Terms & Conditions
Agreement Acceptance
Concerning Cherry Roofing Terms and Conditions, when you access, use, or submit information to the Site, you agree to follow these Terms and Conditions and the Privacy Policy (collectively, the “Agreement”), along with all applicable laws and regulations. THIS AGREEMENT INCLUDES WARRANTY DISCLAIMERS AND LIMITS OUR LIABILITY TO YOU. PLEASE READ IT CAREFULLY. If you do not agree to the Cherry Roofing Terms and Conditions, do not use the Site.
This Agreement serves as the only agreement between you and this website regarding use of the Site, replacing all prior agreements or understandings. By using the Site, you actively accept the Cherry Roofing Terms and Conditions.
We may revise the Agreement at any time without notice. We will post the latest version on the Site, and your continued use confirms that you accept and follow the updated Cherry Roofing Terms and Conditions.
Your Use of the Site
The Site contains intellectual property owned by us. We grant you a non-exclusive, non-transferable, revocable license to use the Site only for personal and non-commercial purposes, as long as you follow this Agreement. You may not use the Site for other purposes, and the design or layout is excluded from this license. Framing is prohibited, and we do not transfer any title or ownership of intellectual property rights. We may terminate this license at any time and block your access. You must not attempt to breach or violate the Site’s security. Prohibited actions include: (a) accessing unauthorized data or accounts; (b) probing or testing vulnerabilities or bypassing security;(c) disrupting services by introducing viruses, spamming, overloading, or crashing; (d) modifying, reverse-engineering, decompiling, or disassembling the Site’s source code. Violating system or network security may result in civil or criminal liability.
Description of the Site
The Site gives users access to guides, resources, materials, and the option to apply for certain services (the “Services”). If you request our guides, resources, or materials, or if you subscribe to our email newsletter, we will ask you for your first name, last name, email address, and phone number. We use this information to send you the materials you requested and other content that may interest you. We may contact you by email, phone, or text, as described below.
Personal Data & Privacy
The Site provides guides, resources, materials, and the option to apply for certain services (the “Services”). When you request our guides, resources, or materials, or subscribe to our email newsletter, we ask for your first name, last name, email address, and phone number. We then use this information to deliver the materials you requested and share additional content that may interest you. As outlined below, we may contact you by email, phone, or text.
Policy against Advertising our Site using Unsolicited Email Messages
We require that all emails promoting the Site or its content are sent only to individuals who have agreed to receive such messages. We prohibit any advertising of our Site using unsolicited email messages. If you feel that you have been sent unsolicited emails promoting the Site, please email us. We will investigate all allegations made related to any unsolicited messages. You may also opt-out of receiving future emails by clicking on the unsubscribe link of any email advertising the Site.
Disclaimer; Limitation of Liability
We provide this Site “as is,” without any warranty, whether expressed or implied. Specifically, this includes warranties of merchantability, fitness for a particular purpose, and non-infringement. Furthermore, we are not liable for any direct, indirect, special, consequential, punitive, exemplary, or incidental damages. For example, such damages may include lost profits or attorneys’ fees related to your access or inability to access the Site. Additionally, they may arise from your use of the Site or reliance on the information it provides. Even if we warned you about the possibility of such damages, this limitation still applies. Finally, the limitation covers all causes of action, including contract breaches, negligence, strict liability, misrepresentation, or any other tort.
Indemnification
You hereby indemnify, defend, and hold harmless the Site, their owner, affiliates, and all officers, directors, owners, and agents (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement
In the event that we determine, in our sole discretion, that you have violated this Agreement, we shall have the right to immediately terminate your use of the Site, in addition to electing to pursue any other remedies available to it under applicable law.
Choice of Law
The laws of the State of California, without regard to conflict-of-law rules, govern the use of the Site, the validity and construction of this Agreement, and the interpretation of the rights and duties under it.
Arbitration
Except as required by law, you agree to resolve disputes through binding arbitration with the American Arbitration Association (AAA). Specifically, arbitration will follow the AAA’s Commercial Arbitration Rules and take place in Los Angeles, California. Furthermore, the U.S. Federal Arbitration Act will govern all arbitration proceedings. Importantly, the arbitrator cannot award punitive damages beyond actual damages, unless a statute requires it. Additionally, each party must cover its own attorneys’ fees and share arbitration costs equally. Afterward, judgment on the arbitration award may be entered in a court of proper jurisdiction, which you consent to. If a court deems this arbitration clause unenforceable, the rest of the Agreement will remain in effect. Finally, both parties waive the right to court or jury trial, acknowledging arbitration offers limited discovery and rights.
Severability; Waiver
If any term or condition in this Agreement proves unenforceable, all remaining provisions will still apply in full force and effect. A waiver of one breach does not mean a waiver of any prior, concurrent, or future breach of the same or any other provision. To be valid, a waiver must be in writing and signed by an authorized representative of the party granting it.
Updates
We may update the Terms & Conditions and Privacy Policy from time to time by posting new versions on the Site. By using the Site, you agree to follow these revisions and should visit the Site regularly to review the current Agreement. When you continue using the Site after modifications, you acknowledge the updated Agreement and agree to follow and be bound by it.