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ACCEPTANCE OF TERMS
Acknowledgment and acceptance of these Terms of Use is a binding agreement between you and The Roofing Marketer. By accessing and utilizing the theroofingmarketer.com website or any associated media channels, you signify your agreement to comply with these terms. Should you disagree with any part of these terms, refrain from using the site immediately.
Our headquarters are located in Florida, United States, with our registered address at 16984 Oval Rum Drive, Wimauma, FL, 33598. Accessing the Site from locations outside of Florida, particularly in areas where doing so would contravene local laws, is done at your own risk. It is your responsibility to ensure compliance with relevant local laws and regulations.
The content provided on the Site is not intended for distribution or use in jurisdictions where such actions would violate applicable laws or regulations. Those who choose to access the Site from such locations do so on their own initiative and assume full responsibility for adherence to local laws.
Please be aware that the Site is not designed to meet industry-specific regulatory requirements such as the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA). If your usage of the Site falls under such regulations, refrain from accessing or using it.
Users must be at least 18 years old to access and use the Site. Individuals under the age of 18 are not permitted to register or use the services provided on the Site.
These Terms of Use may be revised or updated at any time and for any reason at our discretion. Your continued use of the Site following any modifications constitutes acceptance of the updated terms. Be sure to review these terms periodically to stay informed about any changes.
INTELLECTUAL PROPERTY RIGHTS
Our website is the sole property of The Roofing Marketer, encompassing all source code, databases, functionality, software, design elements, audio, video, text, images, and graphics (collectively known as the “Content”). Additionally, the trademarks, service marks, and logos present on the site (referred to as the “Marks”) are owned, managed, or licensed by us. These are safeguarded under the copyright, trademark laws, and various other intellectual property regulations and unfair competition laws of the United States, along with international copyright standards and conventions. The Content and the Marks are offered on the site “AS IS” for your informational and personal use only. Other than as specifically allowed in these Terms of Use, no portion of the site or any Content or Marks may be copied, reproduced, compiled, republished, uploaded, displayed publicly, encoded, translated, transmitted, distributed, sold, licensed, or used for any commercial purpose whatsoever, without our explicit prior written consent.
Should you meet the requirements to use the Site, you are given a limited license to access and utilize the Site and to download or print a segment of the Content to which you have rightfully gained access, strictly for your personal, non-commercial purposes. We hold and reserve all rights not explicitly granted to you concerning the Site, the Content, and the Marks.
USER REPRESENTATIONS
By engaging with our Site, you confirm and pledge that: (1) you possess the legal authority and consent to adhere to these Terms of Use; (2) you are not considered a minor within your residing jurisdiction; (3) you will not access the Site via automated or non-human channels, including bots, scripts, or other similar means; (4) you will not engage the Site for any unlawful or unauthorized purposes; and (5) your activities on the Site will comply with all relevant laws and regulations.
Should you submit any information that is false, incorrect, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any current or future access to the Site (or any part thereof).
PROHIBITED CONDUCT
Access to and use of our Site is intended strictly for the purposes we prescribe. Commercial activities not expressly authorized by us are prohibited. As a user, you are prohibited from engaging in the following activities:
USER GENERATED CONTRIBUTIONS
While the Site does not initially enable users to submit or post content, we may offer opportunities to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the Site, such as text, writings, videos, audios, photographs, graphics, comments, suggestions, or personal information (collectively, “Contributions”). These Contributions might be visible to other users of the Site and on third-party websites. Therefore, any Contributions you make may be handled in accordance with our Site Privacy Policy. When offering any Contributions, you confirm and guarantee that:
Using the Site in ways that contravene the aforementioned provisions breaches these Terms of Use, and may lead to actions including, but not limited to, the suspension or termination of your access rights to the Site.
CONTRIBUTION LICENSE
By using the Site, you consent to us accessing, storing, processing, and utilizing any information and personal data you provide in accordance with our Privacy Policy and your selected settings.
When you submit suggestions or feedback about the Site, you agree that we have the right to use and share this feedback for any purpose, without offering you compensation.While you maintain ownership of your Contributions, including any related intellectual property rights, we claim no ownership over them. You are solely responsible for your Contributions and the representations made within them on the Site. We are not liable for any of your statements or claims. By contributing to the Site, you agree to release us from any responsibility regarding your Contributions and waive any legal claims against us related to such Contributions.
SUBMISSIONS
You recognize and accept that any questions, comments, suggestions, ideas, feedback, or other information about the Site (“Submissions”) that you provide to us are not confidential and will become our exclusive property. We will own all rights, including all intellectual property rights, and are entitled to the unrestricted use and distribution of these Submissions for any lawful purpose, whether commercial or otherwise, without any acknowledgment or compensation to you. You hereby relinquish any moral rights to such Submissions and affirm that they are either your original creations or that you have the legal right to submit them. You also agree that you will not seek recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may include links to external websites (“Third-Party Websites”) as well as content such as articles, photographs, text, graphics, music, sound, video, information, apps, software, and other material from third parties (“Third-Party Content”). We do not review, monitor, or verify the accuracy, appropriateness, or completeness of Third-Party Websites or Third-Party Content. Therefore, we are not liable for any Third-Party Websites you access through the Site or any Third-Party Content posted on, transmitted through, or installed from the Site, including its content, accuracy, offensiveness, reliability, privacy practices, or other policies. The inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply our endorsement or approval.
