Legal Agreement

Terms & Conditions

JW Roofing and Construction, LLC  ·  State of Florida  ·  Last Updated: June 19, 2025  ·  Effective: June 18, 2025

Please read these Terms carefully. By accessing our website, requesting our services, or entering into any service agreement with JW Roofing and Construction, LLC, you agree to be legally bound by these Terms and Conditions in their entirety. If you do not agree to these Terms, do not use our website or services.

Definitions

As used in these Terms and Conditions, the following terms have the meanings set forth below:

"Agreement" or "Terms" means these Terms and Conditions, as amended from time to time, together with any incorporated policies or separately executed Project Agreements.

"Client," "You," or "Your" means any individual, homeowner, commercial property owner, property management company, general contractor, developer, or other entity that accesses our website, submits a service inquiry, enters into a Project Agreement, or otherwise engages with the Company in any capacity.

"Company," "we," "us," or "our" means JW Roofing and Construction, LLC, a limited liability company organized under the laws of the State of Florida.

"Content" means all text, graphics, images, logos, data, documents, and other materials available on or through the Company's website.

"Estimate" or "Proposal" means a written document prepared by the Company outlining the anticipated scope of work, materials, and pricing for a proposed project. An Estimate does not constitute a binding contract until accepted in writing by both parties and formalized into a Project Agreement.

"Personal Information" means any information that identifies or can reasonably be used to identify a specific individual, including name, email address, phone number, property address, billing information, and internet activity data linked to that individual.

"Project" or "Work" means any roofing, construction, repair, renovation, installation, or related work performed by the Company at the Client's property pursuant to a Project Agreement.

"Project Agreement" or "Service Agreement" means any individually negotiated written contract between the Company and a Client specifying the scope of work, materials, pricing, timeline, payment terms, and other conditions of a specific Project.

"Services" means all roofing, construction, repair, renovation, inspection, consultation, and ancillary services provided by the Company, as further described in Section 3.

"Site" or "Property" means the physical location at which the Company performs the Project, as specified in the applicable Project Agreement.

"Website" means the Company's website and all related pages, subdomains, and digital assets owned or operated by JW Roofing and Construction, LLC.

Acceptance of Terms & Legal Capacity

2.1 Binding Agreement. These Terms constitute a legally binding agreement between You and JW Roofing and Construction, LLC. By accessing our Website, requesting a quote or estimate, submitting a service inquiry, entering into any Project Agreement, or otherwise engaging with the Company, You agree to be fully bound by these Terms.

2.2 Authority to Bind. If You are acting on behalf of a business entity, property management company, developer, or other organization, You represent and warrant that You have full legal authority to bind that entity. If You do not have such authority, You must not accept these Terms or engage our Services on behalf of that entity.

2.3 Age Requirement. You must be at least eighteen (18) years of age to use our Services, engage with our Website in any transactional capacity, or enter into a binding contract with the Company. By using our Services, You represent and warrant that You meet this requirement.

2.4 Continued Use. Your continued use of our Website or Services following the posting of any changes to these Terms constitutes Your acceptance of the revised Terms. It is Your responsibility to review these Terms periodically.

2.5 Rejection of Terms. If You do not agree to be bound by these Terms in their entirety, You must immediately cease use of our Website and must not engage our Services.

Description of Services

3.1 General Scope. JW Roofing and Construction, LLC is a Florida-based licensed roofing and construction contractor providing residential and commercial services throughout the State of Florida. Our Services are performed by licensed, insured professionals in compliance with applicable Florida building codes, local ordinances, and industry standards.

Service Offerings

Our Services may include, without limitation:

  • Roof Installation & Replacement: Complete removal of existing roofing systems and installation of new roofing materials including shingles, metal, tile, flat/low-slope systems, and related components;
  • Roof Repair: Targeted repair of damaged, leaking, or deteriorated roofing systems, including patching, flashing repair, and leak remediation;
  • Roof Inspection & Assessment: Professional inspection services for pre-purchase evaluations, insurance claims, storm damage assessments, and routine maintenance reviews;
  • General Construction Services: Residential and commercial construction, renovation, and remodeling work including structural repairs, exterior improvements, and related trade services;
  • Storm Damage Restoration: Emergency and scheduled restoration services following hurricane, wind, hail, or water damage, including insurance claim assistance and documentation;
  • Gutters & Drainage: Installation, repair, and replacement of gutter systems, downspouts, and related drainage components;
  • Additional Services as may be offered from time to time, subject to separate written agreements and licensing requirements.

