Terms of Service

By accessing or using the Legacy Paving Company website at legacypaving.com (the "Website"), submitting a form, calling our phone number, or otherwise engaging with our business, you ("you" or "User") agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, please do not use the Website or submit any inquiries through it. These Terms apply to all visitors, users, and others who access or use the Website.

These Terms are in addition to, and do not replace, any written service agreement, contract, or proposal signed between you and Legacy Paving Company for a specific paving project. In the event of a conflict between these Terms and a written service agreement, the written service agreement controls.

Legacy Paving Company is a paving contractor based in Austin, Texas, providing asphalt paving, concrete, seal coating, striping, earthwork, and related services to residential, commercial, and industrial clients throughout Central Texas.

Business Name: Legacy Paving Company
Principal Office: Austin, TX
Phone: (308) 530-5290
Email: [email protected]
Website: legacypaving.com

Legacy Paving Company is licensed, bonded, and insured in accordance with applicable Texas requirements. Certificates of insurance are available upon request for commercial projects.

3.1 Program Name and Description

Program Name: Legacy Paving Company SMS Messaging Program

By opting in to receive text messages from Legacy Paving Company, you consent to receive recurring automated text messages from Legacy Paving Company, including:

• Appointment confirmations and appointment reminders
• Project quotes and estimate follow-ups
• Project status updates and scheduling communications
• Service-related follow-up communications
• Promotional messages about our paving services (where separately consented)

3.2 Consent Is Not a Condition of Purchase

Consent to receive text messages is not a condition of any purchase or service. You may request an estimate, hire Legacy Paving Company, and receive all services without opting in to SMS communications. We will never condition the provision of services on your agreement to receive marketing text messages.

3.3 Message Frequency

Message frequency varies based on your service inquiry and the stage of your project. You may receive multiple messages over the course of an active estimate request or scheduled project. Most contacts receive between 2–8 messages per active project inquiry.

3.4 Message and Data Rates

Message and data rates may apply. Contact your wireless carrier for details about your plan and applicable charges for sending and receiving text messages.

3.5 How to Opt In

You may opt in to receive SMS messages from Legacy Paving Company by:

• Checking the separate, unchecked SMS consent checkbox on any of our website forms, or
• Verbally confirming SMS consent during a phone call with our team, or
• Texting a keyword to our SMS number as prompted in our advertising materials

After opting in, you will receive a confirmation message that includes opt-out instructions, the help keyword, and a link to these Terms.

3.6 How to Cancel / Opt Out

You may cancel SMS messages from Legacy Paving Company at any time using any of the following methods:

You may also opt out by contacting us at (308) 530-5290 or [email protected]. Opt-out requests are honored within 24 hours. You may revoke consent at any time and in any reasonable manner, including by notifying us verbally or in writing.

3.7 Help Instructions

3.8 Carrier Disclaimer

Carriers, including T-Mobile, are not liable for delayed or undelivered messages. Message delivery is subject to wireless carrier availability and network conditions. We cannot guarantee that every message will be delivered.

3.9 Your Representations

By opting in to receive SMS messages, you confirm that:

• You are the owner or authorized user of the mobile device and phone number provided
• You are at least 18 years of age
• You have the right to consent to receive messages at the number provided
• You understand that standard message and data rates may apply

3.10 SMS Privacy

For full details on how we collect, use, and protect your mobile number and SMS consent data, please see our Privacy Policy, and specifically Section 4 (SMS / Text Messaging) and Section 7 (Data Sharing), which includes the required TCR disclosure that mobile opt-in data is not shared with third parties for marketing purposes.

3.11 Texas SB 140 Compliance

We comply with Texas SB 140 (effective September 1, 2025). We do not send marketing text messages before 9:00 AM or after 9:00 PM Central Time, Monday through Saturday, or before 12:00 PM (noon) on Sundays. Violations of the Texas Telephone Solicitation Act, as amended by SB 140 to cover SMS, may be actionable under the Texas Deceptive Trade Practices Act.

