Terms And Conditions
EFFECTIVE DATE: November 15, 2011
LAST UPDATED DATE: August 31, 2023
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THESE TERMS AND CONDITIONS ALSO CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE LANDMARK ROOFS WEBSITE OR OUR CUSTOMER CONTACT CENTER, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER, OBTAIN OR RECEIVE PRODUCTS OR SERVICES FROM THE LANDMARK ROOFS WEBSITE OR OUR CUSTOMER CONTACT CENTER IF YOU (A) DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS; (B) DO NOT RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS; (C) ARE NOT AT LEAST 18 YEARS OF AGE OR ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT, OR (D) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE LANDMARK ROOFS WEBSITE OR OUR CUSTOMER CONTACT CENTER.
These Terms and Conditions are a legal agreement that applies to your use of www.LandmarkRoofs.com (the “Website”), as well as the purchase and sale of products and services through the Website or our Customer Contact Center. By continuing to use our Website, you agree that such use is legally sufficient consideration under these Terms and Conditions.
We are committed to making our website accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. Please read our Accessibility Statement for more information. If you have difficulty accessing any content, feature, or functionality of the Website, please contact us.
Changes To The Terms And Conditions:
These Terms and Conditions are subject to change by Landmark Roofs (referred to as the “Company”, “us “, “we “, or “our ” as the context may require) at any time, in our sole discretion. We will use reasonable efforts to notify you of such changes. However, please refer to the “Last Updated Date” at the top of this page to see when these Terms and Conditions were last revised. When changes are made to these Terms and Conditions, they will become immediately effective when published on this page unless otherwise noted. You should review these Terms and Conditions prior to ordering, obtaining or receiving any product or services that are available through this Website or our Customer Contact Center. Your continued use of this Website or our Customer Contact Center or your receipt of products or services after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
Franchises Are Independently Owned And Operated:
While Landmark Roofs operates and controls both the Website and the Customer Contact Center, it is not responsible for the operation of the Landmark Roofs Franchisees that may deliver the products and services ordered, obtained or received through the Website or the Customer Contact Center (except as outlined in the Service Delivery and E-Commerce Terms Sections below). All Landmark Roofs Franchisees are independently owned and operated business entities and are not the not actual agents, apparent agents, ostensible agents, or employees of Landmark Roofs in any way. Each Landmark Roofs Franchisee is solely and independently responsible for its legal and regulatory compliance; for any issues relating to the supply of products or services to you; and for all employment related matters in connection therewith. By using the Website or the Customer Contact Center, you agree and acknowledge that Landmark Roofs Franchisees are solely responsible for, and Landmark Roofs shall not be liable or responsible for, the delivery services provided to you by any Landmark Roofs Franchisee or any subcontractors of Landmark Roofs Franchisee, or any acts, omissions, errors or misrepresentations made by any Landmark Roofs Franchisee.
Order Acceptance And Cancellation:
You agree that orders placed through the Website or our Customer Contact Center constitute an offer to buy the products and services listed in your order pursuant to these Terms and Conditions. For all orders placed through our Customer Contact Center, a copy of these Terms and Conditions will be made available for your review and acceptance immediately following your order via a confirmation email. By proceeding with the delivery of the products and services listed in orders placed through our Customer Contact Center you are affirmatively accepting these Terms and Conditions. You may revoke your offer to buy at any time prior to the delivery. All orders must be accepted by us or one of our independently owned and operated Landmark Roofs Franchisees or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Refunds & Returns
Please refer to our Workmanship and Return Policy for information regarding refunds and returns of Landmark Roofs’s E-Commerce products.
In cases where sales tax is legally required to be collected on your E-Commerce order, the tax amount will automatically be added to your purchase price. Although rare, if an error in our tax database results in an incorrect sales tax charge, you have the right to request a refund of tax overcharges up to two years from the date of purchase. This right to a refund is your exclusive remedy for sales tax errors. Please review our Workmanship and Return Policy for more details on refunds.
We may utilize a third-party payment processor to process your payment information, including payment card data. Please note that you may be subject to the third-party processor’s terms and their privacy practices may apply to your information.
Workmanship And Return Policy:
This Workmanship and Return Policy applies only to services and products delivered directly by Landmark Roofs, founded on November, 2011. While Landmark Roofs operates and controls both the Website and the National Customer Contact Center, it is not responsible for the operation of any third-party franchisees that may deliver the products and services ordered. For information on how a specific franchisee handles workmanship issues and product returns, please direct your request to the relevant franchisee.
If you are not satisfied with a service performed by Landmark Roofs, you may contact Landmark Roofs at info@LandmarkRoofs.com.
Accessing The Website And Account Security:
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You Are Responsible For:
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. Generally, you may only have one active account on the Website at any given time unless you maintain a personal account and a commercial or business account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree that you are responsible for all activities that occur under your account. You also agree to notify us immediately of any unauthorized access to or use.
