Introduction
Welcome to TopRoofer. These Terms of Service (“Terms”) govern your use of our website and services, whether as a potential customer, roofing contractor, or any other user. By accessing or using our website and services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our website or services. This company is managed by EMPEX. Their website can be found at www.empexindustries.com. By using TopRoofer's services and/or website, you also agree to EMPEX's Terms of Service and Privacy Policy as well.
1. Definitions
- “TopRoofer”: Refers to the company providing the website and services described in these Terms.
- “User”: Any individual or entity that accesses or uses our website and services, including potential customers and roofing contractors.
- “Services”: The services provided by TopRoofer, including lead generation, customer matching, and any other services offered through our platform.
- “Content”: All information, data, text, software, graphics, messages, and other materials provided through the website and services.
2. Eligibility
To use our website and services, you must:
- Be at least 18 years old and capable of forming a binding contract with TopRoofer.
- Comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
3. Account Registration
To access certain features of our services, you may need to create an account or consent to having an account created for you, providing us with your personal information or agreeing to its use. You agree to:
- Provide accurate, current, and complete information during the registration process.
- Update such information to keep it accurate, current, and complete.
- Maintain the security of your password and accept all risks of unauthorized access to your account.
4. Use of Services
General Use
You agree to use our services only for lawful purposes and in accordance with these Terms. You will not:
- Use our services in any way that violates any applicable law or regulation.
- Use our services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of our services, or which, as determined by us, may harm TopRoofer or users of our services.
5. Fees and Payments
Roofing Contractors
- You agree to pay all applicable fees associated with your use of our services as described on our website.
- Fees for leads and other services will be billed to your payment method on file. You authorize TopRoofer to charge your payment method for such fees.
- If a payment is declined, your access to leads and services may be suspended until the payment issue is resolved.
6. Lead Distribution and Pricing
- Lead Pricing: Each lead is priced and agreed upon before account creation.
- Lead Distribution: Leads are distributed based on your preferences set during account setup. You may update your preferences by contacting your onboarding manager.
- Lead Information: Each lead will include contact details such as name, phone number, email address, and other relevant information.
7. Intellectual Property
- Ownership: All content provided through our website and services is the property of or being licensed by TopRoofer or its content suppliers and protected by intellectual property laws.
- License: TopRoofer grants you a limited, non-exclusive, non-transferable license to access and use the content for personal use. You may not reproduce, distribute, modify, or create derivative works from the content without prior written consent from TopRoofer.
8. Privacy
Your use of our website and services is also governed by our Privacy Policy, which explains how we collect, use, and share your personal information. By using our services, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.
9. Termination
By You
You may terminate your account at any time by contacting us at toprooferco@gmail.com. Upon termination, your right to use the services will immediately cease.
By TopRoofer
We may terminate or suspend your account and access to our services, without prior notice or liability, if we determine that you have violated these Terms or any applicable law.
10. Disclaimers
- No Warranty: Our services are provided “as is” and “as available” without any warranties of any kind, either express or implied. TopRoofer does not warrant that the services will be uninterrupted or error-free.
- Limitation of Liability: In no event will TopRoofer, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind arising out of or in connection with your use, or inability to use, the services, including any direct, indirect, incidental, special, consequential, or punitive damages.
11. Indemnification
You agree to indemnify, defend, and hold harmless TopRoofer, its affiliates, licensors, service providers, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the services, including, but not limited to, any use of the content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the services.
12. Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any choice or conflict of law provision or rule.
13. Dispute Resolution
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the services provided by TopRoofer shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in Yavapai County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. Changes to These Terms
TopRoofer reserves the right to revise these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the services thereafter. Your continued use of the services following the posting of revised Terms means that you accept and agree to the changes.
15. Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and TopRoofer regarding the services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the services.
16. Waiver and Severability
No waiver by TopRoofer of any term or condition outlined in these Terms shall be deemed a waiver of any other term or condition, and any failure by TopRoofer to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect.