4.1 Permitted Use

You may use the Website for lawful purposes related to learning about or inquiring about our paving services. You agree not to:

• Use the Website in any way that violates applicable federal, state, or local laws or regulations
• Transmit any unsolicited commercial communications or "spam" through the Website
• Attempt to gain unauthorized access to any part of the Website or its underlying systems
• Use automated tools to scrape, crawl, or systematically extract data from the Website
• Upload or transmit viruses, malicious code, or any content that interferes with the Website's operation
• Misrepresent your identity or affiliation with any person or organization in communications with us

4.2 No Contractor-Client Relationship from Website Use

4.3 Accuracy of Information

While we strive to keep the information on our Website accurate and current, we do not warrant the completeness, accuracy, or timeliness of information on the Website. Service descriptions, pricing guidance, and availability information are subject to change without notice.

4.4 Third-Party Links

Our Website may contain links to third-party websites for your convenience. We do not endorse, control, or accept responsibility for the content, privacy practices, or terms of any third-party websites. Accessing third-party links is at your own risk.

5.1 Free Estimates

We provide free, no-obligation on-site estimates for paving projects within our service area. "Free estimates" means there is no charge for the site visit and preliminary estimate. The estimate does not constitute a binding offer or contract.

To be considered a binding quote, an estimate must be:

• Provided in writing (not verbally or by text message alone)
• Signed or formally accepted by an authorized representative of Legacy Paving Company
• Accompanied by a written service agreement or proposal letter that references the estimate

5.2 Estimate Validity

Written estimates are valid for the period stated on the estimate document, typically 30 days from the date of issue. Material and labor costs fluctuate, and estimates issued beyond the validity period may require revision prior to project commencement.

5.3 Scope Changes

Changes to project scope discovered during execution — including but not limited to unforeseen base failure, drainage complications, utility conflicts, or additional surface area — may result in adjusted pricing. We will communicate any necessary scope changes and obtain your approval before proceeding with work that materially increases the project cost.

5.4 Pricing Transparency

We are committed to transparent pricing. We do not engage in bait-and-switch pricing practices. Any price advertised on this Website (such as price-per-square-foot ranges) represents typical costs for standard conditions and should be understood as general guidance, not a firm quote for your specific project.

6.1 Written Service Agreements

All paving services provided by Legacy Paving Company are governed by a written service agreement or proposal signed by both parties. The written service agreement specifies the scope of work, materials, project timeline, pricing, payment terms, and any applicable warranties. These Terms of Service apply in addition to the written service agreement.

6.2 Payment Terms

Payment terms are set forth in the written service agreement for each project. Generally:

• Residential projects may require a deposit upon project scheduling, with the balance due upon substantial completion
• Commercial projects may be structured with milestone-based payments or net payment terms as negotiated
• We accept payment by check, ACH transfer, or other methods specified in the service agreement
• Past-due amounts may be subject to late charges and collection costs as specified in the service agreement

6.3 Project Timeline

Project timelines stated in estimates or service agreements are good-faith estimates based on current scheduling and weather conditions. Timelines may be affected by weather, material availability, equipment issues, or other factors beyond our control. We are not liable for delays caused by events outside our reasonable control.

Asphalt paving is weather-dependent. We do not pave in rain, extreme cold (below approximately 40°F), or other conditions that would materially compromise the quality of the finished surface. Weather delays will be communicated promptly and rescheduled as soon as conditions permit.

6.4 Site Access and Preparation

You agree to provide our crews with reasonable access to the project site during scheduled work hours. You are responsible for removing vehicles, personal property, and obstructions from the work area prior to the scheduled project date unless otherwise agreed in writing. Additional costs resulting from inadequate site preparation or restricted access may be added to the project cost.

6.5 Permits and Approvals

Unless specifically included in the written service agreement, you are responsible for obtaining any permits, HOA approvals, or governmental authorizations required for your paving project. We will assist with permit identification during the estimate process and can obtain permits on your behalf for an additional fee when agreed in writing.

