Roofing Unlimitedly is 100% free to homeowners. The estimate we will provide you is not binding and will still require a visit from a roofing professional (“Service Providers”).
You are NOT obligated to work with Roofing Unlimitedly or the Service Provider we connect you with.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Welcome to Roofing Unlimitedly, a marketplace where homeowners seeking roofing services (“Homeowners” or “you”) can obtain roofing job estimates and find and contract for services from roofing professionals (“Service Providers”). The services being provided by Service Providers to Homeowners are herein referred to as “Third Party Services”. Please read on to learn the rules and restrictions that govern your use of our website(s), including without limitation Roofing Unlimitedly.com, products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at 508-425-0973.
You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). “You” and “your” apply to both Homeowners and Service Providers for the purposes of these Terms, unless indicated otherwise.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Roofing Unlimitedly website, and/or by sending you an email and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us.
Roofing Unlimitedly serves as a platform to connect Homeowners in need of Third Party Services with Service Providers who may provide such services. Service Providers provide Third Party Services directly to homeowners and assume responsibility for all aspects of the Third Party Services except as specified hereunder. Roofing Unlimitedly does not provide, or exercise any control or oversight over, Third Party Services. Any contract for Third Party Services is strictly between the applicable Homeowner and Service Provider. Roofing Unlimitedly makes no representations and provides no warranties regarding the quality, legality, suitability, sufficiency, pricing, reliability, timeliness, or accuracy of any Third Party Services or information provided through the Roofing Unlimitedly Services. Roofing Unlimitedly may screen Homeowners and/or Service Providers, but all users should exercise caution and common sense to protect personal safety and property when interacting with other users. NEITHER Roofing Unlimitedly NOR ITS AGENTS OR AFFILIATES ARE RESPONSIBLE FOR THE REPRESENTATIONS OR ACTIONS OR OMISSIONS OF ANY USER OF THE SERVICE, WHETHER ONLINE OR OFFLINE AND WHETHER WITHIN OR OUTSIDE OF THE SERVICES. BECAUSE Roofing Unlimitedly IS NOT THE PROVIDER OF THIRD PARTY SERVICES, IF A DISPUTE ARISES AMONG ONE OR MORE USERS OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, BETWEEN A HOMEOWNER AND A SERVICE PROVIDER, OR BETWEEN MULTIPLE SERVICE PROVIDERS AND/OR HOMEOWNERS), YOU HEREBY RELEASE Roofing Unlimitedly (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM, AND SHALL INDEMNIFY Roofing Unlimitedly AGAINST, ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. We do not expect that you will have a dispute with your Service Provider. However, if a dispute with any Service Provider should arise, Roofing Unlimitedly reserves the right in its sole discretion to attempt to resolve any such dispute. You agree that prior to taking any legal action against a Service Provider, you will give Roofing Unlimitedly 30 days’ written notice prior to doing so and you will participate in a resolution of any dispute in good faith. Notwithstanding the foregoing, you agree that Roofing Unlimitedly shall not be liable for any actions or omissions in connection with its attempts to resolve any disputes.
You may be required to sign up for an account, and select a password and user name (“Roofing Unlimitedly User ID”). When registering for or using the Service, you promise to provide us with accurate, complete, and updated information. You may not select as your Roofing Unlimitedly User ID a name that you don’t have the right to use, or another person’s or entity’s name with the intent to impersonate that person or entity. You may not transfer your account to anyone else without our prior written permission.
Except as expressly contemplated herein, you will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account, including but not limited to charges incurred.
Service Providers are not employees of Roofing Unlimitedly, but are independent contractors that agree to provide Third Party Services to Homeowners. Each Service Provider is responsible for its compliance with applicable federal, state and local employment and wage laws.
Roofing Unlimitedly is not a Service Provider, does not provide any Third Party Services itself, and is not the agent of either contracting party for any purpose. Roofing Unlimitedly provides a variety of features and functionality through the Services to help Homeowners and Service Providers connect, communicate and smoothly execute their transaction. Roofing Unlimitedly is not a general contractor or subcontractor, and the Service Provider is not a subcontractor of Roofing Unlimitedly. You contract directly with the Service Provider.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Roofing Unlimitedly may provide Homeowners with an estimate of the labor cost for Third Party Services. This estimate is only a guide to help you approximate the cost of such services, and is not a representation or guarantee by Roofing Unlimitedly of the actual price of such services. Roofing Unlimitedly provides no representation or warranty as to the accuracy of any price estimates, and Roofing Unlimitedly will not be liable for Homeowner’s or Service Provider’s reliance on any estimate.
In order to retain Third Party Services from a Service Provider, you may be required to have a payment method such as a credit card on file with your Roofing Unlimitedly account. Roofing Unlimitedly may in its sole discretion facilitate Homeowner payments to Service Providers as such Service Provider’s limited payment collection agent.
