These Terms & Conditions (the "Terms") govern your access to and use of rockymountainmetal.com (the "Site"), operated by Rocky Mountain Structures LLC, doing business as Rocky Mountain Metal, and the information, content, tools, quotes, estimators, forms, and other services we make available through it (collectively, the "Services"), offered by Rocky Mountain Metal (the "Company," "we," "us," or "our"), a dealer and contractor for steel-framed metal buildings based in Penrose, Colorado.
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE AN "AS-IS" DISCLAIMER, A LIMITATION OF LIABILITY, AND A BINDING ARBITRATION AGREEMENT WITH A CLASS-ACTION WAIVER (SECTION 14) THAT AFFECT YOUR LEGAL RIGHTS. SECTION 14 INCLUDES A 30-DAY OPT-OUT.
Plain-Language Summary
The short version: the full Terms below control if there's ever a conflict.
- Using this Site means you accept these Terms. If you don't agree, please don't use the Site.
- The Site is for information and to help you reach us. Anything you see here, including AI-generated content, chat answers, and instant/ballpark estimates, is for general information only and is not a contract, a guarantee, or professional advice.
- Quotes and estimates are not binding. A real price and scope exist only in a signed written agreement between you and the Company.
- The Site is provided "as is." We work hard to keep it accurate and available, but we can't promise it's error-free.
- Our liability is limited, and most disputes are handled through individual arbitration rather than court. You can opt out of arbitration within 30 days.
- Colorado law governs.
1. Acceptance of These Terms
By accessing or using the Site or Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. To opt out of the sale or sharing of your personal information, or to change your cookie choices, see Your Privacy Choices in our Privacy Policy or use the Cookie Settings link at the bottom of any page. If you use the Site on behalf of a business or other entity, you represent that you have authority to bind that entity, and "you" includes that entity. If you do not agree, do not access or use the Services.
2. Eligibility
You must be at least 18 years old and able to form a legally binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements and that all information you provide is accurate and current.
3. The Services
The Site provides information about the Company and our steel-framed metal buildings, including metal carports, detached and metal garages, workshops, RV storage buildings, small warehouses, and agricultural buildings, and lets you contact us, request a quote, learn about financing, and view promotions and other content. We may change, suspend, or discontinue any part of the Services at any time without notice. The Site is the starting point of a relationship; it is not itself the agreement to design or build anything.
4. AI & Automated-Content Disclaimer
Portions of the Site may be created or assisted by artificial intelligence and automated tools, for example, written content, frequently-asked-question answers, chat or messaging assistants, and instant or "ballpark" building estimators or cost ranges. You acknowledge and agree that:
- AI- and automation-assisted outputs are illustrative and provided for general information only, may contain errors, omissions, or outdated information, and are not professional engineering, legal, financial, or construction advice;
- Any figures, dimensions, lead times, materials, or prices generated by such tools are non-binding estimates, not offers, and may differ, sometimes significantly, from a final, engineered, site-specific scope and price;
- Such outputs are subject to human review and oversight, and we do not guarantee their accuracy, completeness, suitability, or availability; and
- You should not rely on automated outputs as your sole basis for any decision. Confirm anything important with us directly, in writing.
5. Estimates, Quotes & No Binding Offer
Any quote, estimate, price range, configuration, timeline, or proposal presented through the Site or in pre-contract communications is preliminary, informational, and non-binding. Pricing and availability depend on design, site conditions, materials, engineering, permitting, and market factors and may change at any time before a signed agreement.
No binding contract for design or construction is formed until you and the Company sign a written agreement (the "Build Agreement") describing the specific scope, specifications, price, and terms of your project. If anything in these Terms conflicts with a signed Build Agreement regarding your project, the Build Agreement controls for that project. Submitting a form or request does not obligate us to provide services, and does not obligate you to buy.
6. No Professional Advice
Content on the Site is general information about building types, processes, and options. It is not engineering, architectural, legal, tax, financial, or other professional advice, and it does not account for your specific property, codes, soil, snow/wind loads, or circumstances. Always obtain appropriate professional and permitting guidance for your project.
7. Intellectual Property & Limited License
The Site and its content, including text, graphics, logos, photographs, designs, layouts, and software, are owned by the Company or its licensors and are protected by intellectual-property laws. The Company's names, logos, and brand features are our trademarks (whether registered or not) and may not be used without our prior written permission.
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your own personal, non-commercial purpose of learning about and engaging our services. You may not copy, reproduce, republish, scrape, frame, sell, license, or create derivative works from the Site or its content without our prior written consent, except for incidental personal use (for example, printing a page for your own reference).
8. Acceptable Use
You agree not to:
- use the Services in any unlawful, fraudulent, or harmful way, or to violate any applicable law or regulation;
- submit false, misleading, or another person's information without authorization;
- interfere with, disrupt, probe, or attempt to gain unauthorized access to the Site, its servers, or related systems;
- introduce viruses, malware, or other harmful code;
- use bots, scrapers, or automated means to access or harvest data from the Site (except legitimate search-engine indexing);
- bypass or interfere with security or anti-spam features (including reCAPTCHA); or
- use the Services to infringe anyone's rights or to send spam or unsolicited communications.
We may suspend or terminate access for any violation.
