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Terms of Use

Last Updated 8/21/24

THIS WWW.INSTANTROOFER.COM/WEBSITE (“SITE”) IS OWNED AND OPERATED BY UP ON THE ROOF TECHNOLOGIES, INC. (the “Company”). THESE TERMS OF USE (these “TERMS”) GOVERN YOUR ACCESS TO AND USE OF THE SITE. YOU SHOULD CAREFULLY READ THESE TERMS. YOUR USE OF THE SITE MEANS THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THAT YOU HAVE ENTERED INTO A BINDING LEGAL AGREEMENT WITH THE COMPANY IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS YOU SHOULD DISCONTINUE YOUR USE OF THE SITE. IN ADDITION, WHEN USING A PARTICULAR SERVICE AND/OR ACCESSING CERTAIN MATERIALS ON OR THROUGH THE SITE, YOU SHALL BE SUBJECT TO ANY POSTED TERMS OR RULES APPLICABLE TO SUCH SERVICES OR MATERIALS, WHICH ARE IN ADDITION TO THESE TERMS. ALL SUCH TERMS OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS, AND IF YOU DO NOT AGREE WITH THEM YOU SHOULD NOT USE THE SERVICE AND/OR MATERIALS.

Consumer Communication

To ensure the accuracy, courtesy, and promptness of our customer service, calls between you and Instant Roofer, as well as any of our affiliates, agents, case managers, and/or attorneys, may be recorded. Instant Roofer may occasionally make calls or send SMS text messages to any telephone number associated with your account. These communications are primarily intended for service-related updates, customer assistance, and important notifications.

The methods we employ for such communication may include, but are not limited to, the use of pre-recorded or artificial voice messages or an automatic telephone dialing system. Rest assured, we respect your privacy, and we commit to maintaining the integrity of your personal information.

You certify, warrant, and represent that the telephone numbers you have provided to us are your contact numbers. You represent that you are authorized to receive calls at each of the telephone numbers you have provided to us. Further, you agree that Instant Roofer may send emails to any email address you provide us, or use other electronic means of communication to the extent permitted by law.

It is essential to clarify that Instant Roofer is committed to respecting and safeguarding your privacy. We will not send promotional SMS or automated calls without your explicit consent. Our primary purpose is to provide you with a seamless and hassle-free roofing replacement experience, without the inconvenience of unsolicited communications.

Prohibited Use of Automated SMS Messaging and Automated Calls

Instant Roofer is committed to preserving the privacy and peace of mind of homeowners using our service. Accordingly, the use of automated SMS messaging by contractors in connection with leads provided by Instant Roofer is strictly regulated.

Contractors receiving leads from Instant Roofer are strictly prohibited from contacting homeowners through automated SMS messages or robocalls without express prior consent from the homeowner. Consent must be obtained directly from the homeowner and cannot be inferred or assumed.

In the case where the homeowner explicitly provides consent, the contractor must comply with all applicable laws, regulations, and guidelines governing automated SMS messaging and robocalls. This includes, but is not limited to, providing an easy and effective opt-out mechanism for the homeowner to discontinue receiving such messages at any point.

Contractors found to be in violation of this policy may face suspension or termination of their relationship with Instant Roofer. Further legal actions may be taken if necessary.

This policy is in line with our commitment to respect and protect the privacy of homeowners while ensuring a smooth, hassle-free roofing replacement experience.

Content Is Information Only, Not Advice

Thank you for visiting the Site. The information contained on the Site is provided for educational and informational purposes only and the contents of the Site are not and should not be construed as legal advice. As is described further below, nothing on the Site is medical advice or should supplement or inform in any way your medical decisions or a decision to seek medical advice.

The Site is not an offer to perform services on any matter. This Site contains general information from a variety of sources and might not reflect current legal developments, verdicts, or settlements. We do not undertake to update the material on our Site to reflect subsequent legal or other developments.

