Welcome to the RoofClaim Network! We’re excited to help you grow your business. When you use the RoofClaim
Network, you enter into a legal agreement, which are the Terms that you see below. To help you understand the key
provisions of this agreement, below this introduction we’ve included questions and answers that address the most
important points of the agreement that you should understand. This summary is not part of the agreement itself, but
rather a tool to help you better understand the agreement and the terms of your membership. You still need to read the
entire agreement below. We have also bolded several areas that address important legal rights, including a class action
waiver and binding arbitration.
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND
CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION
AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
Key Provisions of Your RoofClaim
Network Membership
Q. How does RoofClaim work? A. First we find consumers looking for help with home projects and collect
information about their project. Your Portal will then be updated to show all available Leads. Once payment is
received, we will email you the Lead information. A Lead is NOT a guaranteed job but the contact information of
an interested customer and the chance to sell a job. While all of the Leads that you pay for will not turn into won
jobs, successful pros win more than enough jobs to return a profit and pay for the Leads that did not turn into won
jobs .
Q. What are the terms of payment? A. All payments will be upfront. Once payment is received by RoofClaim,
you will receive an email with the requested information about your lead or package.
Q. Do I only pay for the jobs I win? A. No, RoofClaim does not provide or guarantee jobs, but RoofClaim
sends each Lead to only one pro. You will be charged for each Lead you receive, whether or not you ultimately
win the job, and regardless of whether the customer hires any pro to complete the job.
Q. How much do leads cost? A. The price of our Leads varies due to a number of factors, including the type of
request and the location of the request. Once enrolled, you can see the current price of Leads for the tasks and
areas for which you are profiled by logging into your RoofClaim Network account.
Q. Do you warrant or guarantee your service? A. No, we do not make any guarantees or warranties about our
services, including whether you will be successful or how many jobs you will win.
Q. How will you contact me? A. By becoming a RoofClaim Network member, you authorize RoofClaim and its
affiliates to contact you regarding account information or other marketing offers via email, fax, text, or phone,
using automated technology, even if you are on a state or federal Do Not Call list and even if you have previously
opted out of RoofClaim marketing.
Q. What does it mean that I need to indemnify you? A. If someone sues us because of something you did,
you're responsible for it, so please read Section 4 carefully.
Q. What is arbitration, and what does it mean to waive my class action rights? A. A third party arbitrator will
help us resolve any disputes we might have. This means that any dispute will be resolved outside of class-action
litigation. Hopefully, disputes will never be an issue, but you should read Section 5 carefully for details on how it
works.
Q. Can I get a refund if I cancel my membership? A. You are entitled to a refund of fees paid if you cancel within
seventy two
(72) hours of enrolling, excluding fees paid for Leads, regardless or whether or not you have contacted them. In
any other case, RoofClaim is not obligated to refund you any fees.
Q. How do I cancel my Account? A. You may cancel your Account by emailing RCN@RoofClaim.com. Note:
Cancellation of your account will not pay off any balance due from you to RoofClaim.
ROOFCLAIM SERVICE PROFESSIONAL
TERMS
This Agreement ("Agreement") governs your relationship with roofclaim.com, LLC. In this Agreement, we will refer to
you, the member Service Professional, and all of your d/b/a's, affiliates, agents, employees, representatives and
subcontractors as "you," "SP," "Service Professional", “Pro” or "member" and to RoofClaim and its employees and agents
as "we" or "us" or "RoofClaim." Other Service Professionals who have joined RoofClaims network are referred to in this
Agreement as "Service Professionals," "SPs," or "members." Unless otherwise stated, all terms and conditions set forth in
this Agreement that apply generally to Service Professionals also apply to and bind you. References herein to the
RoofClaim "Website" include any and all websites now, or hereafter, owned or operated by RoofClaim. It is important
to read our entire Agreement carefully as some of the provisions affect your legal rights. These Terms & Conditions
were last updated on February 2, 2022.
