Is the Home Inspection company liable for missing an obvious defect like hail damage on a roof in Texas?

A couple weeks after closing on our house we had a leak on our roof.Things like this happen and do not blame the Home Insp Co. for this unfortunate event. After having my insurance company come out and assess the problem as well as a reputable roofing company they both told me that the roof had extensive hail damage (not related to my leak) from storms previous to my ownership. This came as a shock to me as Home Inspect report had been no findings of hail damage only the following. ...." Inspector Notes: ü No lifting/damaged/missing shingles or other abnormalities beyond normal wear and tear observed at this time. Deficient Item(s): Roof Covering Materials x Raised nails/staples have forced some shingles to lift off the surface. x Flashing is lifting and/or pulling loose. Dallas is an area that is accustom to hail and storms that cause damage to roofs.Is the provision in the contract that your only recourse is the cost of the inspection fee even enforceable under Texas law?