Terms of Use
IMPORTANT NOTICE. These Terms are a binding agreement. They include an arbitration agreement and class action waiver in Sections 24 and 25, a jury trial waiver in Section 27, a limitation of liability in Section 22, consent to telephone calls, text messages, and email in Sections 14 and 15, and consent to website tracking technologies in Section 17. Please read them carefully.
1. Agreement to These Terms
1.1 Acceptance. These Terms of Use (the “Terms”) are a binding agreement between you and Long Range Roofing, an assumed name of a Texas limited liability company (“Long Range Roofing,” the “Company,” “we,” “us,” or “our”). They govern access to and use of the website at longrangeroofing.com and every page, form, and related service the Company operates on that domain (together, the “Site”). You accept these Terms by accessing or browsing the Site, submitting a request form, clicking an acceptance control, or otherwise using the Site. If you do not agree, do not use the Site.
1.2 Authority. If you submit a request for a property you do not own, you represent that the owner authorized you to request the estimate. If you lack that authority, do not submit a request.
1.3 How Acceptance Occurs. These Terms apply to you as a browsewrap when you use the Site. Where the Site presents a form or cookie control with a link to these Terms, your submission or selection is also a clickwrap acceptance. You agree that your electronic acceptance is a signature, and that our records of the acceptance, including the date, time, IP address, form version, and the text shown, are evidence of it.
1.4 Consent to Contact Is Separate. The consent checkbox on our forms that authorizes calls, texts, and email is a separate consent. It is not a condition of purchase. You may contact us by email at info@longrangeroofing.com without submitting a form. Section 14 describes that consent. Accepting these Terms is not itself consent to receive marketing calls or texts.
1.5 Related Documents. The Privacy Policy and the Accessibility Statement are related documents and are incorporated into these Terms.
1.6 What Is Not Part of These Terms. Advertising copy, social media posts, marketing emails, cookie banner text, and statements by our personnel do not amend these Terms. A change to these Terms is effective only as Section 3 provides or in a writing signed by the Company’s Sole Member.
1.7 Other Brands and Sites. The Company may operate other websites under other names. Each has its own terms and privacy policy. These Terms apply only to the Site.
2. Definitions
Capitalized terms have the meanings given here or where first used. The word “including” means including without limitation.
(a) “Affiliate” means an entity that controls, is controlled by, or is under common control with a party.
(b) “Agreement” means these Terms, the Privacy Policy, and the Accessibility Statement, together.
(c) “Company” has the meaning given in Section 1.1.
(d) “Dispute” has the meaning in Section 24.2.
(e) “Homeowner Information” means the contact details, property address, answers, and consent record you submit through the Site.
(f) “Local Company” means the independent local roofing company we send your request to.
(g) “Personal Information” means information that identifies, relates to, or is reasonably linkable to an individual, and includes “personal data” as defined by an applicable privacy law.
(h) “Site Content” means text, graphics, logos, trade names, forms, page designs, compilations, software, and other materials on the Site, whether owned by the Company or licensed to it.
(i) “Submission” means information or material you submit to the Site, including through a form, email, or chat.
(j) “Third Party Services” means services provided by others that the Site uses or links to, as described in Section 8.
(k) “User” means any person or entity that accesses or uses the Site.
3. Changes; Availability
3.1 Changes to the Terms. We may modify these Terms at any time by posting a revised version on the Site with a new Effective Date. If we consider a change material, we will give additional notice, such as a notice on the Site or an email to the address you gave us. Your continued use after the Effective Date of a revision is acceptance of it. If you do not agree, your only remedy is to stop using the Site. A revision does not apply to a Dispute that was already pending when the revision was posted, and it does not change Sections 24 through 27 retroactively for a Dispute that arose before the revision.
3.2 Changes to the Site. We may change, suspend, or discontinue any part of the Site, including any feature, schedule, tool, or integration, at any time, with or without notice. We have no duty to keep any page or to keep any record beyond what the Privacy Policy and the law require.
3.3 Service Availability. We offer services only in the states, areas, and trades we choose to serve, and we may add, limit, or stop service anywhere at any time. We do not offer services in California or Connecticut. Do not submit a request for a property in California or Connecticut. Not offering service in a place is a business decision and is not a statement about the law of that place.
3.4 United States Only. The Site is directed to people in the United States. We make no promise that the Site, its content, or our services are appropriate or lawful outside the United States, and we do not offer them there.
4. Eligibility, Sanctions, and Accuracy
4.1 Age. You must be at least 18 years old to use the Site or submit a request. The Site is not directed to children, and we do not knowingly collect Personal Information from anyone under 18.
4.2 Sanctions and Export. You represent that you are not located in, and are not a resident or national of, a country or territory subject to comprehensive United States sanctions, and that you are not on the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or any similar restricted party list. You will not use the Site in violation of United States export control or sanctions laws.