3.2 Service Area. All Services are provided within the Company's then-current service area in the State of Florida. We reserve the right to modify or restrict our service area at any time with reasonable notice to active Clients.

3.3 Service Standards. JW Roofing and Construction, LLC shall perform all Services in a workmanlike manner, using materials of good quality, in compliance with applicable Florida building codes, manufacturer specifications, and industry best practices. The Company holds all licenses required by the State of Florida and applicable local jurisdictions for the performance of its Services.

3.4 Right to Modify. The Company reserves the right to modify, suspend, or discontinue any Service offering at any time, with reasonable notice to affected Clients. Material changes to contracted Services will be handled in accordance with the applicable Project Agreement.

Eligibility, Registration & Account Security

4.1 Eligibility. Our Services are available to homeowners, commercial property owners, property managers, general contractors, developers, and other parties with legal authority over the property at which Services are to be performed, within our service area in the State of Florida.

4.2 Accurate Information. You agree to provide accurate, complete, and current information in all dealings with the Company, including property address and ownership status, contact information, insurance information (where applicable), and scope of work descriptions. Providing false or misleading information is a material breach of these Terms.

4.3 Account Security. Where account or portal access is offered, You are solely responsible for maintaining the confidentiality of your credentials. You agree to notify the Company immediately upon becoming aware of any unauthorized access. The Company shall not be liable for any loss arising from your failure to safeguard your credentials.

4.4 Right to Refuse Service. The Company reserves the right, at its sole discretion, to decline, suspend, or terminate any service relationship, including where: the Client has provided false information; the property presents unsafe working conditions that cannot be reasonably mitigated; the Client has failed to pay amounts due; or the requested work would violate applicable law, building codes, or licensing requirements.

Estimates, Proposals & Project Agreements

5.1 Estimates Are Not Binding Contracts. All written estimates, proposals, and quotes provided by the Company are offers to perform work at the stated price and scope. An estimate does not constitute a binding contract and does not obligate the Company to commence work. Work commences only upon execution of a written Project Agreement signed by both parties and receipt of any required deposit.

5.2 Estimate Validity. All estimates are valid for the period stated therein, or if no period is stated, for thirty (30) calendar days from the date of issuance. After expiration, the Company reserves the right to revise pricing to reflect changes in material costs, labor rates, or project conditions.

5.3 Scope of Work. The Project Agreement governs the specific scope, materials, timeline, and price of each Project. Any work requested by the Client beyond the scope stated in the Project Agreement ("Change Orders") must be agreed to in writing before additional work commences. The Company is not obligated to perform work outside the agreed scope, and Change Orders may affect project pricing and timeline.

5.4 Unforeseen Conditions. In the event that hidden or unforeseen conditions are discovered during the performance of a Project (including but not limited to: rotted decking, structural damage, mold, code violations in existing construction, or hazardous materials), the Company will notify the Client promptly and provide a written Change Order for any additional work or materials required. The Company reserves the right to suspend work pending Client approval of a Change Order where such conditions materially affect the scope, safety, or cost of the Project.

5.5 Material Substitutions. The Company shall make commercially reasonable efforts to use the materials specified in the Project Agreement. Where specified materials are unavailable, discontinued, or subject to significant price increases after execution of the Project Agreement, the Company may substitute materials of equivalent or superior quality upon written notice to the Client.

5.6 Project Timeline. Any project timelines stated in the Project Agreement are estimates only and are subject to change due to weather conditions, material availability, permitting delays, labor availability, or other factors beyond the Company's reasonable control. The Company shall not be liable for delays attributable to such factors.

Licensing, Permits & Code Compliance

6.1 Contractor Licensing. JW Roofing and Construction, LLC holds all required licenses for the performance of roofing and construction services in the State of Florida pursuant to Florida Statutes Chapter 489 (Construction Contracting) and applicable local licensing requirements. Copies of applicable licenses are available upon written request.

6.2 Permits. Where required by applicable law or local building authority, the Company will obtain necessary building permits prior to commencing work, unless otherwise agreed in writing. Permit fees, where not included in the Project Agreement, will be passed through to the Client at cost. The Client is responsible for ensuring that any prior work on the property was properly permitted and does not create code compliance issues that affect the current Project.

6.3 Code Compliance. All work performed by the Company shall comply with applicable Florida Building Code provisions, local amendments, and manufacturer installation specifications required to maintain material warranties. Where existing conditions at the Site do not meet current code requirements, the Company may be required to bring affected areas into compliance as part of the Project, which may result in additional cost communicated via Change Order.

