New Empire Roofing

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PRIVACY POLICY

This website is owned and operated by New Empire Roofing LLC. We respect your privacy and understand that you have a right to know why we collect your personal information and what we do with it. This Privacy Policy applies to information we collect through our Website (as defined below) as well as information we may collect offline. This policy describes the type of information we collect from you and/or that you may provide us when you visit and/or use this website and/or any of our mobile applications (individually or collectively, “Website”). “You/your/user(s)” means you as a user of our Website. By accessing the Website, you acknowledge this Privacy Policy and agree to be bound by the terms hereof, the Terms of Use, and any other terms or policies we post on the Website. If there is anything you do not understand, please email any inquiry to [email protected]. If at any time you do not agree to this Privacy Policy, please do not use the Website or provide us with any Personal Information. We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Website or emailing you notice of the changes. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. You can tell if this Privacy Policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.

YOUR SECURITY

We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Website, any transmission of Personal Information is at your own risk. We cannot guarantee that such information will not be intercepted by third parties, and we will not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism, and we are not responsible for unauthorized circumvention of any privacy settings or security measures contained on the Website.

YOUR RIGHTS

Various state laws provide you with certain rights. If you are a resident of any of those states, you may have the following rights:

● The right to correct inaccuracies in your Personal Information
● The right to request that we delete your Personal Information (unless we have a legal
obligation to maintain such information)
● The right to obtain a copy of your Personal Information from us that would allow you to
transmit the data to another company
● The right to opt out of the use of your Personal Information for purposes of targeted
advertising including SMS or text messaging
● The right to opt out of the use of your Personal Information for profiling purposes
We will not discriminate against you for exercising your privacy rights.

HOW TO EXERCISE YOUR RIGHTS

If you believe you are a resident of any state that has passed applicable laws relating to your privacy rights, please send your request to exercise any of these rights to us at [email protected].

INFORMATION WE COLLECT

We collect various information that identifies you as a person (“Personal Information”) in two ways. First, we collect Personal Information that you provide to us. Second, we collect certain Automated Information that may contain Personal Information when you use our Website.

INFORMATION WE COLLECT

The Personal Information you provide to us is generally:
● contact details including name, email, telephone number and address
● login and account information, including unique user ID and password
● payment or credit card information through our third party payment processor

We collect Personal Information directly from you when you provide it to us. This typically occurs
when you:
● sign up for our email list
● send us an email or other communication
● register for an account with us
● book an appointment or service with us
● participate in our promotions, surveys, and/or contests

Automated Information

We also collect information, some of which may be Personal Information, through automated
means by placing cookies when you visit our Website (“Automated Information”) such as:
● the IP address of the device you use to connect to the internet (which may include
information about your geographic location)
● the unique identifiers of your device
● your browser characteristics
● your device characteristics
● your operating system
● your language preferences
● the websites you visited before coming to our Website or through which you were
referred to our Website
● information on actions taken by you on our Website
● dates and times of your visits to our Website
● the pages you accessed on our Website
Most web browsers automatically accept cookies. If you do not wish to have cookies on your
system, you can set your browser to refuse them. Please review the specific instructions from
your browser in order to do this. However, please note that not accepting cookies may make
certain features of our Website unavailable or difficult to view or use.
Third parties may also collect information via our Website through cookies and other
technologies in order to:
● deliver our targeted advertisements to you across the Internet;
● provide us with analytical information about your visit to our Website;
● provide us with analytical information about your interactions with our Website and other
websites

HOW WE USE THE INFORMATION WE COLLECT

Most commonly we will use your Personal Information in the following circumstances:
To provide our services to you – This includes maintaining your account and communicating with you about your account or inquiries that you make.
● To communicate with you about our company, brands, promotions, franchisees, or other information we believe may be of interest to you – This includes advising you of changes or updates to our website or policies contained on the website, sending you information about promotions or events, sending you information about other products or services, and sending you information about product or service updates.
● To advertise our company to you – This includes serving targeted advertisements to you based on your previous interactions with our website and developing and conducting our marketing, promotion, and advertising campaigns.
● To detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
● To improve our website and enhance our business – This includes troubleshooting issues we may have with the website, developing new features, products, or services, and analyzing your interaction with our website.
● Where you have otherwise asked us to do so or consented to us doing so.
● To perform a service or a contract that we have entered into with you – This includes fulfilling requests that you may make of us.
● Where it is necessary for our legitimate interests (or those of a third party) and your fundamental rights do not override those interests.
● To comply with a legal or regulatory obligation – This includes cooperating with law enforcement and governmental authorities in response to valid subpoenas or other legal obligations.

