality of the Services. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences or visit http://allaboutcookies.org for more information.

California Privacy Notice +

California Privacy Notice

We adopt this notice to comply with the California Consumer Privacy Act of 2018 ("CCPA"). The following applies solely to California "consumers" as defined in Section 17014 of Title 18 of the California Code of Regulations. This notice applies to the personal information categories listed above.

Please note that job applicants, current and former employees, and individuals subject to business-to-business communications are not considered "consumers" for the purpose of this policy.

Summary of Your Rights Under California Law +

Summary of Your Rights Under California Law

Under California law, subject to certain exceptions, California residents have the following rights with respect to their Personal Information:

Privacy Right Description
Notice You have the right to be notified of what categories of Personal Information will be collected at or before the point of collection and the purposes for which they will be used and shared.
Access You have the right to request information on the categories of Personal Information that we collected in the previous twelve (12) months, the categories of sources from which the Personal Information was collected, the specific pieces of Personal Information we have collected about you, and the business purposes for which such Personal Information is collected and shared. You also have the right to request information on the categories of Personal Information which were disclosed for business purposes, and the categories of third parties in the twelve (12) months preceding your request for your Personal Information.
Erasure You have the right to request to have your Personal Information deleted from our servers and we will direct our service providers to do the same. However, please be aware that we may not fulfill your request for deletion if we (or our service provider(s)) are required to retain your Personal Information for one or more of the following categories of purposes: (1) to complete a transaction for which the Personal Information was collected, provide a good or service requested by you, or complete a contract between us and you; (2) to ensure our website integrity, security, and functionality; (3) to comply with applicable law or a legal obligation, or exercise rights under the law; (4) to otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Disclosure of Personal Information +

Disclosure of Personal Information

In the preceding twelve (12) months, we may have disclosed the following categories of personal information for a business purpose:

Categories of Personal Information Business Purpose Categories of Third Parties (as defined by CCPA) with whom information is shared for a Business Purpose
Identifiers Auditing, Detecting Security Incidents, Performing Services, Undertaking Internal Research Not Disclosed
Customer records To respond to your inquiry, to provide you with more targeted services or to conduct data auditing Not Disclosed
Commercial Information To respond to your inquiry, to provide you with more targeted services Not Disclosed
Internet/ Network Activity To better provide you with appropriate and applicable service offers Not Disclosed
Geolocation Data To better provide you with appropriate and applicable service offers Not Disclosed
Audio, electronic, visual, etc. information Compliance and quality control purposes Not Disclosed
Professional/Employment Information To respond to your inquiry and to ensure relevance of the offer Not Disclosed
Inferences To better provide you with appropriate and applicable service offers Not Disclosed

Sales of Personal Information +

Sales of Personal Information

In the preceding (12) twelve months we have sold the following categories of personal information to third parties:

Categories of Personal Information Categories of Third Parties with whom information is sold (for the purposes of CCPA)
Identifiers Businesses and Clients
Customer records Businesses and Clients
Commercial Information Businesses and Clients
Internet/ Network Activity Businesses and Clients
Geolocation Data Businesses and Clients
Audio, electronic, visual, etc. information Businesses and Clients
Professional/Employment Information Businesses and Clients
Inferences Businesses and Clients

We aim to provide consumers with control over the collection and use of their personal information. Consistent with this goal, we will honor requests from consumers to "opt-out" of the sale of their personal information. The "Your California Privacy Rights" section below provides instructions on how to opt-out of the sale of your personal information.

Please note that We do not knowingly sell personal information of California consumers under the age of sixteen (16) years.

Your California Privacy Rights +

Your California Privacy Rights

As set out above, under the CCPA, California consumers are provided with certain privacy rights which they may exercise themselves or through an authorized agent.

The Right to Opt-Out of the Sale of Personal Information: You have the right to request that we discontinue the sale of your personal information that we have collected about you. Once you submit this request, we will not request authorization from you to begin selling your data again in the future for twelve (12) months. You may utilize the options below in the "Exercising Your California Privacy Rights" section or by visiting our "Do Not Sell My Personal Information" webpage Here

The Right to Know: You have the right to request that we disclose to you the personal information we have collected, used, disclosed or sold about you in the previous twelve (12) months. You may also request a copy of the personal information we have collected on you over the past twelve (12) months. See the "Exercising Your California Privacy Rights" section for instructions on submitting a right to know request.

The Right to Deletion: You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete and direct our service providers to delete your personal information from our records, unless an exception applies. See the "Exercising Your California Privacy Rights" section for instructions on submitting a right to deletion request.