6.4 Inspections. Where building inspections are required by permit, the Company will coordinate scheduling with the applicable building authority. The Client is responsible for ensuring reasonable access to the property for inspection purposes. Delays caused by the Client's failure to provide access may affect the project timeline and may result in additional fees.

Important: Performing roofing or construction work without required permits may result in fines, required demolition of completed work, and inability to sell the property. The Company strongly advises against waiving permit requirements where required by law.

Payment Terms & Invoicing

7.1 Pricing. All pricing is specified in the applicable Project Agreement or written estimate accepted by the Client. No verbal quotations shall be binding. The Company reserves the right to adjust pricing in the event of material cost increases, Change Orders, or unforeseen site conditions as described in Section 5.

7.2 Deposit. Unless otherwise stated in the Project Agreement, the Company may require a deposit prior to commencing work, the amount of which will be specified in the applicable Project Agreement or estimate. Deposits are applied toward the total project cost and are non-refundable in the event the Client cancels the project after materials have been ordered or work has commenced, except as otherwise provided in Section 9.

7.3 Progress Payments. For larger projects, the Company may invoice for payment in installments based on project milestones as specified in the Project Agreement. Each milestone invoice is due and payable upon presentation unless otherwise stated.

7.4 Final Payment. Final payment is due upon substantial completion of the Project as defined in the Project Agreement, or upon the Company's presentation of a final invoice, whichever occurs first. The Company reserves the right to withhold final completion documentation, lien releases, and warranty certificates until final payment has been received in full.

7.5 Payment Method. Payment must be made by the method(s) specified in the Project Agreement. The Company reserves the right to require payment by check, electronic funds transfer, ACH, or credit card as specified. Payments by credit card may be subject to a processing fee as disclosed at the time of payment.

7.6 Taxes. The Client is responsible for all applicable sales taxes, use taxes, permit fees, and governmental assessments related to the Services, except for taxes imposed on the Company's own net income. Applicable taxes will be itemized on invoices where required by law.

Late Payments, Disputed Charges & Collections

8.1 Late Payment Fees. Payments not received by the due date specified in the applicable Project Agreement or invoice may be subject to a late payment fee and/or interest at the maximum rate permitted by applicable Florida law. The Company reserves the right to waive late fees in isolated cases, which shall not constitute a course of dealing or ongoing obligation to waive future late fees.

8.2 Suspension for Non-Payment. The Company reserves the right to suspend work on any active Project in the event of non-payment of any amount due, with written notice to the Client. Suspension of work due to non-payment does not relieve the Client of its obligation to pay all amounts outstanding, including amounts that accrued during the suspension period.

8.3 Mechanic's Lien Rights. The Company expressly reserves all rights to file a mechanic's lien against the Client's property under Florida's Construction Lien Law, Florida Statutes Chapter 713, in the event of non-payment for labor, materials, or services provided. The Company will provide required preliminary notices in accordance with applicable Florida law. Filing of a lien does not waive the Company's right to pursue collection through other legal means.

8.4 Disputed Charges. The Client must notify the Company in writing of any disputed charge within fifteen (15) calendar days of the invoice date, identifying the specific invoice, the disputed amount, and the basis for the dispute. Failure to dispute a charge within this period constitutes acceptance. Charges confirmed as valid remain due and payable, including any accrued late fees.

8.5 Collections. In the event the Company refers any unpaid balance to a third-party collection agency or retains legal counsel to collect overdue amounts, the Client shall be responsible for all reasonable collection costs, attorney's fees, and court costs, to the extent permitted by applicable Florida law.

8.6 No Set-Off. The Client may not withhold or offset any amounts owed to the Company against any claim or counterclaim without the Company's prior written consent.

Cancellation, Termination & Modification

9.1 Client Cancellation. Cancellation rights are governed by the applicable Project Agreement. Written notice of cancellation must be submitted via email to the Company's contact address. Verbal cancellations are not accepted and have no legal effect. Where the Client cancels after materials have been ordered or fabricated, or after work has commenced, the Client shall be responsible for the cost of all materials ordered and work performed to the date of cancellation, plus any applicable restocking or cancellation fees.

9.2 Right of Rescission. Where applicable under Florida law, residential Clients may have a right of rescission for contracts entered into at a location other than the Company's permanent place of business. Where such right exists, it will be disclosed in the applicable Project Agreement in compliance with applicable law.

