ROGERS-O’BRIEN CONSTRUCTION COMPANY, LLC
TERMS OF SERVICE

Effective Date: [Effective Date, e.g., May 1, 2026]
Last Updated: [Last Updated Date]
Version: 2.0

1. Acceptance of These Terms

These Terms of Service (“Terms“) govern your access to and use of the website located at https://www.r-o.com, any other website on which these Terms appear, and any software, mobile applications, products, portals, devices, or other online services offered from time to time by Rogers-O’Brien Construction Company, LLC (“RO,” “we,” “us,” or “our“), including any services offered through third parties integrating RO functionality (collectively, the “Services“).

BY ACCESSING OR USING THE SERVICES, BY CLICKING “I ACCEPT” OR A SIMILAR AFFIRMATION, OR BY CREATING AN ACCOUNT, YOU AGREE TO BE BOUND BY THESE TERMS, RO’S PRIVACY POLICY, RO’S COOKIE NOTICE, AND RO’S COPYRIGHT POLICY (each incorporated by reference). If you do not agree, you must stop using the Services.

These Terms contain, among other things, a BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER (Section 17). Please read them carefully.

If you access the Services on behalf of an entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

1. Relationship to Other Agreements

If your use of the Services is governed by a separately executed Master Services Agreement, subcontract, purchase order, or other written agreement signed by an authorized RO representative, that agreement controls to the extent of conflict with these Terms.

1. Eligibility; No Use by Minors

The Services are intended for users who are 18 years of age or older. The Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13 in violation of the Children’s Online Privacy Protection Act (COPPA). If we learn we have collected personal information from a child under 13, we will delete it promptly.

1. Limited License

Subject to your compliance with these Terms, RO grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Services for your personal or internal business purposes. Access to password-protected portions of the Services requires valid login credentials issued by RO. RO may terminate or suspend this license at any time, with or without notice, for any reason or no reason.

1. Prohibited Conduct

You will not, and will not permit any third party to:

(a) copy, modify, reproduce, republish, distribute, display, publicly perform, or transmit any portion of the Services for commercial, non-profit, or public purposes;
(b) decompile, reverse engineer, disassemble, or create derivative works from the Services, except as permitted by law notwithstanding contractual restriction;
(c) probe, scan, or test the vulnerability of, or circumvent or breach, any security or authentication measure;
(d) use any robot, spider, scraper, crawler, or other automated means to access the Services, extract data, or monitor traffic (including web scraping, harvesting, data mining, data extraction, data validation, price aggregation, or AI-training data collection), except for search-engine indexing of public pages consistent with our robots.txt;
(e) transmit or introduce any virus, worm, time bomb, trojan horse, ransomware, or other malicious code;
(f) transmit false, misleading, fraudulent, deceptive, or unlawful communications, or engage in phishing or spoofing;
(g) solicit information from, threaten, or harm minors;
(h) stalk, harass, intimidate, defame, libel, or incite violence against any person;
(i) post content that is defamatory, obscene, pornographic, hateful, discriminatory, or otherwise objectionable in RO’s reasonable judgment;
(j) send unsolicited commercial communications, spam, chain letters, pyramid schemes, or mass messaging;
(k) violate any applicable law, rule, or regulation, including U.S. export-control laws and regulations administered by the U.S. Department of Commerce Bureau of Industry and Security (EAR, 15 C.F.R. Parts 730–774) or the U.S. Treasury Office of Foreign Assets Control (OFAC);
(l) impersonate any person or misrepresent your affiliation with any person or entity;
(m) use the Services to develop, train, or improve any artificial-intelligence or machine-learning model without RO’s prior written consent; or
(n) interfere with or disrupt the integrity or performance of the Services.

1. Intellectual Property

Except for the limited license in Section 4, RO reserves all right, title, and interest in and to the Services, including all text, graphics, logos, images, photographs, videos, audio, data, software, design, look-and-feel, and the selection, arrangement, and organization thereof (collectively, the “RO Content“). RO Content is protected by United States and international copyright, trademark, patent, trade-secret, and other laws. “Rogers-O’Brien Construction,” the RO logo, and all RO product and service names are trademarks of RO. No license or right is granted by implication, estoppel, or otherwise in any RO Content except as expressly provided in these Terms.

1. User Content; License to RO

“User Content” means any content you post, upload, or submit to any interactive area, portal, or form made available as part of the Services.

You represent and warrant that you own or have all necessary rights in your User Content, and that your User Content does not violate any third-party right or applicable law.

You grant RO a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to host, store, reproduce, display, perform, modify, translate, create derivative works of, and distribute your User Content solely for the purposes of (a) operating, providing, and improving the Services; (b) responding to you; and (c) any other purpose you expressly authorize. This license survives termination of your use of the Services to the extent necessary for operational, legal, or archival purposes.

Sensitive Data Exclusion. You will not submit “sensitive data” (as defined in Section 541.001 of the Texas Data Privacy and Security Act), biometric identifiers, or protected health information through any public-facing interactive area. Any such data must be submitted only through designated channels subject to additional notice and consent.

1. Feedback

If you submit suggestions, ideas, enhancement requests, or other feedback regarding the Services (“Feedback“), you grant RO a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, disclose, reproduce, and commercialize the Feedback for any purpose, without attribution or compensation.

1. Privacy; Cookies; AI Interaction Disclosure

9.1 Privacy Policy. Our collection, use, and sharing of personal information are described in our Privacy Policy [link], which complies with the Texas Data Privacy and Security Act (Tex. Bus. & Com. Code ch. 541), the California Consumer Privacy Act as amended by the CPRA (where applicable), and other applicable U.S. state privacy laws. The Privacy Policy describes your rights to access, correct, delete, port, and opt out of targeted advertising, sale, and certain profiling, and how to submit a consumer request or appeal.

9.2 Cookies and Tracking. We use cookies, pixels, SDKs, and similar technologies as described in our Cookie Notice [link]. You can manage preferences through the cookie banner or your browser controls. We honor Global Privacy Control (GPC) signals as an opt-out of targeted advertising and sale where required by law.

9.3 AI Interaction Disclosure. If you interact with a chatbot, virtual assistant, or other consumer-facing artificial-intelligence system on the Services, we will identify it as an AI system in accordance with the Texas Responsible Artificial Intelligence Governance Act (Tex. Gov’t Code ch. 552, eff. Jan. 1, 2026).

9.4 SMS Communications. If you provide a mobile phone number and opt in to text messages from RO, message and data rates may apply. Message frequency varies. Reply HELP for help or STOP to unsubscribe. Consent is not a condition of any purchase or service.

9.5 No Expectation of Privacy in Public Postings. RO DOES NOT GUARANTEE THE CONFIDENTIALITY OF ANY COMMUNICATION OR CONTENT YOU POST IN A PUBLIC AREA OF THE SERVICES. Treat such postings as public.

1. Third-Party Content and Links

The Services may include links to third-party websites, services, or content. RO does not control and is not responsible for any third-party site or content, and your use of any third-party site is governed by that site’s terms and privacy policy. RO may remove any link or third-party content at any time in its discretion.

1. Accessibility

RO is committed to making the Services accessible to users with disabilities and strives to conform to applicable standards, including Web Content Accessibility Guidelines (WCAG) 2.1 AA. If you encounter accessibility barriers, please contact us at accessibility@r-o.com so we can provide access or an alternative.

1. DISCLAIMERS

THE SERVICES, INCLUDING ALL RO CONTENT AND USER CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, RO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

RO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE ACCURATE, CURRENT, OR RELIABLE. RO CONTENT IS GENERAL INFORMATION ONLY AND DOES NOT CONSTITUTE PROFESSIONAL, ENGINEERING, ARCHITECTURAL, CONSTRUCTION, OR LEGAL ADVICE, AND IS NOT AN OFFER TO PROVIDE SERVICES.

1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RO OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF RO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RO’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNTS PAID BY YOU, IF ANY, TO RO FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

THE FOREGOING LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

1. INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS RO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR RELATING TO (A) YOUR USE OR MISUSE OF THE SERVICES, (B) YOUR USER CONTENT, (C) YOUR BREACH OF THESE TERMS, OR (D) YOUR VIOLATION OF ANY APPLICABLE LAW OR THIRD-PARTY RIGHT. RO MAY ASSUME EXCLUSIVE CONTROL OF THE DEFENSE OF ANY MATTER SUBJECT TO INDEMNIFICATION, IN WHICH CASE YOU WILL COOPERATE AT YOUR EXPENSE. THIS INDEMNIFICATION APPLIES REGARDLESS OF WHETHER THE CLAIM ARISES IN WHOLE OR IN PART FROM THE NEGLIGENCE OF AN INDEMNIFIED PARTY, EXCEPT TO THE EXTENT PROHIBITED BY LAW.

1. DMCA / Copyright Policy

15.1 Notices of Claimed Infringement. RO responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. §512. If you believe material on the Services infringes your copyright, submit a DMCA Notice to our Designated Agent containing:

(a) your physical or electronic signature;
(b) identification of the copyrighted work claimed to be infringed (or a representative list);
(c) identification of the allegedly infringing material, with reasonably sufficient information for us to locate it;
(d) your contact information (name, address, telephone, email);
(e) a statement of good-faith belief that use is not authorized by the owner, its agent, or law;
(f) a statement that the information is accurate; and
(g) a statement, under penalty of perjury, that you are authorized to act on behalf of the owner.

