Terms & Conditions of Use

Last updated on January 3, 2023

These terms and conditions are governed by the laws of the United States of America and the State of Texas.

Key Points Summary:

We will remove without warning any listing found to contain inappropriate, false, or misleading content.

Roof Online’s Contractor Directory is a contractor listing and advertising service. Although we facilitate communication between consumers and contractors, we are not affiliated with the contractors who create listings on our directory website in any other way. We are not responsible in any way for the actions, performance, or service quality of any contractor that you contact after viewing their listing on our directory.

Roof Online does not endorse or warrant any contractor listed on our website, and Roof Online offers no guarantee regarding services performed by any contractor listed on our website. Roof Online does not perform background checks.

ACCEPTANCE OF THE TERMS & CONDITIONS

This Terms of Use Agreement (“Terms”) governs your access to, use of, and participation in the Platform made available by Roof Online.

PLEASE READ THESE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of these Terms will be deemed an acceptance by that entity, and “you” and “your” herein will refer to that entity, its directors, officers, employees, and agents.

MODIFICATIONS

Roof Online reserves the right, in our sole discretion, to modify the Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Roof Online will notify you of changes by posting on the Roof Online website and may also, in our sole discretion, notify you by sending you a message and/or otherwise notifying you when you are logged into your account. Your use of the Platform after the changes are made will constitute your consent to the changes. If you do not agree, you may not access or use the Platform.

ADDITIONAL TERMS AND POLICIES

Please review Roof Online’s Privacy Policy , incorporated herein by reference, for information and notices concerning Roof Online’s collection and use of your information.

KEY TERMS

“Collective Content” means User Content and Roof Online Content together.

“Content” means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Contractor Services requests, message threads, reviews, and other information or materials available on or through the Platform.

“Consumer” means a User who searches for Contractors on the Platform, seeks Contractor Services from Contractors on the Platform, or contacts a Contractor listed on the Platform. Because a Consumer may be, or may become, a customer of a Contractor, a Consumer is often referred to as a “customer” or a “Customer” on the Platform and in marketing materials related to the Platform.

“Fee” means any amount charged by Roof Online to a User in connection with the Platform.

“Platform” means all Roof Online websites, mobile or other applications, software, processes, subscription services, and any other services provided by Roof Online.

“Privacy Policy” means the Roof Online Privacy Policy located at https://contractors.roofonline.com/privacy-policy/, including any amendments, supplements or modifications thereto made from time to time.

“Contractor Services” means the services listed, quoted, scheduled, offered, fulfilled or provided by Contractors, or sought, scheduled, paid for, or received by Consumers, through the Platform.

“Contractor” means a User who uses, or is registered to use, the Platform to advertise, offer, or facilitate the provision of Contractor Services.

“Roof Online Content” means all Content Roof Online makes available on or through the Platform, including any Content licensed from a third-party, but excluding User Content.

“User” means a person or entity who completes Roof Online’s account registration process and agrees to the Terms, utilizes any services offered by the Platform, or a person or entity who communicates through Roof Online, including but not limited to Contractors and Consumers.

“User Content” means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, and messages made through the Platform, but excluding Roof Online Content and Feedback.

ELIGIBILITY, CONTRACTOR REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM

Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you meet these requirements.

By registering or using the Platform to advertise, offer, or post Contractor Services, Contractors represent and warrant that they, and the employees, agents, suppliers contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Contractor Services and in relation to the specific job they are performing. Contractors otherwise agree to comply with all applicable laws, including the California Consumer Privacy Act, any other applicable privacy laws, and the Telephone Consumer Protection Act, in their use of the Platform and any personal information obtained from the Platform.

Roof Online does not sell or otherwise provide Contractor Services. Any Contractor Services solicited as a result of on-Platform services are provided by an independent Contractor without any representation or warranty from Roof Online other than as expressly provided for herein. Roof Online also facilitates Contractor Service transactions, which facilitation may include displaying a list of Contractor profiles and allowing Consumers and Contractors to send messages to each other. Consumers understand that any such facilitation does not constitute a warranty in relation to the Contractor Services. Contractors understand and agree that using the Platform does not guarantee that anyone will engage them for Contractor Services. Consumers understand that any Contractor Services they solicit using the Platform are solicited directly from the Contractor providing such Contractor Services.

Contractors understand and agree that they are customers of Roof Online, and are not Roof Online employees, contractors, consultants, joint venturers, partners, or agents. Contractors acknowledge that they provide their own equipment, select their own jobs, develop their own expertise, are free to do jobs through other platforms and lead sources, and determine their own work schedule. Roof Online does not control, and has no right to control, the services a Contractor provides (including the details of how the Contractor provides such services) if the Contractor is engaged by a Consumer or any other person.

ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account (“Account”). You may register for an Account using certain third-party account and log-in credentials (your “Third-Party Site Password”), such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Roof Online password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Roof Online immediately of any unauthorized use. Roof Online is not liable for any losses by any party caused by an unauthorized use of your Account. You are liable for the losses of Roof Online or others due to any unauthorized use of your account related to your failure to comply with the Terms. Your account is nontransferable except with Roof Online’s written permission and in accordance with Roof Online policies and procedures.

YOUR LICENSE TO USE THE PLATFORM

Subject to your compliance with these Terms, Roof Online grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in the Terms. The Platform and Collective Content are provided to you as is. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by Roof Online or our licensors, except for the licenses and rights expressly granted in these Terms.

USER CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. The contents of private messaging through the Platform will not be used by Roof Online in public advertising. By making available any User Content on or through the Platform, you hereby grant to Roof Online a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such User Content on, through, by means of or to promote, market or advertise the Platform or Contractor Services, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to Roof Online will survive termination of the Platform or your Account. Roof Online does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Roof Online the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Roof Online’s use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third-party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While Roof Online has no obligation to do so, you agree that Roof Online may edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.

Roof Online reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable, in violation of these Terms or otherwise harmful to the Platform or Users, or for any other reason.

PROHIBITIONS

As a User of the Platform, you may not:

• Use another person’s Account, misrepresent yourself or Contractor Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;
• Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without Roof Online’s prior written approval; provided, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Roof Online reserves the right to revoke these exceptions either generally or in specific cases);
• Copy text, or otherwise misuse or misappropriate Platform information or Content in any manual or automated manner including but not limited to, for use on a mirrored, competitive, or third-party site;
• Take any action that (a) may unreasonably encumber the Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Roof Online or our Users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third-party, including privacy or publicity rights; or (g) circumvents or manipulates the Fee structure, billing, or Fees owed;
• Use the Platform in any manner that circumvents, or that may be intended to circumvent, your obligation to pay Roof Online for access to services provided by the Platform;
• Violate any applicable laws or regulations;
• Fail to comply with a User’s requests (including, those made on their behalf by Roof Online) to no longer receive phone calls, text messages, e-mails or any other communications from you;
• Recruit, solicit, or contact in any form Contractors or Consumers for employment or any other use not specifically intended by the Platform;
• Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
• Violate in any material respect any Roof Online policies that govern your use of the Platform and our interactions with you and third-parties;
• Advertise or solicit a Contractor Service not related to or appropriate for the Platform including, but not limited to any Contractor Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Roof Online (such as another contractor directory); or (g) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways;
• Submit User Content that damages the experience of any User including but not limited to requests to download mobile applications and/or links that direct the User to mirrored websites where the User must enter information that is redundant with what has already been entered on Roof Online;
• Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
• Engage in fraudulent conduct;
• Fail to comply with any applicable laws or regulations related to your use of the Platform;
• Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
• Attempt to indirectly undertake any of the foregoing.

CONTRACTOR SERVICES

Roof Online does not offer any contractor services directly or indirectly. Any time a Consumer hires a Contractor found on the Platform or receives a quote in connection with Contractor Services, such Consumer is contracting directly with the Contractor offering such Contractor Service. Notwithstanding any facilitation of communication between Consumer and Contractor, you understand and agree that Roof Online (i) does not sell, offer, provide or subcontract any Contractor Service and (ii) is not liable in any way for any Contractor Service.

FEATURED LISTINGS & ADVERTISEMENTS

Roof Online may publicly display advertisements, paid content, and other sponsored information. The manner, mode, and extent of such advertising are subject to change without specific notice to you. Contractors may compensate Roof Online to highlight themselves in search results and therefore rank higher. Any such Contractors will be clearly designated in applicable search results. Roof Online may impose certain quality-related standards for Contractors to qualify as for a search rankings boost, which standards may be enforced and/or changed at any time.

INTELLECTUAL PROPERTY RIGHTS

Roof Online Content is protected by copyright, trademark, patent, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Roof Online and our licensors exclusively own all right, title, and interest in and to the Platform and Roof Online Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Roof Online used herein are trademarks or registered trademarks of Roof Online. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

FEEDBACK

By sending us any feedback, comments, questions, or suggestions concerning Roof Online or our Platform (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third-party or -parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Roof Online and our Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your Account or the Platform.

COPYRIGHT POLICY

We expect Users to respect copyright law. In appropriate circumstances, we will terminate the Account of any User who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders.

NO ENDORSEMENT OR WARRANTY

Roof Online does not endorse, warrant or make any representation (except those expressly and unambiguously made by Roof Online directly on the Platform) concerning any User, or any Contractor Services, and Roof Online is not a party to any agreements between or among users, Users, or third-parties. Roof Online does not perform Contractor Services and disclaims all liability with respect thereto. No agency, partnership, joint venture, or employment is created as a result of these Terms or any user’s or User’s use of any part of the Platform, including but not limited to any scheduling or other services. Neither Roof Online nor any Users or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Users are required by these Terms to provide accurate information, and although Roof Online may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any User or their purported identity or background.

