Terms of service
Last updated December 16, 2023
TERMS AND CONDITIONS
Last updated December 16, 2023
AGREEMENT TO OUR LEGAL TERMS
We are KTM Exteriors & Recycling, LLC ("Company," "we," "us," "our"), a company registered in New Hampshire, United States at 10 Hazel Drive, Hampstead, NH 03841.
We operate the website http://www.ktmroofingboston.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at 6038950400, email at tara@ktmexteriors.com, or by mail to 10 Hazel Drive, Hampstead, NH 03841, United States.
You and KTM Exteriors & Recycling, LLC agree to these Legal Terms so that you can use the Services. You agree to read, understand, and follow these Legal Terms when you use the Services. YOU MUST STOP USING THE SERVICES RIGHT AWAY IF YOU DON'T AGREE TO ALL OF THESE LEGAL TERMS.
Any extra terms, conditions, or documents that are posted on the Services are included by reference. We can change these Legal Terms at any time and for any reason. We will change the "Last updated" date on these Legal Terms to let you know about any changes. You give up your right to a specific notice. Please check these Legal Terms often to see if there are any changes. If you keep using the Services after any new Legal Terms are posted, you agree to the changes.
The Services are meant for people who are at least 18 years old. People who are younger than 18 are not allowed to use or sign up for the Services.
We suggest that you print out a copy of these Legal Terms to keep for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
7. USER GENERATED CONTRIBUTIONS
12. MODIFICATIONS AND INTERRUPTIONS
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
21. CALIFORNIA USERS AND RESIDENTS
1. OUR SERVICES
When you use the Services, the information you get is not meant to be shared with or used by anyone or anything in any country or jurisdiction where doing so would break the law or regulation or require us to register. So, people who use the Services from other places do so on their own and are responsible for following any local laws that may apply.
You can't use the Services if the laws that apply to your business (HIPAA, FISMA, etc.) apply to your interactions. When using the Services, you can't break the Gramm-Leach-Bliley Act.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We own or have permission to use the source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (together, the "Content") that make up our Services.
US and international copyright, trademark, intellectual property, and unfair competition laws and treaties protect our content and marks.
The Services give you the Content and Marks "AS IS" for your personal, non-commercial use or for your own business needs.
Your use of our Services
As long as you follow these Legal Terms, which include the "PROHIBITED ACTIVITIES" section below, we give you a non-exclusive, non-transferable, and revocable license to:
- use the Services, and
- download or print a copy of any part of the Content that you have properly accessed.
only for your own personal, non-commercial use or for a business purpose.
You can't copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise use any part of the Services, Content, or Marks for business purposes without our written permission.
If you want to use the Services, Content, or Marks in a way that is not allowed by this section or our Legal Terms, please email tara@ktmexteriors.com. If we let you post, copy, or show any part of our Services or Content in public, you must say that we own or license the Services, Content, or Marks and include any copyright or proprietary notice.
We keep all rights to the Services, Content, and Marks that are not clearly given to you.
If you break any of these Intellectual Property Rights, you will be in serious violation of our Legal Terms and will no longer be able to use our Services.
Your submissions
Before using our Services, please read this section and the "PROHIBITED ACTIVITIES" section to understand your (a) rights and (b) obligations when posting or uploading content.
Submissions: You assign us all intellectual property rights in any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions") you directly send us. You agree that we own this Submission and may use and distribute it for any lawful purpose, commercial or otherwise, without compensation.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
- confirm that you have read and agree to our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful;
- to the extent permitted by law, waive all moral rights to Submissions,
- warrant originality or rights, and grant us the above rights; and
- you warrant that your Submissions are not confidential.
You are solely responsible for your Submissions and agree to reimburse us for any losses we may incur due to your breach of (a) this section, (b) third-party intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
You warrant and represent that: (1) you have the legal capacity to use the Services and agree to comply with these Legal Terms; (2) you are not a minor in your jurisdiction; (3) you will not access the Services through automated or non-human means, such as a bot, script, or otherwise; and (4) you will not use the Services for any illegal or unauthorized purpose.
We may suspend or terminate your account and refuse any and all current or future use of the Services if you provide false, inaccurate, outdated, or incomplete information.
4. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You agree to provide current, complete, and accurate purchase and account information for all Services purchases. So we can complete your transactions and contact you, you agree to promptly update account and payment information, including email address, payment method, and payment card expiration date. Sales tax will be added as needed. Price changes are possible at times. Make all payments in USD.
You authorize us to charge your payment provider for all charges at the then-current prices for your purchases and any applicable shipping fees upon placing your order. Even after receiving payment, we reserve the right to correct pricing errors.
We may reject any service order. We reserve the right to limit or cancel quantities per person, household, or order. These restrictions may include orders from the same customer account, payment method, or billing or shipping address. We may limit or prohibit orders from dealers, resellers, or distributors at our sole discretion.
5. POLICY
All sales are final and no refund will be issued.
6. PROHIBITED ACTIVITIES
The Services may only be used for the purpose we provide them. Except for our approved commercial uses, the Services may not be used.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without our written permission.
- To steal passwords or other sensitive account information, deceive us and other users.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict Content use or copying or enforce limitations on Services use and Content.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use Services data to harass, abuse, or harm others.
- Misuse our support services or report abuse or misconduct falsely.
- Disobey laws and regulations when using the Services.
- Framing or linking the Services without permission.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or changes the Services' use, features, functions, operation, or maintenance.
- Use scripts to send comments or messages, data mining, robots, or other automated data gathering and extraction tools.
- Remove copyright or proprietary rights notices from Content.
- Try to impersonate someone or use their username.
- Do not upload or transmit any material that collects or transmits information, such as clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other devices (also known as "spyware" or "passive collection mechanisms" or "pcms").
- Interrupt, burden, or interfere with the Services or their networks or services.
- Threaten or harass any of our employees or agents providing you with Services.
- Try to circumvent any Service security measures.
- Copy or modify the Services' Flash, PHP, HTML, JavaScript, or other code.
- Unless permitted by law, decipher, decompile, disassemble, or reverse engineer any Services software.
- Use, launch, develop, or distribute any automated system, including any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or any unauthorized script or other software, except as may result from a standard search engine or Internet browser usage.
- Consider using a buying agent for service purchases.
- Unauthorized use of the Services includes collecting usernames and email addresses for unsolicited emails or creating user accounts automatically or fraudulently.
- Use the Services to compete with us or for any commercial purpose.
- Sell or transfer your profile.
- Advertise or sell goods and services on the Services.
7. USER GENERATED CONTRIBUTIONS
Content submission and posting are not available on the Services. You may submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, and other material ("Contributions"). Others can view contributions on the Services and third-party websites. Contributions you send may be subject to the Service's Privacy Policy. Create or make available Contributions with the understanding that:
- The creation, distribution, transmission, public display, or performance, and accessing, downloading, or copying of your Contributions will not violate any third party's copyright, patent, trademark, trade secret, or moral rights.
- You own or have the licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and other users to use your Contributions in any manner permitted by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each identifiable individual in your Contributions to use their name or likeness to include and use your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are truthful.
- Your Contributions do not include unsolicited advertising, pyramid schemes, chain letters, spam, mass mailings, or other solicitations.
- We do not find your Contributions obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable.
- Your contributions do not degrade, intimidate, or abuse others.
- Your Contributions are not used to harass, threaten, or incite violence against anyone.
- You don't break any laws with your contributions.
- Your Contributions do not violate third-party privacy or publicity rights.
- Your Contributions do not violate child pornography laws or other laws protecting minors.
- Contributions do not include offensive race, national origin, gender, sexual preference, or physical handicap comments.
- No other material in your Contributions violates these Legal Terms or any applicable law or regulation.
Use of the Services in violation of these Legal Terms may result in termination or suspension of your rights to use the Services.
8. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use your personal data in accordance with the Privacy Policy and your settings.
You consent to our use and sharing of your Service feedback without compensation.
No ownership claim exists over your Contributions. You own your Contributions and any intellectual property or proprietary rights associated with them. Your statements or representations in your Contributions to the Services are not our responsibility. Your Services Contributions are solely your responsibility, and you agree to exonerate us from all liability and refrain from legal action against us.
9. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such user to law enforcement authorities; and (3) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of.