9.3 Company Suspension. The Company may suspend work immediately, with notice as practicable, in the event of: (a) non-payment; (b) material breach by the Client; (c) discovery of unforeseen conditions requiring a Change Order that the Client has not approved; (d) weather or safety conditions making work impractical or unsafe; or (e) any force majeure event described in Section 24.

9.4 Company Termination. The Company may terminate a Project Agreement for cause where the Client has materially breached any obligation and has not cured such breach within a reasonable time. In the event of such termination, the Client shall pay for all work performed and materials procured through the date of termination. The Company may also terminate for convenience with written notice, in which case the Client shall receive a refund of any prepaid amounts for work not yet performed, less the cost of materials ordered and work completed.

9.5 Effect of Termination. Upon termination: (a) all amounts owed for work performed become immediately due and payable; (b) the Company's license to access the property terminates upon completion of any required demobilization; and (c) the Company's mechanic's lien rights are preserved for all amounts due and unpaid at the time of termination.

Acceptable Use & Prohibited Conduct

When accessing our Website or engaging our Services, You agree not to engage in any of the following:

  • Using our Website or Services for any unlawful, fraudulent, or deceptive purpose;
  • Submitting false, misleading, or fraudulent information to the Company, including misrepresenting property ownership or authority to authorize work;
  • Interfering with or attempting to gain unauthorized access to our Website, servers, or systems;
  • Using automated tools, bots, scrapers, or data mining utilities to extract information from our Website without prior written consent;
  • Uploading or transmitting viruses, malware, or other harmful code to our Website or systems;
  • Harassing, threatening, or engaging in abusive or discriminatory conduct toward any employee, subcontractor, or representative of the Company;
  • Directing or attempting to direct Company employees or subcontractors to perform work outside the scope of the Project Agreement, or to deviate from safety or code compliance requirements;
  • Reproducing or commercially exploiting any Content from our Website without prior written authorization;
  • Misrepresenting insurance claim status, coverage, or adjuster communications in connection with any Project.

Violations may result in immediate suspension or termination of Services, pursuit of applicable legal remedies, and recovery of damages, attorneys' fees, and costs.

Property Access, Site Conditions & Client Responsibilities

11.1 Access to Property. By entering into a Project Agreement, the Client grants JW Roofing and Construction, LLC, its employees, subcontractors, and authorized personnel a limited, non-exclusive license to access the property at which the Project is to be performed for the purpose of performing the contracted Services, including site assessment, material delivery, work performance, and final inspection.

11.2 Client Preparation Responsibilities. Prior to the commencement of work, the Client is responsible for:

  • Removing or protecting personal property, vehicles, and valuables from the work area and areas that may be affected by falling debris, dust, or vibration;
  • Ensuring pets are secured and kept away from the work area for the duration of the Project;
  • Disclosing any known hazardous materials on the property (including asbestos, lead paint, or mold) prior to work commencement;
  • Ensuring that all utilities, access gates, alarm systems, and HOA approvals are properly arranged and available;
  • Notifying neighbors of upcoming construction activity where required by local ordinance or HOA rules.

11.3 Site Safety. The Company maintains the right to establish and enforce safety protocols at the work site, including restricting access to the active work area for the safety of occupants, bystanders, and personnel. The Client agrees not to interfere with or circumvent safety measures established by the Company or required by applicable OSHA regulations (29 C.F.R. Part 1926).

11.4 Concealed or Hazardous Conditions. The Company is not responsible for damage to or removal of materials containing asbestos, lead, mold, or other hazardous substances unless expressly included in the Project Agreement. If such materials are encountered during work, the Company will notify the Client and may suspend work pending professional remediation at the Client's cost and direction.

11.5 Incidental Property Effects. The Client acknowledges that roofing and construction work may result in incidental effects to the property including noise, vibration, dust, temporary debris accumulation, and minor cosmetic disturbance to landscaping, siding, or interior finishes in close proximity to the work area. The Company shall take reasonable precautions to minimize such effects but shall not be liable for incidental or minor disturbances inherent in the nature of the contracted work.

11.6 Property Damage Claims. Written notice of any property damage claim must be provided to the Company within forty-eight (48) hours of the alleged incident. Claims submitted after this period may not be honored. All property damage claims are subject to the limitation of liability in Section 20.

Workmanship, Materials & Warranties

12.1 Workmanship Warranty. Unless otherwise stated in the applicable Project Agreement, JW Roofing and Construction, LLC provides a workmanship warranty on labor for the period specified in the Project Agreement, covering defects in installation directly attributable to the Company's work. This warranty does not cover damage caused by: acts of God (including hurricanes, hail, wind, or flooding); Client or third-party modifications to the completed work; normal wear and tear; improper maintenance; or pre-existing conditions not addressed in the Project Agreement.