Exercising Your California Privacy Rights +

Exercising Your California Privacy Rights

To exercise the rights described above, please submit a verifiable consumer request to us by either calling the toll-free number below or submitting a request online through the link below. We may require you to provide certain personal information to allow us to verify your identity, such as your email address, full name, postal address, date of birth and phone number, etc and any other reasonable information we require to process your request. If we cannot comply with a request, we will explain the reasons in our response.

Help Us Verify Your Identity: Provide us with information to verify your identify. Please note that if we cannot initially verify your identity, we may request additional information to complete the verification process. Any Personal Information you disclose to us for purposes of verifying your identity will solely be used for the purpose of verification.

Call Us On (Toll Free Number): 914-486-5529

Submit Your Details Here

Shine the Light: California residents may request the categories of personal information that we shared with third parties for the third parties' direct marketing purposes during the previous calendar year, if any. Written requests may be sent to the following address: 100 South Bedford Road, Suite 320, Mount Kisco, New York 10549

You must write "Your California Privacy Rights" at the top of your inquiry. Once we have all the necessary information from you, we will respond within 30 days to requests regarding the categories of personal information that we shared with third parties for their own direct marketing purposes within the previous calendar year. Requests for this information that come to We by other means may result in a delayed response.

Use of an Authorized Agent: You may designate, in writing or through a power of attorney, an authorized agent to make these privacy requests on your behalf to exercise these rights. An authorized agent may submit a request on your behalf if you have provided the authorized agent with power of attorney in accordance with California law. If this has not occurred, we will require the agent to provide proof that you have authorized it to act on your behalf and may require you to verify your own identity with us directly before we accept a request. We will do this by requiring the authorized agent to present verifiable written authorization from you that you have provided the agent with permission to submit the request and independently verify the agent's own identity with We.

Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services;
  • Charge you different prices or rates for goods or services, including granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods and services; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Nevada Privacy Disclosure +

Nevada Privacy Disclosure

The following applies solely to Nevada residents. We adopt this notice to comply with the Nevada Privacy Law. As a Nevada resident, you have the right to review and request changes to any of your covered information that is collected through our website or online services. If you are a Nevada "consumer" as defined by the Nevada Privacy Law, you may also request to opt out of the sale of such information about you.

See the "Exercising Your Nevada Privacy Rights" section below for instructions on how to exercise your rights described above.

Exercising Your Nevada Privacy Rights +

Exercising Your Nevada Privacy Rights

To exercise your rights described above, please submit a verifiable request to us by either calling the toll-free number below or submitting a request online through the link below.

Call Us at: 914-486-5529 Submit Your Details Here

Once we have all the information we need, we will process your request within 60 days, or we will let you know if we need additional time.

How We Respond to Do Not Track Signals +

How We Respond to Do Not Track Signals

We do not support "Do Not Track" browser settings and therefore does not change its practices in response to a "Do Not Track" signal in the HTTP header from a browser or mobile application.

Opting Out of Marketing Messages +

Opting Out of Marketing Messages

Should you no longer wish to receive newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at the address listed at the end of this Privacy Policy or this link. You may continue to receive email communications from us up to ten business days from the time we receive your unsubscribe request.

Please note that We can only control its own mailing list and policies. Third party advertisers that maintain their own mailing lists may send communications that advertise our services, and you may need to contact these parties directly in order to stop receiving their communications.

Personal Information from Children +

Personal Information from Children

Because of the nature of our business, our services are not provided to minors. We will not ask minors, specifically children under the age of 13, to provide personal information.

Security of Personal Information +

We maintain our systems in accordance with commercially reasonable industry standards to preserve the integrity and security of your personally identifiable information under our control. No security system is impenetrable. We cannot, however, guarantee, ensure or warrant the security of any information you transmit to us and you do so at your own risk. Moreover, we are not responsible for the security of information you transmit to us over networks that we do not control, including the Internet and wireless networks. Please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

Links to Other Sites +

Our Websites may include links or references to other websites or services. These linked sites are provided for your convenience and for information purposes only. This Privacy Policy does not apply to third party websites or social media features that may be accessed through links that we provide for your convenience and information. Accessing those links will cause you to leave our site and may result in the collection of your personal information by third parties. We do not control, endorse or make any representations about those third party websites or their privacy practices, which may differ from ours. We encourage you to review the privacy policy of any site you interact with before allowing the collection and use of your information. We are not responsible for the privacy practices of such sites. This Privacy Policy applies solely to information collected via our Sites.