Roof Online may publish articles containing tips, guides, lists, suggestions or similar content concerning building maintenance or home improvement projects. These articles are not comprehensive, and they do not necessarily apply to any User’s specific home or any other specific building. Any advice given in these articles is provided based on generalized, public knowledge concerning building maintenance, home improvement, and safety, and is not necessarily provided by experts. Roof Online articles should be considered only in conjunction with the advice of licensed experts and should never be construed as comprehensive. Roof Online disclaims any warranties or representations with respect to the articles on our website.

Any reference on the Platform or in any marketing to a User being licensed or credentialed in some manner, or “featured,” “vetted”, “best of,” “top,” (or similar language) designations indicates only that the User has completed a relevant account process or met certain review standards, and does not represent anything else. Roof Online does not perform background checks on the Contractors that are listed on our website. Any such description is not an endorsement, certification or guarantee by Roof Online and is not verification of a Contractor’s identity and whether they or their Contractor Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise due diligence and care when deciding whether to have any interaction with any other User. Roof Online has no responsibility for any damage or harm resulting from your interactions with other Users.

The Collective Content may contain links to third-party websites, media, offers, or other events/activities not owned or controlled by Roof Online. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.

By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third-parties will be limited to a claim against those particular Users or other third-parties. You agree not to attempt to impose liability on or seek any legal remedy from Roof Online with respect to such actions or omissions.

SANCTIONS FOR VIOLATIONS OF THE TERMS

Without limiting any other rights, Roof Online may, in our sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Roof Online, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit subscription fees already paid, terminating your Account, notifying other Users of the termination of your Account and/or the violation of the Terms, decreasing your status or search rank, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.

ACCOUNT SUSPENSION OR TERMINATION

We may, in our discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your Roof Online Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Roof Online; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, cancelled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services cancelled or delayed as a result of Account termination. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews. Please see our Privacy Policy, incorporated herein by reference, for information regarding data deletion requests following Account termination.

GOVERNING LAW

These Terms and the relationship between you and Roof Online will be governed in all respects by the laws of the state of Texas, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Roof Online that is not subject to arbitration must be resolved by a court located in Dallas County, Texas, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Dallas County, Texas for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.

DISCLAIMERS

YOUR USE OF THE PLATFORM, CONTRACTOR SERVICES, OR COLLECTIVE CONTENT IS SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT ROOF ONLINE DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO CONTRACTORS AND CONSUMERS. THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ROOF ONLINE AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE CONTRACTOR SERVICES OFFERED ON THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. ROOF ONLINE MAKES NO WARRANTY THAT THE PLATFORM OR CONTRACTOR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ROOF ONLINE ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. ROOF ONLINE WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ROOF ONLINE OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CONSUMERS, CONTRACTORS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT ROOF ONLINE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY CONTRACTOR SERVICES. ROOF ONLINE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE CONTRACTOR SERVICES. ROOF ONLINE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD-PARTIES.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING CONTRACTOR SERVICES OR REQUESTING OR RECEIVING CONTRACTOR SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF ROOF ONLINE OR THIRD-PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER ROOF ONLINE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROOF ONLINE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING CONTRACTOR SERVICES OR REQUESTING OR RECEIVING CONTRACTOR SERVICES THROUGH THE PLATFORM.

IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF ROOF ONLINE AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THESE TERMS, PLATFORM, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY CONTRACTOR SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO ROOF ONLINE BY YOU HEREUNDER, OR ONE HUNDRED U.S. DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN JURISDICTIONS THAT DO ALLOW LIMITATIONS OF LIABILITY, THE LIMITATION DESCRIBED ABOVE WILL APPLY FULLY TO RESIDENTS OF THOSE JURISDICTIONS.

INDEMNIFICATION AND RELEASE

You agree to release, defend, indemnify, and hold Roof Online and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your User Content; (c) your interaction with any User; and (d) the request or receipt or offer or provision of Contractor Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Contractor Services.

Notwithstanding the foregoing paragraph, if you are a resident of a jurisdiction where the foregoing is prohibited, you only agree to release, defend, indemnify, and hold Roof Online and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

GENERAL

Force Majeure: You agree that Roof Online will not be liable for any delay or failure in performance under these Terms arising out of a cause beyond your or our control and without our fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, epidemics, acts of declared or undeclared war, acts of regulatory agencies, or other disasters.

No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.

Contacting You: You agree that Roof Online may provide you with notices, including those regarding changes to the Terms, by email or postings on the Platform.

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Roof Online on the Platform, will constitute the entire agreement between you and Roof Online concerning the Platform. Except as explicitly stated herein, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

Waiver: No waiver of any provision of the Terms will be deemed a further or continuing waiver of such term or any other term, and Roof Online’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Contractor Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations will not apply to residents of New Jersey.

Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

Contact Information: If you have any questions about the Terms or the Platform, please contact us through the form available on Roof Online’s Contact page.