POND ROOFING COMPANY, INC., a corporation incorporated in the Commonwealth of Virginia (“us”, “we,” “our,” or “Pond Roofing”) operates a website located at www.pondroofing.com (the “Site” or “Website”). These terms and conditions for the use of the Site (“Terms and Conditions,” the “Policy,” “Terms of Use,” or “Terms”) describes the terms and conditions relating to your use of the Site and applies also to all electronic communications between you and us, whether by electronic mail (e-mail), or other electronic means including by chat, simple message system (SMS) or multimedia message system (MMS) (collectively “text message”), other interactive chat, etc.  It does not apply to any terms or conditions with respect to other sites even if you access another site through this Site.

The Terms informs you of our policies regarding your use of our Site.

1. CONSENT TO TERMS AND CONDITIONS:PLEASE CAREFULLY READ THE TERMS FOR USING WEBSITE.  BY USING THIS WEBSITE, YOU CERTIFY THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
2. REVISION TO TERMS AND CONDITIONS.The owner of this Site, reserves the right to make changes to the terms and conditions at any time, provided, however, that no change shall affect the terms and conditions that were reported on this Website at the time a user uses this Website. Your use of this Website after such changes are posted, will mean that you accept such changes.  Upon the termination of these terms and conditions by us, the rights and obligations that by their very nature should survive termination shall survive.
3. SMS/MMS Program Terms & Conditions
4. Program description: When opted-in, you will receive text messages (SMS/MMS) to your mobile number. These kinds of messages may include without limitation, response to a quote, estimate, or service inquiry, real-time texts to ask and answer questions about our services and pricing, appointment scheduling and confirmations, feedback requests, project updates, follow up, etc.
5. Program frequency: SMS/MMS messages will be sent using automated technology as well as manually sent messages up to 8 msg/Mo.
6. Opt out:You can opt out of this service at any time. Just text “STOP” to the phone number. After this, you will no longer receive SMS messages from that campaign.
7. Help: If you are experiencing any issues, you can get help directly from us at info@pondroofing.com
8. Interruption:Carriers, such as AT&T, are not liable for delayed or undelivered messages.
9. Costs:Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, please contact your wireless provider.
10. Privacy:If you have any questions regarding privacy, please read our privacy policy https://pondroofing.com/privacy-policy-statement/ .

 

5.         COPYRIGHT AND TRADEMARK NOTICE.

 

1.        Use of Materials.This Website is owned and operated by POND ROOFING.  Unless otherwise specified, all content on this Website regardless of if posted by us, by you, or others, including text, site design, logos, proprietary marks, graphic files, audio clips, video clips, icons, and/or images, as well as the selection, assembly and arrangement thereof (“Content”), is the sole property of POND ROOFING or any applicable content provider who has granted POND ROOFING the right and license to use such Content, and is protected by U.S. and international copyright laws.

The term “Content” also includes any communication or material you post or transmit to this Website or through this Website, or through an electronic communication or text message, to another user, to us, or otherwise. Said Content is, and will be treated as, non-confidential and non-proprietary in addition to being owned as provided for above.  You assume full responsibility for anything you post or transmit, and you understand that POND ROOFING may delete, edit, copy, publish and distribute any information or content you post or transmit to us, for any purpose.  By providing POND ROOFING with any such communications or materials you are hereby giving POND ROOFING the non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, and unlimited right to reproduce, modify, publish, translate and distribute, and sublicense through multiple levels of sublicensing, such material in any way deemed appropriate by the management of POND ROOFING.

The Content provided in this Website may be downloaded or reprinted for PERSONAL AND NON-COMMERCIAL USE ONLY, including for the purpose of placing an order with POND ROOFING. Permission to reprint or electronically reproduce any Content, in whole or in part, for any other reason is expressly prohibited, unless prior written consent is obtained from POND ROOFING. Any unauthorized use of the Content appearing on this Website, including but not limited to, the publication, reproduction, display, creation of derivative works or performance of the Content, may violate copyright, trademark, intellectual property, and/or other applicable laws and could result in civil or criminal penalties.

 

1.        Trademark/Service Mark.All trademarks, service marks and trade names (collectively the “Marks”), including but not limited to POND ROOFING™ its logos, wordmarks, slogans, designs, etc., are proprietary to POND ROOFING or other respective owners that have granted POND ROOFING the right and license to use such Marks. Other marks are the property of their owners. The Marks may not be used in connection with any product or service that is not our product or service, in any manner that is likely to cause confusion among our customers or users of this Website, or in any other manner in violation of the trademark and service mark laws, without the express written consent of POND ROOFING.
2. Other Restrictions.   You agree that you will not decompile, disassemble, reverse engineer, copy, disclose, sell or transfer the underlying source code, structure or sequence of POND ROOFING’s technology. You shall use the Website solely for your own use and shall not allow others to use the Website under or through your account.