12.2 Manufacturer Material Warranties. Materials installed by the Company may be covered by separate manufacturer warranties, the terms of which are determined by the respective manufacturer. The Company will make commercially reasonable efforts to register applicable manufacturer warranties on the Client's behalf where such registration is available. Manufacturer warranties are governed solely by the manufacturer's terms and the Company makes no representation regarding the scope or enforceability of manufacturer warranties.

12.3 Warranty Claims. To make a warranty claim, the Client must notify the Company in writing within the applicable warranty period, describing the defect in reasonable detail. The Company will inspect the claimed defect and, if covered by the workmanship warranty, will repair or replace the defective work at no additional cost to the Client. Warranty claims do not extend the original warranty period.

12.4 Warranty Exclusions. The workmanship warranty shall be void and the Company shall have no obligation if: the Client has not paid all amounts due under the Project Agreement; the completed work has been modified, altered, or repaired by a party other than the Company without prior written consent; or the Client has failed to maintain the completed work in accordance with manufacturer recommendations and applicable maintenance guidelines.

⚠️ Insurance Claims: Where a Project is being funded in whole or in part by an insurance claim, the Client is responsible for ensuring that all insurance proceeds are properly applied to the Project. The Company may require documentation of insurance coverage and adjuster approval prior to commencing work. The Company does not guarantee that completed work will satisfy all insurance requirements.

Health, Safety & Environmental Compliance

13.1 OSHA Compliance. The Company maintains workplace safety practices in compliance with applicable OSHA regulations, including 29 C.F.R. Part 1926 (Safety and Health Regulations for Construction). All Company employees and subcontractors working on-site are required to comply with applicable safety standards, including fall protection, personal protective equipment, and hazard communication requirements.

13.2 Client Safety Obligations. The Client agrees to cooperate with all reasonable safety requests by the Company, including providing unobstructed access to work areas, maintaining safe conditions in adjacent areas, and ensuring that no unauthorized persons (including children) access active work zones during the course of the Project.

13.3 Environmental Compliance. The Company shall dispose of all construction debris, removed roofing materials, and waste generated during the Project in compliance with applicable federal, state, and local environmental regulations, including applicable provisions of the Florida Department of Environmental Protection guidelines. Removal and disposal of debris is included in the Project scope unless otherwise stated in the Project Agreement.

13.4 Hazardous Materials. The Company's standard Services do not include the identification, abatement, or disposal of hazardous materials, including asbestos-containing materials, lead-based paint, mold, or other regulated substances. Where such materials are discovered during a Project, the Company will notify the Client and the Project may be suspended pending remediation by a licensed hazardous materials contractor. Additional costs associated with hazardous materials handling are the Client's responsibility.

13.5 Right to Suspend for Safety. The Company reserves the right to immediately suspend work where conditions at the Site present an imminent safety risk to Company personnel, subcontractors, or third parties, pending resolution of the identified safety concern. The Company will notify the Client of any such suspension and the nature of the safety concern as promptly as practicable.

Tracking Technologies & Cookies

When You visit the JW Roofing and Construction, LLC website, we and our authorized third-party service providers use cookies and similar tracking technologies to collect information about your visit, improve Website functionality, and analyze usage patterns. By using our Website, You consent to such use as described herein.

We use Google Analytics to collect anonymized, aggregated data about how visitors interact with our Website, including pages visited, session duration, device type, and approximate geographic location. Google Analytics data is collected with IP anonymization enabled and is not used to personally identify individual visitors. You may opt out at any time by installing the Google Analytics Opt-Out Browser Add-On at tools.google.com/dlpage/gaoptout.

Our Website may use strictly necessary cookies (required for basic site function), performance and analytics cookies (Google Analytics), functionality cookies (form memory and preference storage), and marketing cookies (where advertising campaigns are active). You may control non-essential cookies through your browser settings.

Our Website does not currently respond to "Do Not Track" browser signals. Children under the age of thirteen (13) are not permitted to use our Website or Services.

⚠️ For complete cookie disclosures, specific cookie names, retention periods, opt-out mechanisms, and all tracking technology details, please review our full Privacy Policy & Cookie Policy available on our Website.

Privacy & Data Protection

JW Roofing and Construction, LLC collects personal information you provide voluntarily (including name, email, phone number, and property address), commercial and project information (estimates, agreements, billing records), and technical data collected automatically through our Website (including IP address and browsing activity). We use this information to provide and manage our Services, communicate with Clients, process payments, comply with legal obligations, and improve our Website and marketing.

