Terms of Service:
Last Updated: 11/01/2022.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN
BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE
CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE.
IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE
DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this “Agreement” or “Terms”) is a legal agreement between you and WeatherTech
Roofing (hereinafter ” “), a company duly organized and validly existing, located at PO Box 171292, San Antonio, Texas
78217. This Agreement annuls and voids all previous agreements.
OVERVIEW
The Site (weathertechtx.com) is operated by . Throughout the Site, the terms “we”, “us” and “our” refer to . offers this Site,
including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all
terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following
terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors,
customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any
additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree
to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use
any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most
current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these
Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your
continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province of residence and you have given us your consent to allow any of
your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site,
violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any
reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Site;
2. Change, suspend or discontinue all or any part of our products or Site;
3. Refuse, move, or remove any content that is available on all or any part of our Site;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service announcements and administrative or
legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks
or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site
or any contact on the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any
way exploit any of the content, in whole or in part, found on the Site. content is not for resale. Use of the Site does not entitle
users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary
rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other
use of the content without the express written permission of and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of
or our licensors except as expressly authorized by these Terms.
SECTION 2 – CREATING AN ACCOUNT
Once you create an account with us, you are registered on the Site. The terms “member,” “membership,” and “account” all
refer to this registration as a member on ‘s Site. If you are merely surfing or browsing through the Site and have not yet
created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use
the Site.
When you create an account, you will provide a unique username and email. We will also ask you to create a password.
Because any activities that occur under your username or password are your responsibility it is important for you to keep your
username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You
acknowledge that is not responsible for third party access to your account that results from theft or misappropriation of your
account. Notify us immediately if you believe that someone has used your username, email, or password without your
authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data
registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and
completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, WeatherTech Roofing will
have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as
such refuse any and all current or future use of WeatherTech Roofing Services, or any portion thereof.
SECTION 3 – CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data,
photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted,
is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely
responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the
Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that
by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content
posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or
otherwise made available by .
Furthermore, you herein agree not to make use of WeatherTech Roofing’s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s
privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any officials, forum leaders, guides or hosts or
falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to
any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent,
copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right
to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising,
promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been
designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other
computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of
any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other
users’ ability to participate in any real time interactions;
j) interfering with or disrupting any WeatherTech RoofingServices, servers and/or networks that may be connected or
related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot
exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not
limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition
to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock
Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to
any organization delegated by the United States government as a “foreign terrorist organization” in accordance to
Section 219 of the Immigration Nationality Act;
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited
conduct and/or activities which have been set forth in the aforementioned paragraphs.
WeatherTech Roofing herein reserves the right to pre-screen, refuse and/or delete any content currently available through our
Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which
would otherwise be considered offensive to other visitors, users and/or members.
WeatherTech Roofing herein reserves the right to access, preserve and/or disclose member account information and/or
content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of WeatherTech Roofing, its visitors, users and members,
including the general public.
WeatherTech Roofing herein reserves the right to include the use of security components that may permit digital information
or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations
established by WeatherTech Roofing or any other content providers supplying content services to WeatherTech Roofing. You
are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services.
Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our
Services, despite whether done so in whole or in part, is expressly prohibited.
SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating
to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software,
technology and other technical data may be subject to the export and import laws of the United States and possibly other
countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and
regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States
(http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that
you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which
may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services
to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end
uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in
violation of the U.S. or other applicable export and/or import laws.
SECTION 5 – SUBMITTED CONTENT
WeatherTech Roofing shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make
such content available for inclusion on our website Services. Therefore, you hereby grant and allow for WeatherTech Roofing
the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of WeatherTech Roofing’s
Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services is for the sole purpose of providing and promoting the specific area to
which this content was placed and/or made available for viewing. This license shall be available so long as you are a
member of WeatherTech Roofing’s sites, and shall terminate at such time when you elect to discontinue your
membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of
WeatherTech Roofing’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for the sole purpose of providing and
promoting the specific area in which this content was placed and/or made available for viewing. This license shall be
available so long as you are a member of WeatherTech Roofing’s sites and shall terminate at such time when you elect
to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of WeatherTech
Roofing’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in
whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current
used or later developed.