This Site is designed to be accessible to and usable by people with and without disabilities. Please call us at 808-351-5713 or email us at [email protected] if you have any accessibility or usability issue on the Site.

We may update, change, modify, or revise these Terms at any time and for any reason. Any changes will become effective upon posting to the Site, along with the date on which it was most recently revised as indicated by the “Last Updated” heading at the top of these Terms. Your continued access to and/or use of the Site after any such modifications constitutes your acceptance of the Terms as modified. It is your responsibility to review the Terms of Use regularly for updates. Please contact us as provided above if you would like information regarding any modifications. If any modification to these Terms of Use is held to be invalid, void, or unenforceable for any reason, such modifications shall be deemed severable and shall not affect the validity and enforceability of these Terms of Use and the remaining provision.

Ownership and Intellectual Property Rights

The Site and the Company software, systems, technology, and know-how (“the Company Technology”) are owned by or licensed to the Company and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and proprietary rights. All trademarks, trade names, graphics, logos, and trade dress included in or made available through the Site (including, without limitation, “INSTANT ROOFER”) are owned by or licensed to the Company and protected by U.S. and international trademark laws.

Except as expressly set forth herein, nothing herein shall be construed to confer any grant or license of any the Company Intellectual Property Rights, whether by estoppel, by implication, or otherwise. You are strictly prohibited from using any of the Company intellectual property except as expressly provided in these Terms of Use. You are also advised that the Company and its licensors will aggressively enforce its intellectual property rights to the fullest extent of the law.

Restrictions on Use

You agree not to:

  • reproduce, distribute, publically display, or otherwise transfer the Site;
  • adapt, alter, modify, reverse engineer, disassemble, or decompile the Site;
  • prepare derivative works based on the Site or any the Company technology;
  • remove, obscure, or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Site;
  • frame, mirror, or in-line link the Site, or incorporate into another website, application, or other service any the Company intellectual property without company expressed permission.
  • use the Site for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
  • attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
  • interfere with any access control measures or attempt to disable or circumvent such security features;
  • post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
  • submit or post any false or misleading information; and/or
  • violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of the Company, its licensors, or any other person or entity.

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, users, us, our brand, our business partners and licensors, or any other person or entity, or that violates these Terms of Use and/or applicable law.

Any unauthorized use automatically terminates the license granted to you hereunder.

No Relationship or Obligation Arises from Use of the Site

The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts, and who is licensed in the applicable state, and is familiar with the applicable law. Internet subscribers, mobile application users, and online readers should seek professional counsel about their legal rights and remedies. You should not act or refrain from acting on the basis of any information found the Site. Any actions or decisions about your legal rights should be based on the particular facts and circumstances of your situation, and appropriate legal advice from an attorney retained directly by you. The Company EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED UPON ANY INFORMATION OR OTHER CONTENTS OF THIS SITE. Viewing the Site, or communicating with the Company by e-mail or through the Site does not constitute or create a consulting-client relationship with anyone.

THE SITE IS PROVIDED “AS IS”. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ONLINE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE Company DOES NOT GUARANTEE THAT THE ONLINE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Accounts

To use some features of the Site, you may be required to create an account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of the information you hold for your account login, including your password, and for all comments, data, images, and other content made from your account (each, a “Submission”). You agree to notify us immediately of any unauthorized use of your login. The Company may suspend access to your account if it suspects illegal or improper use, or for other reasons, such as for account management purposes, at its sole discretion.

Confidentiality is Not Guaranteed

Information sent to the Company via e-mail or through the Site is not secure and is done on a non-confidential basis. The Company may make reasonable efforts to keep communications private, but because of the nature of Internet communications and the absence of an attorney/client relationship, we cannot promise or guarantee confidentiality.

Use of Instant Roofer Applications

By signing up as a contractor with Instant Roofer, you acknowledge and consent to the use of automated technology (referred to as “bots”) by Instant Roofer. These bots are employed to verify the presence and functionality of Instant Roofer’s applications on your company’s website. The information collected by these bots is solely used to monitor and maintain the health and safety of our applications.

