Welcome to our website!

These are our terms and conditions for use of the site, which you may access in several ways, including but not limited to the inter-webs via bwcpros.com, bwrpros.com, or baxterwilliamsconstruction.com. In these terms and conditions, when we say the “BWR Site,” the “Baxter Williams Roofing Site,” “the site,” or “our site” we mean the website operated by or on behalf of Randy Baxter DBA Baxter Williams Roofing or its parent companies, subsidiaries, and affiliates (collectively “BWR''), including without limitation: bwcpros.com, bwrpros.com, or baxterwilliamsconstruction.com and any other domains, websites, or apps owned or operated by BWR, and the material on such domains, and websites, in each case as may be updated from time to time. However you access our Site (whether via a third-party site, app, link, or otherwise), you agree to be bound by these terms and conditions.

You should read all sections carefully. If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel or restrict your access to all or part of the Site immediately and without prior notice.

1. Registration— If and when applicable, you may access areas of the BWR Site that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account. If and when you register, you agree that:

(i) Your account and password are personal to you and may not be used by anyone else to access the Site;

(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Site; and

(iii) you will not create registration accounts for the purpose of abusing the functionality of the Site, or other users; nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware of any unauthorized use of your password or account identifiers by others.

2. Use of Material Appearing on Our Site— You acknowledge that, as between BWR and you. BWR is the sole owner of all content on the Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video, URLs, metadata and other material appearing on the Site (“BWR Content” or the “Content”). The Site and the Content are protected by the copyright laws and other intellectual property laws of the United States of America and specifically under the jurisdiction of the United States Patent and Trademark Office (USPTO) - an agency of the U.S. Government.

You may not download or print parts of the copy written on the Site for any reason - personal or commercial. You will not use (and you will also not facilitate, authorize or permit the use of) the Site and/or any Content for any other purpose without our prior written approval - this includes, without limitation, any scraping of Content or reproduction, copying, alteration, collection and/or extraction of the Content. Other than as expressly set out in these terms and conditions, or otherwise approved by BWR, you shall also not use, facilitate, authorize, or permit the use of, any “robot”, “bot”, “spider”, “scraper”, or another automated device, program, technique, tool, process or method, on or in relation to the Site and/or its Content for any purpose.

For the avoidance of doubt, Baxter Williams Roofing reserves all rights as to its Intellectual Property, the Site, and its Content.

3. Disclaimer of Liability— To the extent permitted at law, we do not accept any responsibility for any statement in the Content. Nothing in the Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Content or any part of it. You can access other sites via links from the Site. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the Site or its Content. In particular, we do not warrant that the Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the Site, we do not guarantee this. We accept no responsibility or liability for any unavailability, interruption, or delay.

4. Third-Party Advertising— If and when applicable, you may see advertising material submitted by third parties on the Site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission, or inaccuracy therein.

5. User Content— If and when applicable, users of the Site may be allowed to submit content for publication in various areas of the Site. When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorized by, the owner of any part of the content to submit it to the Site.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, publish and/or transmit, and to authorize third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereafter invented.

You acknowledge and agree that when you post content on the Site or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, or completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of BWR or its affiliates, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Site.

We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish your content at our or their sole discretion. We may remove your content from use at any time.

We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.

You warrant that the content you submit to us is not obscene, threatening, harassing, libelous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person, or illegal.

You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.

You agree not to:

(i) post content that is deliberately intended to upset or harm other users;

(ii) use the Site to post or otherwise transmit content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability;

(iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Site or any computer software or hardware, or telecommunications equipment;

(iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or

(v) use the Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

You understand that the technical processing and transmission of the Site may involve

(i) transmissions over various networks; and

(ii) changes to the content to conform and adapt to the technical requirements of connecting networks or devices.

BWR assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Site.

6. Data Protection— To find out what personal data we collect and how we use it, please visit our privacy policy https://www.bwrpros.com/privacy-policy

7. Changes to Terms and Conditions— BWR may change these terms and conditions from time to time at our sole discretion and we reserve the right to do so without your consent.

8. Governing Law— These terms and conditions shall be governed by and construed in accordance with the laws of the State of Tennessee, for all Users.

9. Indemnification— You agree to defend, indemnify, and hold harmless BWR, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees, in full from any and all damages, losses, demands, claims, liabilities, costs, and expenses (including, but not limited to, loss of profits, loss of revenue and attorneys’ fees and expenses), arising out of, or in connection with, a breach by you or any user of your account of:

(i) these terms and conditions or privacy policy or

(ii) your obligations, representation, and warranties under these terms and conditions.

10. No Waiver— Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of BWR.

11. Other— In addition to the sections above, by using this Site or viewing its Content, you expressly and wholly agree:

(i) To not use the Site to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).

(ii) To use the Site at your own sole risk.

(iii) That the Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (a) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Site; and (b) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose.

(iv) That BWR also makes no representations and warranties as to any linked sites and has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Site may represent the opinions and judgments of providers or users, such as user content.

(v) That BWR and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Site by anyone other than authorized employees, agents, and representatives acting in such capacity.

If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the BWR Site. Continued use of the Site indicates your continued acceptance of these terms and conditions.

We may terminate your registered account, or block your access to the Site and its Content, at our sole discretion