Those areas which may be deemed “publicly accessible” areas of WeatherTech Roofing’s Sites are those such areas of our
network properties which are meant to be available to the general public, and which would include message boards and
groups that are openly available to both users and members. However, those areas which are not open to the public, and
thus available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
WeatherTech Roofing may provide an area for our user and members to contribute feedback to our website. When you
submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any
Contributions;
c) shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of ; and
e) is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
SECTION 6 – INDEMNITY
All users and/or members agree to insure and hold WeatherTech Roofing, our subsidiaries, affiliates, agents, employees,
officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to,
reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may
submit, post, modify, transmit or otherwise make available through our Services, the use of Services or your connection with
these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
SECTION 7 – COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason
any part, use of, or access to ‘s sites.
SECTION 8 – MODIFICATIONS
WeatherTech Roofingreserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or
permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to
any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
SECTION 9 – TERMINATION
As a member of weathertechtx.com, you may cancel or terminate your account, associated email address and/or access to
our Services by submitting a cancellation or termination request to .
As a member, you agree that WeatherTech Roofing may, without any prior written notice, immediately suspend, terminate,
discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause
for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
weathertechtx.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for
cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the
termination of your account, associated email address and/or access to any of our Services.
The termination of your account with weathertechtx.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within weathertechtx.com;
b) the deletion of your password and any and all related information, files, and any such content that may be associated
with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
SECTION 10 – LINKS
Either WeatherTech Roofing or any third parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such,
we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or
available from such third-party sites or resources. Furthermore, you acknowledge and agree that WeatherTech Roofing shall
not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to
be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or
through any such site or resource.
SECTION 11 – PROPRIETARY RIGHTS
You do hereby acknowledge and agree that WeatherTech Roofing’s Services and any essential software that may be used in
connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our Services or by advertisers is protected by
copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by
applicable law or as authorized by WeatherTech Roofing or such applicable licensor, you agree not to alter, modify, lease,
rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on
WeatherTech Roofing Services (e.g. Content or Software), in whole or part.
WeatherTech Roofing hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of
the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate,
alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or
discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the
Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such,
not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized
access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than
through the interface which is provided by WeatherTech Roofing for use in accessing our Services.
SECTION 12 – WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF WEATHERTECH ROOFING SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR
SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS.
WEATHERTECH ROOFING AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) WEATHERTECH ROOFING AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO SUCH WARRANTIES THAT (i) WEATHERTECH ROOFING SERVICES OR SOFTWARE
WILL MEET YOUR REQUIREMENTS; (ii) WEATHERTECH ROOFING SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED
FROM THE USE OF THE WEATHERTECH ROOFING SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH
MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF WEATHERTECH
ROOFING SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK,
AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS,
DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE
DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY
YOU FROM WEATHERTECH ROOFING OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A
COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY
OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY
HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 – LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WEATHERTECH ROOFING AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY
PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN
ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 – RELEASE
In the event you have a dispute, you agree to release WeatherTech Roofing(and its officers, directors, employees, agents,
parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed,
arising out of or in any way connected to such dispute.
SECTION 15 – NOTICE
WeatherTech Roofing may furnish you with notices, including those with regards to any changes to the Terms, including but
not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means
currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects
of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your
agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our
Services in an authorized manner.
SECTION 16 – INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the WeatherTech Roofingtrademarks, copyright, trade name,
service marks, and other WeatherTech Roofinglogos and any brand features, and/or product and service names are
trademarks and as such, are and shall remain the property of WeatherTech Roofing. You herein agree not to display and/or
use in any manner the WeatherTech Roofinglogo or marks without obtaining WeatherTech Roofing’s prior written consent.
WeatherTech Roofing will always respect the intellectual property of others, and we ask that all of our users do the same.
With regards to appropriate circumstances and at its sole discretion, WeatherTech Roofing may disable and/or terminate the
accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been
duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have
been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or
other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright
owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful
and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on
the copyright or intellectual property owner’s behalf.