7.1 Workmanship Warranty

Legacy Paving Company provides a workmanship warranty on labor and installation for projects completed under a written service agreement. The specific duration and terms of the workmanship warranty vary by project type and are stated in the written service agreement. To inquire about warranty terms for a specific type of project, please contact us or review the service agreement provided with your estimate.

7.2 Warranty Exclusions

Warranties provided by Legacy Paving Company do not cover:

• Damage caused by factors beyond normal use, including vehicle fluid spills (gasoline, oil, transmission fluid, etc.) that penetrate asphalt and soften the binder
• Surface damage caused by tire scrubbing (turning vehicle wheels while stationary on hot asphalt)
• Cracking or surface distress caused by tree roots, ground movement, or soil settlement beneath the surface
• Damage caused by heavy vehicles, equipment, or loads exceeding the design capacity of the surface
• Natural oxidation and color change of asphalt over time (normal weathering)
• Damage caused by failure to follow post-installation care instructions provided at project completion
• Work performed by third parties after our project completion
• Pre-existing conditions in surfaces we repaired (rather than fully replaced)

7.3 Manufacturer Warranties

Where applicable, materials used in your project may carry separate manufacturer warranties. We will provide information about available manufacturer warranties in the written service agreement. Manufacturer warranty claims are subject to the manufacturer's terms and processes.

7.4 Satisfaction Guarantee

If any advertising or marketing materials reference a "satisfaction guarantee," such guarantee is subject to the specific terms stated in those materials and the written service agreement. A satisfaction guarantee does not mean unlimited revisions or that subjective aesthetic preferences constitute grounds for a guarantee claim. Any such guarantee is limited to the specific terms and claim procedures set out in writing.

8.1 Authenticity of Reviews

All testimonials and reviews displayed on this Website reflect the genuine experiences of real customers of Legacy Paving Company. We do not create, purchase, or use fabricated reviews, AI-generated reviews, or reviews from people who have not actually used our services. Creating or disseminating fake reviews is prohibited under the FTC's Consumer Review Rule, which carries civil penalties of up to $53,088 per violation.

8.2 Typical Results Disclaimer

Testimonials reflect individual customer experiences and project outcomes. Specific results depend on many factors, including existing surface conditions, project scope, soil and drainage conditions, materials selected, weather at time of installation, and ongoing maintenance. The testimonials on this Website should not be interpreted as a guarantee that you will experience identical results.

Where a testimonial references specific outcomes (such as project duration, cost savings, or surface performance), those outcomes reflect the specific circumstances of that individual project.

8.3 Material Connection Disclosures

If any testimonials on this Website are from individuals who received compensation, discounts, free services, or have an employment or family relationship with Legacy Paving Company, that material connection will be clearly disclosed adjacent to the testimonial in accordance with FTC requirements.

Reviews sourced from third-party platforms (such as Google Reviews) are genuine customer reviews collected through those platforms' standard review processes. We respond to reviews on those platforms but do not select, filter, or remove reviews based on their content.

8.4 Review Policy

We ask all customers to share their honest experiences. We do not:

• Offer incentives conditioned on leaving a positive review
• Suppress or remove negative reviews
• Threaten or take retaliatory action against customers who post negative reviews
• Misrepresent a subset of reviews as being "all" reviews we have received

These practices are prohibited under the FTC's Consumer Review Rule. We welcome honest feedback from all customers and use it to improve our services.

9.1 FTC Advertising Standards

All advertising claims made on this Website and in our marketing materials comply with the FTC Act's prohibition on unfair or deceptive acts or practices. All material claims are truthful and substantiated.

9.2 Texas Deceptive Trade Practices Act (DTPA)

Legacy Paving Company complies with the Texas Deceptive Trade Practices — Consumer Protection Act (Tex. Bus. & Com. Code Chapter 17). We do not make false, misleading, or deceptive representations in connection with our services. Specifically, we do not:

• Misrepresent the quality, quantity, or characteristics of materials or workmanship
• Advertise services with the intent of not performing them as advertised (bait-and-switch)
• Represent that services have certifications, characteristics, or qualities they do not have
• Advertise a price we do not intend to honor under standard conditions
• Make false comparisons to competitors' prices or quality
• Represent that work is licensed or permitted when it is not

If you believe we have made an advertising claim that is inaccurate or misleading, please contact us immediately at [email protected] so we can address it.