Nothing on the Website or elsewhere should be construed to grant any license or right to use, implied or otherwise, of any mark displayed on the Website without the express written permission of POND ROOFING or the third party owner of the mark. POND ROOFING reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by others.

6. WARRANTIES/DISCLAIMERS.POND ROOFING AND ITS AGENTS, OFFICERS, MANAGERS, AFFILIATES, CONTRACTORS, AND EMPLOYEES MAKE NO WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THIS WEBSITE. THE INFORMATION PROVIDED BY POND ROOFING IS PROVIDED “AS IS” AND POND ROOFING EXPRESSLY DISCLAIMS MAKING ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE FITNESS OF THE INFORMATION FOR ANY PARTICULAR USAGE OR PURPOSE, THE MERCHANTABILITY OF THE INFORMATION, ITS FITNESS, APPLICATION OR PURPOSE, ITS INFORMATIONAL CONTENT, OR ITS QUIET ENJOYMENT OR NONINFRINGEMENT.
7. PROHIBITED USES.  You may not use this Website in violation of any applicable law or these terms.  If you violate these terms you risk having any user account assigned to you, or other access, revoked.  Without limiting the foregoing, you may not use this Website for the purpose of (1) infringing upon the intellectual property rights of any party (including POND ROOFING), (2) defaming or slandering any person, (3) engaging in fraud, (4) sending unsolicited commercial electronic mail, (5) violating or attempting to violate the security or integrity of this Website or any of its users, (6) violating any law, (7) misusing the proprietary information or property of others for his or her own purposes or otherwise or (8) posting or transmitting any unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material of any kind, including but not limited to, any material which is injurious to the safety, business or reputation of others, encourages conduct that would constitute a civil or criminal offense, violates the rights of others or otherwise violates any applicable local, state, national, foreign or international law. You also may not misrepresent your identity while using this Website.

You are responsible for, and shall indemnify and hold harmless POND ROOFING and its subsidiaries, divisions, affiliates, agents and representatives against any claim arising from any material that you post or transmit to or through this Website, or via electronic transmission including email, text message, interactive chat, etc., to us. Although POND ROOFING and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions and message boards on the Website, neither POND ROOFING nor its affiliates are under any obligation to do so. You acknowledge that POND ROOFING and its affiliates do not control the information available on any message boards and chat rooms and that any opinions, advice, statements, services, offers, or other information or content presented or disseminated on any message board, or in any chat room are those of their respective authors who are solely liable for their content. POND ROOFING and its affiliates reserve the right, in their sole discretion and without any liability therefore, to edit, refuse to post, or remove any material submitted to or posted on any chat rooms, mail or message boards.

8. RELIANCE ON WEBSITE AND INDEMNIFICATION.By accessing this Website, you agree that in no event will POND ROOFING be liable to you or anyone else for any decisions made or actions taken by you or anyone else based upon or in reliance upon the information provided through this Website. There may be typographical or other errors, including misleading information.  In the event of an error or other content related issue, POND ROOFING reserves the right to correct such error without notification. You further agree to hold POND ROOFING and its agents and representatives harmless against any liability for any loss, claim or damage arising from your use of any information and ideas contained herein or any breach of these terms and conditions, including but not limited to, any direct, indirect, incidental, punitive or consequential damages.
9. LIMITATION ON LIABILITY.BY ACCESSING THIS WEBSITE, YOU AGREE THAT POND ROOFING IS NOT AND MAY NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONDEQUENTIAL DAMAGES ARISNG OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE, EVEN IF POND ROOFING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. MISCELLANEOUS.This Website is created and controlled by POND ROOFING in the commonwealth of Virginia and the laws of Virginia will govern these terms and conditions without giving effect to any principles of conflicts of laws.  You agree to submit to the exclusive jurisdiction and venue of the state courts in Fairfax County, VA (or at the option of POND ROOFING, a United States Federal District Court located in the Alexandria, VA) in resolving any issues arising hereunder.  POND ROOFING may at its sole discretion seek to resolve any issues it chooses by submitting to arbitration under the American Arbitration Association (AAA). Access to the information contained on this Website by persons located outside of the United States may be restricted and POND ROOFING is not responsible for the access of this Website by any such persons.  The invalidity or unenforceability of any provision (or portion thereof) contained in these terms and conditions shall in no way affect the validity or enforceability of any other provision (or portion thereof), each provision being independent of the others and severely enforceable.  No waiver of any portion of these terms and conditions shall be deemed a continuing waiver or shall waive any other provision of these terms and conditions.