Using Our Services Outside of the United States +

Using Our Services Outside of the United States

If you are using the Services from outside of the United States of America, please be aware that your Personal Information may be transferred to, stored or processed in the United States, where our servers are located, and our central database is operated. The data protection and other laws of the United States might not be as comprehensive as those in your country. By using any portion of the Services, you understand and consent to the transfer of your Personal Information to our facilities in the United States and those third parties with whom we share it as described in this Privacy Policy.

Online Analytics +

Online Analytics

We may use third party analytics tools, such as Google Analytics and other services from time to time, in order to better understand your use of our Services and how we can improve them. These tools collect information sent by your browser or mobile device, including the pages you visit and other usage information. For more information regarding how Google collects, uses, and shares your information please visit http://www.google.com/policies/privacy/partners/.

To prevent data from being used by Google Analytics, you can download the opt-out browser add-on at: http://tools.google.com/dlpage/gaoptout?hl=en.

Changes to Our Privacy Policy +

Changes to Our Privacy Policy

This Privacy Policy may be updated periodically, and we encourage visitors to frequently check this page for any changes. You can tell when this policy was last updated by looking at the "Last Update:" date located at the top of this policy. In the event of substantive changes in the way we collect, process, use or share personal information, we may provide additional notice by adding a statement to our homepage or sending you a notification via email with a link to our revised policy.

Your further use of our website after the date our Privacy Policy was last updated will be subject to the revised policy.

Questions? +

Questions?

If you have questions regarding our Privacy Policy or your privacy rights as described above, please contact us at:

Info@homeservicescompliance.com

Lacuna Ventures, LLC | 100 South Bedford Rd | Suite 320 | Mt Kisco, New York 10549

Terms Of Use

September 21, 2020

Background +

Windowrefurb.com, Bestwindowdeals.com, Leafprotect.com and HomeGeniePro.com ("Website", "Us", "We" and "Our") and the services, offers or products that we offer (the "Services") are offered to you, on a conditional basis that you accept the Services without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms of Use"). Your use of this Website or submission of service requests via telephone or otherwise, constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms of Use apply to any Services or properties such as websites or applications owned and operated by Us and on which a link to these Terms of Use appears. If you have any questions regarding these Terms of Use, you may contact us Windowrefurb.com or Bestwindowdeals.com using the Contact Details provided. 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 September 21, 2020.

IMPORTANT: PLEASE REVIEW THESE TERMS OF USE CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION BELOW.

What We Do +

Our Websites provide you with Services from our partners, affiliates and clients ("Service Providers"). We are not responsible for the offers, products and services that are provided by our Service Providers nor are we responsible, directly or indirectly, for your eligibility for any offers, products and services. Please pay careful attention to the terms of any such offers, products and services on our Website as well as the Terms of Use provided by the Service Providers themselves.

The Services that we provide you on our Website may only be available for certain periods of time, certain geographical locations and other qualifications from time to time. We and our Service Providers reserve the sole and absolute right to change the terms of any Services and at any time.

Release From Damages Or Claims +

Should you have a dispute with respect to any Services provided by a Service Provider or the fees charged by any Service Provider, you must address such dispute with the Service Provider directly. YOU HEREBY AGREE TO RELEASE Us (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS WHATSOEVER OR HOWSOEVER (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROVIDER.

Your Use Of Our Services And Prohibited Uses +

You acknowledge and agree that your use of the Websites is for your personal use and not for commercial purposes. You agree not to copy/collect Our content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use the Website to recreate or compete with Us, to solicit or harass Service Providers, 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 Us for any such damages, and will indemnify Us in the event of any claims against Us based on or arising from your violation of the foregoing. We reserve the right to block your access to the Website or Services or Service Providers, products or properties at any time. If it is determined or suspected by Us in Our sole and absolute discretion that you are misusing or attempting to misuse or circumvent Us, Our Services or systems, 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, We reserves the right, in our sole and absolute 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.

You And Service Providers +

We cannot and do not guarantee the work performed by Service Provider. We will never ask you for or accept any financial payments for Services that are provided by Service Providers. The contract for any offer, service or product and any payments associated with the same, will strictly be entered into by you and Service Providers. We have no responsibility whatsoever or howsoever to any contract between you and a Service Provider and any aspects arising from a contract for an offer, service or product.

Information You Provide To Us +

Please see our Privacy Policy Above

When you access this Website, We, may activate one or more cookies, tracking pixels, SDKs (and other similar technologies) to your computer or device on our Site. We use these tracking technologies to identify prior users and track usage of the site to enhance the service we provide you. You can modify your browser's settings at any time to accept all cookies, reject all cookies, or notify you when a cookie is sent. Please refer to the following URL for information on cookies http://allaboutcookies.org.