SHARING PERSONAL INFORMATION WITH THIRD PARTIES

We are committed to maintaining your trust and we want you to understand when and with whom we may share Personal Information and information collected about you. We do not share your Personal Information with any third parties for marketing purposes or any other purpose except as set forth herein. Text messaging originator opt-in data and consent will not be shared with any third parties. SMS messages will only come from New Empire Roofing anywhere your phone number is submitted, you may opt-in or opt-out of the text messages at any time.
Investors/Business Transactions: If we seek investors or go through a business transition, including but not limited to, a merger, acquisition by another company, or a sale of all or a portion of our assets, your Personal Information may be shared as part of the negotiation of the transaction and will likely be among the assets transferred in the event of a sale or partial sale of our assets. Law Enforcement/Court Actions/Fraud Prevention: We may also disclose or share your Personal Information with other companies or individuals when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of users of the Website or the public.

OTHER WEBSITES

Our Website may contain links or references to websites operated by third parties, including social media companies, or you may have come to our Website using a link found in another website. This does not mean that we endorse these websites or the goods or services they provide. We do not make any representations or warranties about any website that may be linked to the Website. Such other websites are independent from us, and we have no control over, or responsibility for, their information, products or activities. Our privacy practices may differ from those of these other websites. If you provide Personal Information at one of these third party websites, you are subject to the privacy policy of the operator of that website, not our Privacy Policy. Please make sure you understand the other website’s privacy policy before providing such a website with any Personal Information. If you use a third-party website or application to access our Website or your account on our Website, your activities on such third-party sites or apps are governed by the privacy practices of those sites or apps. The privacy policies of other sites and apps may differ significantly from ours, and we have no control over the operation of those sites or apps or the manner in which they collect, store, or process data. YOUR CHOICES ABOUT HOW WE USE YOUR INFORMATION AND OPTING OUT There are ways by which you can control how your Personal Information is used.

Tracking

You can set your browser to refuse some or all cookies or to alert you when cookies are being sent. Please visit your specific browser’s instructions for doing this. The “Help” function on most browsers contains information on how you can set your browser to notify you before accepting cookies, or you can disable them entirely. If you opt out of cookies, you may not be able to take advantage of various features of the Website that are available to other users. For example, we may use cookies to recognize you by name when you return to this site so you don’t have to login again and provide your password each time. If you use more than one browser, you will need to change each browser’s settings in order to refuse cookies.

Promotional Offers

If you do not wish to receive our email promotional offers, you may opt-out by checking the relevant box when we collect your information, logging into your account to update your preferences, or clicking on the “unsubscribe” link found in emails we send to you. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving our communications will not affect your receipt of service-related communications, such as payment confirmations and delivery status updates, if we have a data breach, or other such communications for which we have a legal obligation to inform you and/or to prevent fraud or harm to our Website, our business, and/or third parties

Advertising

If you do not want us to use Personal Information that we collect for us to deliver advertisements to you, you can opt-out of receiving such advertising.
There are third parties who provide tools that allow you to opt out of Internet-based and mobile advertising on your mobile device. Please visit TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/, the Digital Advertising Alliance’s consumer choice page, currently available at http://www.aboutads.info/choices/, or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/.
When using the ad industry opt-out tools described above, note that: (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention), but it will not be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt-out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out, and we have no control over the practices of any third parties. We do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.
**SMS Terms of Service and Privacy Policy**
**Consent for SMS Communication**
Text messaging originator opt-in data and consent will not be shared with any third parties. SMS messages will only come from New Empire Roofing, you may opt-in or opt-out of the text messages at any time. Your data and personal information will NOT be shared with any third party.
**Types of SMS Communications**
If you opt-in to receive SMS messages anywhere your phone number is collected, you may receive:
● Registration confirmations and reminders for sales appointments or services.
● Notifications about schedule changes, cancellations, or promotions.
● Updates regarding job applications or employment-related notices (if applicable).
**The Opt-In/Opt-Out Messages**
● Opt-in Keywords: START
● Opt-in Message Example: You have opted into receiving text messages from New Empire Roofing. Msg frequency will vary. Msg & data rates may apply. Reply STOP to opt-out at any time and you will no longer receive any information for New Empire Roofing. For assistance, reply HELP.
● Opt-out Keywords: STOP
● Opt-out Message: You have successfully opted out of SMS messages from New Empire Roofing. No additional messages will be sent. To opt back in at any time, reply START.
● Help Keyword: HELP
● Help Message: Thank you for contacting New Empire Roofing. For assistance, call [local phone number provided] or [local email address provided], or [email protected]. Msg & data rates may apply. Text STOP to opt-out and you will no longer receive any information for New Empire Roofing.
**Privacy Policy**
● SMS opt-in consent and phone numbers provided for SMS communication will not be shared with third parties.
● Information collected is used solely for providing requested services, such as reminders or updates.
**Terms of Service**
● Information collected for SMS purposes will not be shared with third parties.
● New Empire Roofing may modify or discontinue SMS communications at any time.