- What we Agree
- What you Agree
- Fees
- Indemnification; Limitation of Liability; Disclaimer of Warranties
- Agreement to Arbitrate All Disputes and Governing Law
- Other Terms
- What We Agree.
a. With Respect to Lead Purchasing Members.
i. RoofClaim receives requests from homeowners, consumers, property managers,
individuals and other persons ("customers") expressing interest in certain services
relating to roofing projects ("service requests"). These service requests from
customers may be submitted directly or indirectly to RoofClaim by customers via the
RoofClaim Website, telephone calls, third party websites or other means. In turn,
RoofClaim uploads Leads available for purchase to the Portal. Once purchased, the
Lead information (contact information and address) will be emailed to you (a
"Lead").
ii. We will not provide the Lead to any other SP.. We do not guarantee to provide you
any specific number of Leads, nor do we make guarantees, representations or
warranties regarding a customer's level of interest, their desire to have work
completed, their ability to pay you, the accuracy of the information provided by the
customers, or that any customers will hire you to perform services, nor do we
guarantee that you will successfully contact each customer. We are not involved in,
nor do we have any responsibility for your contracts with customers or any payments
to you or any disputes they may have with you or you may have with them.
iii. If your ratings on social media or other internet review sources is/falls below three
(3) stars, at the sole discretion of RoofClaim, we may disqualify you from purchasing
from RoofClaim.
b. With Respect to Package Purchasing Members:
RoofClaim receives requests from homeowners, consumers, property managers, individuals and
other persons ("customers") expressing interest in certain services relating to roofing ("service
requests"). These service requests from customers may be submitted directly or indirectly to
RoofClaim by customers via the RoofClaim Website, telephone calls, third party websites or other
means. RoofClaim contacts the customer and schedules an appointment to meet with the customer.
RoofClaim then creates a set of contacted and scheduled appointments (“Package”), and uploads
Packages available for purchase to the portal. Once purchased, the Package information (contact
information and address) will be emailed to you.
c. By creating your Network account, or by purchasing a Lead or a Package from RoofClaim, you
agree that at RoofClaim’s sole discretion, you may be placed in RoofClaim’s directory product
which is displayed on the RoofClaim Website ("Directory"). RoofClaim does not make any
representations or warranties regarding how often your listing will appear or be viewed, or where
or on what page of the Website your listing will appear, or your conversion rate for impressions or
views of your placement.
- What You Agree.
You agree to all terms and conditions of this Agreement and represent, on behalf of you, your company
(including any predecessor entities of your company), employees, subcontractors, and any individuals
performing work on your behalf, at the time you become a RoofClaim SP, and thereafter while this
Agreement remains in effect, as follows:
a. Background Check Authorization and Disclosure:
i. AUTHORIZATION: You hereby: (a) represent that you are the owner, principal, or
manager of the company with authority to bind the company.
ii.DISCLOSURE:RoofClaim hereby discloses to you that a consumer report, as
defined by the Fair Credit Reporting Act, may be obtained for the purpose of
advertising with RoofClaim, its affiliates, representatives, or agents. You hereby
authorize the procurement of the consumer report. Information from the consumer
report will not be used in violation of any applicable federal, state, or local equal
employment opportunity law or regulation. You understand that your date of birth
will be used solely for identification purposes and will not be taken into account in
any advertising decisions.
b. Membership in the RoofClaim network is available only to individuals who are at least 18 years
old and can form legally binding contracts under applicable law. By applying to join RoofClaim,
you represent and warrant that you are eligible.
c. You are qualified and capable of performing roofing services or tasks (including but not limited
to roof replacements) in all locations in which the Lead(s) or Package(s) you purchase are
located..
d. You are, and at all times will be, properly and fully licensed*, bonded and insured (at levels in
accordance with applicable industry standards) under all applicable laws and trade regulations
(and upon request will produce documentation to verify this), and further, that you have not
been turned down for insurance coverage related to your provision of services. You will notify
us promptly of any such changes to your licensing, bonding or insured status.
*If you or your company are operating under a license with special restrictions you agree and
represent that you will at all times operate within the guidelines as specified by such restrictions.
e. e.You will comply with the RoofClaim membership requirements as specified from time to
time. If these requirements are amended, you will be advised and must comply with any
changes immediately upon notification if no action is required on your part or within thirty
(30) days if affirmative action is required of you.
f. You hereby represent that you, any predecessor entities of your company, any other majority
shareholders, partners or members, and your company, are free from any felony criminal
convictions. If at any time during your membership with RoofClaim you, any predecessor
entities of your company, any other majority shareholders, partners or members or your
company, should have a felony conviction entered against such party, you will promptly notify
RoofClaim. You further represent that you have not been sanctioned or penalized by any
governmental authorities in connection with your provision of services to any of your customers,
and that you have not been denied membership to (or had your membership revoked from) any
professional industry associations. You authorize RoofClaim to verify that all of the above
representations are truthful and accurate at any time while this Agreement remains in effect.