4.3 Accuracy. You represent that information you give us is true, accurate, and complete, and that you will keep it current. You will not impersonate any person, misstate your identity or affiliation, or submit information about another person without authority. We may rely on the information you give us to check your request, send it to a Local Company, and contact you.
4.4 Your Telephone Numbers and Email Addresses. You represent that each telephone number and email address you give us is yours, or that you are authorized by the subscriber or account holder to give it, and that you will tell us promptly if a number or address changes or is reassigned. If you give us a number you do not control, you are responsible for resulting claims to the extent the law allows.
5. About the Company; No Professional Advice
5.1 What We Do. Long Range Roofing connects you with one local roofing company, who provides your free estimate. We don’t do the roofing work. When you submit a request, we check it against our standards and send it to one Local Company that serves your area. The Local Company pays us for your request. The service is free to you.
5.2 What We Do Not Do. We do not perform, supervise, arrange, warrant, or guarantee any roofing or other contracting work. We are not a contractor or a broker of construction services, and we do not guarantee any Local Company, its work, its prices, or its licenses. A Local Company is solely responsible for its calls, texts, estimates, pricing, licensing, insurance, work, and dealings with you. We do not adjust, negotiate, or help with insurance claims, and we do not offer to pay, waive, rebate, or absorb any insurance deductible. Your insurer decides whether your damage is covered.
5.3 No Professional Advice. Site Content is general information. It is not legal, insurance, financial, construction, engineering, or other professional advice, and it is not an inspection of your property. It is not an offer you can accept by clicking. No professional or fiduciary relationship arises from your use of the Site or from correspondence with us.
5.4 Information May Change. Descriptions of our service, service areas, and availability may be incomplete or change.
6. Your Request and the Local Company
6.1 Requests. Submitting a request does not create a contract between you and any Local Company. We may decline to deliver a request, for example if it does not pass our checks or no Local Company serves your area, and we do not guarantee that a Local Company will contact you.
6.2 Free to You. We do not charge you for using the Site or for sending your request. The Local Company pays us for each request we send it. You do not pay us anything.
6.3 Free Estimate, No Obligation. The Local Company agrees with us to give you the estimate you requested free of charge and with no obligation to hire it. “Free estimate” means the Local Company will not charge you to inspect and provide the estimate you requested. It does not require the Local Company to do work, provide an engineering report, or match a price. Any price, contract, or work after the estimate is between you and the Local Company.
6.4 Independent Companies. Local Companies are independent businesses. They set their own prices and terms, and they are not our employees, agents, or partners. We do not guarantee their work, their prices, or their licenses or insurance. Before you hire any company, check its licenses, insurance, and references.
6.5 Your Dealings with the Local Company. Your dealings with a Local Company, including any contract, payment, warranty, or dispute, are solely between you and that company. Tell us at info@longrangeroofing.com if a Local Company treats you unfairly. We may use that information to decide whether to keep sending it requests.
7. How the Local Company Contacts You
7.1 Contact About Your Request. After we send your request, the Local Company may call, text, or email you about your free estimate, as your consent allows. The Local Company is responsible for its own calls, texts, and emails.
7.2 If You Change Your Mind. If you no longer want to be contacted, tell the Local Company directly. You may also reply STOP to any of our texts or email info@longrangeroofing.com. We cannot recall a request we have already delivered.
8. Third Party Services and Links
8.1 Services We Use. The Site uses Third Party Services, including GoHighLevel (LeadConnector) for customer relationship management, forms, email, text messaging, and workflows, including the address search box on our form; Twilio for phone number validity checks and text messaging services; Google for business email and for the address suggestions on our form, which Google provides through the GoHighLevel form; Cloudflare for hosting, security, website analytics, and bot protection, including Cloudflare Turnstile on forms, and a lead router hosted on Cloudflare that stores and routes your request; and advertising platforms including Meta (Facebook and Instagram), Google (including Google Ads and YouTube), and OpenAI (ChatGPT ads). We may add, remove, or replace a service at any time.
8.2 Their Terms Apply. Third Party Services have their own terms and privacy practices, which apply when you use them. We do not control them and are not responsible for their content, availability, accuracy, or accessibility. We do not warrant them.
8.3 Links and Embeds. The Site may link to or embed websites and content we do not control. A link or embed is not an endorsement. If an embed or tool loads, its provider may receive your IP address, device data, or cookie identifiers under its own terms.
9. License and Reservation of Rights
9.1 Limited License. Subject to your compliance with the Agreement, we grant you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access the Site and to view Site Content for your own personal use in requesting an estimate. This license is personal to you. It is not a sale. It does not include a right to reproduce, publicly display, distribute, adapt, or create derivative works from Site Content, or to use it commercially.
9.2 Reserved Rights. All rights not expressly granted are reserved by the Company and its licensors. No license arises by implication, estoppel, exhaustion, or because a page is publicly viewable. A robots.txt permission for a search engine crawler is not a license to scrape or to train a model.