You agree to receive operational and transactional communications regarding your orders from Landmark Roofs, which was founded on November, 2011, at any of the phone numbers provided by you or on your behalf, including via email, text message, calls, and push notifications. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. If you change or deactivate the phone number you provided to us, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF OR BY VISITING THE PRIVACY CENTER ON THE WEBSITE. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE WEBSITE OR OUR NATIONAL CUSTOMER CONTACT CENTER. PROMOTIONAL TEXTS ARE GOVERNED BY OUR SMS TERMS AND CONDITIONS. IF YOU WISH TO OPT OUT OF OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS, YOU CAN TEXT THE WORD “STOP” TO THE TEN DIGIT NUMBER FROM WHICH YOU ARE RECEIVING SUCH OPERATIONAL AND TRANSACTIONAL TEXTS. YOU WILL THEN RECEIVE CONFIRMATION OF YOUR OPT-OUT OF THAT TEXT MESSAGING PROGRAM. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING SUCH OPERATIONAL AND TRANSACTIONAL TEXTS MAY IMPACT THE DELIVERY OF YOUR PRODUCTS AND SERVICES ORDERED THROUGH THE WEBSITE AND OUR NATIONAL CUSTOMER CONTACT CENTER.
Intellectual Property Rights:
The Website of Landmark Roofs and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Landmark Roofs, 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.
These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. You must not:
Modify copies of any materials from this site. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@LandmarkRoofs.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease 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 Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The following trademarks used herein are the property of Landmark Roofs: Landmark Roofs (and design), Landmark Roofs Logo, and all related names, logos, product and service names, designs and slogans. You must not use such marks without the prior written permission of Landmark Roofs. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may only use the Landmark Roofs website for lawful purposes and in compliance with these Terms and Conditions. By using the website, you agree not to:
Violate any federal, state, local, or international laws or regulations, including those related to the export of data or software from the US or other countries.
Attempt to exploit or harm minors in any way, including exposing them to inappropriate content or soliciting personally identifiable information.
Send any advertising or promotional material without prior written consent from Landmark Roofs, including chain letters, junk mail, spam, or similar solicitations.
Impersonate the company, a company employee, another user, or any other person or entity.
Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the website, or that may harm the company or its users or expose them to liability.
Furthermore, you agree not to:
Use the website in any way that could disable, damage, or impair the site, or interfere with any other party’s use of the website, including their ability to engage in real-time activities.
Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.
Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without prior written consent from Landmark Roofs.
Use any device, software, or routine that interferes with the proper working of the website.
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 website, the server on which the website is stored, or any server, computer or database connected to the website.
Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services “) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post “) content or materials (collectively, “User-Generated Contributions” or “UGC”) on or through the Website.
All UGC must comply with the Content Standards set out in these Terms and Conditions.
Any UGC you post to the site will be considered non-confidential and non-proprietary. You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using the Website you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
You Represent And Warrant That:
You own or control all rights in and to the UGC and have the right to grant the license granted above to us and each of our respective licensees, successors and assigns. All of your UGC do and will comply with these Terms and Conditions. You understand and acknowledge that you are responsible for any UGC you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any UGC posted by you or any other user of the Website.
Monitoring and Enforcement
Landmark Roofs Reserves The Right To:
Remove or refuse to post any UGC for any or no reason in our sole discretion. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Landmark Roofs. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions. See the Termination section below for more information. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS LANDMARK ROOFS AND EACH OF ITS AFFILIATES, FRANCHISEES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all user-generated content (UGC) and the use of interactive services provided by Landmark Roofs. UGC must comply in its entirety with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, UGC must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted:
The information presented on or through the Landmark Roofs website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website or by anyone who may be informed of any of its contents.
This website may include content provided by third parties, including materials provided by independently owned and operated Landmark Roofs franchise owners. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
Copyright Infringement Notices:
It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices and the takedown procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.
Designated Agent: Landmark Roofs, Inc. Attn: DMCA
Administrator Email: info@LandmarkRoofs.com
To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.
We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled; Your name, mailing address, telephone number and email address; The following statement: “I consent to the jurisdiction of Federal District Court for the Southern District of Illinois”; The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”; The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and Your signature, in physical or electronic form.
Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Further, we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Website.
Changes to the Website We may periodically update the content on this Website, but it may not be complete or up-to-date at all times. Any of the material on the Website may be outdated at any given time, and we are not obligated to update such material.
