Energy Swing Windows — Terms of Service
1. Acceptance of Terms
By accessing energyswingwindows.com (the “Site”) or joining any Energy Swing Windows (“ESW,” “we,” “us,” “our”) text‑messaging program, you agree to these Terms of Service (“Terms”). If you do not agree, do not use the Site or our services.
2. Eligibility
The Site and texting program are intended for U.S. residents aged 18 or older.
3. Modifications
We may revise these Terms at any time. Continued use of the Site or texting program after changes constitutes acceptance of the revised Terms.
4. Intellectual Property
All content on the Site—including text, graphics, logos, and software—is the property of ESW or its licensors and protected by applicable law. You may not reproduce, distribute, or create derivative works without prior written consent.
5. Permitted Use & Prohibited Conduct
You agree not to violate any law, infringe intellectual‑property rights, introduce malware, scrape data, or attempt unauthorized access. We reserve the right to suspend or terminate access for any violation (§13).
6. Lead Forms & Contact Information
Information you submit through Site forms is used to respond to your inquiries, schedule appointments, and deliver requested services. See our Privacy Policy for full details.
7. SMS/Text Messaging Terms
- Program Description – ESW sends transactional Customer Care messages (appointment confirmations, appointment reminders and installation updates) via SMS/MMS.
- Opt‑In Methods – You opt in by web‑form checkbox or text confirmation.
- Message Frequency – Message frequency varies.
- STOP & HELP – Reply STOP to cancel. Reply HELP for help or contact 724-387-2991 or email contact-us@energyswingwindows.com for additional assistance.
- Consent Not a Condition – Your consent to receive texts is not a condition of purchase.
- Charges – Message and data rates may apply.
- Originating Number – Messages are sent from 724-573-8662.
- Carrier Liability – Wireless carriers are not liable for delayed or undelivered messages.
- Data Use & Sharing – SMS opt-in records and message logs are retained for at least four (4) years after your last interaction with our texting program—or longer if required to resolve disputes or comply with applicable law—and are then securely deleted or anonymized. These records are shared only with HubSpot and Salesmsg to operate the texting program. Text messaging originator opt-in data and consent will not be shared with any third parties. help.salesmessage.com. You may request earlier deletion of your SMS data at any time by emailing contact-us@energyswingwindows.com; we will honor such requests unless a legal obligation requires retention. If we migrate to a new messaging provider, your records will be securely transferred to the successor platform or destroyed within 90 days of the transition.”
8. Cookies & Analytics
We use Google Analytics 4 and similar cookies to understand site usage. See our Privacy Policy for opt‑out options.
9. Third‑Party Links
The Site may link to external websites. ESW is not responsible for their content or privacy practices.
10. Disclaimer of Warranties
The Site and texting program are provided “as is,” without warranties of any kind, express or implied.
11. Limitation of Liability
To the maximum extent permitted by law, ESW is not liable for indirect, incidental, or consequential damages arising from your use of the Site or texting program.
12. Indemnification
You agree to indemnify and hold ESW, its officers, employees, and agents harmless from any claim stemming from your violation of these Terms.
13. Termination
We may suspend or terminate your access to the Site or texting program at our discretion for any breach of these Terms.
14. Governing Law & Venue
These Terms are governed by the laws of the Commonwealth of Pennsylvania. Any dispute shall be resolved in the state or federal courts located in Greensburg, PA unless the parties agree to alternative dispute resolution.
15. Contact Us
Energy Swing Windows
3245 Miracle Drive, Murrysville, PA 15668
Phone: 1-724-387-2991
Email: contact-us@energyswingwindow.com