SMS Terms & Conditions

Types of SMS Communications
If you opt-in to receive SMS messages from anywhere from the Company, you may receive:
● Registration confirmations and reminders for sales appointments or services.
● Notifications about schedule changes, cancellations, or promotions.
● Updates regarding job applications or employment-related notices (if applicable).

When you sign up for information or services, we may communicate with you via Text Messaging to the phone number you provide us.

By doing so, you agree to receive marketing and informational messages, including marketing, conversational purposes, appointment reminders, account notifications, follow up on cases, order confirmations, etc., from New Empire Roofing at the phone number provided. Message frequency varies. Message and data rates may apply. For help, reply HELP or email us at [email protected]. You can opt out at any time by replying STOP.

By providing us with your mobile cell phone number, you are agreeing to receive recurring promotional and telemarketing messages sent via an automatic dialing system from or on behalf of New Empire Roofing from anywhere your phone number is collected. Your consent to receive such messages is not required as a condition of any purchase. You may opt-out at any time or call to avoid opting into text messaging.

Your mobile phone number and text consent opt-in data will not be shared with anyone for marketing purposes. You may reply STOP at any time to cease marketing texts from us to which you previously consented.

By providing us with your mobile cell phone number, you are also agreeing to our terms of service and this privacy policy.

If you purchase a product or service from a member of our family of companies, that brand or company will provide you with related informational and transactional information by phone, email or SMS messaging (text). These communications may contain maintenance information, appointment schedules or other reminders related to your use of the product or service. You can select your preferred methods of communication for this information. We will not opt you into any other sister brand or company’s text messaging unless you specifically opt in.

For questions or help with any text messages you receive, please reply HELP to the message, contact us at [email protected] for the United States.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

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Analytics

**Google**
Our Website uses Google Analytics, a web analysis service of Google, Inc. You can learn more about Google Analytics here:
https://marketingplatform.google.com/about/analytics/

Google Analytics employs cookies that are stored to your computer in order to facilitate an analysis of your use of the site. The information generated by these cookies, such as time, place and frequency of your visits to our site, including your IP address, is transmitted to Google’s location in the US and stored there. Google Analytics also uses electronic images known as web beacons (sometimes called single pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Websites are used.

Google may transfer this information to third parties where required to do so by law or where such third parties process this data on Google’s behalf. Google states that it will not associate your IP address with other data held by Google. You can prevent cookies from being installed by adjusting the settings on your browser software accordingly as noted elsewhere in this Privacy Policy. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our Website.

Google Analytics also offers a deactivation add-on for most current browsers that provides you with more control over what data Google can collect on websites you access. The add-on tells the JavaScript (ga.js) used by Google Analytics not to transmit any information about website visits to Google Analytics. However, the browser deactivation add-on offered by Google Analytics does not prevent information from being transmitted to us or to other web analysis services we may engage. You can find additional information on how to install the browser add-on referenced above at the following link:
https://tools.google.com/dlpage/gaoptout?hl=en

**Microsoft**
We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement,
https://www.microsoft.com/privacy/privacystatement

**Meta**
We may share your personal information and website behavioral information with other Meta companies to provide you with a consistent experience across our products, such as Facebook, Instagram, and WhatsApp. Meta may disclose your personal information to third-party service providers who assist us in operating our platforms, including data analytics providers, advertising partners, and payment processors, strictly for the purposes of providing services related to your interactions with our products, in accordance with applicable laws and your privacy settings,
https://www.facebook.com/privacy/policy/

**Constant Contact**
We also use Constant Contact to assist with our email marketing. Constant Contact offers analytic services that will allow us to review user interaction with our email marketing and our website. You can learn more about Constant Contact’s services here:
https://www.constantcontact.com/legal/customer-contact-data-notice

**Hubspot**
HubSpot Analytics is a web analytics service that utilizes cookie and usage data collected to track and examine the use of our Website, analyze demographic information, and prepare reports on user activities and share them with other HubSpot services.

You can learn more about the privacy practices of HubSpot here:
https://legal.hubspot.com/privacy-policy

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**DISCLOSURE FOR LEGAL PURPOSES**
You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we are legally required to do so. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Website, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.

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**CHILDREN**
We do not knowingly permit persons under 16 years of age to use the Website, and we do not knowingly collect, use or disclose Personal Information from anyone under 16 years of age. If we determine upon collection of Personal Information that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected Personal Information from a child under the age of 16, we will make reasonable efforts to delete such information from our records.

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**CONFIDENTIAL INFORMATION**
We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

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**DELETION OF YOUR PERSONAL INFORMATION**
You may request that we delete your Personal Information from our database and the databases of any other parties with whom we shared your Personal Information by emailing us at [email protected]. We will not delete your Personal Information if we have a legal obligation to maintain such information.