g. You further represent and warrant that you, your employees and subcontractors do not have any
criminal dispositions in connection with any military service whether in or through a military
court, military tribunal, or court martial. You further represent and warrant that neither you, your
employees nor your subcontractors will be impaired by any drugs, alcohol or other controlled
substances while performing any services pursuant to this Agreement.
h. You will cooperate with us if, at our sole discretion, we attempt to facilitate the resolution of any
customer complaints between you and your customers; however we are not liable to you or any
customer if such matters cannot be resolved. We reserve the right to charge you for any amounts
paid to a customer by RoofClaim in connection with a dispute between you and a customer, or
based upon your performance of or failure to perform services for a customer, and you agree to
reimburse us for any such payments and for any costs, expenses or attorneys' fees incurred by
RoofClaim in connection with the dispute. You agree that we shall have the right to disclose any
information we have regarding you and your company to any authorities requesting information
from us regarding any work or services you have performed.
i. A customer cannot contract with you via the RoofClaim Website. You agree that you will not
charge a Lead fee to a consumer who has not hired you for a job.
j. You agree and consent that we may post and publish your logo(s) or portions thereof at our sole
discretion on our Website or in marketing materials including your name and company or agency,
and that you shall not be entitled to any payments associated with our use of the foregoing. You
hereby authorize us to use your name, company name, logo(s) and franchise name, as applicable,
and any of the trademarks, service marks, trade names and logos, for use and posting on our
Website and for use in marketing materials to be presented to customers or prospective SPs in
online postings, via emails or otherwise, and that you shall not be entitled to any payments
associated with our use of the foregoing. You further represent that you have all necessary rights
to display any of the logos, service marks, trademarks, and any other content that you upload to
your website, and you represent that your uploading for display of any such content, and the use
by RoofClaim of such content as contemplated by this Agreement, shall not violate any third
party's intellectual property rights. If there are any limitations or restrictions pertaining to the use
or presentation of such logos, trade or service marks, it shall be your responsibility to provide us
in writing with any such restrictions or limitations of use. You are expressly prohibited from
registering any trademarks or domain names of RoofClaim or its affiliates.
k. By posting or providing any content on your website, including but not limited to logos
("Content"), you represent and warrant to RoofClaim that you own or have all necessary rights to
use the Content, and grant to RoofClaim the rights granted below. The foregoing representation
includes, but is not limited to a representation and warranty that you own or have the necessary
rights (including any necessary releases) to grant all rights granted below in relation to any
Content. In addition, if you post or otherwise provide any Content that is protected by copyright,
you represent that you have obtained any necessary permissions or releases from the applicable
copyright owner. You hereby grant RoofClaim and its users a perpetual, irrevocable,
non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use,
store, display, reproduce, modify, edit, abridge, crop, create derivative works, perform, distribute
your Content on the Website, and on any other websites owned or operated by RoofClaim.
Nothing in this Agreement shall restrict other legal rights RoofClaim may have to the Content, for
example under other licenses. RoofClaim reserves the right to remove or modify Content placed
on the Website for any reason, including Content that RoofClaim believes violates this Agreement
or our policies. You further authorize us and our affiliates, licensees, sublicensees, and users,
without compensation to you or others, to reproduce, print, publish and disseminate in any format
or media (whether now know or hereafter created) the Content, including, if submitted, your
name, and such permission shall be perpetual and cannot be revoked for any reason. In the event
your account is terminated, or if you remove any Content from your RoofClaim account,
RoofClaim and its users may retain your Content and may continue to use any of your Content
(pursuant to the license granted above). You acknowledge and agree that any Content may be
viewed by the general public and will not be treated as private, proprietary or confidential.
Further, to the extent permitted under applicable law, you waive and release RoofClaim and
covenant not to assert any moral rights that you may have in any Content posted or provided by
you.
l. You acknowledge and agree that all of the content and information posted on the RoofClaim
Website, including but not limited to listings on the Directory, for all RoofClaim Service
Professional members (excluding any logos or trademarked materials, or other intellectual
property of Service Professionals provided by Service Professionals), is the sole and exclusive
property of RoofClaim. You acknowledge and agree that you have no right to reproduce, post,
publish, display or otherwise use any content posted on the RoofClaim Website. You represent
and warrant that all of the information you provide to RoofClaimis true and accurate, and shall at
all times be maintained in an accurate, up-to-date and professional manner, and in compliance
with all applicable laws and regulations. You acknowledge that a violation of any of the foregoing
could result in significant damages, and you agree that you are liable to RoofClaim for any such
damages, and will indemnify RoofClaim in the event of any third party claims against RoofClaim
based on or arising from your violation of the foregoing.