We do not sell, rent, or trade your personal information to third parties for their own marketing purposes. We share information only with service providers who assist us in delivering our Services (subject to confidentiality obligations), with professional advisors, and as required by applicable law.

We implement commercially reasonable technical and administrative safeguards to protect your personal information, including HTTPS encryption, access controls, and secure data storage. In the event of a breach affecting your personal information, we will notify you as required by Florida Statutes § 501.171 and other applicable law.

You have rights to access, correct, and delete your personal information held by us. To exercise these rights, contact us in writing at the email address in Section 32.

For complete privacy disclosures including your full rights under Florida law, CCPA/CPRA, and GDPR, please review our Privacy Policy & Cookie Policy available on our Website.

Electronic Communications

16.1 Consent. By engaging with our Website, submitting a service inquiry, or entering into a Project Agreement, You consent to receive communications from the Company electronically, including by email. You agree that electronic communications satisfy any legal requirement that such communications be "in writing."

16.2 Notices to the Company. Any written notice required under these Terms must be sent to the Company's contact email address as set forth in Section 32, unless otherwise specified in a Project Agreement. Email notices are deemed received on the business day after transmission, provided no delivery failure notice is received.

16.3 Marketing Opt-Out. You may opt out of marketing emails by following the unsubscribe instructions in any such email or by contacting us directly. Marketing opt-outs do not affect transactional or project-related communications.

16.4 Accuracy of Contact Information. You are responsible for maintaining current and accurate contact information with the Company. The Company shall not be liable for failure to deliver notices where such failure results from inaccurate information provided by You.

Intellectual Property Rights

17.1 Company Ownership. All Content on the JW Roofing and Construction, LLC Website — including text, graphics, logos, photographs, images, project galleries, and the overall design, look, and feel — is owned by or licensed to JW Roofing and Construction, LLC and is protected by applicable United States intellectual property laws, including copyright and trademark law.

17.2 Trademarks. "JW Roofing and Construction" and associated logos and marks are proprietary to JW Roofing and Construction, LLC. Nothing in these Terms grants any license or right to use any Company trademark without prior express written consent.

17.3 Limited License. You are granted a limited, non-exclusive, non-transferable, revocable license to access and view our Website Content solely for personal, non-commercial purposes related to evaluating or obtaining our Services. This license does not permit reproduction, distribution, modification, or commercial exploitation of any Content.

17.4 Project Photography. The Company reserves the right to photograph completed projects for use in its portfolio, marketing materials, website, and social media, unless the Client provides written objection prior to project completion. No personally identifying information about the Client or their address will be disclosed in such materials without separate written consent.

Representations & Warranties

By engaging the Services of JW Roofing and Construction, LLC, You represent and warrant that:

  • You have the full legal power, authority, and capacity to enter into and perform Your obligations under these Terms and any Project Agreement;
  • If acting on behalf of an entity, You are duly authorized to bind that entity, and this Agreement constitutes its valid and binding obligation;
  • All information provided to the Company — including property ownership, contact information, insurance status, and project scope — is truthful, accurate, complete, and not misleading;
  • You own, or have lawful authority from the owner of, the property at which Services are to be performed, and have the right to authorize the contracted work;
  • Your use of the Services and Website does not and will not violate any applicable law, regulation, HOA restriction, deed restriction, or agreement by which You are bound;
  • You are not aware of any existing code violations, open permits, or title encumbrances on the property that would prevent or materially affect the contracted work, except as disclosed to the Company in writing prior to execution of the Project Agreement.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN A WRITTEN PROJECT AGREEMENT OR THE WORKMANSHIP WARRANTY DESCRIBED IN SECTION 12, THE WEBSITE AND SERVICES OF JW ROOFING AND CONSTRUCTION, LLC ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. JW ROOFING AND CONSTRUCTION, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN A SIGNED PROJECT AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; ANY WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; AND ANY WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN SUCH JURISDICTIONS, EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JW ROOFING AND CONSTRUCTION, LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ANY PROJECT AGREEMENT, THE SERVICES, OR THE WEBSITE, INCLUDING LOST PROFITS, LOSS OF USE, LOSS OF BUSINESS OPPORTUNITY, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.

20.1 Aggregate Cap. The Company's total aggregate liability to You arising out of or related to any Project Agreement or the Services shall be limited to the total amount of fees actually paid by You to the Company under the applicable Project Agreement giving rise to the claim, or One Thousand Dollars ($1,000.00), whichever is greater. This limitation does not apply to claims arising from the Company's gross negligence or willful misconduct.