9.3 Revocation. We may revoke the license at any time if you breach the Agreement. It ends automatically if you breach Section 11.
10. Ownership and Intellectual Property
10.1 Ownership. The Company and its licensors own the Site and Site Content, including the selection, arrangement, and compilation of content, and all copyrights, trademark rights, trade secrets, and other intellectual property rights in them. This includes the Company’s ad creative, forms, consent records, and workflows.
10.2 Marks. Names and logos on the Site are marks of the Company or its licensors. You may not use them except for an accurate factual reference that does not imply sponsorship, affiliation, or endorsement, or with our prior written permission. You will not register or use a domain name, social media handle, or search keyword that is confusingly similar to our marks. The Company does not claim a registered mark unless a registration has issued.
10.3 Copyright and Rights Management Information. Site Content is protected by the United States Copyright Act, 17 U.S.C. Section 101 and following. Removing or altering a copyright notice, credit, watermark, or similar rights management information is prohibited by these Terms and may also be actionable under 17 U.S.C. Section 1202. A false statement that the Company authorized, sponsored, or endorsed a use may be actionable under Section 43(a) of the Lanham Act, 15 U.S.C. Section 1125(a). We reserve all claims.
10.4 Third Party Material. Marks, names, and materials of other parties on the Site belong to them. Their appearance is not a license to you.
11. Acceptable Use
11.1 Prohibited Conduct. You will not, and will not permit or assist anyone to, do any of the following:
(a) access, copy, monitor, index, query, or extract the Site or Site Content by robot, spider, scraper, crawler, bot, script, browser extension, headless browser, or other automated means, except ordinary public search engine indexing that honors robots.txt and does not impair the Site;
(b) circumvent, disable, probe, or reverse engineer a rate limit, access control, authentication step, bot check, Cloudflare control, Turnstile challenge, or other technical measure;
(c) access or try to access a nonpublic area of the Site, another person’s account, or a system of the Company or its vendors, or use a credential you are not authorized to use, and you acknowledge that we do not authorize that access for purposes of the Computer Fraud and Abuse Act, 18 U.S.C. Section 1030, or any similar state law;
(d) copy, frame, mirror, cache, or republish the Site or a substantial part of it, or collect Site Content by repeated queries that substitute for a bulk download;
(e) use Site Content to build, populate, or improve a competing product, directory, database, or lead service;
(f) use Site Content to train, fine tune, evaluate, benchmark, retrieve against, or ground a machine learning, large language, or generative artificial intelligence system, or to create embeddings, synthetic data, or a dataset for that purpose;
(g) submit false, misleading, or incomplete information, or submit a form to obtain information about our methods, pricing, or customers for a competing purpose;
(h) submit a request through automated means, a purchased list, or a bot, or submit information about a person who has not authorized it;
(i) resell, share, or reuse Homeowner Information or our methods in violation of the Agreement;
(j) use the Site to send unsolicited commercial email, texts, or calls, or to harvest or sell Personal Information of other Users, in violation of the CAN-SPAM Act, 15 U.S.C. Section 7701 and following, the Telephone Consumer Protection Act, 47 U.S.C. Section 227, or any similar law;
(k) upload or transmit malicious code, interfere with the integrity or performance of the Site, impose an unreasonable load, or launch a denial of service attack;
(l) perform vulnerability scanning, penetration testing, or security research on the Site except under a written authorization signed by the Company that names the scope and time window;
(m) impersonate the Company, any other brand it operates, or any person, or claim an affiliation with us that you do not have;
(n) state or imply that the Company authorized, sponsored, or endorsed you or your use, except as a signed writing provides; or
(o) use the Site to violate any law or the privacy, publicity, intellectual property, or other rights of any person.
11.2 Remedies. Each prohibition is an independent covenant, and a violation is a material breach. A willful or repeated violation, or one carried out by an automated agent, may result in immediate suspension, a demand that you delete copies and confirm deletion in writing, and an application for injunctive relief under Section 24.8. You agree that a breach of Section 11.1(a) through (f) or (i) threatens irreparable harm for which money damages are an inadequate remedy, and that we may seek injunctive relief without proving actual damages and, to the extent a court allows, without posting a bond. Our decision not to act on one incident is not a waiver of a later incident. A waiver must be in a writing signed by the Company’s Sole Member and applies only to the breach it identifies.
11.3 Investigation. We may investigate suspected violations, preserve logs and account records, remove content, block access, and cooperate with law enforcement and regulators. Preservation is for legal claims purposes under the Privacy Policy.
12. Your Submissions and Feedback
12.1 Your Representations. If you make a Submission, you represent that you have the right to submit it, that it is accurate to your knowledge, that it does not violate any right of any person or any law, and that it contains no malware.
12.2 License to Us. You grant the Company a nonexclusive, royalty free, worldwide, sublicensable license to host, reproduce, display, and use a Submission to check your request, send it to a Local Company, provide and support our services, operate the Site, and exercise and defend our rights. You retain ownership. We do not publish your name or testimonial without your written permission.