We may also automatically record certain information from your system including your IP address, a unique device or User ID, version of software installed, system type, the content and pages that you access on the site and the dates and times that you visit site. We use this information for analytical purposes and to help us improve our site and our business in general. We may provide this information to affiliates and/or third parties to assist us in improving these functions. We may use other digital tracking on the Site to ensure that we provide you with a better digital consumer journey and experience as well as to ensure We have digital proof of our compliance of certain laws.

Personally Identifiable Information +

Please refer to our Privacy Policy above to understand how we collect your personal information and how we may use it. For example, your personal information, that is voluntarily provided by you under the Terms of Use, maybe used for administrative purposes; for authentication purposes; to properly operate, maintain and provide you with the features and functionality of the site; to present you with promotions, advertisements and opportunities which may be of interest to you via a variety of marketing mediums, such as, but not limited to, direct mail, email, phone, text, or Text SMS; to enable our Service Providers and to assist us in operating, maintaining and providing our Services to you via a variety of marketing channels and mediums, to enable Us to carry out our obligations; to notify you about changes to the Policies, site or service; to investigate and help prevent potentially unlawful activities that threaten the integrity of the Site or Us, our technology; to investigate allegations of fraud or violations of our Policies (including Privacy Policy); to enforce or apply our rights under the Privacy Policy; to protect the rights, property, or safety of any of our clients or others; to improve the quality and design of the site and to create new features, functionality, and services by storing, tracking, and analyzing your preferences and trends; and/for marketing and business purposes generally.

Information submitted to the Site in some instances may be shared or sold unless consent is authorized by you.

We reserve the right to disclose your personally identifiable information, as required, to comply with the law, applicable regulations, governmental and quasi-governmental requests, judicial proceedings, court orders or subpoenas, to enforce our legal notices or other agreements, or to protect our rights, property or safety or the rights, or to protect the property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.), and to ensure the security of our network and services. Information obtained is utilized solely to improve and enhance the quality of our Sites, advertisements and related mediums.

Fraud Notice +

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS 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 US AND THE SERVICE PROVIDERS, AND TO CONSUMERS, 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 SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO US AND EACH SERVICE PROVIDER FOR ANY LOSSES OR EXPENSES ASSOCUATED WITH YOUR ACTIONS WHICH COULD BE 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 LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

Call Recording +

You acknowledge and agree that We or our Service Providers may monitor and/or record any telephone calls between you and Service Providers.

Articles And Other Content +

We may provide certain content relating to home improvement, repair, maintenance ("Articles"), on Our Websites, apps (if applicable), email and via mobile applications owned and operated by Us. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.

Links To Third-Party Sites +

The links in the Websites or apps (if applicable) may let you leave the Websites. The linked sites are not under Our control and We are 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. We are expressly not responsible for any form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply (directly of indirectly) an endorsement by Us of the site.

Indemnification +

YOU AGREE TO INDEMNIFY US, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, CLIENTS, SERVICE PROVIDERS, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF OUR SERVICES IN CONNECTION WITH THE WEBSITES, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS OF USE, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

Agreement To Aribitrate All Disputes And Governing Law +

The exclusive means of resolving any dispute between you and Us or any claim or controversy arising out of or relating to use of this Website and/or Our Services (including any alleged breach of these Terms of Use) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against Us or any class action, class arbitration, or other representative action or proceeding.

Important: Notice Of Your Rights +

a. By using the Website and/or Our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Us. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. 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. For details on the arbitration process, see our Arbitration Procedures.

b. Any proceeding to enforce this arbitration agreement, 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 agreement is for any reason held to be unenforceable, any litigation against Us may be commenced only in the federal or state courts located in Westchester County, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

c. These Terms of Use, and any dispute between you and Us, shall be governed by the laws of the state of New York 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 Our Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Our sole obligation to you or any third party for any claim arising out of your use of Our Services, is that you are free to discontinue your use of Our Services at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE 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 WE SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE HAVE 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 EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The Terms of Use will inure to the benefit of Our 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. Our failure 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 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 State of New York. You agree to submit to jurisdiction in New York and that any claim arising out of or related to these Terms of Use will be brought solely in a court in Westchester County, New York. These Terms of Use constitute the entire agreement between you and Us and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms of Use may be amended from time to time by Us.

Lacuna Ventures, LLC | 100 South Bedford Rd | Suite 320 | Mt Kisco, New York 10549