9.3 Pricing Representations

Price ranges and cost guidance appearing on this Website (such as per-square-foot ranges for paving services) are based on typical market conditions and standard project parameters. They represent good-faith estimates of common project costs and should not be interpreted as a firm quote for any specific project. Actual project costs depend on many variables that can only be assessed through an on-site evaluation.

9.4 Before/After Images

All before-and-after photographs displayed on this Website depict actual projects completed by Legacy Paving Company crews. We do not use stock photography to represent our work.

The Website and its entire contents — including text, graphics, logos, photographs, video, and software — are the property of Legacy Paving Company or its content suppliers and are protected by applicable copyright, trademark, and other intellectual property laws.

You may view, download, and print pages from the Website for your personal, non-commercial use in connection with evaluating our services. You may not:

• Reproduce, modify, or distribute Website content for commercial purposes without our prior written consent
• Remove or alter any copyright, trademark, or other proprietary notices
• Use our trademarks, trade names, or logos without our express written permission
• Frame or mirror any portion of the Website on any other server or device

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Legacy Paving Company does not warrant that:

• The Website will be uninterrupted, error-free, or free of viruses or other harmful components
• Information on the Website is accurate, complete, or current at any given time
• The Website will meet your specific requirements

This disclaimer applies to the Website only. Warranties applicable to specific paving projects are set forth in the applicable written service agreements.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEGACY PAVING COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR INFORMATION OBTAINED FROM IT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability for any claim arising from your use of the Website is limited to $100. This limitation does not apply to liability arising from physical property damage or personal injury caused by our negligence in performing paving services, which is governed by the applicable written service agreement and our insurance coverage.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13.1 Governing Law

These Terms of Service and any dispute arising out of or related to the Website or its content shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The federal and state courts located in Travis County, Texas shall have exclusive jurisdiction over any disputes arising from these Terms.

13.2 Dispute Resolution for Paving Services

Disputes arising from paving services performed under a written service agreement are governed by the dispute resolution provisions of that agreement. In the absence of a specific provision, we encourage resolution of disputes through direct good-faith negotiation first, followed by mediation in Travis County, Texas if negotiation is unsuccessful.

13.3 Texas Consumer Rights

Nothing in these Terms limits your rights as a Texas consumer under the Texas Deceptive Trade Practices — Consumer Protection Act (DTPA), the Texas Identity Theft Enforcement and Protection Act, or any other applicable Texas consumer protection law. Texas consumers retain all rights afforded by applicable state law regardless of any limitation in these Terms.

13.4 Statute of Limitations

Any claim arising from your use of the Website must be brought within one (1) year of the date the claim arose, to the extent permitted by applicable law. Claims arising from paving services are subject to the limitations periods specified in the applicable written service agreement or, in the absence of a specific provision, the applicable Texas statute of limitations.

We reserve the right to modify these Terms of Service at any time. When we make material changes, we will update the "Effective Date" and "Last Updated" dates at the top of this page and post the revised Terms at this URL.

Your continued use of the Website after the effective date of any revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.

For changes that materially affect your SMS messaging rights or obligations, we will provide notice as required by the TCPA and applicable carrier guidelines. Material changes to SMS terms may require you to re-confirm your consent before messages resume.

Changes to these Terms do not affect the terms of written service agreements already in effect for ongoing projects.

If you have questions about these Terms of Service, wish to exercise rights related to SMS messaging, or need to report a concern about our advertising or business practices, please contact us:

For Texas consumer protection complaints or inquiries, you may also contact the Texas Attorney General's Consumer Protection Division at texasattorneygeneral.gov or by calling 1-800-621-0508.