12.3 Feedback. If you send ideas or suggestions about the Site or our services, you assign them to the Company without a duty of confidentiality or compensation, and we may use them for any purpose. Do not send information you consider a trade secret.
12.4 Sensitive Information. Do not submit Social Security numbers, financial account numbers, health information, or other sensitive Personal Information through the Site. If you do, you consent to our handling it as the Privacy Policy describes, and we may delete it.
13. Copyright Complaints
13.1 Notices. We respond to notices of claimed copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3). A notice must include a physical or electronic signature of a person authorized to act for the owner; identification of the copyrighted work; identification of the material claimed to infringe, with information reasonably sufficient to locate it; your name, address, telephone number, and email address; a statement that you have a good faith belief the use is not authorized by the owner, its agent, or the law; and a statement under penalty of perjury that the notice is accurate and that you are authorized to act for the owner.
13.2 Where to Send. Send notices and counter notices to legal@longrangeroofing.com. A counter notice must comply with 17 U.S.C. Section 512(g)(3). We may remove or disable access to material on receipt of a substantially compliant notice, and we may end access of repeat infringers in appropriate circumstances. Sending a notice to this address is not a representation that a designation of agent is on file with the United States Copyright Office.
14. Consent to Calls, Texts, and Email
14.1 The Consent You Give. On our request form, the consent checkbox reads: “By checking this box, I agree that Long Range Roofing and one local roofing company may contact me by call, text and email about my request to get a free estimate, including automated messages. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply. Reply STOP to opt out. See our Privacy Policy.” If you check that box, you give Long Range Roofing and one Local Company your express written consent, by electronic signature, to contact you at the telephone number and email address you provided, by call, text, and email, about your request, using automated technology, including automated dialing, automated or pre scripted text messages, and similar systems. Long Range Roofing currently contacts you only by text and email.
14.2 Not a Condition of Purchase. Consent to receive automated calls or texts is not a condition of purchase. If you do not want automated messages, do not submit the form. Email info@longrangeroofing.com and we will discuss another way to proceed.
14.3 Your Numbers. You represent that you are the subscriber or customary user of each number you give us, or that the subscriber authorized you to give it. You will tell us promptly at info@longrangeroofing.com if the number changes, is disconnected, or is reassigned. Your consent applies to the number you gave us and does not extend to any other person who later receives that number.
14.4 Revoking Consent. You may revoke consent at any time by any reasonable method. Reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any text message. You may also tell us during a call, or email info@longrangeroofing.com, privacy@longrangeroofing.com, or legal@longrangeroofing.com. We will honor a revocation as soon as practicable and no later than 10 business days after we receive it. When you revoke, we will stop our automated texts to that number, and we may send one text confirming your request. Revoking consent with us does not recall a request we already delivered. To stop contact from the Local Company, tell that company directly.
14.5 Calls From Us. Long Range Roofing does not currently place telephone calls to homeowners. If we begin, we will call only about your request, under the consent in Section 14.1, and we will update these Terms first. The Local Company may call you about your request under your consent. Nothing in these Terms is a representation that the Company holds a Texas telephone solicitation registration certificate.
14.6 Timing. We follow federal and state limits on the hours in which telephone solicitations and texts may be made.
14.7 Email. We email you only about your request and do not send you marketing emails. If that changes, those emails will include a way to unsubscribe, and we will process an unsubscribe request within the period the CAN-SPAM Act allows. You may also email privacy@longrangeroofing.com.
14.8 Call Recording and Monitoring. The Company does not currently record or monitor telephone calls. If that changes, we will tell the other party at the start of the call.
14.9 Consent Records. We keep the consent text shown to you, a timestamp, the IP address, the page address, and the form version for four years after your request. You agree that those records are evidence of your consent and of the consent language you saw.
14.10 The Local Company’s Communications. A Local Company is solely responsible for its own calls, texts, and emails to you and for compliance with the Telephone Consumer Protection Act, the Telemarketing Sales Rule, state telemarketing and text messaging laws, and do not call rules. Our agreement with each Local Company requires it to contact you only about your request.
15. Text Message Program Terms
15.1 Program. These terms apply to text messages Long Range Roofing sends to people who submit a request through the Site, about their request. You enroll by checking the consent checkbox on the request form and submitting the form.
15.2 Frequency and Charges. Message frequency varies with your activity and preferences. Message and data rates may apply. We do not charge for messages, but your carrier may.
15.3 Help and Opt Out. Text HELP to receive help information. Reply STOP to opt out. You may also use any other method in Section 14.4. After you opt out you will receive no further program texts, except one confirmation.
15.4 Carriers. Carriers and the Company are not liable for delayed or undelivered messages. Message delivery depends on your carrier and device.