If you choose to leave the Site and access Third-Party Websites, or to use or install any Third-Party Content, you do so at your own risk, and these Terms of Use will no longer apply. You should review the terms and policies, including privacy and data collection practices, of any Third-Party Websites or applications you navigate to or install from the Site. We assume no responsibility for purchases made through Third-Party Websites; such transactions are strictly between you and the third party. You acknowledge that we do not endorse any products or services offered on Third-Party Websites and you agree to hold us harmless from any harm resulting from your purchase of such products or services. Additionally, you agree to hold us harmless from any losses or harm that may result from your interaction with Third-Party Content or Third-Party Websites.
SITE MANAGEMENT
We reserve the right, though not the obligation, to undertake the following actions at our sole discretion:
PRIVACY POLICY
We prioritize your data privacy and security. Please take the time to review our Privacy Policy available at https://theroofingmarketer.com/privacy-policy/. By engaging with the Site, you agree to adhere to our Privacy Policy, which is integrated into these Terms of Use. It is important to note that the Site is hosted in the United States. If you access the Site from regions outside the United States where laws regarding personal data collection, usage, or disclosure may differ from those in the United States, you consent to the transfer of your data to the United States by continuing to use our Site. You acknowledge and agree that your data will be transferred to and processed in the United States.
TERM AND TERMINATION
These Terms of Use are effective while you utilize the Site. We reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Site (including blocking specific IP addresses), to anyone for any reason or no reason at all, particularly for violation of any representation, warranty, or covenant in these Terms of Use or any applicable law or regulation. We may also terminate your access or participation in the Site or delete any content or information that you have posted at any time, without prior warning, at our sole discretion.
If your account is terminated or suspended for any reason, you are prohibited from registering and creating a new account under your own name, a fictitious or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. Alongside terminating or suspending your account, we reserve the right to take appropriate legal action, including but not limited to pursuing civil, criminal, and injunctive remedies.
ALTERATIONS AND DISRUPTIONS
We reserve the authority to alter, adjust, or eliminate the content of the Site at our sole discretion at any time and for any reason without prior notification. We are not required to keep the content of our Site current. Furthermore, we maintain the authority to cease or alter any portion of the Site at any moment without prior notice. We will not be accountable to you or any third party for any changes, price adjustments, suspensions, or cessation of the Site.
Consistent accessibility of the Site is not guaranteed. We may face issues with hardware, software, or require maintenance work on the Site, which may lead to interruptions, delays, or errors. We retain the right to alter, amend, update, suspend, discontinue, or otherwise modify the Site at our discretion at any time and for any reason without notifying you. You acknowledge that we bear no responsibility for any loss, damage, or inconvenience caused by your inability to access or utilize the Site during any downtime or suspension of the Site. These Terms of Use do not impose an obligation on us to maintain or support the Site, nor to deliver any fixes, updates, or releases related to it.
GOVERNING LAW
These Terms of Use and your interaction with the Site are governed by and construed under the laws of the State of Florida. This governance applies to agreements made and fully executed within Florida, irrespective of its conflict of law provisions.
DISPUTE RESOLUTION
Binding Arbitration
Should informal negotiations fail to resolve a dispute, the dispute (except those specifically excluded below) will be definitively resolved through binding arbitration. It is important to understand that without this clause, you would retain the right to sue in court and request a jury trial. Arbitration will be initiated and conducted according to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both available at www.adr.org. The costs of arbitration and your portion of the arbitrator’s fees will be governed by the AAA Consumer Rules and, where applicable, limited by these rules. The arbitration may take place in person, through document submission, by phone, or online. The arbitrator will issue a written decision, and a detailed explanation will be provided only if requested by a party. The arbitrator is required to follow applicable law, and the award can be contested if they fail to do so. Unless otherwise required by the AAA rules or applicable law, arbitration will occur in the United States, Florida. The parties may go to court to force arbitration, halt proceedings while arbitration is pending, or to confirm, modify, or overturn the arbitration result, or to enter judgment on the arbitration award.
Should a dispute proceed in court rather than arbitration for any reason, it will be initiated or prosecuted in the state and federal courts located in the United States, Florida. The parties hereby consent to, and waive all objections to, the jurisdiction and venue of such courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Terms of Use. Any dispute must be brought within one (1) year from when the cause of action arose. If any part of this arbitration agreement is deemed illegal or unenforceable, then neither party will choose to arbitrate any dispute falling under that unenforceable part and such disputes will be decided by a court of competent jurisdiction within the aforementioned courts, and the parties agree to submit to the personal jurisdiction of that court.