m. You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business
practices with RoofClaim, any customer or other third party, including, but not limited to,
disclosing any user personal information to any third party. You will at all times be in full
compliance with all applicable Federal, State, Provincial, local and other laws and regulations that
apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY
SHARE, DISTRIBUTE, TRANSFER, OR SELL A ROOFCLAIM SERVICE REQUEST,
PACKAGE (OR ANY PART THEREOF) OR LEAD (OR THE INFORMATION CONTAINED
THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY
SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD
RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND
DAMAGES TO OTHERS AND TO ROOFCLAIM AND OTHER SERVICE PROFESSIONAL
MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE
LOSS OF TIME AND EFFORT ON THE PART OF ROOFCLAIM. THERE ALSO MAY BE
REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS
AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE
LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND
PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL
ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE,
DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, PACKAGE (OR ANY PART
THEREOF) OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN
AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY
INDEMNIFY AND BE LIABLE TO ROOFCLAIM, AS SET FORTH IN SECTION 6 BELOW,
FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND
CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR
ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
n. You agree to allow only employees of your company or independent contractors performing
services directly on behalf of your business to contact or provide any service to customers you
learn of via a Lead or Package. To the extent you use any such subcontractors, you shall be
responsible and liable for all acts and omissions of such subcontractors and for ensuring that such
subcontractors comply with all the provisions of Section 2 of this Agreement. You agree not to
sell, trade, gift, assign, or otherwise transfer any Service Requests, Packages or Leads provided by
RoofClaim to any other party, including any other RoofClaim Service Professionals.
o. In the event you participate in any promotion whereby RoofClaim promotes an offer or
discount related to your services, whether on the RoofClaim Website, via direct mail, or
otherwise, you agree to abide by the terms of such offer or discount.
p. By enrolling in the RoofClaim network or otherwise becoming a member of RoofClaim’s
network, and/or by inquiring about membership in the RoofClaim network or other
RoofClaim products or services, you are requesting, and you expressly consent to being
contacted by us and by our agents and representatives via phone, fax, email, mail or other
reasonable means, at any of your contact numbers or addresses, even if you are listed on any
federal, state, provincial or other applicable "Do Not Call" list, and even if you have
previously opted- out from receiving marketing emails from RoofClaim , in order that we
may provide the services set forth on our site, to service your account, to reasonably address
matters pertaining to your account or for other purposes reasonably related to our business,
including marketing related emails. You agree and acknowledge that RoofClaim and its
affiliates may use automated phone technology (including autodialed and prerecorded
messages) to provide you with operational communications concerning your account or use
of the Services, updates concerning new and existing features on the RoofClaim website,
communications concerning promotions run by us, and news concerning RoofClaim and
industry developments, and that your consent is not required to purchase products or
services. If a contact number you have provided to us is no longer your number, you agree to
notify us promptly that you can no longer be reached at that number. You represent that you
have received, and are authorized to convey to us, the consent of any authorized users on
your account to be contacted by us as described in this Section. You agree that all consents
provided in this Section will survive cancellation of your account. You consent to be
automatically opted in to RoofClaim’s’s SMS program, “RoofClaim Lead Alerts,” and agree
that RoofClaim may send you text messages with instructions on setting up your account
and special offers. For questions, Text HELP for more help, and Text STOP to opt out of
messages. Message and data rates may apply, and message frequency may vary. Carriers are
not liable for delayed or undelivered messages, and supporting carriers include AT&T,
Sprint, Verizon, T-Mobile & Metro-PCS. You may opt-out of receiving all text (SMS)
messages from RoofClaim (including informational or transactional messages) by replying
with the word "STOP" to a text message from us; however you acknowledge that opting out
of receiving all texts may impact your use of the Services.
q. You represent and warrant that to the extent that a consumer is interested in any financing options,
you will not attempt to apply for any financing on the consumer's behalf.