17. Relationship to EMPEX
TopRoofer is managed by EMPEX. By using TopRoofer's services and website, you also agree to EMPEX's Terms of Service and Privacy Policy. For more information, you can visit EMPEX's website.
18. No Waiver
No waiver by TopRoofer of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TopRoofer to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
19. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
20. Assignment
TopRoofer may assign its rights and obligations under these Terms to any party at any time without notice to you. You may not assign your rights or obligations under these Terms without our prior written consent.
21. Third-Party Terms and Liability
By using TopRoofer, you acknowledge and agree that you may become subject to the terms of service and privacy policy of any roofer to whom TopRoofer sends your information as a lead. Once your information is shared with a roofer, TopRoofer and EMPEX are not responsible for the actions, policies, or practices of the roofing company.
Specifically:
- Roofer's Policies: You agree to abide by the terms of service and privacy policy of any roofer with whom you engage. These terms and policies are separate from those of TopRoofer and EMPEX.
- Misuse or Misconduct: TopRoofer and EMPEX cannot and will not be held responsible for any misuse or misconduct by the roofing company, including but not limited to, mismanagement of your personal information, failure to deliver services, or any disputes arising from your engagement with the roofer.
- Liability: TopRoofer and EMPEX disclaim all liability for any actions or omissions of roofers. Your relationship and interactions with any roofer are solely between you and the roofer, and you agree to release TopRoofer and EMPEX from any claims, demands, or damages arising out of or related to such interactions.
- Due Diligence: While TopRoofer strives to connect clients with qualified roofing companies, it is your responsibility to conduct due diligence and ensure that you are comfortable with the roofer's qualifications, reputation, and policies before engaging their services.
This also applies to roofing companies using the TopRoofer platform:
- Client Policies: Roofers agree to abide by the terms of service and privacy policy of any client with whom they engage. These terms and policies are separate from those of TopRoofer and EMPEX.
- Misuse or Misconduct: TopRoofer and EMPEX cannot and will not be held responsible for any misuse or misconduct by the client, including but not limited to, non-payment, failure to provide accurate information, or any disputes arising from the engagement with the client.
- Liability: TopRoofer and EMPEX disclaim all liability for any actions or omissions of clients. Your relationship and interactions with any client are solely between you and the client, and you agree to release TopRoofer and EMPEX from any claims, demands, or damages arising out of or related to such interactions.
- Due Diligence: While TopRoofer strives to connect roofers with qualified leads, it is your responsibility to conduct due diligence and ensure that you are comfortable with the client's legitimacy and requirements before engaging their services.
22. Spam and Communication
Both customers and roofing contractors agree that TopRoofer and EMPEX cannot control the frequency or content of communications between parties. Therefore:
- Spam Claims: Neither party may hold TopRoofer or EMPEX liable for any perceived spam or excessive communication. This includes multiple outreach attempts by roofing contractors to customers or customers to roofing contractors.
- Communication Responsibility: It is the responsibility of both parties to manage their communication preferences and inform the other party if the communication is excessive or unwanted.
- No Legal Action: Both parties agree not to initiate legal action against TopRoofer or EMPEX for issues related to spam or excessive communication.
- Communication Consent: By submitting any form on our website, you agree to be contacted by any of our partner roofers via phone, SMS, email, or other communication methods.
By agreeing to these terms, you acknowledge that TopRoofer and EMPEX are acting solely as intermediaries to facilitate the connection between clients and roofers, and they do not endorse, control, or assume any responsibility for the actions or conduct of the roofers or clients.
23. Service Provisions
TopRoofer reserves the right to subcontract roofing services or manage them directly, charging at its discretion. Additionally, TopRoofer may choose to provide roofing services in-house.
24. Contact Information
If you have any questions about these Terms, please contact us at:
- Email: toprooferco@gmail.com
25. Acknowledgment
By using the services or accessing the website, you acknowledge that you have read these Terms of Service and agree to be bound by them.