15.5 Support. For support, email info@longrangeroofing.com.
15.6 Privacy. We do not share your mobile phone number or your text message consent with third parties or affiliates for their marketing or promotional purposes. This does not restrict disclosure to service providers that help us send messages, or our delivery of your request, including your phone number, to the one Local Company you asked to contact you. The Local Company may use your number only to respond to your request. See the Privacy Policy.
16. Electronic Communications and Signatures
16.1 Consent to Electronic Records. You consent to receive disclosures, notices, and records from us in electronic form, including by posting on the Site and by email to the address you provide, under the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 and following, and the Texas Uniform Electronic Transactions Act. You may withdraw consent to electronic notices by emailing info@longrangeroofing.com and stopping use of the Site. Withdrawal does not affect electronic agreements formed before it.
16.2 Electronic Signatures. Your electronic signature, including a checkbox, is as binding as a handwritten signature. You are responsible for keeping a current email address and for checking the Site for revisions.
17. Cookies, Tracking, and Website Communications Consent
17.1 Technologies We Use. The Site uses cookies, pixels, tags, local storage, and similar technologies, including Cloudflare security and bot protection cookies, Cloudflare Web Analytics (which does not use cookies), form and customer relationship management cookies from GoHighLevel, Cloudflare Turnstile on forms, the Meta Pixel and Conversions API, Google tags, and the ChatGPT ads pixel and conversions API used for advertising measurement and audiences, and possibly tags of other advertising platforms later. Our emails may include open and click tracking. Our forms record your IP address, page address, referring page, time zone, consent text, and a timestamp. Form submissions may be reported to advertising platforms such as Meta, Google, and OpenAI for advertising measurement. Those reports and tags may include contact details you submit, such as an email address or phone number, and event data such as the fact that you submitted a form. We do not currently use session recording or session replay tools.
17.2 When Advertising Tags Run. Advertising tags may load when you visit the Site. We honor a valid universal opt out signal, such as Global Privacy Control, automatically, and you may opt out at any time through the “Your Privacy Choices” link in the Site footer. If our systems detect that you are visiting from a state where the law requires consent before communications may be recorded or intercepted, or cannot detect your state, advertising tags load only after you accept the cookie notice. Security and form functions that are necessary to operate the Site may run before you make a choice.
17.3 Your Consent. By continuing to use the Site, and by selecting accept where the Site asks you to, you expressly consent to the Company and to the service providers named in the Privacy Policy that load on the Site receiving, recording, and using the contents of your electronic communications with the Site, and the routing, addressing, and signaling information associated with them, including your IP address, user agent, page interactions, and similar device data, for the purposes the Privacy Policy states. This consent is given to the Company and to those providers. It is intended to be the consent of a party to the communication under the federal Wiretap Act, 18 U.S.C. Section 2511(2)(d), and under any state wiretap, eavesdropping, or pen register and trap and trace statute that applies, including the California Invasion of Privacy Act to the extent it applies. This consent does not extend to any activity not described in the Privacy Policy.
17.4 If You Do Not Consent. If you do not consent, use the “Your Privacy Choices” link in the Site footer, decline where the notice asks you to, use browser controls to block cookies, or send a universal opt out signal. Blocking some technologies may prevent parts of the Site from working. You may email privacy@longrangeroofing.com to ask us to stop advertising related processing of your information.
17.5 Do Not Track. The Site does not respond to a browser Do Not Track signal, other than a universal opt out signal such as Global Privacy Control as the Privacy Policy states.
18. Privacy
18.1 Privacy Policy. The Privacy Policy describes how we collect, use, disclose, and retain Personal Information, the rights you may have under the Texas Data Privacy and Security Act, Texas Business and Commerce Code Chapter 541, and under the privacy laws of other states, and how to exercise them. It is incorporated into these Terms.
18.2 Sale and Targeted Advertising. Our use of advertising tags and reports, and our delivery of your request to a Local Company that pays us for it, may be treated as targeted advertising, the sale of personal data, or sharing under some privacy laws. When you submit a request for an estimate, you ask us to send it to one Local Company, so you cannot opt out of that delivery after you submit it. The Privacy Policy explains how to opt out of advertising tags.
18.3 Accuracy of Descriptions. The Privacy Policy is a description of our practices. It does not make a vendor, a platform, or a carrier responsible for our compliance, and it is not a warranty about the practices of Third Party Services.
19. Accessibility
19.1 Our Accessibility Statement describes our accessibility standard and its current status, including known limitations. We adopted WCAG 2.2 Level AA as our standard and treat WCAG 2.1 Level AA as the floor. We do not claim that the Site is fully conformant. To report a barrier or ask for information in another format, follow the Accessibility Statement. If any statement in these Terms about accessibility is broader than the Accessibility Statement, the Accessibility Statement controls.
20. No Guarantee of Results; Meaning of Marketing Terms
20.1 No Guarantee. Site Content describes our service. It is not a promise that a Local Company will contact you, give you a particular price, or do any work. We do not guarantee any Local Company or the result of any estimate or work.