10. PRIVACY POLICY
Secure and private information is important to us. This is our Privacy Policy, which you should read: __________. As an integral element of these Legal Terms, by using the Services, you consent to our Privacy Policy. Just a friendly reminder that the Services are headquartered in the US. Your consent to have your data transferred to and processed in the United States is implicit in your use of the Services from countries with which the United States does not have standard data collection, use, or disclosure laws.
11. TERM AND TERMINATION
The Legal Terms are in effect for the duration of your use of the Services. THERE IS A POSSIBILITY THAT SPECIFIC IP ADDRESSES MAY BE BLOCKED, AND ACCESS TO AND USE OF THE SERVICES MAY BE DENIED TO ANYONE FOR ANY REASON OR NO REASON AT ALL. THIS IS ENTIRELY AT OUR DISCRETION AND MAY OCCUR WITHOUT PRIOR NOTICE OR LIABILITY. THIS INCLUDES THE VIOLATION OF ANY REPRESENTATION, WARRANTY, OR COVENANT OUTLINED IN THESE LEGAL TERMS OR ANY RELEVANT LAW OR REGULATION. WE RETAIN THE RIGHT TO TERMINATE YOUR ACCESS TO OR PARTICIPATION IN THE SERVICES, AS WELL AS TO REMOVE ANY CONTENT OR INFORMATION YOU SUBMIT, WITHOUT PRIOR NOTICE.
You are prohibited from creating a new account under your own name, a fictitious name, or the name of another individual, regardless of whether it is on their behalf or if your account is closed or suspended for any reason. Along with the potential for account closure or suspension, we may also pursue civil, criminal, and injunctive relief.
12. MODIFICATIONS AND INTERRUPTIONS
We can change, change, or remove the content of the Services at any time and without notice. You don't have to keep our Services' information up to date. We might also change or stop the Services without telling you. If we change, stop, or end the Services, we won't owe you or anyone else anything.
There's no way for us to know for sure that our service will always be on. Service maintenance and problems with hardware, software, or other things can slow things down, make mistakes, or stop them completely. We can always update, change, stop, suspend, or do something else different with the Services. You agree that we are not responsible for any loss, damage, or trouble that you may experience because of service interruptions or downtime. These Legal Terms say that we are not in charge of fixing, updating, or releasing the Services or making sure they stay up and running.
13. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and interpreted according to the laws of New Hampshire. This is true even if the agreements were made and are to be fully carried out in another state.
14. DISPUTE RESOLUTION
Informal Negotiations
If you or we have a disagreement, controversy, or claim about these Legal Terms (each a "Dispute" and together, the "Disputes"), we will first try to work it out informally for at least thirty (30) days before going to arbitration. One party sends a written notice to the other to start informal talks.
Binding Arbitration
If informal negotiations don't work, binding arbitration will settle disputes (except those that are specifically listed below). You know that if this clause wasn't there, you could sue in court and have a jury trial. The arbitration will be governed by the American Arbitration Association ("AAA") Commercial Arbitration Rules and, if applicable, the AAA Consumer Rules. You can find these rules on the American Arbitration Association ("AAA") website. The AAA Consumer Rules will limit the fees you have to pay for arbitration and the pay you get for being an arbitrator. If the arbitrator thinks the fees and costs are too high, we will pay them all. You can submit documents, call, go online, or meet in person to arbitrate. The arbitrator will write down a decision without giving any reasons, unless one of the Parties asks for it. The award may be challenged if the arbitrator breaks the law. Unless AAA rules or the law say otherwise, arbitration will be held in Rockingham, New Hampshire. Except as otherwise stated in this document, the Parties may go to court to force arbitration, put the case on hold until arbitration, or confirm, change, cancel, or enter judgment on the arbitrator's award.
If a dispute goes to court instead of arbitration, it will start or be heard in Rockingham, New Hampshire, state and federal courts. The Parties agree to this and give up all defenses of lack of personal jurisdiction and forum non conveniens. The UN Convention on Contracts for the International Sale of Goods and UCITA are not included in these Legal Terms.
No Dispute about the Services can be filed more than a year after the cause of action happened. If this clause is found to be illegal or impossible to enforce, neither Party will choose to arbitrate any Dispute that falls under that clause, and the Parties agree to submit to the personal jurisdiction of a court of competent jurisdiction within the courts listed above.