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**ASSIGNMENT**
We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder to any successor.

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**CONTACT**
If you have any questions about your privacy or security at the Website, or wish to update your Personal Information, please send an email to [email protected].

**DATE LAST MODIFIED:** February 20, 2025

TERMS OF USE

Terms of Use
New Empire Roofing LLC Terms of Use
Effective as of February 20, 2025

Welcome to the New Empire Roofing LLC’s Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at https://newempireroofing.com/ “Service” refers to the Company’s services accessed via the Site, in which users can find information about blinds, shutters and shades. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service. The following Terms of Use apply when you view or use the Service via our website located at https://newempireroofing.com/ Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.

PRIVACY POLICY

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (found here https://newempireroofing.com/ ) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

ABOUT THE SERVICE

The Service allows you to view and schedule blinds, shutters and shades services.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You need to be at least 18 years old and a resident of the United States to register for and use the Service. If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following use, posting, and conduct restrictions:
You agree that you will not under any circumstances:

● Access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service.
● Collect or harvest any personal data of any user of the Site or the Service.
● Use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise.
● Distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices but retain the right to revoke this permission at any time on a general or specific basis).
● Use the Service for any unlawful purpose or for the promotion of illegal activities.
● Attempt to, or harass, abuse, or harm another person or group.
● Use another user’s account without permission.
● Intentionally allow another user to access your account.
● Provide false or inaccurate information when registering an account.
● Interfere or attempt to interfere with the proper functioning of the Service.
● Make any automated use of the Site, the Service, or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure.
● Bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data.
● Circumvent, disable, or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service.
● Publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you may be able to provide Name, Zip Code, Phone Number, and Email Address (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.

We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms. By transmitting and submitting any User Content while using the Service, you agree as follows:

● You are solely responsible for your account and the activity that occurs while signed in to or while using your account.
● You will not post information that is malicious, libelous, false, or inaccurate.
● You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive.
● You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below:
– When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service.
– You grant to each user of the Service a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform such Content to the extent permitted by the Service and under these Terms of Use.
● You will not submit content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content.
● You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content. The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service or with other Users.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third-party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or transmitted to users. Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us [email protected]

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third-party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third-Party Sites or Third-Party Applications, Software or Content, or the promotions, materials, information, goods, or services available on these Third-Party Sites or Third-Party Applications, Software, or Content. Such Third-Party Sites and Third-Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software, or Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software, or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site to which you navigate from the Site or relating to any applications you use or install from the Third-Party Site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you are a copyright owner, or an agent thereof, and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our designated copyright agent at 12550 JFK Blvd. Apt. 902 Houston, Texas 77039. The date of your notification:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of a mistake or a misidentification of the content.
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Nebraska and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.

LICENSE GRANT

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents, or representatives in any situation where legal notice is required by contract or any law or regulation

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such emails by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to [email protected] or mail to the following postal address: Customer Support New Empire Roofing LLC 12550 JFK Blvd. Apt. 902 Houston,Texas 77039 Opting out may prevent you from receiving messages regarding the Site, the Service or special offers

SMS / Text Messaging Terms & Conditions

You agree to receive marketing and informational messages, including marketing, conversational purposes, appointment reminders, account notifications, follow up on cases, order confirmations, etc., from NEW EMPIRE ROOFING at the phone number provided. Message frequency varies. Message and data rates may apply. For help, reply HELP or email us at [email protected]. You can opt out at any time by replying STOP. By providing us with your mobile cell phone number, you are agreeing to receive recurring promotional and telemarketing messages sent via an automatic dialing system from or on behalf of NEW EMPIRE ROOFING. Your consent to receive such messages is not required as a condition of any purchase. Your phone numbers and opt-in data will not be shared with third parties for marketing purposes. By providing us with your mobile cell phone number, you are also agreeing to our privacy policy and this terms of use. If you purchase a product or service from a member of our family of companies, that brand will provide you with related informational and transactional information by phone, email or SMS messaging (text). These communications may contain maintenance information, appointment schedules or other reminders related to your use of the product or service. You can select your preferred methods of communication for this information. Your mobile phone number or your consent to SMS / texting will not be shared with third parties seeking to market to you. You may reply STOP at any time to cease marketing texts from a brand to which you previously consented. Please note that you cannot opt out of receiving important messages such as maintenance and appointment information. For questions or help with any text messages you receive, please reply HELP to the message, contact us at [email protected] for the United States. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

WARRANTY DISCLAIMER

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES;

RELEASE: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM:
(A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT;
(B) YOUR USE OR INABILITY TO USE THE SERVICE;
(C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR
(D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Nebraska, without regard to conflict of law provisions. We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://newempireroofing.com/ REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT