Terms of Service

PLEASE READ CAREFULLY. These Terms include a binding arbitration agreement and a class-action waiver (Section 18) that apply to all disputes arising from or relating to your use of the Services. By using the Services, you agree that disputes will be resolved by individual arbitration, not in court, except as stated in Section 18. You have a 30-day right to opt out of arbitration as described in Section 18(g).

These Terms of Service ("Terms") are a binding contract between you and H & E Building Material Corp, a Texas corporation ("H&E," "we," "us," or "our"). They govern your use of hestonemc.com, hestonemc.com, the AI chat assistant, the cost calculator, lead-capture forms, and any other online service we operate (collectively, the "Services"). By using the Services, you represent that you are at least 18 years old (or have your parent or guardian's consent), and you agree to these Terms. If you do not agree, do not use the Services.

1. Who We Are

H & E Building Material Corp is a Houston, Texas stone-fabrication and remodeling contractor and building-materials supplier with a walk-in showroom, slab yard, in-house fabrication shop, and install crew at 11768 Clay Rd, Houston, TX 77043.

2. No Professional Advice; Estimates Are Not Quotes

Nothing on the Services constitutes professional design, fabrication, structural, electrical, plumbing, or installation advice. Pages, articles, blog posts, FAQs, AI chat responses, email content, and SMS content are informational only.

Cost calculator and cost-guide ranges are illustrative estimates based on average Houston-market pricing. They are not a binding quote, offer, or contract. Real pricing depends on slab yield, edge profile, backsplash, cutouts, demolition required, plumbing conditions, and other project-specific facts that can only be assessed in person. A binding quote is provided in writing by our team after an on-site or showroom assessment and is valid for the period stated on the quote (typically 30 days).

3. AI Chat Assistant

The Services include an AI-powered chat assistant. By using it, you understand and agree:

• You are interacting with artificial intelligence, not a human. The assistant is clearly labeled and will confirm its AI status if asked.
• Responses may be wrong or outdated. AI output can be inaccurate, incomplete, or hallucinated. Do not rely on AI responses for diagnostic, pricing, scheduling, safety, structural, or warranty decisions.
• No binding commitments. Nothing the AI assistant says creates a contract, quote, warranty, appointment, or promise of service. Such terms come only from our team directly, in writing, after an on-site or showroom assessment.
• Emergencies. Do not rely on the AI for emergencies. Call (832) 569-8899 or 911 as appropriate.
• Data processing. See our Privacy Policy.

4. Showroom Visits, Bookings & Cancellations

Submitting a contact form, RSVP, calculator estimate, chat session, phone call, or text does not automatically schedule service. Appointments and showroom visits are confirmed by our team directly, typically by phone or text. We may decline any booking that falls outside our service area, capabilities, or scheduling capacity.

We ask that you give reasonable notice (at least 24 hours) for cancellations of confirmed showroom visits so the slot can be offered to another customer. For active installation or fabrication jobs, the cancellation and refund terms in your written contract or invoice control.

5. Showroom and Slab Yard Visit — Assumption of Risk

Our showroom includes a working slab yard with vertically stored stone slabs (each typically 600–1,200 pounds), forklift and lift-truck movement, and an active in-house fabrication shop. By visiting our facility you acknowledge and agree:

• You will stay in customer-accessible areas, follow staff instructions, and supervise any minors at all times.
• You assume the ordinary risks of being inside a working building-materials facility, including the risk of dust, noise, uneven flooring, and moving equipment.
• You will not touch, lean on, or attempt to move slabs or equipment.
• We are not liable for personal injury or property damage caused by visitor conduct that violates posted safety rules or staff direction, except to the extent caused by our gross negligence or willful misconduct.
• Children under 14 must be accompanied by a parent or guardian at all times.

6. Quotes and Pricing

Any pricing, financing monthlies, or savings shown on the Services are illustrative and depend on credit profile, project specifications, and Cambria/manufacturer pricing in effect at the time of quote. Financing partners (Enhancify, Synchrony Bank, Hearth, local credit unions) are independent third parties; their terms control their offers. H&E is not a lender and does not guarantee approval or any particular APR.

7. Workmanship Warranty

Specific warranty terms are documented on the invoice or written contract for each job. Manufacturer warranties (e.g., Cambria's Lifetime Limited Warranty) apply separately to materials and are administered by the manufacturer. Warranty coverage does not extend to damage from misuse, abuse, unrelated pre-existing conditions, modifications by others after our work, normal wear, or acts of God.

8. Review Requests

After a completed job, we may send a one-time email or text invitation asking you to leave a public review. You are under no obligation to respond, and declining does not affect our willingness to work with you again. We do not offer compensation, discounts, or anything of value in exchange for positive reviews.

9. SMS / Text Message Terms

When you give us your mobile number, you consent to receive transactional texts from H&E about your inquiry, appointment, or active project. Marketing texts are sent only with separate opt-in.

• Message frequency varies (typically 1–4 / month for marketing).
• Message and data rates may apply.
• Reply STOP to opt out of marketing.
• Reply HELP for assistance.
• Carriers are not liable for delayed or undelivered messages.

See our Privacy Policy for full TCPA / SMS terms.

10. Marketing Emails

If you opt in to our email list, we send occasional design tips, financing promotions, and Saturday-sale reminders. You can unsubscribe via the link in any email; we honor opt-outs within 10 business days as required by the CAN-SPAM Act.

11. Intellectual Property

The H&E name, logo, photography, website content, blog posts, cost-guide content, and calculator code are owned by H&E or our licensors and are protected by U.S. and international intellectual-property law. You may print or share individual pages for personal, non-commercial use, but you may not reproduce, modify, sublicense, or commercially distribute the content without prior written permission.

