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Welcome to Rooster-Roofing.com (“Website”) hosted and maintained by Rooster Construction, LLC, also known as “Rooster Roofing” (“we,” “us,” “our”). These are our terms and conditions (these “Terms”), which govern use of the Website. You (“you” or “user”) may access this Website in several ways, including, but not limited, to the web, PDAs, mobile phones, and RSS feeds. These Terms apply whenever you access the Website and govern your use of this Website, the Content (defined below) made available to you through this Website and the services and other transactions offered through this Website (with the Content, services and other transactions offered collectively referred to as the “Services”). In addition to complying with these Terms, you agree to comply with all additional terms and conditions governing the access to and use of specific areas of the Website, which are incorporated into and made a part of these Terms. By using this Website and signing up for Services, you agree to be bound by the following Terms.
This Website provides general information about Rooster Roofing and the Services we offer. The information contained in the Website is not an offer to sell or a solicitation of an offer to buy any of the products or Services described here.
Rooster Roofing reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms or this Website at any time, without notice or liability to you. Please check these Terms regularly prior to using our Website to ensure you are aware of any changes. We will endeavor to highlight any significant or substantive changes to you where possible or post the date of the latest revised version of these Terms on the Website. The latest version of these Terms and the Privacy Policy will govern and apply to access and use of the Website and the Services provided. By continuing to access and use the Website once modified, you indicate your assent to the modifications and your agreement to be bound by these Terms and the Privacy Policy, as modified. We may refuse to provide the Services to any person or entity in our sole discretion, and we may cancel the Services offered on our Website with or without cause at any time.
Users agree to use the Website only for lawful purposes and are prohibited from posting on the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene material of any kind. You must use the Website only in accordance with these Terms and any rules, guidelines or policies that may be published on this Website from time to time by us.
You may not use the Website to: (a) reverse engineer or decompile it, or to gain access (or attempt to access) to any area of the Website which you do not have the proper authorization; (b) in a manner that violates any national, state, local or international law, rule or regulation (including laws regarding the export of data or software); (c) in a manner that interferes with, disables, disrupts, impairs or creates an undue burden on the networks or services that support the Website; (d) harvest or collect email addresses or other contact information of other users by electronic or other means for purposes of sending unsolicited emails or other unsolicited communications; or (e) via robot, spider or other automatic device, process or means to monitor or copy material on the Website.
We and/or licensors own: (a) all information and data that is a part of this Website, including, without limitation, text, documents, software, graphics, photos, illustrations, images (collectively, “Content”); (b) the Content contained in or presented through the Services by us or by third parties engaged by us (including, without limitation, text, music, sound, photographs, graphics, video, page layout and design); (c) the software, hardware, files, processes, systems, databases and tools used or provided by us or by third parties engaged by us to provide the Services; (d) other tangible and intangible personal property relating to the Services, including, without limitation, the domain names, IP numbers and addresses that may be used by us in providing the Services; and (e) the trade names, trademarks, trade dress, service marks, logos, copyrights, patents, inventions, trade secrets, know-how and other intellectual property rights relating to the foregoing (“Rooster Roofing Property”). These Terms do not constitute a license to you or any other person to use any Rooster Roofing Property.
The Website design, text, Content, selection and arrangement of elements, organization, graphics, compilation, and other matters related to the Website are the intellectual property rights of Rooster Roofing and protected under applicable copyright and trademark laws. The posting of any such elements on the Website does not constitute a waiver of any right in such elements. You are not granted any right, either express or implied, in any Content or Rooster Roofing Property and shall not use Rooster Roofing Property or any confusingly similar version of them.
Please click here to read our Rooster Roofing Privacy Policy (“Privacy Policy”), which is hereby incorporated into and made a material part of these Terms. The Privacy policy explains how we collect, use and disclose personal information. By accessing and using the Website, you consent to our actions with respect to your personal information in compliance with the Privacy Policy.
You agree to defend, indemnify, and hold harmless Rooster Roofing and its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, losses, damages, judgments, costs, fees and expenses, including legal fees, arising out of your access or connection to or use of the Website.
You acknowledge that no joint venture, partnership, employment or agency relationship exists between you and Rooster Roofing as a result of these Terms or any use of this Website or the Content therein.
These Terms are governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflicts of laws principles. You irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts in the State of Wisconsin in all disputes arising out of or related to the use of these Terms and the Website. You must commence any cause of action or claim against Rooster Roofing within one (1) year after the cause of action or claim arises, otherwise you agree that your cause of action or claim shall be barred.
By accessing or using this Website in any manner you are deemed to have read, understood and agreed to each of the terms, conditions and notices set forth in these Terms and the Privacy Policy. If you do not understand or agree to each of the terms, conditions and notices in these Terms and Privacy Policy, you should not access or use this Website in any manner and you should exit this Website immediately.
Should any dispute, controversy or claim arise relative to these Terms, the Privacy Policy, the Website, Content or Services, you agree that such dispute, controversy or claim shall be settled by final and binding arbitration notwithstanding any clause, which may be inconsistent. The arbitration shall be conducted by a single arbitrator chosen by you and Rooster Roofing. In the event that you and Rooster Roofing are unable to agree on an arbitrator within ten (10) business days, you and Rooster Roofing shall jointly apply to the Walworth County Circuit Court for appointment of a single arbitrator pursuant to Wis. Stat. § 788.04. The arbitration shall be heard and conducted in Walworth County, Wisconsin applying the law of the State of Wisconsin. The decision of the arbitrator(s) shall be final and binding and may be enforced by any party in a court of competent jurisdiction in accordance with the provisions of Chapter 788 of the Wisconsin Statutes. If any legal action, including arbitration, is necessary between you and Rooster Roofing to enforce or interpret the Terms or the Privacy Policy or to resolve any dispute related to the Terms, Privacy Policy, Website, Content or Services, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements, in addition to any other relief to which such party may be entitled, including post judgment costs incurred and expenses of collection. BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND ROOSTER ROOFING ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS REQUIRED BY APPLICABLE LAW. THIS ARBITRATION CLAUSE IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
If you have questions about these Terms, please contact us at:
Rooster Roofing
2000 E. Racine St., Ste 130
Janesville, WI 53545-4300
Phone: (608) 470-8772
Email: info@rooster-roofing.com
If any term or provision of these Terms or the Privacy Policy, or its application to any person, entity or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of these Terms or the Privacy Policy and its application shall not be affected and shall be enforceable to the fullest extent permitted by law. No waiver or breach of any covenant, condition, term, or agreement herein contained shall operate as a waiver of the covenant, condition, term or agreement itself, or of any subsequent breach thereof. Titles and headings are included solely for convenient reference and are not a material part of these Terms or the Privacy Policy. The Terms and the Privacy Policy constitute the entire agreement between and among you and us regarding its subject matter, and supersedes all prior agreements, statements, understandings and representations of Rooster Roofing with respect thereto. You agree that you are not relying upon any representation, warranty, guarantee or statement of any kind or nature made by us or anyone on our behalf, except as set forth in these Terms.