20.2 Essential Basis. The parties acknowledge that these limitations reflect a reasonable and fair allocation of risk between the parties and are an essential element of the basis of the bargain between them. The Services would not be offered at their current pricing without these limitations.

20.3 Jurisdictional Limits. Some jurisdictions do not allow the limitation of liability for certain types of damages. In such jurisdictions, the foregoing limitations apply only to the fullest extent permitted by applicable law.

Indemnification & Hold Harmless

21.1 Indemnification by Client. You agree to defend, indemnify, and hold harmless JW Roofing and Construction, LLC, its members, managers, officers, employees, subcontractors, agents, successors, and assigns from and against any and all third-party claims, losses, liabilities, damages, judgments, fines, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your misrepresentation of property ownership or authority to authorize the contracted work;
  • Your breach of any representation, warranty, or obligation under these Terms or any Project Agreement;
  • Your failure to disclose known hazardous materials, structural defects, or code violations affecting the Project;
  • Your failure to comply with applicable HOA rules, deed restrictions, or neighbor notification requirements;
  • Any negligent or wrongful act or omission by You, your agents, or other contractors working at the property concurrently with the Company;
  • Any claim by a third party arising from conditions at the property not caused by the Company's work.

21.2 Defense Cooperation. The Company will notify You promptly of any indemnifiable claim and cooperate reasonably in its defense at Your expense. The Company reserves the right to participate in defense through its own counsel at its own cost. You may not settle any claim that imposes obligations on the Company without the Company's prior written consent.

Governing Law & Dispute Resolution

22.1 Governing Law. These Terms and all matters arising out of them shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22.2 Jurisdiction & Venue. Any formal legal proceeding shall be filed exclusively in the state or federal courts of competent jurisdiction located in the State of Florida. Each party irrevocably consents to personal jurisdiction and venue in such courts and waives any objection thereto.

22.3 Informal Resolution. Before initiating formal legal proceedings, the parties agree to make a good-faith effort to resolve any dispute informally for at least thirty (30) calendar days following written notice of the dispute to the other party. This period may be waived by mutual written agreement.

22.4 Mediation. If a dispute is not resolved informally, either party may request non-binding mediation before a mutually agreed-upon mediator in the State of Florida. Mediation costs shall be shared equally. Mediation is a condition precedent to formal proceedings unless immediate injunctive relief is required.

22.5 WAIVER OF JURY TRIAL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY LAWSUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, ANY PROJECT AGREEMENT, OR THE SERVICES.
22.6 WAIVER OF CLASS ACTION. ALL CLAIMS MUST BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN SUCH PROCEEDINGS.

22.7 Attorneys' Fees. The prevailing party in any litigation arising out of these Terms shall be entitled to recover its reasonable attorneys' fees, paralegal fees, and court costs from the non-prevailing party, to the extent permitted by applicable Florida law.

22.8 Limitations Period. To the extent permitted by applicable law, any claim arising out of or related to these Terms must be filed within one (1) year after the date the claim arose, or it shall be permanently barred.

Third-Party Services & External Links

23.1 External Links. Our Website may contain links to third-party websites. The inclusion of any link does not imply endorsement or affiliation. The Company disclaims all responsibility for the content, privacy practices, or terms of any third-party website.

23.2 Subcontractors. The Company may engage licensed subcontractors to perform portions of contracted work. Subcontractors engaged by the Company operate under the Company's supervision and are required to maintain appropriate insurance and licensing. The Client acknowledges that the use of subcontractors is standard practice in the construction industry and does not constitute an assignment of the Project Agreement.

23.3 Disclosed Third-Party Services. The Company specifically discloses use of the following third-party services on or in connection with our Website: Google Analytics and Google Workspace (Google LLC) for analytics and communications; WordPress/site host for website operations; and such other services as may be implemented from time to time.

Force Majeure

24.1 Excused Performance. JW Roofing and Construction, LLC shall not be liable for any delay or failure to perform any obligation under these Terms or any Project Agreement to the extent caused by events beyond the Company's reasonable control, including without limitation:

  • Acts of God, including hurricanes, tropical storms, tornadoes, flooding, lightning, hail, or other severe weather events;
  • Pandemic, epidemic, or public health emergency declared by a governmental authority, including associated closures or restrictions;
  • Acts of war, terrorism, civil unrest, riot, or insurrection;
  • Government action, building department closures, or permitting delays not attributable to the Company;
  • Shortage or unavailability of materials, supplies, or equipment not caused by the Company's failure to order timely;
  • Strikes, labor disputes, or work stoppages involving third parties not within the Company's control;
  • Power outages, utility failures, or telecommunications disruptions not within the Company's control.

