These terms apply to https://topframewindows.com, which is operated by Top Frame Windows & Doors LLC, 6719 N Lamar Blvd, Suite D, Austin, TX 78752. Questions can be sent to builders@topframewindows.com.
1. Acceptance of these terms
By using this website you agree to these terms. If you do not agree, please do not use the site. If you are using it for a company, you confirm you are authorised to accept these terms on its behalf.
2. Use of this website
You agree not to use the site unlawfully, to interfere with its operation, to introduce malicious code, to scrape or harvest it by automated means, or to attempt to gain unauthorised access to any part of it.
3. Quotes, pricing and orders
Everything on this site is general information, not an offer to sell. Product specifications, availability, lead times and pricing shown here may change and are not binding.
A price becomes binding only in a written quote we issue. Any order you place is governed by the Terms of Sale that accompany that quote, not by this page. If anything on this website conflicts with those Terms of Sale, the Terms of Sale control.
4. Intellectual property
The content, images, drawings and design of this site are owned by Top Frame Windows & Doors LLC or its licensors and may not be copied, republished or used commercially without our written permission. Product names and marks belonging to others are their property.
5. Links to other websites
Links to sites we do not operate are provided for convenience. We do not endorse them, do not control their content, and are not responsible for them.
6. Disclaimer of warranties
This website is provided on an “as is” and “as available” basis. We do not warrant that it will be uninterrupted, error-free, or that the information on it is complete or current.
This section is about the website only. It does not limit, and has no effect on, the product warranty supplied with goods we sell.
7. Limitation of liability
To the fullest extent permitted by law, Top Frame Windows & Doors LLC is not liable for indirect, incidental, special or consequential damages arising from your use of this website.
Nothing in these terms waives or limits any right you have that cannot be waived or limited under Texas law, including the Texas Deceptive Trade Practices – Consumer Protection Act. If any limitation here is not permitted in your case, it does not apply to you.
8. Indemnification
You agree to cover our reasonable costs, including legal fees, arising from your misuse of this site or your breach of these terms. This does not apply to claims caused by our own acts or omissions.
9. Dispute resolution and arbitration
We would rather sort out a problem directly, so please email builders@topframewindows.com first and give us 30 days to resolve it.
If that does not work, any dispute arising out of this website or these terms will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Travis County, Texas. Judgment on the award may be entered in any court with jurisdiction. This matches the dispute process in our sale and supply agreements, so a single disagreement does not end up in two different forums.
Exceptions. Either of us may bring an individual claim in small claims court, and either of us may ask a court for an injunction to protect intellectual property.
Individual basis. Claims are brought individually, not as a class or representative action.
This section does not waive any right that cannot be waived under Texas law, and if a court holds the arbitration agreement unenforceable in your case, the dispute goes to the courts named in the next section instead.
10. Governing law and venue
These terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Where a dispute is not subject to arbitration, the exclusive venue is the state or federal courts located in Travis County, Texas.
11. Electronic communications
When you contact us through this site or by email, you consent to receiving our replies electronically, and you agree that electronic records and signatures satisfy any requirement that a communication be in writing.
12. Accessibility
We want this site to be usable by everyone, and we build it to follow recognised web accessibility guidance. If any part of it gets in your way, email builders@topframewindows.com and tell us what happened. We will fix it and, in the meantime, give you the same information another way.
13. General
If any provision of these terms is held unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these terms without our consent; we may assign them to a successor of our business. These terms, together with any Terms of Sale that accompany a quote, are the entire agreement about your use of this site. The sections on intellectual property, disclaimers, liability, indemnification and dispute resolution survive.
14. Changes to these terms
We may update these terms. The version published on this page is the one in effect, and the date at the top shows when it last changed. Continuing to use the site after a change means you accept the updated terms.
15. Contact us
Top Frame Windows & Doors LLC, 6719 N Lamar Blvd, Suite D, Austin, TX 78752.
builders@topframewindows.com