20.2 Meaning of Descriptive Terms. Terms such as free estimate, no obligation, and one local company have only the meanings stated in these Terms. “One local company” means we send your request to one Local Company. It does not mean other companies will not contact you if you ask them for estimates yourself. “Free estimate, no obligation” means the Local Company gives the estimate you requested free of charge and you do not have to hire it. It does not require the Local Company to do work, provide an engineering report, or match a price.
20.3 Entries Are Self Reported. You are responsible for the accuracy of what you enter. We check your request only as the Privacy Policy describes.
20.4 Testimonials. A testimonial on the Site reflects the views of its author and is not a promise that you will have the same result. If the author received anything of value for it, we disclose that next to the testimonial.
21. Disclaimers
THE SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE FULLEST EXTENT THE LAW ALLOWS, THE COMPANY AND ITS MEMBER, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ITS SERVERS ARE FREE OF HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT ANY THIRD PARTY SERVICE OR ADVERTISING PLATFORM. SOME LAWS DO NOT ALLOW THESE DISCLAIMERS. IN THAT CASE THEY APPLY TO THE FULLEST EXTENT ALLOWED.
22. Limitation of Liability
22.1 Excluded Damages. TO THE FULLEST EXTENT THE LAW ALLOWS, THE COMPANY AND ITS MEMBER, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, AND CONTRACTORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, JOBS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, OR THE COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO THE SITE, SITE CONTENT, A SUBMISSION, A THIRD PARTY SERVICE, OR THESE TERMS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
22.2 Cap. TO THE FULLEST EXTENT THE LAW ALLOWS, THE COMPANY’S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SITE OR THESE TERMS IS LIMITED TO ONE HUNDRED U.S. DOLLARS (USD 100).
22.3 Exceptions. THIS SECTION DOES NOT LIMIT LIABILITY THAT CANNOT BE LIMITED BY LAW. IF A LAW THAT CANNOT BE WAIVED APPLIES TO YOU, THE LIMITS APPLY ONLY TO THE EXTENT THAT LAW ALLOWS.
23. Indemnification
23.1 Your Indemnity. You will defend, indemnify, and hold harmless the Company and its member, managers, employees, agents, and contractors from third party claims, losses, liabilities, damages, judgments, costs, and expenses, including reasonable attorneys’ fees, arising from your Submission, your misuse of the Site, your violation of the Agreement or the law, your violation of any person’s rights, or a telephone number or email address you provided that you were not authorized to provide, except to the extent caused by the Company’s gross negligence or willful misconduct.
23.2 Procedure. We will give you prompt notice of a claim for which we seek indemnity. Late notice relieves you only to the extent you are materially prejudiced. We may participate in the defense with counsel of our choice. You will not settle a claim in a way that admits fault by the Company or imposes a duty on it, other than payment of money you pay in full, without our written consent.
23.3 Consumers. This Section does not apply to the extent a law that cannot be waived protects you as a consumer.
24. Dispute Resolution and Arbitration
24.1 Please Read Carefully. This Section 24 requires most disputes between you and the Company to be resolved by individual binding arbitration instead of in court. Section 25 contains a class action waiver. You may opt out of arbitration as Section 24.10 describes.
24.2 Scope. “Dispute” means any claim or controversy between you and the Company, or between you and the Company’s member, managers, employees, agents, vendors, or service providers acting for the Company, arising out of or relating to the Agreement, the Site, Site Content, a Submission, your communications with us, or the collection, use, or disclosure of Personal Information, whether based in contract, tort, statute, regulation, or any other theory. Dispute includes claims under the Telephone Consumer Protection Act, state telemarketing and text messaging laws, federal and state wiretap, eavesdropping, and pen register laws, federal and state privacy and data protection laws, and consumer protection laws, to the fullest extent the law allows. Dispute includes a claim that arose before you accepted these Terms, and a dispute about the existence, scope, validity, or enforceability of this Section 24. Dispute does not include a claim within Section 24.7 or 24.8.
24.3 Informal Resolution. Before filing a demand for arbitration, you must send a written notice of the Dispute to legal@longrangeroofing.com. The notice must state your name, your contact information, the telephone number or email address at issue, the nature of the Dispute, and the relief you seek. The parties will try in good faith to resolve the Dispute for 30 days after the notice is received. A demand for arbitration may not be filed before that period ends. A limitations period is tolled while the parties follow this Section.
24.4 Federal Arbitration Act; Individual Arbitration. The parties agree that the Agreement involves interstate commerce and that the Federal Arbitration Act, 9 U.S.C. Section 1 and following, governs this Section 24, including its formation, interpretation, and enforcement, notwithstanding any state law to the contrary. Any Dispute not resolved informally will be resolved only by binding arbitration on an individual basis, administered by JAMS under its rules in effect when the demand is filed, as modified by these Terms. The JAMS Streamlined Arbitration Rules apply if the claim is within their limits, and otherwise the JAMS Comprehensive Arbitration Rules apply. JAMS rules are available at jamsadr.com. There will be one arbitrator. The seat and place of arbitration is Travis County, Texas. Hearings may be held by video or telephone if the rules and the arbitrator allow. The language of the arbitration is English. The arbitrator will apply Texas substantive law and the Federal Arbitration Act, will issue a reasoned written award, and may award any individual relief a court could award on an individual claim, including individual injunctive or declaratory relief. Judgment on the award may be entered in any court with jurisdiction.
24.5 Who Decides Arbitrability. The arbitrator decides questions about the scope, validity, and enforceability of this Section 24, except that a court, and not the arbitrator, decides whether the class action waiver in Section 25 is enforceable, whether the mass filing procedures in Section 24.9 apply, and whether a request for relief falls within Section 24.8.
24.6 Fees and Consumer Standards. Each party pays its own attorneys’ fees and costs unless a statute or the JAMS rules require otherwise, or the arbitrator awards fees under a statute that authorizes them. If you are an individual using the Site for personal, family, or household purposes, the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness applies, and the Company will pay the fees and costs that policy requires the business to pay. If the arbitrator finds a claim or defense was frivolous or brought for an improper purpose, the arbitrator may reallocate fees as the rules allow.
24.7 Small Claims Carve Out. Either party may bring an individual claim in small claims court in Travis County, Texas, instead of arbitration, if the claim qualifies for that court and stays in that court.
24.8 Intellectual Property and Injunction Carve Out. Either party may ask a court in Travis County, Texas, for temporary, preliminary, or permanent injunctive or other equitable relief to stop actual or threatened infringement, misappropriation, or misuse of its intellectual property or confidential information, including scraping, bulk extraction, circumvention of a technical measure, removal of rights management information, trademark infringement, and misuse of Homeowner Information. Either party may seek provisional relief in those courts to preserve the status quo pending arbitration. Seeking that relief does not waive arbitration of the merits, of damages, or of any other claim.
24.9 Mass Filing Procedures. If 25 or more demands for arbitration raising substantially similar claims are filed against the Company by individuals represented by the same law firm or by law firms acting in coordination, within any 90 day period, the following procedures apply, and the parties agree that 25 is the number of demands that makes the JAMS Mass Arbitration Procedures and Guidelines, as in effect when the demands are filed, apply to them. First, the demands will be administered in batches of ten, with the batches selected as the parties agree or, if they do not agree, as the administrator decides, and each batch will be assigned to the same arbitrator where practicable. Second, only one batch will proceed at a time. The remaining demands will be stayed, and filing fees for a stayed demand are not due until its batch begins. Third, the parties will use the outcome of each batch in good faith to try to resolve the remaining demands. Fourth, a court in Travis County, Texas, may enforce this Section 24.9, may order demands stayed or sequenced, and limitations periods are tolled for stayed demands. This Section is a procedure for administration. It does not waive the individual nature of each demand and is not consent to a class or collective proceeding.
24.10 30 Day Opt Out. You may opt out of this Section 24 and Section 25, and not out of any other provision of the Agreement, by sending written notice to legal@longrangeroofing.com within 30 days after you first accept these Terms. The notice must include your full name, your postal address, the email address you used with the Site, and a clear statement that you opt out of arbitration. An opt out applies only to the person who sends it. If you opt out, Sections 26 and 27 govern the Dispute. Opting out does not affect any other agreement with us.
24.11 Severability of Arbitration Terms. If a court finds the class action waiver in Section 25 unenforceable as to a claim or form of relief, that claim or relief will proceed in court in Travis County, Texas, under Section 26, and the rest of this Section 24 will still apply to other claims. The class waiver is not severable from a request to arbitrate the same claim on a class basis. The Company does not agree to class arbitration. If any other part of this Section 24 is found unenforceable, it is severed and the rest remains in effect.
24.12 Survival. This Section 24 survives termination of the Agreement and your stopping use of the Site.
25. Class Action Waiver
25.1 Individual Claims Only. TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR ARBITRATION. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY SUCH PROCEEDING.
25.2 No Consolidation. The arbitrator may not consolidate the claims of more than one person except by a writing signed by all parties after a Dispute has arisen, may not preside over a class or representative proceeding, and may award relief only to the named individual party and only to the extent needed for that party’s individual claim. Section 24.9 does not limit this Section.
25.3 Opt Out. If you timely opt out under Section 24.10, this Section 25 does not apply to you in arbitration, and the class waiver continues to apply in court to the extent the law allows.
26. Governing Law and Venue
26.1 Governing Law. Texas law governs the Agreement and any Dispute, without regard to conflict of laws rules that would apply another state’s law. The Federal Arbitration Act governs Section 24 as stated there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
26.2 Court Venue. If a Dispute is not arbitrated, because you opted out, because it falls within Section 24.7 or 24.8, or because a court finds Section 24 does not apply, the state and federal courts located in Travis County, Texas, have exclusive jurisdiction and are the exclusive venue. You and the Company consent to personal jurisdiction in those courts and waive any objection to them as an inconvenient forum.