9. User Submissions
When you submit information, project details, messages, reviews, photos, or other content through the Site ("Submissions"), you represent that you have the right to do so and that the content is accurate and lawful. You grant the Company a non-exclusive, royalty-free, worldwide license to use, store, reproduce, and process your Submissions as needed to operate the Services, respond to you, and perform and document your project. Do not submit confidential information you don't want us to use for these purposes, and do not submit content that is unlawful, infringing, or offensive. We are not obligated to store or return Submissions.
10. Third-Party Services and Links
The Site may link to or integrate third-party websites, tools, or services (for example, financing applications, maps, analytics, video, social media, or review platforms). We do not control and are not responsible for third-party services or their content, terms, or privacy practices. Your use of them is at your own risk and subject to their terms.
11. Pricing, Billing & Financing
Where the Site references pricing, promotions, payment plans, or financing:
- Project pricing is established only in a signed Build Agreement. Published or estimated figures are illustrative and subject to change.
- Promotions are subject to their stated terms, eligibility, and availability, may be modified or withdrawn at any time, and cannot be combined unless stated.
- Financing and rent-to-own (RTO), where offered, are provided through third-party partners and are subject to credit approval; the partner's terms, rates, and agreements govern. The Company does not make credit decisions and does not guarantee approval, rates, or terms.
- Deposits, payment schedules, change orders, taxes, and refunds are governed by your signed Build Agreement.
The Site does not currently process online payments or sell products directly; it is a marketing and lead-generation site. See Payment Security in our Privacy Policy.
12. Disclaimer of Warranties (AS-IS / AS-AVAILABLE)
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any content, estimate, or automated output will be accurate, complete, current, or reliable. Any reliance on the Site or its content is at your own risk.
This Section concerns the website and Services only. Any warranty for your building is the manufacturer's warranty, as described in your signed Build Agreement.
Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, arising out of or relating to your use of (or inability to use) the Site or Services, any content or automated output, or these Terms, even if advised of the possibility of such damages, and regardless of the theory of liability.
THE COMPANY'S TOTAL AGGREGATE LIABILITY arising out of or relating to the Site, the Services, or these Terms will not exceed the greater of (a) the total amount you paid to the Company for the specific Service giving rise to the claim in the twelve (12) months before the event, or (b) US $100.00.
Nothing in these Terms limits liability that cannot be limited under applicable law (for example, for gross negligence, willful misconduct, or fraud). This Section does not alter any rights or obligations under a signed Build Agreement. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
13.1 Indemnification
You agree to defend, indemnify, and hold harmless the Company and its owners, employees, agents, and service providers from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your misuse of the Site or Services, (b) your violation of these Terms or any law, or (c) any content or information you submit through the Site. We may assume the exclusive defense of any matter subject to indemnification by you, and you agree to cooperate with our defense. This Section does not apply to claims arising from the Company's own negligence or misconduct, and it does not alter any rights or obligations under a signed Build Agreement.
14. Binding Arbitration & Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED.
14.1 Agreement to arbitrate
Except for the matters in Section 14.4, you and the Company agree that any dispute, claim, or controversy arising out of or relating to the Site, the Services, or these Terms (a "Dispute") will be resolved by final and binding individual arbitration, rather than in court. This agreement is governed by the Federal Arbitration Act.
14.2 Process
The arbitration will be administered by the American Arbitration Association (AAA) under its applicable Consumer or Commercial Arbitration Rules then in effect. The arbitration will take place in or near Fremont County, Colorado, or by videoconference or document-only proceeding where the rules allow. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
14.3 Class-action waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, and the rest of this Section 14 remains in effect.
14.4 Exceptions
Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court to protect intellectual property or address unauthorized access or misuse of the Services. Nothing here prevents either party from reporting concerns to a government agency.
14.5 30-day right to opt out
You may opt out of this arbitration agreement (Section 14) by sending written notice within 30 days of first accepting these Terms to choicebuildingsusa@gmail.com, including your name, the email/phone you used, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.
15. Dispute Notice & Informal Resolution
Before starting arbitration or a small-claims case, the party with a Dispute agrees to first send a written notice describing the Dispute and the relief sought to the other party (to the Company at choicebuildingsusa@gmail.com), and to attempt to resolve it informally for at least 30 days. Many issues can be resolved quickly this way.
16. Governing Law & Venue
These Terms and any Dispute are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. Subject to the arbitration agreement in Section 14, you and the Company agree that any permitted court action will be brought exclusively in the state or federal courts located in or serving Fremont County, Colorado, and you consent to the personal jurisdiction of those courts.
17. Termination
We may suspend or terminate your access to the Site or Services at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination (including Sections 7, 9, and 11–20) will survive.
18. Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
19. Entire Agreement; Assignment; Waiver
These Terms, together with the Privacy Policy (and, for a specific project, your signed Build Agreement), are the entire agreement between you and the Company regarding the Site and Services, and supersede prior understandings on that subject. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Our failure to enforce any provision is not a waiver of it.
20. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last Updated" date above and post the new version on the Site. Material changes may be highlighted by a notice on the Site. Your continued use of the Services after changes take effect means you accept the updated Terms.
21. Contact Us
Rocky Mountain Metal Penrose, CO 81240 Phone: (719) 285-3640 Email: choicebuildingsusa@gmail.com