The WeatherTech Roofing agent for notice of claims of copyright or other intellectual property infringement can be contacted
as follows:
Mailing Address:
WeatherTech Roofing
Attn: Copyright Agent
PO Box 171292
San Antonio, Texas 78217
Telephone: 210-557-6917
Email: info@weathertechtx.com
SECTION 17 – ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and WeatherTech Roofingand shall govern the use of our
Services, superseding any prior version of this Agreement between you and us with respect to WeatherTech Roofing
Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other
WeatherTech Roofing Services, affiliate Services, third-party content or third-party software.
SECTION 18 – CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and WeatherTech Roofing with regard to the Agreement that the relationship
between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that
any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between
you and WeatherTech Roofing, shall be filed within the courts having jurisdiction within the County of Bexar, Texas or the U.S.
District Court located in said state. You and WeatherTech Roofing agree to submit to the jurisdiction of the courts as
previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts
and to venue in such courts.
SECTION 19 – WAIVER AND SEVERABILITY OF TERMS
At any time, should WeatherTech Roofing fail to exercise or enforce any right or provision of the Agreement, such failure shall
not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions
as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
SECTION 20 – NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents
within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
SECTION 21 – STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out
of or related to the use of our Services or the Agreement must be filed within 2 year(s) after said claim or cause of action
arose or shall be forever barred.
SECTION 22 – VIOLATIONS
Please report any and all violations of this Agreement to WeatherTech Roofing as follows:
Mailing Address:
WeatherTech Roofing
PO Box 171292
San Antonio, Texas 78217
Telephone: 210-557-6917
Email: info@weathertechtx.com
SECTION 23 – GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the
integrity and operation of our business and systems, we may access and disclose any information we consider necessary or
appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such
information is governed by the terms of our Privacy Policy.
SECTION 24 – FOREIGN ACCESS OF SITE
The Site is controlled, operated and administered by from our offices within the USA. If you access the Site from a location
outside the USA, you are responsible for compliance with all local laws. You agree that you will not use ‘s content accessed
through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
SECTION 25 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve
the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any
information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted
your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without
limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any
related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.
SECTION 26 – PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by the WeatherTech Roofing
Online Privacy Policy (see the full Privacy Policy at terms-of-service-and-privacy-policy). As a member, you herein consent to
the collection and use of the information provided, including the transfer of information within the United States and/or other
countries for storage, processing or use by WeatherTech Roofing and/or our subsidiaries and affiliates.
Privacy Policy:
November 1, 2022
WeatherTech Roofing ( ) values its users’ privacy. This Privacy Policy (“Policy”) will help you understand how we collect and
use personal information from those who visit our website or make use of our online facilities and services, and what we will
and will not do with the information we collect. Our Policy has been designed and created to assure those affiliated with
WeatherTech Roofing of our commitment and realization of our obligation not only to meet, but to exceed, most existing
privacy standards.
We reserve the right to make changes to this Policy at any given time. If you have not registered with us and want to make
sure that you are up to date with the latest changes, we advise you to frequently visit this page. If you are a registered user,
we will notify you via email of any changes or updates made to this Policy. If at any point in time WeatherTech Roofing
decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated
when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have
the option as to whether to permit the use of their information in this separate manner.
This Policy applies to WeatherTech Roofing, and it governs any and all data collection and usage by us. Through the use of
weathertechtx.com, you are therefore consenting to the data collection procedures expressed in this Policy.
Please note that this Policy does not govern the collection and use of information by companies that WeatherTech Roofing
does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure
to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review
the privacy policies and conditions of any website you choose to use or frequent to better understand the way in which
websites garner, make use of and share the information collected.
Specifically, this Policy will inform you of the following
1. What personally identifiable information is collected from you through our website;
2. Why we collect personally identifiable information and the legal basis for such collection;
3. How we use the collected information and with whom it may be shared;
4. What choices are available to you regarding the use of your data; and
5. The security procedures in place to protect the misuse of your information.
Information We Collect
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we
reserve the right not to register you as a user or provide you with any products or services. This website collects various
types of information, such as:
● Voluntarily provided information which may include your name, address, email address, billing and/or credit card
information etc. which may be used when you purchase products and/or services and to deliver the services you have
requested.