26.3 Arbitration Seat. The seat of any arbitration under Section 24 is Travis County, Texas. The Company’s notice address is not an election of venue or seat.
26.4 Reasonable Forum. You and the Company agree that Travis County, Texas, is a reasonable forum, including if you access the Site from another state.
26.5 Consumer Protection Law. Nothing in the Agreement waives any right or remedy under the Texas Deceptive Trade Practices Consumer Protection Act, Texas Business and Commerce Code Chapter 17, Subchapter E, or any other law that cannot be waived. The Company is not requesting a waiver under Texas Business and Commerce Code Section 17.42. If a provision would operate as such a waiver, it does not apply to that extent.
26.6 Time Limit. Except for the Company’s claims for infringement, misappropriation, scraping, violation of 17 U.S.C. Section 1202, breach of Section 11, or injunctive relief, a claim arising out of or relating to the Site or the Agreement must be filed within two years after it accrues, or it is barred, unless a law that cannot be changed by contract requires a longer period.
27. Jury Trial Waiver
TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND THE COMPANY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY COURT PROCEEDING ARISING OUT OF OR RELATING TO THE AGREEMENT, THE SITE, OR ANY DISPUTE THAT THE AGREEMENT PERMITS TO BE HEARD IN COURT. YOU ACKNOWLEDGE THAT THIS WAIVER IS A MATERIAL PART OF THE AGREEMENT AND THAT YOU HAVE HAD THE OPPORTUNITY TO CONSULT A LAWYER ABOUT IT.
28. Suspension, Termination, and Survival
28.1 By You. You may stop using the Site at any time.
28.2 By Us. We may suspend or end your access to the Site, in whole or in part, at any time, with or without notice, if we reasonably believe you violated the Agreement or the law, if the law requires it, if we discontinue the Site, or to protect the Site, our vendors, or others.
28.3 Effect. When access ends, the license in Section 9 ends. Ending access does not recall a request we already delivered.
28.4 Survival. Sections 1, 2, 4.3, 4.4, 5, 8.2, 9.2, 10, 11, 12, 13, 14.9, 14.10, 17.3, and 20 through 30 survive, together with any provision that by its nature should survive.
29. Force Majeure
The Company is not liable for a delay or failure caused by events outside its reasonable control, including natural disaster, epidemic, war, terrorism, riot, act of government, fire, flood, labor dispute, shortage of materials or energy, failure of a telecommunications, hosting, payment, security, or advertising platform provider, suspension or restriction of the Company’s advertising or messaging accounts by a platform or carrier, denial of service attack, or a change in law that prohibits performance. The Company will use reasonable efforts to reduce the effect and resume performance.
30. Miscellaneous
30.1 Entire Agreement. The Agreement is the entire agreement between you and the Company about the Site and replaces prior website terms and discussions about it.
30.2 Severability. If a provision is unenforceable, the rest remains in effect, and the unenforceable provision is enforced to the extent the law allows, subject to Section 24.11.
30.3 No Waiver. Not enforcing a provision is not a waiver of it. A waiver is effective only if in a writing signed by the Company and only for the instance it describes.
30.4 Assignment. You may not assign the Agreement, by operation of law or otherwise, without our written consent, and an attempted assignment is void. We may assign it to an Affiliate or to a successor to our business without your consent.
30.5 No Third Party Beneficiaries. There are no third party beneficiaries, except that the Company’s member, managers, employees, and agents benefit from the provisions that limit their liability or require indemnity.
30.6 Independent Parties. The parties are independent. The Agreement creates no partnership, joint venture, agency, fiduciary duty, or employment relationship, and you have no authority to bind the Company.
30.7 Notices. We may give you notice by posting on the Site or by email to the address you provided. Legal notices to the Company, including dispute notices, arbitration opt outs, indemnity notices, and copyright notices, must be sent to legal@longrangeroofing.com. Privacy requests go to privacy@longrangeroofing.com.
30.8 Interpretation. Headings are for convenience. A reference to a law includes its amendments, successor laws, and regulations. The English language version controls over any translation. The Agreement is not construed against the drafter.
30.9 Acknowledgment. You acknowledge that you have read the Agreement and understand the arbitration agreement, the class action waiver, the jury trial waiver, the limitation of liability, the consent to calls, texts, and email, and the consent to tracking technologies, and that you had the opportunity to seek independent legal advice before agreeing.
31. Contact
Long Range Roofing
Legal notices and copyright notices: legal@longrangeroofing.com
Privacy requests and appeals: privacy@longrangeroofing.com
Questions about your request and accessibility requests: info@longrangeroofing.com
Website: https://longrangeroofing.com/