24.2 Notice & Mitigation. The Company will notify the Client of a force majeure event as soon as reasonably practicable and will use commercially reasonable efforts to mitigate its effects and resume work as soon as it is safe and practical to do so.

24.3 No Liability. The Company shall not be liable for damages resulting from any force majeure event. Project timelines affected by force majeure events will be extended by a period equal to the duration of the delay.

Modifications to These Terms

25.1 Right to Amend. JW Roofing and Construction, LLC reserves the right to modify, update, or replace these Terms at any time in its sole discretion, to reflect changes in applicable law, business practices, service offerings, or operational needs.

25.2 Notice. When material changes are made, the Company will update the "Last Updated" date at the top of this document. For significant changes, additional notice may be provided via email or a prominent Website notice.

25.3 Acceptance. Your continued use of our Website or Services after any amendment constitutes Your full acceptance of the revised Terms. Material changes will not apply retroactively to disputes that arose prior to the effective date of the amendment.

25.4 Your Responsibility. It is Your responsibility to review these Terms periodically. We recommend saving a copy upon each review for Your records.

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed from these Terms. The invalidity of any single provision shall not affect the validity or enforceability of any other provision, and all remaining provisions shall continue in full force and effect.

Waiver

The failure of JW Roofing and Construction, LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any express waiver must be made in a signed writing by an authorized representative of the Company. A waiver of any breach shall not be deemed a waiver of any subsequent breach of the same or any other provision.

Relationship of the Parties

The parties are independent contractors. Nothing in these Terms or any Project Agreement creates a partnership, joint venture, employment relationship, franchise, or agency between the Company and the Client. Neither party has the authority to bind the other party in any respect. Company employees, subcontractors, and agents are not employees or agents of the Client, and vice versa. The Company retains sole control over the manner and means by which the Services are performed.

Assignment

29.1 By Client. You may not assign, transfer, or delegate any rights or obligations under these Terms or any Project Agreement without the prior written consent of the Company. Any purported assignment in violation of this Section shall be null and void.

29.2 By Company. The Company may freely assign or transfer its rights and obligations under these Terms or any Project Agreement to any affiliate, successor entity, or acquirer, provided that such assignee assumes all of the Company's obligations, and provided that reasonable notice is given to the Client.

29.3 Binding Effect. These Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, legal representatives, successors, and permitted assigns.

Entire Agreement

These Terms, together with any separately executed Project Agreement, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral. No amendment shall be effective unless made in writing and signed by an authorized representative of JW Roofing and Construction, LLC. No statement in any marketing material, email, or verbal communication shall modify these Terms unless expressly incorporated into a signed written agreement.

Survival

The following Sections shall survive any expiration or termination of these Terms or any Project Agreement for any reason: Section 1 (Definitions), Section 8 (Late Payments & Collections), Section 10 (Acceptable Use), Section 12 (Workmanship & Materials), Section 14 (Tracking Technologies), Section 15 (Privacy), Section 17 (Intellectual Property), Section 19 (Disclaimer of Warranties), Section 20 (Limitation of Liability), Section 21 (Indemnification), Section 22 (Governing Law & Disputes), Section 28 (Relationship of the Parties), Section 30 (Entire Agreement), and Section 31 (Survival), as well as any other provision that by its express terms or necessary implication survives termination.

Interpretation & Contact

32.1 Headings. Section headings are included for convenience only and shall not affect the meaning or interpretation of any provision.

32.2 Construction. These Terms shall be construed without regard to any presumption or rule requiring construction against the drafting party. The terms "include," "includes," and "including" mean "including without limitation."

32.3 No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties hereto and their permitted successors and assigns. Nothing herein shall create any right, benefit, or remedy for any other person or entity.

32.4 Contact Us. For all inquiries, legal notices, billing disputes, warranty claims, or other formal communications, please contact JW Roofing and Construction, LLC in writing via email. All formal correspondence must be directed to the address below. The Company aims to respond to all written inquiries within three (3) to five (5) business days.

Please include your full name, property address, project reference number (if applicable), and a clear description of your inquiry or notice.

JW Roofing and Construction, LLC

A licensed roofing and construction contractor proudly serving residential and commercial clients in the State of Florida.

✉  [email protected]