If you believe content on the Services infringes your copyright, send a DMCA notice (17 U.S.C. § 512) to stoneprohubinc@gmail.comidentifying the work, the infringing material's URL, your contact information, and a statement of good-faith belief and accuracy under penalty of perjury.

12. Prohibited Conduct

You may not:

• Use the Services to send spam, malware, or abusive content.
• Submit false, misleading, or fraudulent inquiries, RSVPs, or chat messages.
• Attempt to interfere with the AI assistant's normal operation (prompt injection, jailbreaking, etc.).
• Scrape, mirror, or copy the Services for competitive use.
• Bypass rate limits, CAPTCHAs, or other protective measures.
• Use the Services in violation of applicable law.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, H&E DISCLAIMS ALL WARRANTIES — EXPRESS, IMPLIED, OR STATUTORY — INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OPERATION. We do not warrant that the Services will be error-free, secure, uninterrupted, or that any specific result will be obtained from use of the Services. This section does not affect any express warranty we provide in writing on completed fabrication and installation work.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL H&E, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (including lost profits, lost data, business interruption, or substitute service costs) ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF H&E HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

H&E'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (a) ONE HUNDRED U.S. DOLLARS (US$100) OR (b) THE AMOUNTS YOU PAID DIRECTLY TO H&E THROUGH THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

This limitation does not apply to (i) our in-person fabrication and installation services, which are governed by the invoice and applicable Texas law, (ii) our gross negligence or willful misconduct, or (iii) any liability that cannot be limited under applicable law.

15. Indemnification

You agree to indemnify, defend, and hold harmless H&E and its officers, directors, employees, and agents from any claim, demand, loss, damage, cost, or expense (including reasonable attorneys' fees) arising from or relating to (a) your use of the Services, (b) your violation of these Terms, (c) your violation of any applicable law, (d) your violation of any third-party right (including intellectual property or privacy), or (e) any content you submit through the Services.

16. Force Majeure

Neither party is liable for any delay or failure in performance caused by circumstances beyond reasonable control, including acts of God, hurricanes and tropical storms, fires, floods, pandemics, government actions, supply chain disruptions, labor disputes, port delays (including Port of Houston disruption during hurricane season), utility outages, internet or telecommunication failures, or war and civil unrest. Affected obligations are suspended for the duration of the event.

17. Termination of Access

We 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, abuse of the AI assistant, fraudulent inquiries, or to comply with applicable law. Sections 11, 13–22 survive termination.

18. Binding Arbitration; Class-Action Waiver

READ THIS SECTION CAREFULLY.IT REQUIRES YOU TO ARBITRATE DISPUTES WITH H&E AND LIMITS HOW YOU CAN SEEK RELIEF.

(a) Agreement to Arbitrate.You and H&E agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") will be resolved through final and binding arbitration on an individual basis. Disputes include claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.

(b) Exceptions.Either party may bring an individual action in small-claims court for claims within that court's jurisdiction. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.

(c) Informal Resolution First. Before filing an arbitration demand, you agree to first send a written notice of the Dispute to stoneprohubinc@gmail.com describing the nature and basis of the claim and the relief you seek. The parties will attempt in good faith to resolve the Dispute for 60 days from receipt of notice.

(d) Arbitration Rules.Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the arbitration is initiated, modified as necessary by these Terms. The rules are available at adr.org. The Federal Arbitration Act governs interpretation and enforcement of this Section.

(e) Location and Costs.Arbitration will be conducted in Harris County, Texas, or remotely if reasonable. Each party bears its own attorneys' fees except as the arbitrator awards under applicable law. H&E will pay arbitration filing and administrative fees in excess of what you would have paid to file in state court, except for frivolous claims as determined by the arbitrator.

(f) Class-Action Waiver. YOU AND H&E EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Disputes must be resolved individually. The arbitrator may not consolidate claims or preside over a class proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court, but all other Disputes remain subject to arbitration.

(g) 30-Day Opt-Out. You may opt out of this arbitration agreement by sending written notice to stoneprohubinc@gmail.comwith the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Include your full legal name, mailing address, and a clear statement that you wish to opt out. Opting out only affects this Section; it does not affect any other part of the Terms.

(h) Severability. If any portion of this Section is found unenforceable, the remaining portions remain enforceable.

19. Governing Law

These Terms are governed by the laws of the State of Texas without regard to conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 18. For any matter not subject to arbitration, the state and federal courts located in Harris County, Texas have exclusive jurisdiction, and you consent to personal jurisdiction and venue there.

20. Notice to You and Us

We may notify you by email to the address you provided, by text to the mobile number you provided, by posting on the Site, or by U.S. mail. You may notify us by emailing stoneprohubinc@gmail.com or by mailing 11768 Clay Rd, Houston, TX 77043.

21. Assignment

We may assign these Terms or any of our rights to a successor in connection with a merger, acquisition, financing, reorganization, or sale of all or part of our business. You may not assign these Terms without our prior written consent.

22. General Provisions

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force.

No waiver. Failure to enforce any provision is not a waiver of our right to enforce it later.

Entire agreement. These Terms, together with our Privacy Policy and any written contract or invoice between you and H&E, constitute the entire agreement and supersede prior communications and agreements regarding the Services.

No third-party beneficiaries. Except as expressly stated, these Terms do not give any third party rights or benefits.

23. Changes to These Terms

We may update these Terms from time to time. The " Effective date" at the top will reflect the most recent revision. For material changes we will post a prominent notice or email registered users. Your continued use of the Services after changes take effect indicates acceptance of the revised Terms. If you do not agree, stop using the Services.

24. Contact Us

• H & E Building Material Corp
• 11768 Clay Rd, Houston, TX 77043
• Phone: (832) 569-8899
• Email: stoneprohubinc@gmail.com