- Fees.
a. You agree to be bound by the then applicable pricing (shown on the Website, respective to each Lead
and Package (all fees are stated and payable in US dollars) for any and all Leads or Packages you
purchase. RoofClaim reserves the right to charge your method of payment for any fees immediately
upon receipt of your payment information by you or your representatives.
i. Lead Fees. You agree that you will pay RoofClaim on a per Lead basis for all Leads, and
on a per Package basis for all Packages. We may, in our sole discretion issue you a credit
("Credit") for any Lead or Package Fees that you dispute (by emailing
RCN@RoofClaim.com ), provided, however, that any and all requests for Credits must
be received by RoofClaim within 45 days of the date that the Lead Fee or Package Fee
charge was incurred. Credits that are issued to a Service Professional's account will be
issued as a refund.All Lead Fees and Package Fees constitute advertising fees paid by you
to RoofClaim and are in no way, referral commissions based upon your successful
completion of services.
i. Discounts. When you purchase multiple products, you may be eligible
for certain discounts, as set forth on the then-current pricing on the
Website, provided, however, that cancellation of a product/service for
which you have received a discount, may result in the discount being
rescinded retroactively for the remaining products/services, and an
immediate additional payment to be immediately due and payable to
RoofClaim. ..
ii. You agree to promptly notify RoofClaim if you become aware of a potential breach
of security (such as an unauthorized disclosure or use of your payment method). In
addition, you authorize us to obtain updated or replacement expiration dates and card
numbers for your credit or debit card as provided by your credit or debit card issuer.
iii. You acknowledge that past due balances will be subject to a late charge equal to the
lesser of 1.5% per month or the maximum amount allowed by applicable law. In
addition, any returned payments will incur a $20 fee per transaction.
iv.Any disputes about charges to your account must be submitted to RoofClaim in
writing within 30 days of the date such charges are incurred. You agree to waive all
disputes not made within the 30 day period, and all such charges will be final and not
subject to challenge.
v. Past due accounts may be turned over to a third-party collection agency and reported
to a credit rating agency and we may bill you for, and you agree to pay for any and all
collection and related litigation fees.
vi. No fee is due or payable to the extent such fee is in violation of any applicable law.
vii. You agree and acknowledge that RoofClaim may utilize Backlinking between your
website and our Website, and agree, upon request, to assist RoofClaim in the
implementation, maintenance, and revisions thereof in a timely manner.
viii. You authorize RoofClaim to charge you for any sales or similar taxes that may
be imposed on your Lead fees, Package Fees or any other fees charged by
RoofClaim.
- Indemnification; Limitation of Liability; Disclaimer of Warranties.
a. Indemnification. You shall fully protect, indemnify and defend RoofClaim and all of its
agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors
and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all
claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever,
including but not limited to personal injury, intellectual property infringement, fraud, deceptive
advertising, violation of any state, provincial or federal laws or regulations, property damage,
attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection
with or in the course of or incidental to (i) any of your work for or dealings with any customers,
(ii) your advertising, or (iii) your services, representations, or obligations (including but not
limited to your obligation to maintain the confidentiality of user personal information) set forth in
this Agreement, including any extra work you perform for a customer for which RoofClaim has
not provided to you,, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF
ROOFCLAIM OR THE INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR
TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR
NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY
ROOFCLAIM OR THE INDEMNIFIED PARTIES.
i. Limitation of Liability. IN NO EVENT ARE WE LIABLE TO YOU FOR ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL
DAMAGES, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN
NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ROOFCLAIM
TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO
ROOFCLAIM DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF
THE BASIS OR FORM OF CLAIM.
ii. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE
ROOFCLAIM SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS,
AND ROOFCLAIM DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW .
a. The exclusive means of resolving any dispute between you and RoofClaim or any claim or
controversy arising out of or relating to or that have arisen based on use of this Website
and/or RoofClaim’s 's services (including any alleged breach of these Terms and Conditions)
shall be BINDING ARBITRATION administered by the American Arbitration Association.
You may not under any circumstances commence, participate in or maintain against
RoofClaim any class action, class arbitration, or other representative action or proceeding.
NOTICE OF RIGHTS
b. By using the Website and/or RoofClaim's services in any manner, you agree to the above
arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to
assert or defend any claims between you and RoofClaim . YOU ALSO GIVE UP YOUR
RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Your rights will be determined by a NEUTRALARBITRATOR, NOT A JUDGE OR
JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any
relief that a court can, but you should note that arbitration proceedings are usually simpler
and more streamlined than trials and other judicial proceedings. Decisions by the
arbitrator are enforceable in court and may be overturned by a court only for very limited
reasons.
i. Any proceeding to enforce this arbitration agreement, including any
proceeding to confirm, modify, or vacate an arbitration award, may be
commenced in any court of competent jurisdiction. In the event that this
arbitration agreement is for any reason held by an arbitrator to be
unenforceable, any litigation against RoofClaim may be commenced only in
the federal or state courts located in Cobb County, Georgia. You hereby
irrevocably consent to the jurisdiction of those courts for such purposes.
ii.These Terms and Conditions, and any dispute between you and RoofClaim, shall
be governed by the laws of the state of Georgia without regard to principles of
conflicts of law. The rules governing the arbitration proceeding shall be the
Commercial Arbitration Rules and Mediation Procedures.
