Last Updated: March 5, 2025

Welcome to Local-Gutters.com (“Website”), a website owned and operated by ClickPoint Software (“Company,” “we,” “our,” or “us”). By accessing or using this Website and the services offered through it (“Services”), you agree to be bound by the following Terms of Use Agreement (“Agreement”). If you do not agree to these Terms, please do not use the Website.

1. Acceptance of Terms

By using our Website, you acknowledge that you have read, understand, and agree to abide by these Terms and our Privacy Policy, which is incorporated herein by reference. We may modify these Terms at any time, and such modifications shall be effective upon posting. Your continued use of the Website after such changes constitutes acceptance of the revised Terms.

2. Eligibility

This Website and its Services are intended for individuals at least 18 years old and residing in the United States. By using this Website, you affirm that you meet these criteria.

3. Services Provided

Local-Gutters.com is a lead generation service that connects consumers with independent gutter service providers (“Providers”). We do not provide direct gutter installation, repair, or maintenance services. The Providers are solely responsible for their services, pricing, and any agreements they make with you.

4. Use of Website

You agree to use the Website only for lawful purposes and in compliance with all applicable laws. Prohibited activities include, but are not limited to:

  • Submitting false or misleading information.
  • Interfering with the Website’s functionality.
  • Copying, reproducing, or distributing Website content without permission.
  • Using the Website for any commercial solicitation without authorization.

5. Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your personal information. By using this Website, you agree to the terms of our Privacy Policy.

6. Consent to Electronic Communications

Using the Website, you consent to receive communications from us electronically, including emails, text messages, and other electronic notifications. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. If you wish to opt out of electronic communications, you may do so by following the instructions in our Privacy Policy.

7. Third-Party Providers and Services

We do not endorse or guarantee any Provider’s services. Any interactions, transactions, or disputes between you and a Provider are solely your responsibility. We are not liable for any issues that arise from your use of a Provider’s services.

8. Disclaimers and Limitation of Liability

  • The Website and Services are provided “as is” without warranties.
  • We do not guarantee the quality, reliability, or availability of any Providers or services.
  • To the fullest extent permitted by law, ClickPoint Software shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the Website or Services.

9. Indemnification

You agree to indemnify and hold ClickPoint Software and its affiliates harmless from any claims, damages, losses, or liabilities arising from your use of the Website or interactions with Providers.

10. Mandatory Agreement to Arbitrate on an Individual Basis

PLEASE READ THIS SECTION CAREFULLY – THIS ARBITRATION AGREEMENT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY LAW OR TO FILE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION SUBJECT TO THE LIMITED EXCLUSIONS BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY.

Most concerns can be resolved by contacting our legal department at legal@clickpointsoftware.com. If our legal department cannot resolve a complaint to your satisfaction, this section explains how any Dispute (as defined below) will be resolved through arbitration.

Scope of Arbitration Agreement

You and ClickPoint Software agree that any dispute (“Dispute”) arising under or related to these Terms, including your use of the Website or Services, shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will be conducted in Phoenix, Arizona, or at another mutually agreed location.

Disputes will be arbitrated on an individual basis. You may not bring claims as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may only award relief to the individual party seeking relief and only to the extent necessary to provide that relief.

Either party may bring an individual claim in small claims court if the claim is within that court’s jurisdiction. This arbitration agreement does not prevent you from reporting allegations to federal, state, or local agencies.

Pre-Arbitration Informal Dispute Resolution

Before initiating arbitration, you must send a written notice describing your claim in detail to ClickPoint Software, 4646 E. Greenway Rd. Suite 112, Phoenix, AZ 85032, Attn: Legal Department. You must allow us 60 days to attempt to resolve the claim informally.

Waiver of Jury Trial and Class Action

YOU AND CLICKPOINT SOFTWARE WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, all claims and disputes must be arbitrated individually and may not be consolidated with other proceedings.

Severability

The remainder shall remain in full force and effect if any portion of this arbitration agreement is unenforceable.

11. Governing Law

This Agreement shall be governed by the laws of the State of Arizona without regard to its conflict of law principles.

12. Changes to Terms

We may modify these Terms at any time. Your continued use of the Website constitutes your acceptance of any updates.

13. Contact Information

For questions regarding this Agreement, contact us at support@local-gutters.com or visit us at:

ClickPoint Software
4646 E. Greenway Rd. Suite 112
Phoenix, AZ 85032
Phone: 1-866-372-9431