Restrictions
The parties agree that any arbitration will be limited to the dispute between the parties individually. By law, (a) no arbitration shall be consolidated with any other proceedings; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to employ class action procedures; and (c) no dispute is permitted to be brought on behalf of the public or any other persons in a representative capacity.
Exceptions to Arbitration
The parties concur that the following disputes are exempt from the arbitration terms specified above: (a) disputes intended to enforce or protect, or that concern the validity of, any party’s intellectual property rights; (b) disputes stemming from or associated with allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claims for injunctive relief. Should any portion of this exception clause be deemed illegal or unenforceable, neither party will seek arbitration for any dispute falling under that specific portion. Instead, such disputes will be adjudicated by a court of competent jurisdiction within the courts previously mentioned, and the parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
The Site may contain typographical errors, inaccuracies, or omissions in information regarding descriptions, pricing, availability, and more. We reserve the right to correct any errors, inaccuracies, or omissions and to update information on the Site at any time without prior notice.
DISCLAIMER
The Site is available on an “as-is” and “as-available” basis. By using the Site and our services, you acknowledge that such use is at your own risk. To the maximum extent allowed by law, we disclaim all warranties, both express and implied, related to the Site and its use. This includes, but is not limited to, implied warranties of merchantability, suitability for a specific purpose, and non-infringement. We offer no assurances regarding the accuracy, completeness, or reliability of the Site’s content or any content on websites linked to this Site. We are not liable for:
Furthermore, we do not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any linked website, or any website or mobile application advertised through banner ads or other advertising. We will not be involved in or monitor any transactions between you and third-party providers of products or services. As is the case with purchasing any product or service in any setting, you should exercise due caution and make informed decisions.
LIMITATIONS OF LIABILITY
Under no circumstances shall we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, or other such damages arising from your use of the Site, even if we have been made aware of the potential for such damages. However, it should be noted that our liability to you for any reason, and regardless of the action’s form, will always be limited to the total amount you have paid us, if any, during the six (6) months preceding any cause of action. It is important to recognize that some U.S. state laws and international laws may not permit limitations on implied warranties or the exclusion or limitation of certain damages. If these laws are applicable to you, some or all of the aforementioned disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
INDEMNIFICATION
You agree to defend, indemnify, and absolve our company, our subsidiaries, affiliates, officers, agents, partners, and employees of any liability, including reasonable attorney fees and expenses, resulting from any claims or demands made by third parties due to or arising from: (1) your activities on the Site; (2) any violation of these Terms of Use by you; (3) your failure to uphold the representations and warranties detailed in these Terms of Use; (4) any infringement of a third party’s rights, particularly intellectual property rights; or (5) any direct harm you cause to another user of the Site with whom you have interacted. While we reserve the right to take over the exclusive defense and management of any issue for which you must indemnify us, at your own cost, you are expected to cooperate with our efforts to contest these claims. We commit to promptly notifying you of any such legal proceedings that involve your indemnification obligations as soon as we become aware of them.
USER DATA
We will keep certain information you submit to the Site to help optimize its performance and monitor your interactions. While we consistently back up data, the onus to protect any information you send or that is linked to your activity on the Site remains with you. You acknowledge that we are not liable for any loss or corruption of this information, and you waive any right to initiate legal proceedings against us should such loss or corruption occur.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Interacting with the Site, sending emails, and filling out online forms constitute electronic communications. By using these channels, you consent to receive messages from us electronically. You acknowledge that all contracts, notices, disclosures, and other communications that we deliver to you electronically satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and records of transactions we initiate or complete through the site. Additionally, you waive any rights or requirements under any laws in any jurisdiction that require an original signature or the retention of non-digital records, or for making payments or receiving credits in non-electronic forms.
CALIFORNIA USERS AND RESIDENTS
If your complaint remains unresolved after contacting us, you are encouraged to reach out to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs for further assistance. You can contact them via mail at 16984 Oval Rum Drive, Wimauma, FL, 33598, or by phone at +1 813-598-3376.
MISCELLANEOUS
These Terms of Use, along with any policies or operating rules posted by us on the Site, form the complete agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use does not waive that right or provision. These Terms are enforceable to the fullest extent permitted by law. We may transfer our rights and obligations under these Terms to another entity at any time. We are not responsible for any loss, damage, delay, or failure to act resulting from causes beyond our reasonable control. If any section or part of these Terms is found to be illegal, void, or unenforceable, that part will be removed from these Terms and will not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us through your use of the Site or under these Terms. These Terms will not be interpreted against the party responsible for drafting them. You also waive any objections related to the electronic nature of these Terms and the absence of handwritten signatures from the parties involved.
CONTACT US
To address a complaint regarding the Site or to obtain further information about using the Site, please contact us at:
The Roofing Marketer
16984 Oval Rum Drive
Wimauma, FL, 33598
United States
Phone: +1 813-598-3376
Email: hello@theroofingmarketer.com
Marketing ambassadors of Solar and Roofing Industry. Ready to take your Roofing business to the moon?