Designated Copyright Agent:
Copyright Agent
Rogers-O’Brien Construction Company, LLC
1901 Regal Row
Dallas, Texas 75235
Email: dmca@r-o.com

Misrepresentations under 17 U.S.C. §512(f) may subject you to liability for damages, costs, and attorneys’ fees.

15.2 Counter-Notification. If your content is removed in response to a DMCA Notice, you may submit a counter-notification under 17 U.S.C. §512(g) containing the statutory elements, including consent to jurisdiction in the U.S. District Court for the Northern District of Texas.

15.3 Repeat Infringers. RO will, in appropriate circumstances, terminate the accounts of users who are repeat infringers.

1. Termination

RO may suspend or terminate your access to all or part of the Services at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, Sections 6, 7, 8, 12, 13, 14, 17, 18, 19, 20 and any other provision that by its nature should survive will survive.

1. BINDING ARBITRATION; CLASS-ACTION WAIVER

17.1 Informal Resolution. Before initiating any formal proceeding, you agree to notify RO in writing at legal@r-o.com of any dispute and allow 60 days for good-faith resolution.

17.2 Arbitration. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EXCEPT AS EXCLUDED BELOW, WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION administered by JAMS under its Streamlined Arbitration Rules (or, if the amount in controversy exceeds $250,000, its Comprehensive Arbitration Rules). The arbitration will be seated in Dallas County, Texas; conducted in English; and the award will be enforceable in any court of competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. §1 et seq., governs the interpretation and enforcement of this arbitration agreement.

17.3 Class-Action Waiver. YOU AND RO AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. If this waiver is held unenforceable as to any claim, that claim will proceed in court and all other claims will remain in arbitration.

17.4 Exceptions. The following are not subject to arbitration: (a) claims for injunctive or equitable relief to protect intellectual property or confidential information; (b) small-claims court actions within the court’s jurisdiction; and (c) any claim that cannot be arbitrated as a matter of law.

17.5 Opt-Out. You may opt out of this Section 17 by sending written notice to legal@r-o.com within 30 days of first acceptance of these Terms, stating your name, address, and intent to opt out.

1. Governing Law; Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Subject to Section 17, any proceeding that may be brought in court will be brought exclusively in the state or federal courts located in Dallas County, Texas, and you consent to personal jurisdiction and venue there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

1. Limitations Period

To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after the cause of action accrues, or be permanently barred.

1. Modifications

RO may modify these Terms from time to time. For material changes, we will provide at least thirty (30) days’ prior notice by posting on the Services, updating the “Last Updated” date, and, where you have provided an email address, sending notice to that address. Non-material changes are effective upon posting. Your continued use of the Services after the effective date of any change constitutes your acceptance of the revised Terms.

1. Electronic Communications; E-Signature

You consent to receive communications from RO in electronic form and agree that all notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing. You agree that your affirmative act of clicking “I Accept,” creating an account, or otherwise using the Services constitutes your electronic signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Texas Uniform Electronic Transactions Act (Tex. Bus. & Com. Code ch. 322).

1. Force Majeure

RO will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, labor disputes, cyberattacks, pandemics, government action, internet or telecommunications failures, or supply-chain disruptions.

1. Independent Contractor Relationship

You and RO are independent contractors. Nothing in these Terms creates any partnership, joint venture, agency, franchise, employment, or fiduciary relationship.

1. Linking

You may provide unframed text links to the Services, provided you (a) do not remove or obscure any portion of the Services, these Terms, or any notices, (b) do not imply any endorsement or affiliation without RO’s prior written consent, and (c) cease linking promptly upon RO’s request.

1. Assignment

You may not assign or transfer these Terms or any rights hereunder without RO’s prior written consent, and any attempted assignment without such consent is void. RO may assign these Terms, in whole or in part, without restriction.

1. Severability; Waiver; No Third-Party Beneficiaries; Headings; Entire Agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force. RO’s failure to enforce any provision is not a waiver. Except as expressly stated, these Terms do not confer any rights on any third party. Headings are for convenience only. These Terms, together with the Privacy Policy, Cookie Notice, Copyright Policy, and any written agreement between you and RO, constitute the entire agreement regarding the Services and supersede all prior or contemporaneous communications.

1. Export Controls; Sanctions

You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo, and are not on any U.S. government list of prohibited or restricted parties (including the OFAC SDN list). You will comply with all applicable U.S. export-control and sanctions laws, including the EAR (15 C.F.R. Parts 730–774) and OFAC regulations.

1. Contact

Rogers-O’Brien Construction Company, LLC
Attn: Legal Department
1901 Regal Row
Dallas, Texas 75235
Email: legal@r-o.com