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4942 West Congress St. Suite 3, Lafayette LA 70506
FISH TERMS OF USE
These Terms of Use (the “Terms”) form a binding agreement between you and Fish (each, a “Party”, and collectively the “Parties”) and apply to our website at https://www.fishwindowcleaning.com/ (the “Site”) and any related products, services, or communications (the “Services”). Fish Window Cleaning Services, Inc. (“Fish”) owns this Site and is based in the State of Missouri in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. By using our Site or purchasing our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use our Site or purchase our Services.
In these Terms, any use of the words “you,” “yours,” or similar expressions refer to users of this Site and our Services, as well as any other individuals whose information we collect and process. References to “we,” “us,” “our” or similar expressions refer to Fish.
Effective Date: October 07, 2025
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT.
Table of Contents
- Your Acceptance of These Terms
- Your Acceptance of Our Privacy Policy
- Your Consent to Other Agreements
- No Offer To Sell a Franchise
- Ownership of this Site and its Content
- Trademarks
- Your Feedback
- Your Obligations and Prohibited Uses
- Payment Terms and Conditions
- Disclaimers
- Limitation of Liability
- SMS Communications
- Links to Third-Party Websites
- Modification and Discontinuation
- Waiver
- Severability
- Governing Law, Jurisdiction and Venue
- Arbitration
- Updates and Changes
- Entire Agreement
- Questions
These Terms apply to all users of this Site and our Services. By using this Site or by purchasing our Services, you are agreeing to comply with and be bound by these Terms. If you do not agree to these Terms, you must not access or use this Site or purchase our Services.
By agreeing to these Terms, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us through your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms and our Privacy Policy, these Terms control.
When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms, the terms of the click-through agreement will supplement or amend this these Terms, but only with respect to the matters governed by the click-through agreement.
None of the communications made through this Site should be construed as an offer to sell any Fish Window Cleaning franchises in, nor is any such communication directed to, residents of any jurisdiction requiring registration of the franchise before it is offered and sold in that jurisdiction. No Fish Window Cleaning franchises will be sold to any resident of any such jurisdiction until the offering has been exempted from the requirements of, or duly registered in and declared effective by, such jurisdiction and the required franchise disclosure document (if any) has been delivered to the prospective franchisee before the sale in compliance with applicable law. If you should have any questions concerning the registration status of Fish Window Cleaning franchises in your jurisdiction, please contact John English at 1-877-707-FISH ext. 241 or by email at info@fishwindowcleaning.com.
This Site, including all its content, features, and functionality (including but not limited to all data, information, software, code, text, displays, images, photographs, illustrations, graphics, video, audio, Feedback, and all other materials on this Site; and the design, selection, and arrangement thereof) (the “Content”) are owned by Fish, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any Content on the Site is transferred to you, and Fish reserves all rights not expressly granted herein. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Fish Window Cleaning name and logo, all product and service names, all graphics, all button icons, and all trademarks, service marks, and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Fish (the “Fish Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners. You are not authorized to display or use the Fish Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks, and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the Fish Marks or other trademarks, product names, company names, logos, service marks, and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
“Feedback” means any text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, and other content you post on or through this Site that pertains to how we can improve this Site and the Services we make available through this Site. The Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve, create derivative works, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
In consideration of your use of this Site, you agree that to the extent you provide personal information to Fish, it will be true, accurate, current, and complete and that you will update all personal information as necessary.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. At least until we are so notified, you will remain liable for any unauthorized use of your account.
You also agree to ensure that you log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or on public internet connections so that others are not able to view or record your password or other personal information.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards set out in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Fish, a Fish employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Fish or users of the Site, or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
You can request an estimate for the commercial, residential, gutter cleaning, awning cleaning, light fixtures services and/or any other services listed on the Site. You will be contacted by your independently owned and operated local Fish location which will confirm the pricing. Your Fish location will be responsible for providing you with the requested services.
Once you purchase the Services, you may be required to provide us with certain information. You represent and warrant that you have the legal right to use any credit or debit card payment. By providing credit or debit payment information, and upon receipt of completion of the Services (whether through email or a signed invoice at the establishment where Services were performed), you authorize us to process your existing payment method. By submitting such information, you grant to us the right to provide such information to the local franchise owner and their payment processors and gateway providers, including Evalon, Inc. and USAePay, for purposes of facilitating the transactions initiated by you or on your behalf. You agree that we and/or our payment providers can retain your payment method on file, and you will be charged after the completion of Services requested. You authorize us to charge your credit/debit card on record for the full amount of the Services, taxes, and any rescheduling or cancellation fees, as applicable. If we are unable to charge your existing payment method, you authorize us to use any payment methods you have previously linked to your account or that we have on file. To update your existing payment preferences, you may do so by logging in to your account here or contacting the Fish location that provided the services to you. Your Fish location may accept MasterCard, Visa, American Express, Discover, and/or ACH payment, which may vary by location.
All prices and fees for the Services will be listed on a secure checkout page on our customer portal. You acknowledge and agree that we reserve the right to refuse or cancel any request for Services you place on the Site or through email or text. Unless otherwise expressly stated in these Terms, all fees incurred (including, without limitation, the service-related fees, taxes or similar charges, cancellation fees, rescheduling fees, credit card processing fees, and a tip or gratuity, as applicable) are non-refundable. We reserve the right to change our Service prices at any time and will notify you of any price changes.
If we offer recurring Services, your local Fish location may charge a cancellation fee if you cancel recurring Services booked through our Site. Recurring Services booked through our Site may include weekly, every other week, or every four weeks Services for which you received a quote after inputting your request and information through our Site. Please consult your Fish location for details.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, FISH WINDOW CLEANING, ITS AFFILIATES AND FRANCHISEES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FISH WINDOW CLEANING, ITS AFFILIATES AND FRANCHISEES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE, OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
FISH DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED FISH SPOKESPERSONS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES, AS WELL AS OUR FRANCHISEES, SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FISH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF TEN DOLLARS ($10.00) OR THE AMOUNT YOU HAVE PAID FISH IN THE LAST TWELVE (12) MONTHS FOR THE APPLICABLE SERVICES OUT OF WHICH LIABILITY AROSE.
By accessing or using our Services, including receiving SMS communications, you agree to comply with and be bound by these Terms. If you do not agree with these terms, do not engage with our Services.
Consent for SMS Communications
By providing your consent to receive SMS communications, you acknowledge and agree to receive text messages from Fish at the phone number you provide. We may disclose your SMS opt-in or consent status with affiliates or third parties that help us provide our messaging Digital System, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages. We will not sell or share your phone number or your opt-in to the SMS with third parties for their direct marketing purposes or for purposes unrelated to our Site and Services.
Opt-In Method
You may opt-in to receive SMS messages from Fish Window Cleaning in the following ways:
- Verbally, during a conversation;
- By submitting an online form.
Help
If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us by calling (877) 707-3474 or emailing us at privacy@fishwindowcleaning.com.
Types of SMS Communications
If you have consented to receive text messages, you may receive SMS communications related to the following:
- Customers and Guests: Updates regarding your orders, deliveries, or other relevant information.
- Job Applicants: Information about your application status, onboarding materials, or other employment-related updates.
Standard Messaging Disclosures
- Message Frequency: Frequency of messages may vary depending on your interactions with us.
- Standard messaging rates will be charged by your mobile service provider.
- You can opt-out of receiving SMS messages at any time by texting "STOP" to the number from which you received the message.
This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Fish shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
We reserve the right at any time to modify, edit, delete, suspend, or discontinue, temporarily or permanently, this Site (or any portion thereof) and/or the information, materials, products and/or Services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this Site.
Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing to be enforceable. Unless the written waiver contains an express statement to the contrary, no waiver by Fish of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
These Terms will be governed under the laws of the State of Missouri without regard to its conflicts of law provisions. Except as set forth in Section 18, all actions or proceedings arising out of or relating to these Terms will be venued exclusively in state or federal court in the City of Saint Louis and County of St. Louis, Missouri. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any applicable jurisdiction, such as where we believe that infringement of these Terms is taking place or originating.
“Disputes” means any issue, dispute, claim, or controversy that arises out of or otherwise relates to these Terms, our Privacy Policy, and any other policy incorporated or referenced herein.
All Disputes arising out of or relating to these Terms our Privacy Policy, and any other policy incorporated or referenced herein, will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. If you and Fish are not able to resolve such a Dispute, each Party agrees that any and all Disputes shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you. Either Party may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other Party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Fish will pay all the filing costs, including arbitrator fees.
Arbitration awards may be enforced in any court with proper jurisdiction, and the Parties agree to submit to the jurisdiction of such courts. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts located in the County of St. Louis, Missouri: (i) any Dispute relating to or contesting the validity of the our proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or (ii) an action by a Party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. Unless you opt-out using the mechanism below, you expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.You shall have thirty (30) days from the date that you access the Site or submit your personally identifiable information (whichever occurs first) to opt-out of this arbitration agreement. To opt out of arbitration you must contact us at Fish Window Cleaning Services, Inc.
217 Chesterfield Towne Centre, Chesterfield, Missouri 63005, Attn: Legal Team.
If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.
These Terms are current as of the effective date set forth above. Fish reserves the right to change these Terms from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms constitutes your agreement to be bound by the revised Terms. If at any time you choose not to accept these Terms, you should not use this Site.
These Terms (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and Fish with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Fish with respect to this Site and your use of this Site.
If you have any questions about this Site or these Terms, please contact us at:
Fish Window Cleaning Services, Inc.
217 Chesterfield Towne Centre
Chesterfield, Missouri 63005
Email: info@fishwindowcleaning.com
Telephone: 636-530-7334
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