Instant Roofer does not sell the information gathered by these bots. Our primary goal is to ensure that our applications are running smoothly on your website and to provide better support and service to you as our contractor. For detailed information on what our technology collects and the specific purposes, please refer to our Instant Roofer Bots Information Page.

Your Consent: By signing up as a contractor with Instant Roofer, you consent to the use of these bots on your website. We are committed to using this technology responsibly, ensuring that any data collected is handled with the utmost care.

The Company Is Not Responsible for Content; Limitation on Liability

The Company may periodically change, remove, or add the material on the Site without notice. This material may contain technical or typographical errors. We do not guarantee the accuracy, completeness, or suitability of any such content. The Company assumes no liability or responsibility for any errors or omissions in the contents of the Site. Your use of the Site is at your own risk. Under no circumstances shall the Company or any other party involved in the creation, production, or delivery of the Site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, the Site. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL the Company BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER LINKED WEBSITE.

Third-party Web Sites

The Site contains links to third-party websites for the convenience of our users. The Company does not endorse any of these third-party sites and does not imply any association between the Company and those sites. The Company does not control these third-party websites and cannot represent that their policies and practices will be consistent with these Terms. If you use links to access and use such websites, you do so at your own risk. The Company is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient. These Terms only apply to the Site and do not apply to any linked sites. We encourage you to read and understand the terms of use of any linked sites that you visit. Links do not imply that we sponsor, endorse, are affiliated with, or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any linked site.

Company Clients

Only individuals who have entered into a mutually signed retainer agreement with the Company are the Company clients (“Company Clients”). Certain portions of the Site designated as such by the Company may be available for use only by the Company Clients. When the Company Clients use such portions of the Site designated by the Company to communicate with us pursuant to our representation of the Company Client, we will ensure that any information provided pursuant to such attorney/client relationship may not be shared with third parties except as is done with such precautions to preserve the confidentiality of the relevant information and any attorney/client privilege as may attach to such information. the Company takes commercially reasonable measures to secure and protect the information that we collect.

The Company has tried to comply with all legal and ethical requirements in compiling the Site. We welcome comments about our compliance with the applicable rules and will update the site as warranted, upon learning of any new or different requirements.

Submissions

You are solely responsible for any information, content, or material you transmit to or through the Site (“Submissions”). You understand that Submissions are considered non-confidential and non-proprietary. Furthermore, you grant the Company an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. You represent and warrant that: (a) you have the right to submit the Submission to the Company and grant the licenses as described above; (b) the Company will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms of Use and all applicable laws and regulations.

The Company takes no responsibility and assumes no liability for any Submission.

International Use

The Site is controlled, operated, and administered by the Company from offices within the United States of America and is only intended for use therein. We make no representation regarding the use of the Site outside of the United States.

Other Terms

If for any reason any provision of these Terms or our Privacy Policy is unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Privacy Policy shall continue in full force and effect. The Company’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by the Company hereof will be deemed effective unless in writing. These Terms, together with our Privacy Policy, as each is currently posted, constitute the entire agreement between the Company and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof, except that this agreement shall not supersede, restrict, or replace any agreements governing the attorney-client relationship between the Company and the Company Clients.

The Company may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and if we determine that you have violated these Terms or other terms or agreements or that may be associated therewith or if you use the Site in a way that we deem, in our sole discretion, to be an unacceptable use.

Copyright © 2024 UP ON THE ROOF TECHNOLOGIES INC. All rights reserved. All materials presented on this site are copyrighted and owned by The Company unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing, or distribution of all or part of any materials found on this site is expressly prohibited.

Delaware Law and Jurisdiction

In order to ensure consistency in the interpretation and enforcement of these Terms and the Company’s rights in the Site, these Terms will be governed exclusively by Delaware law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation arising between you and the Company related, in any way, to the Site and/or these Terms, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms shall remain in full force and effect.