● Information automatically collected when visiting our website, which may include cookies, third party tracking
technologies and server logs.
In addition, WeatherTech Roofing may have the occasion to collect non-personal anonymous demographic information, such
as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP
address, or type of operating system, which will assist us in providing and maintaining superior quality service.
WeatherTech Roofing may also deem it necessary, from time to time, to follow websites that our users may frequent to gleam
what types of services and products may be the most popular to customers or the general public.
Please rest assured that this site will only collect personal information that you knowingly and willingly provide to us by way of
surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose
for which it was requested, and any additional uses specifically provided for in this Policy.
Why We Collect Information and For How Long
We are collecting your data for several reasons:
● To better understand your needs and provide you with the services you have requested;
● To fulfill our legitimate interest in improving our services and products;
● To send you promotional emails containing information we think you may like when we have your consent to do so;
● To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so;
● To customize our website according to your online behavior and personal preferences.
The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be
determined based upon the following criteria: the length of time your personal information remains relevant; the length of time
it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within
which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or
associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such
information as stated in this Policy.
Use of Information Collected
WeatherTech Roofing does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any
third parties.
WeatherTech Roofing may collect and may make use of personal information to assist in the operation of our website and to
ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable
information as a means to keep you informed of other possible products and/or services that may be available to you from
weathertechtx.com
WeatherTech Roofing may also be in contact with you with regards to completing surveys and/or research questionnaires
related to your opinion of current, potential, or future services that may be offered.
Disclosure of Information
WeatherTech Roofing may not use or disclose the information provided by you except under the following circumstances:
● as necessary to provide services or products you have ordered;
● in other ways described in this Policy or to which you have otherwise consented;
● in the aggregate with other information in such a way so that your identity cannot reasonably be determined;
● as required by law, or in response to a subpoena or search warrant;
● to outside auditors who have agreed to keep the information confidential;
● as necessary to enforce the Terms of Service on our website;
● as necessary to maintain, safeguard and preserve all the rights and property of WeatherTech Roofing.
Non-Marketing Purposes
WeatherTech Roofinggreatly respects your privacy. We do maintain and reserve the right to contact you if needed for nonmarketing purposes (such as bug alerts, security breaches, account issues, and/or changes in WeatherTech Roofing products
and services, or changes to this Policy). In certain circumstances, we may use our website, newspapers, or other public
means to post a notice.
Children under the age of 13
WeatherTech Roofing’s website is not directed to, and does not knowingly collect personal identifiable information from,
children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone
under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from
our system’s database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such
information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
Unsubscribe or Opt-Out
All users and visitors to our website have the option to discontinue receiving communications from us by way of email or
newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to
info@weathertechtx.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific
website to unsubscribe or opt-out. WeatherTech Roofing will continue to adhere to this Policy with respect to any personal
information previously collected.
Links to Other Websites
Our website does contain links to affiliate and other websites. WeatherTech Roofing does not claim nor accept responsibility
for any privacy policies, practices and/or procedures of other websites. Therefore, we encourage all users and visitors to be
aware when they leave our website and to read the privacy statements of every website that collects personally identifiable
information. This Policy applies only and solely to the information collected by our website.
Notice to European Union Users
WeatherTech Roofing’s operations are located primarily in the United States. If you provide information to us, the information
will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US
Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose
personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that
are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage
and use as described in this Policy.
Security
WeatherTech Roofing takes precautions to protect your information. When you submit sensitive information via the website,
your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information),
that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the
address bar and looking for “https” at the beginning of the address of the webpage.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only
employees who need the information to perform a specific job (for example, billing or customer service) are granted access to
personally identifiable information. The computers and servers in which we store personally identifiable information are kept in
a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the
user’s personal information under our control.
The Company also uses Secure Socket Layer (SSL) for authentication and private communications to build users’ trust and
confidence in the internet and website use by providing simple and secure access and communication of credit card and
personal information.
