American Window Film Terms of Service
Effective Date: May 29, 2026
Last Updated: May 29, 2026
Welcome to American Window Film ("AWF," "we," "us," or "our"), a trade name of Budget Holdings, LLC dba American Window Film. By accessing or using our website at www.americanwindowfilm.com (the "Site") and any related services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Site or our services.
These Terms incorporate by reference our Privacy Policy, which is a binding part of your agreement with us.
1. Use of the Website
You may use our Site for lawful purposes only. You agree not to use the Site in any way that may damage, disable, or impair the Site or interfere with any other party's use of the Site. Unauthorized use, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on the Site, is strictly prohibited.
2. Intellectual Property Rights
All content on our Site, including but not limited to text, graphics, logos, images, and software, is the property of American Window Film or its content suppliers and is protected by U.S. and international copyright laws. You may not reproduce, distribute, modify, or otherwise use any content without our prior written consent.
3. Website Tracking and Cookie Consent
Our Site uses cookies, web beacons, pixels, and similar tracking technologies (collectively, "Tracking Technologies") to operate the Site, measure performance, and deliver relevant advertising. These Tracking Technologies may be operated by AWF or by third-party partners, including Google (Google Analytics, Google Ads) and Meta Platforms (Meta Pixel / Meta Conversions API).
By using the Site, you consent to the use of Tracking Technologies as described in our Privacy Policy. Where a cookie consent banner or preference center is presented to you, you may manage your preferences for non-essential Tracking Technologies at that time. Withdrawing consent for non-essential cookies does not affect the lawfulness of any tracking that occurred before your withdrawal.
For full details on what data is collected, who receives it, how long it is retained, and your rights, please review our Privacy Policy.
4. Privacy Policy
Our collection, use, and disclosure of information obtained through the Site is governed by our Privacy Policy, available at www.americanwindowfilm.com/privacy-policy. The Privacy Policy is incorporated into and made a part of these Terms. By using the Site, you acknowledge that you have read and understand the Privacy Policy.
5. Consent to Contact and Electronic Communications (TCPA)
By submitting any form on our Site, including but not limited to a request for a free estimate, a quote request, a voucher redemption, or any other lead or contact form, you expressly consent to receive communications from American Window Film via phone call (including calls using automated dialing technology or pre-recorded messages), email, and SMS text messages for business and marketing purposes.
The following disclosures apply to SMS communications:
- Message frequency varies.
- Message and data rates may apply.
- Consent to receive SMS messages is not a condition of purchasing any goods or services from AWF.
- To opt out of SMS messages at any time, reply STOP to any SMS message you receive from us. You will receive one final confirmation message.
- To request help or more information, reply HELP to any SMS message. You may also contact us at info@awfilm.com or (949) 770-8969.
- For more information on how we handle your information, see our Privacy Policy.
These communications may include enrollment into limited-time promotional email and SMS campaigns. You may opt out of email communications at any time by clicking the unsubscribe link at the bottom of any marketing email. Opting out of marketing communications does not affect transactional or service-related communications necessary to complete a project or service request.
6. Disclaimer of Warranties
Our Site and its content are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
7. Limitation of Liability
To the fullest extent permitted by applicable law, AWF and its members, officers, employees, agents, and contractors shall not be liable for any damages arising out of or related to your use of or inability to use our Site or services, including but not limited to direct, indirect, incidental, punitive, special, and consequential damages, even if AWF has been advised of the possibility of such damages. In any event, AWF's aggregate liability to you for any claims arising out of or related to these Terms or your use of the Site shall not exceed one hundred dollars ($100.00) or the amount you paid AWF in the twelve (12) months preceding the claim, whichever is greater.
8. Links to Third-Party Websites
Our Site may contain links to third-party websites that we do not own or control. We are not responsible for the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party sites you visit.
9. Binding Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A JURY TRIAL.
9.1 Agreement to Arbitrate
Except as provided in Section 9.5 (Exceptions), you and AWF agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or any services provided by AWF, including any claims arising under federal or state statute (including but not limited to claims under the California Invasion of Privacy Act, the Telephone Consumer Protection Act, or any other privacy or consumer protection statute), shall be resolved exclusively through binding individual arbitration. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. section 1 et seq.).
9.2 Arbitration Rules and Procedures
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time the claim is filed, which are available at www.adr.org or by calling 1-800-778-7879. If the AAA is unavailable or unwilling to administer the arbitration, the parties shall mutually agree on an alternative arbitration administrator. The arbitration shall be conducted in Orange County, California, or, at your election, by telephone or videoconference. The arbitrator shall have authority to award any relief that would be available in a court of competent jurisdiction. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
9.3 Fees
The allocation of arbitration fees shall be governed by the AAA Consumer Arbitration Rules. AWF will pay all AAA filing, administration, and arbitrator fees for claims that do not exceed $75,000, unless the arbitrator finds that your claim was frivolous or asserted in bad faith. For claims exceeding $75,000, the AAA rules governing fee allocation apply.
9.4 Class Action and Collective Action Waiver
YOU AND AWF EACH AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. This waiver applies to all claims, including any claims brought under the California Invasion of Privacy Act or similar statutes.
9.5 Exceptions to Arbitration
Notwithstanding the foregoing, either party may:
- Bring an individual claim in small claims court if the claim qualifies under that court's jurisdictional limits;
- Seek emergency or temporary injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration, including relief to protect AWF's intellectual property rights.
This arbitration agreement does not apply to claims that applicable law expressly prohibits from being subject to arbitration.
9.6 Jury Trial Waiver
BY AGREEING TO THESE TERMS, YOU AND AWF EACH WAIVE ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY DISPUTE COVERED BY THIS SECTION 9, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9.7 Opt-Out Right
You may opt out of this arbitration agreement within thirty (30) days of first agreeing to these Terms by sending written notice to:
American Window Film — Arbitration Opt-Out
23042 Mill Creek Dr
Laguna Hills, CA 92653
Email: info@awfilm.com (subject line: "Arbitration Opt-Out")
Your notice must include your full name, mailing address, and email address, and must state that you are opting out of arbitration. Opting out of the arbitration agreement does not affect any other provision of these Terms. If you opt out, any disputes will be resolved in the courts specified in Section 11 (Governing Law). If you do not opt out within the 30-day window, this arbitration agreement will apply to all disputes covered by this Section 9.
9.8 Severability of Arbitration Provisions
If any portion of this Section 9 is found to be unenforceable, the unenforceable portion shall be severed and the remaining arbitration provisions shall continue in full force and effect, except that if the class action waiver in Section 9.4 is found to be unenforceable with respect to a particular claim, the parties agree that the arbitration agreement shall not apply to that claim, and that claim shall proceed in a court of competent jurisdiction.
10. Changes to These Terms
We reserve the right to modify these Terms at any time. We will indicate changes by updating the "Last Updated" date at the top of this page. Material changes, including changes to the arbitration agreement, will be communicated by a prominent notice on the Site or by direct communication where required by law. Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Site.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. To the extent any claim is not subject to arbitration under Section 9, you and AWF consent to the exclusive jurisdiction of the state and federal courts located in Orange County, California, for the resolution of such disputes.
12. General Provisions
12.1 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall continue in full force and effect.
12.2 Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and AWF with respect to your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.
12.3 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without AWF's prior written consent. AWF may assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. Any purported assignment in violation of this section shall be void.
12.4 Waiver
AWF's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any right or provision must be in writing and signed by AWF to be effective.
12.5 Force Majeure
AWF shall not be liable for any failure or delay in performance resulting from causes beyond AWF's reasonable control, including acts of God, natural disasters, pandemics, governmental actions, labor disputes, or failures of third-party internet or infrastructure services.
13. Contact Us
If you have any questions about these Terms of Service, please contact us at:
American Window Film (a trade name of Budget Holdings, LLC)
23042 Mill Creek Dr
Laguna Hills, CA 92653
Phone: (949) 770-8969
Email: info@awfilm.com
Contractor's License #1054307