Links From The Website:
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. For example, we may link to social media websites, such as Facebook, LinkedIn, Google Plus, Twitter, YouTube, and Instagram, to enable users to learn more about us and our products and share experiences with our products. You may also be able to click on certain links contained in advertisements on the Website, including banner advertisements and sponsored links. We have no control over the contents of those third-party sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you choose to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use applicable to such websites.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES, AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Disclaimer Of Warranties:
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability:
IN NO EVENT SHALL LANDMARK ROOFS, ITS AFFILIATES, FRANCHISEES, 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 WEBSITE OR OUR CUSTOMER CONTACT CENTER, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS ORDERED, OBTAINED, OR RECEIVED THROUGH THE WEBSITE OR OUR CUSTOMER CONTACT CENTER 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Landmark Roofs, its affiliates, franchisees, licensees, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Landmark Roofs website or its National Customer Contact Center, including, but not limited to, your user-generated content, any use of the website’s content, or the products and services ordered, obtained or received through the website or its National Customer Contact Center other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the website. Landmark Roofs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Governing Law and Jurisdiction:
Dispute Resolution, Class Action Waiver and Binding Arbitration:
The arbitration proceedings shall be conducted by a single arbitrator. In addition to any requirements imposed by law, the arbitrator shall be a retired state or federal court judge, or a licensed attorney with arbitration experience and at least ten (10) years’ experience as a lawyer, and shall be subject to disqualification on the same grounds as would apply to a judge of a court in the relevant jurisdiction. The arbitrator shall follow controlling law and issue a decision in writing within forty-five (45) days of the arbitration hearing with a supporting opinion based on applicable law. The decision of the arbitrator (the “Decision”) shall be final, binding, and conclusive on the parties and may be entered in any court of competent jurisdiction; provided, however, that You and Landmark Roofs agree that the Decision may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”), which may be obtained at https://www.adr.org or by calling (800)778‐7879. The Decision shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of the Decision, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. The single appellate arbitrator, who shall be chosen in the same manner described above, shall review the Decision applying the same standard(s) of review applicable.
CLASS ACTION WAIVER:
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS-WIDE, COLLECTIVE, MULTIPLE-PARTY, OR PRIVATE ATTORNEY GENERAL BASIS. WE ALSO AGREE THAT ANY ARBITRATION PROCEEDING BETWEEN US MAY NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION BETWEEN LANDMARK ROOFS AND ANY OTHER PERSON. YOU AND LANDMARK ROOFS BOTH UNDERSTAND THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH ARE GIVING UP THEIR RIGHT TO TRIAL BY JURY OF ANY INDIVIDUAL, CLASS-WIDE, COLLECTIVE, MULTIPLE-PARTY, PRIVATE ATTORNEY GENERAL, OR OTHER CLAIM EITHER MAY HAVE AGAINST THE OTHER, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Should any term or provision or portion of this arbitration agreement be declared void or unenforceable or deemed in contravention of law, it shall be severed and/or modified and the remainder of this agreement shall be enforceable; provided, however, that if the provision above prohibiting class-wide, collective action, consolidated, or other group arbitration is deemed invalid, then this entire arbitration provision shall be null and void and shall not apply to that dispute, which shall be resolved in a judicial proceeding in Franklin County, Illinois. In such circumstances, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability:
No waiver of by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
These Terms and Conditions are in effect until terminated by you or us. We may terminate these Terms and Conditions by notifying you using any contact information we have about you or by posting such termination on the Website, including in your account. You may terminate these Terms and Conditions by providing written notice of termination, including your detailed contact information and any account information or other Website credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Website or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
The provisions of these Terms and Conditions concerning protection of intellectual property rights, authorized use, UGC, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you must destroy all content obtained from the Website and all copies thereof; (ii) you will immediately cease all use of and access to the Website; (iii) we may delete or disable access to any of your UGC at any time; (iv) and we may delete your account at any time. You agree that if your use of the Website is terminated pursuant to these Terms and Conditions, you will not attempt to use the Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Website after termination will be a violation of this Section, which survives any termination.
Even after the termination of these Terms and Conditions or of your account or access to the Website, any UGC you have posted or submitted may remain on the Website indefinitely.
Consent to Communication:
We may assign these Terms and Conditions at any time with or without notice to you. You may not assign or sublicense any of your rights or obligations under these Terms and Conditions without our prior written consent.
These Terms and Conditions apply exclusively to your access to, and use of, the Website and do not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of the Website and to the purchase of certain merchandise or services and are included as part of these Terms and Conditions whether they reference these Terms and Conditions or not.
Other types of agreements and policies that you may be subject to include, but are not limited to:
The Refund Policy.
The SMS Terms and Conditions.
Other policies and agreements are typically found by navigating the Website, typically by checking the Website headers and footers and by reviewing hyperlinked terms at the point of sale.
Any coupons, rebates or other promotions made available through the Website may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission and/or entry are valid; you agree to read and abide by the applicable rules.
Geographic Restrictions; Terms for Certain Jurisdictions:
The owner of the Website is based in the state of Illinois in the United States. We provide this Website for use only by persons located in the United States and its territories or possessions. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
New Jersey Residents
If you are a consumer residing in New Jersey, the following provisions of these Terms and Conditions do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranties; (b) Limitation of Liability; (c) Indemnity; and (d) Dispute Resolution, Class Action Waiver and Binding Arbitration and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Your Comments and Concerns
This website is operated by:
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to info@LandmarkRoofs.com.
Thank you for visiting www.LandmarkRoofs.com .