These terms and conditions (“Payment Terms”) apply to any payment you make to us using a credit or debit card (“Service”). As used in these Payment Terms, “we,” “us,” and “our” refer to Rackley Roofing Company, Inc. and our current and future affiliates. “You” and “your” refer to the person giving this consent and to any person you are authorized to represent with respect to use of the Service. By authorizing payment(s) to us in connection with the Service, you are accepting and agreeing to these Payment Terms.

USER CONDUCT:

In using the Site, you agree:

1. Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked web sites;

2. Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Sites;

3. Not to upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;

4. Not to use or attempt to use or access another’s person account, or business, commercial or personal information, or create or use a false identity on the Site;

5. Not to attempt to obtain unauthorized access to the Site or portions of the Site, which are restricted from general access; and

6. Not to use any robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the Site including, but not limited to, personally identifiable information of any other use of the Site.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state and federal laws and regulations, that relate to your use of or activities on the Site.

WEB SITE-SPECIFIC COLLECTION OF INFORMATION

When you visit the Site, our web servers may collect the name of the domain you used to access the Internet and the web site you came from and visit next. This information is used by us and our business partners to measure the number of visits, average time spent, page views, and other statistics about visitors to our web site in general. We also use this data to monitor site performance and to make the site easier and more convenient to use.

WEB SITE SECURITY

The Site uses encryption and authentication tools to protect the personal information you submit to us on-line, including Secure Socket Layer (SSL) encryption technology.

Payment Authorization

• Payment(s) through the Service may only be made with a credit card or debit card that we accept and that has been issued to you as the cardholder, and for which you have provided us with the information we require to process payments (“Card”). We may elect to accept or decline any credit card or debit card for any reason, in our sole discretion.
• You are authorizing us to obtain payment of all fees you incur or agree to incur for the Service, either now or any time in the future, via charge(s) to the account accessed using the Card.
• If you agree to a recurring payment, you are authorizing regularly scheduled charges to the Card. You will be charged the applicable payment for each billing period. A receipt for each payment will be provided to you at the email address you have provided to us, and the charge will appear on the next periodic statement you receive for transactions on your Card. You agree that we are not required to provide you with prior notification of recurring payments unless the date or amount of the payment changes, in which case we will send you a notice, addressed to the email address you have provided to us.
• If any payment date falls on a weekend or holiday, the payments may be processed on the next business day.
• If a recurring payment is not authorized, we will send you a notice at the email address you have provided to us. You will have 7 calendar days from that date to make alternative arrangements to make the payment. If the payment is not made, we may cancel your access to the Service and/or any arrangement you have agreed to within the Service.
• The authorization to charge your Card will remain in effect until you cancel it in accordance with the procedures we establish, which may change from time to time and will be described on our website. You may cancel this authorization at any time, provided that you notify us at least 15 days prior to the next billing date.

Payment Information

• The Card information supplied at the time of using Service is processed by our payment service provider (“Payment Processor”). We do not retain any information concerning the Card except for the type of Card, the last four digits, expiration date, name, and address . The Payment Processor may retain additional information concerning you and your Card. Use of the information by the Payment Processor is governed by the Payment Processor’s privacy policy.
• The service is provided using the Payment Processor through a secure website. However, you acknowledge that your personal information, including without limitation Card information, transmitted over the Internet may be susceptible to interception, misuse, hacking, theft and/ or fraud.

Your Responsibilities

• You are responsible for assuring that all the information provided as part of the Service, including information concerning the Card and Card data, is correct, accurate and complete.
• Each time you authorize a one-time or recurring payment, or provide information concerning your Card, you are representing, warranting, and confirming that:

• You are over 18 years of age;
• You have the appropriate authority to accept and agree to these Payment Terms;
• You are the holder of the Card and the Card is issued in your name;
• You are authorized to make and authorize payments using the Card; and
• There are sufficient funds and/or sufficient credit available on the Card account at the time each payment is processed to fund the payment in full.

• You agree to notify us of any changes in the account information for your Card at least 15 days prior to the next billing date. You agree to notify us of any change to your contact information, including without limitation your email address.
• You are responsible for any charges or fees assessed against the Card by the Card issuer or any other third party.
• You agree to read these Payment Terms before using the Service and authorizing payments.

You should retain a copy of your transaction authorization(s) and these Payment Terms.

TELEPHONE AND COMMUNICATION CHARGES AND EQUIPMENT:

You acknowledge that you have the appropriate computer equipment and Internet access to use the Site and understand that your use of the Internet may incur certain operational costs such as monthly fees for a service provider. You are solely responsible for any and all telephone and other communications charges and equipment costs relating to your use of the Site. All transmissions by you via the Site shall be at your sole risk and the Issuer will not be responsible for any communications line failure, equipment or systems failure or other such occurrence.

Limitations on Liability and Exclusion of Warranties

• We and/or the Payment Processor are not liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall we and/or the Payment Processor be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the processing of payments or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Service.
• NEITHER WE NOR THE PAYMENT PROCESSOR MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO PROCESSING OF PAYMENTS UNDER THESE PAYMENT TERMS.

DISCLAIMER:

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE ISSUER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. THE ISSUER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE ISSUER MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THE ISSUER DOES NOT MAKE ANY WARRANTY THAT YOUR USE OF THIS SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE ISSUER ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES THAT MAY BE SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSSES FROM DELAYS, NONDELIVERIES OF CONTENT OR ANY COMMUNICATIONS, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR MISCOMMUNICATIONS, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF THE ISSUER, ITS AFFILIATES, ITS LICENSORS, OR YOUR OWN ERRORS AND/OR OMISSIONS. THE SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Amendment and Cancellation of Payment Terms

We may amend these Payment Terms at any time without giving prior notice. Any amendment applies to payments and transactions that occur after the date the amendment is effective. We may change, suspend, or terminate the availability or features of online payments at any time, without prior notice.

Governing law

These Payment Terms will be governed by the law of the state of Tennessee without regard to choice or conflicts of law provisions.