Roofing Unlimitedly may offer to confirm an appointment with a Service Provider within a specific amount of time and/or schedule Third Party Services for a particular date and time. In such cases, Roofing Unlimitedly will make reasonable efforts to contact an appropriate Service Provider within that time frame and obtain confirmation of a suitable appointment. However, Roofing Unlimitedly cannot guarantee, and ability to confirm appointments depends upon, Service Provider availability and in some cases the service location. Roofing Unlimitedly also reserves the right to cancel scheduled Third Party Services based on Service Provider availability.
Each Homeowner acknowledges and agrees that Roofing Unlimitedly assumes no liability or responsibility for any (i) personal injury or property damage, of any nature whatsoever, arising the provision of any Third Party Services by Service Providers. Homeowner acknowledges that Roofing Unlimitedly cannot guarantee that there are/will be Service Providers who are capable of or willing to complete requested Third Party Services, and that Third Party Services and associated costs may vary during the course of a Third Party Services project.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you promise you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Roofing Unlimitedly ’s) rights.
You understand that Roofing Unlimitedly owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; the restrictions above apply to all materials displayed, performed or available through the Services, even if there is a download or copy function available.
For all User Submissions, you hereby grant Roofing Unlimitedly a worldwide, royalty free, fully paid up, perpetual, irrevocable, fully sublicensable license to use, reproduce, display, perform, adapt, translate, modify, distribute, make derivative works of and otherwise exploit your User Submissions in any manner we see fit (a “User Submission License”). This is a license only – your ownership in User Submissions is not affected. Roofing Unlimitedly may use your User Submissions in any manner for any purpose, including to advertise and promote Roofing Unlimitedly, the Services and/or the Service Provider. Roofing Unlimitedly may refuse to accept or transmit your User Submissions. Roofing Unlimitedly may decide to not post and/or remove your User Submission(s) from the Services for any reason.
If you store a User Submission in your own personal Roofing Unlimitedly account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Roofing Unlimitedly the User Submission License above for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users or an address for a Service Provider) (a “Limited Audience User Submission”), then you grant Roofing Unlimitedly the User Submission License above for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view (a “Public User Submission”), then you grant Roofing Unlimitedly the licenses above for the purpose of making that Public User Submission accessible to all Roofing Unlimitedly users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Roofing Unlimitedly’s business. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services. For clarity, Public User Submissions include, without limitation, feedback regarding Services, Third Party Services, Homeowners, and Service Providers.
Finally, you understand and agree that Roofing Unlimitedly may need to make changes to your User Submissions to conform and adapt those User Submissions for any and all purposes relating to providing the Services (including, without limitation, to make User Submissions compatible with the technical requirements of connection networks, devices, services, or media.
Roofing Unlimitedly respects others’ intellectual property rights, and in accordance with the Digital Millennium Copyright Act (the “DMCA”), we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content. To learn more about the DMCA, click here.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Roofing Unlimitedly has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Roofing Unlimitedly will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Roofing Unlimitedly shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Roofing Unlimitedly is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Roofing Unlimitedly, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." You, being aware of said code section, hereby expressly waive any rights you may have thereunder, as well as under any other statutes or common law principles of similar effect. You acknowledge and agree that this waiver is an essential and material term of this agreement, and that without such waiver, this agreement would not have been entered into by Roofing Unlimitedly.
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
You are responsible for paying all applicable fees and payments as set forth in the Services. Roofing Unlimitedly takes a percentage of all fees and costs for Third Party Services and any other financial transactions facilitated through the Services. Roofing Unlimitedly may require Homeowner to pay a percentage of the total fees and costs of any Third Party Services directly to Roofing Unlimitedly upfront, and Homeowner shall pay the remainder of such fees and costs to the applicable Service Provider upon completion of the Third Party Services. If Homeowner cancels completion of Third Party Services for any reason, Homeowner agrees to pay for reasonable time and materials charges already provided by Service Provider by the time of cancellation. If Homeowner cancels Third Party Services within twenty-four (24) hours of the scheduled start-time, Homeowner may be charged a cancellation fee set by Roofing Unlimitedly. Roofing Unlimitedly reserves the right, but does not have the obligation, to mediate disputes regarding fees and payments at its sole discretion.
Roofing Unlimitedly reserves the right to update or modify its fees and payments policies at any time, and if you wish to continue using such Services, you must pay all applicable fees.
Purchases. If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, updated, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if we suspect that there may be fraud, or any type of unauthorised or illegal.
Roofing Unlimitedly is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Roofing Unlimitedly has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any warranty disclaimers, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Warranty Disclaimer. Roofing Unlimitedly does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Roofing Unlimitedly or others. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Roofing Unlimitedly BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE LESSER OF (I) $100 OR (II) THE AMOUNTS COLLECTED FROM YOU BY Roofing Unlimitedly ON BEHALF OF SERVICE PROVIDERS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold Roofing Unlimitedly, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms and (c) any provision of Third Party Services. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Roofing Unlimitedly ’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures (“Arbitration Rules”) of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive, provisional or emergency relief, from any court of competent jurisdiction prior to any arbitration, or during or after arbitration if permitted under the Arbitration Rules; provided that the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND Roofing Unlimitedly ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
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