Restrictions
The Parties agree to settle only their own disagreements through arbitration. To the fullest extent allowed by law, (a) no arbitration shall be consolidated with any other proceeding; (b) no Dispute may be arbitrated on a class-action basis or employ class-action procedures; and (c) no Dispute may be initiated in a supposed representative capacity on behalf of the public or others.
Exceptions to Informal Negotiations and Arbitration
The parties agree that informal negotiations or binding arbitration cannot settle the following disputes: (a) any disputes about enforcing or protecting, or the validity of, a party's intellectual property rights; (b) any disputes about, or arising from, claims of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claims for injunctive relief. This provision says that neither Party can choose to arbitrate any Dispute that is illegal or can't be enforced. The Parties agree to let a court with the right jurisdiction handle their case as described above.
15. CORRECTIONS
There may be mistakes, typos, or missing information in the descriptions, prices, availability, and other information on the Services. We have the right to fix mistakes, inaccuracies, and omissions, as well as change or add to Service information without letting you know first.
16. DISCLAIMER
THE SERVICES ARE AVAILABLE, AS IS. YOU AGREE THAT USING THE SERVICES IS AT YOUR OWN RISK. WE DO NOT WARRANT THE SERVICES OR YOUR USE OF THEM IN ANY WAY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE INFORMATION ON THE SERVICES OR ANY WEBSITES OR MOBILE APPS LINKED TO THEM IS ACCURATE OR COMPLETE. WE ARE NOT RESPONSIBLE FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS AND USE OF THE SERVICES, OR (3) UNAUTHORIZED ACCESS TO THE SERVICES. WE DO NOT GUARANTEE, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY LINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION DISPLAYED IN ANY BANNER OR OTHER ADVERTISING. WE WILL ALSO NOT BE INVOLVED IN OR MONITOR YOUR TRANSACTIONS WITH THIRD-PARTY PRODUCTS OR SERVICE PROVIDERS. USE YOUR BEST JUDGMENT AND BE CAREFUL WHEN BUYING SOMETHING, AS YOU WOULD WITH ANY OTHER PURCHASE.
17. LIMITATIONS OF LIABILITY
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY, WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES. CERTAIN U.S. AND INTERNATIONAL LAWS DO NOT LIMIT IMPLIED WARRANTIES OR DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS.
18. INDEMNIFICATION
We reserve the right, at your expense, to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties; and (4) Upon discovery,
19. USER DATA
To manage the performance of the Services, we will store the data you transmit to them as well as your use of them. We regularly backup data, but you are solely responsible for any data you transmit or use the Services for. We are not liable for any loss or corruption of such data, and you waive any claims against us.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Electronic communication includes sending emails, visiting the Services, and filling out online forms. You agree to receive electronic communications and agree that any agreements, notices, disclosures, or other communications sent to you by email or through the Services are legally valid written communications. WE AGREE TO ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS NOTICES, POLICIES, AND TRANSACTION RECORDS THAT WE START OR FINISH THROUGH THE SERVICES. You give up all of your rights and responsibilities under any laws, rules, regulations, ordinances, or other laws in any jurisdiction that require an original signature, the delivery or keeping of non-electronic records, or the transfer of money or credit in a way that is not electronic.
21. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
22. MISCELLANEOUS
All involved parties agree to these Legal Terms and any policies or rules for using the Services. You don't have to use or enforce any Legal Terms rights or provisions just because you don't do so. Legal Terms are used in every way possible. We can always give and take away rights and duties. We are not responsible for loss, damage, delays, or failures to act that are out of our control. Some parts of these Legal Terms are not enforceable, but that doesn't mean the other parts aren't valid or enforceable either. You and we are not partners in a business, employees of each other, or agents of each other under these Legal Terms or the Services. By writing these Legal Terms, you agree that they won't be used against us. All defenses are waived because these Legal Terms are electronic and neither party has signed them.
23. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
KTM Exteriors & Recycling, LLC
10 Hazel Drive
Hampstead, NH 03841
United States
Phone: 6038950400
Fax: 6034892970
tara@ktmexteriors.com