- Other Terms.
a. This Agreement, and the RoofClaim fees, including Lead prices, may be changed from time to
time. By continuing to use any RoofClaim services you are agreeing to be bound by any such
non-material changes. Material changes to this Agreement will be posted on the RoofClaim
Website at roofclaim.com/pro-purchasing-terms-and-conditions and periodically communicated
to you by email, text, or other reasonable means. By continuing to use any RoofClaim services
after receiving any such notice of changes from RoofClaim, you are agreeing to all such
changes.
i. You may terminate this Agreement upon our receipt of your notice during normal
business hours (such termination to be effective upon the close of business on the day
properly delivered and received), but you shall be obligated to pay for any Leads or
services delivered to you prior to us receiving your termination during normal
business hours.
ii. RoofClaim, in its sole discretion, reserves the right to suspend your rights under
this Agreement or terminate this Agreement and your membership in the
RoofClaim network immediately at any time for any reason or no reason at all.
iii. If this Agreement is terminated or expires, your agreements and obligations under
this Agreement shall continue; and any Leads or Packages provided to you during the
term of this Agreement and relationships you enter into or create from those Leads or
Packages will continue to be governed by this Agreement including but not limited to
with respect to any disputes that may arise or claims that may be made against us and
any indemnification of us by you for such claims.. Upon any termination of this
Agreement, you will no longer have access to your RoofClaim account.
iv. If it is determined or suspected by RoofClaim in its sole discretion that you are
misusing or attempting to misuse or circumvent the RoofClaim services or system or
any customer data, or are using or attempting to use it for any inappropriate, illegal,
harmful, or anti-competitive, purposes, including but not limited to activities such as
hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities
inconsistent with the services proposed to be offered by RoofClaim, in addition to
our right to immediately terminate this Agreement, RoofClaim reserves the right, in
its sole discretion, to instigate, without notice, appropriate legal actions or
proceedings to seek appropriate remedies and/or damages, including but not limited to
lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other
equitable remedies.
v. In the event of termination of this Agreement, except as set forth in Section 3
herein, you shall not be entitled to any refund of any fees paid to us.
vi.You will be liable for any attorneys' fees and costs if we have to take any legal
action (including the retention of a lawyer) to enforce this Agreement. The laws of
the State of Georgia (excluding the laws and principles with respect to conflicts of
law) govern this Agreement. You hereby consent and agree that the state or federal
courts in Cobb County, GA are the exclusive forum for litigation of any claim by
you arising under this Agreement or your use of the RoofClaim Website and/or
Services, and you submit to sole and exclusive jurisdiction in the state of Georgia,
and hereby irrevocably waive and relinquish any right to bring, or cause to be
brought, any such action, or to have any such action brought, in any judicial or
administrative forum outside of such forum.
vii.You understand and agree that you are an independent contractor of RoofClaim, and
are not a RoofClaim employee, joint venturer, partner, or agent. You acknowledge
that you set or confirm your own prices, provide your own equipment, and determine
your own work schedule. RoofClaim does not control, and has no right to control, the
services you provide (including how you provide such services) if you are engaged by
a consumer, except as specifically noted herein.
viii.If any provision of this Agreement is held by any court or other authority of
competent jurisdiction to be invalid, illegal or in conflict with any applicable state or
federal law or regulation, such law or regulation shall control, to the extent of such
conflict, without affecting the remainder of this Agreement.
ix. In the event that any condition, covenant, or other provision of this Settlement
Agreement, in whole or in part, is held to be invalid or void by any court of
competent jurisdiction, that whole or part shall be deemed severable and shall in no
way affect any other condition, covenant, or other provision of this Settlement
Agreement. If such condition, covenant, or other provision is held to be invalid due
to its scope or breadth, it shall be deemed to remain valid to the extent permitted by
law.
x. Wireless data usage is subject to the fees and terms of your wireless subscriber
agreement or data service plan with your provider, and you may incur charges from
your telephone service provider for text messages, phone calls, email
communications and data transferred.
xi. RoofClaim has the right to use all information related to You in accordance with
its Privacy Policy, which can be found at https://roofclaim.com/privacy-policy/
xii.You agree not to copy/collect RoofClaim content via robots, spiders, scripts,
scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).