Acceptance of Terms
By using this website, you are hereby accepting the terms and conditions stipulated within this Privacy Policy Agreement. If
you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your
continued use of our website following proper notification or the posting of any updates or changes to our terms and
conditions, shall mean that you agree and accept such changes.
How to Contact Us
If you have any questions or concerns regarding this Privacy Policy as it relates to our website, please feel free to contact us
at the following email, telephone number or mailing address:
Email:
Telephone Number: 210 557-6917
Mailing Address:
WeatherTech Roofing
PO Box 171292
San Antonio, Texas
78217
GDPR Disclosure:
If you answered “yes” to the question Does your website comply with the General Data Protection Regulation (“GDPR”)? then the Privacy Policy above
includes language that is meant to account for such compliance. Nevertheless, in order to be fully compliant with GDPR regulations your company must
fulfill other requirements such as: (i) doing an assessment of data processing activities to improve security; (ii) have a data processing agreement with any
third party vendors; (iii) appoint a data protection officer for the company to monitor GDPR compliance; (iv) designate a representative based in the EU
under certain circumstances; and (v) have a protocol in place to handle a potential data breach. For more details on how to make sure your company is
fully compliant with GDPR, please visit the official website at https://gdpr.eu. FormSwift and its subsidiaries are in no way responsible for determining
whether or not your company is in fact compliant with GDPR and takes no responsibility for the use you make of this Privacy Policy or for any potential
liability your company may face in relation to any GDPR compliance issues.
COPPA Compliance Disclosure:
This Privacy Policy presumes that your website is not directed at children under the age of 13 and does not knowingly collect personal identifiable
information from them or allow others to do the same through your site. If this is not true for your website or online service and you do collect such
information (or allow others to do so), please be aware that you must be compliant with all COPPA regulations and guidelines in order to avoid violations
which could lead to law enforcement actions, including civil penalties.
In order to be fully compliant with COPPA your website or online service must fulfill other requirements such as: (i) posting a privacy policy which describes
not only your practices, but also the practices of any others collecting personal information on your site or service — for example, plug-ins or ad networks;
(ii) include a prominent link to your privacy policy anywhere you collect personal information from children; (iii) include a description of parental rights (e.g.
that you won’t require a child to disclose more information than is reasonably necessary, that they can review their child’s personal information, direct you
to delete it, and refuse to allow any further collection or use of the child’s information, and the procedures to exercise their rights); (iv) give parents “direct
notice” of your information practices before collecting information from their children; and (v) obtain the parents’ “verifiable consent” before collecting, using
or disclosing personal information from a child. For more information on the definition of these terms and how to make sure your website or online service
is fully compliant with COPPA please visit https://www.ftc.gov/tips-advice/business-center/guidance/childrens-online-privacy-protection-rule-six-stepcompliance. FormSwift and its subsidiaries are in no way responsible for determining whether or not your company is in fact compliant with COPPA and
takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any COPPA compliance
issues.
California Consumer Privacy Act (“CCPA”) Compliance Disclosure : The CCPA is a collection of privacy laws enacted by the California legislature
which is meant to protect Californians’ personal data from being sold or used without their consent. The requirements of the CCPA apply to, among others,
businesses that (i) have a gross annual revenue of at least $25 million dollars; or (ii) buys, receives, or sells personal information of 50,000 or more
Californian consumers, households or devices; or (iii) derives 50% or more of its revenue from the sale of personal information. If your business meets
these requirements or is otherwise based out of California, you must comply with the requirements of the CCPA or risk facing fines, sanctions and civil
penalties. For more information about CCPA and its requirements please visit https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?
bill_id=201720180AB375. Please note that t he CCPA is scheduled to be updated by January 2023 with new requirements and definitions so please be sure
to check those regulations periodically to make sure your Privacy Policy is up to date. FormSwift and its subsidiaries are in no way responsible for
determining whether or not your company is in fact compliant with the CCPA or any other privacy regulations, and takes no responsibility for the use you make of this Privacy Policy or for any potential liability your company may face in relation to any compliance issues.