Terms & Conditions

This User Agreement is a legally binding contract between you and Roof Maxx Technologies, LLC (herein RMT), governing your use of our digital resources.

You agree to comply with all the terms and conditions contained herein. The terms include an agreement to resolve disputes by arbitration on an individual basis. You also acknowledge and agree to comply with the Privacy Policy posted at www.roofmaxx.com. We may revise this user agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will provide notice to you of at least 21 days. We reserve the right to amend this agreement at any time without notice, subject to applicable law. By continuing to use our services after any changes to this user agreement become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.

Limitation of liability

RMT’s liability is limited with respect to your use of its services. In no event shall RMT be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of RMT’s services) operated by us or on our behalf, any of RMT’s services, or these terms & Conditions (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, RMT is not liable, and you agree not to hold RMT responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of RMT’s services) operated by us or on our behalf, or any of RMT’s services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of RMT’s services) operated by us or on our behalf and any of RMT’s services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of RMT’s services) operated by us or on our behalf or any of RMT’s services or any website or service linked to our websites, software or any of RMT’s services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of RMT’s services) operated by us or on our behalf or any of RMT’s services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your RMT account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or our policies.

No Warranty

The RMT services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Your Release of Us

If you have a dispute with any other vendor utilized by RMT, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Agreement to Arbitrate

If a dispute arises between you and RMT regarding the RMT services or otherwise, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and RMT regarding the RMT services may be reported to customer service online through the RMT Help Center at any time (info@roofmaxx.com), or by calling 855-766-3629 from Mon-Fri 10:00 AM to 6:00 PM EST.

ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE PAYMENT SERVICES DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. The forum for arbitration shall be in the city closest to your residence having a federal district courthouse. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this user agreement including, but not limited to, any claim that all or any part of this user agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any non-frivolous claim, RMT will pay the costs of the arbitration (but not your attorney fees), up to $3,000.

This user agreement and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. There are only two exceptions to this agreement to arbitrate. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in New York City, New York, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within New York City, New York for the purpose of litigating such claims or disputes.

Waiver of Right to Jury; Class Action Waiver

TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

Restricted Activities

In connection with your use of our websites, your RMT account, the RMT services, or in the course of your interactions with us, other customers, or third parties, you must not:

• Breach this user agreement, the Acceptable Use Policy, or any other agreement between you and us;
• Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
• Infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
• If you have a personal account, use your RMT account to conduct transactions for goods or services with other personal accounts, except as expressly authorized by RMT;
• Act in a manner that is defamatory, trade libelous, threatening or harassing;
• Provide false, inaccurate or misleading information;
• Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
• Use the RMT services in a manner that results in or may result in: complaints; disputes; claims, reversals, chargebacks, fees, fines, penalties or other liability or losses to R T, other customers, third parties or you;
• Have any amounts owed to us;
• Access the RMT services from outside the United States;
• Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of RMT’s services) operated by us or on our behalf or the RMT services;
• Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or RMT services;
• Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;
• Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of RMT’s services) operated by us or on our behalf, any of RMT’s services or other users’ use of any of RMT’s services;
• Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;
• Circumvent any of our policies or determinations about your RMT account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional RMT account(s) when you have amounts owed to us or when your RMT account has been restricted, suspended or otherwise limited; opening new or additional RMT accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s RMT account;
• Harass and/or threaten our employees, agents, or other users.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you’ve engaged in any restricted activities, we may take a number of actions to protect ourselves, our customers and others at any time at our sole discretion. The actions we may take include, but are not limited to, the following:

• Terminate this user agreement, limit your RMT, and/or close or suspend your RMT and/or;
• Refuse to provide the RMT services to you in the future;
• Limit your access to our websites, software, systems (including any networks and servers used to provide any of RMT’s services) operated by us or on our behalf, your RMT account or any of RMT’s services;
• Update inaccurate information you provided us;
• Take legal action against you; or
• If you’ve violated our Acceptable Use Policy, then you’re also responsible for damages to us caused by your violation of this policy.

Receiving Communications: Emails, Phone Calls, and SMS

Roof Maxx Technologies, LLC (RMT) will communicate with you via email, phone calls, and SMS (text messages), and to ensure that these communications comply with the most current laws and regulations, including the Federal Trade Commission (FTC) and Telephone Consumer Protection Act (TCPA) requirements. These laws protect your rights as a consumer and govern how businesses like ours are allowed to contact you.

By providing your contact information, you consent to receive communications from RMT regarding account-related matters, promotional offers, and other important disclosures. You will always have the option to manage or revoke your consent for these communications.

1. Emails

By providing your email address, you consent to receive Disclosures, notifications, and other communications electronically. These emails may include attached electronic documents or links to disclosures on our website. You agree to:

• Ensure the email address provided is valid and current.
• Promptly update your email address if it changes by modifying your Account profile.
• Acknowledge that we are not responsible for any delay or failure in the receipt of emails if the email address on file is invalid or inactive.

Under the FTC regulations, we are committed to ensuring that all emails comply with applicable laws. This includes providing:

• Clear identification of promotional content or advertisements.
• An easy-to-use opt-out mechanism, such as an "unsubscribe" link in promotional emails, allowing you to withdraw your consent to receive marketing communications.

If your email address becomes invalid, we reserve the right to deactivate your account or restrict access until the information is updated.

2. Phone Calls

By providing your phone number, you consent to receive phone calls related to your account or services from RMT. These calls may be for:

• Customer service inquiries.
• Information about your transactions.
• Promotional offers, if you have provided prior express written consent.

In accordance with the Telephone Consumer Protection Act (TCPA), we will:

• Only contact you for marketing purposes if you have provided prior express written consent.
• Limit the use of automated or prerecorded messages unless expressly authorized by you.
• Ensure you have the ability to revoke consent for phone calls at any time by contacting us or updating your preferences in your account.

Please note, revoking consent for phone calls will not affect your ability to receive non-marketing related communications (such as account updates or customer service calls).

3. SMS (Text Messages)

By providing your mobile phone number, you consent to receive SMS (text) messages from us for account-related notifications and promotional purposes. These text messages may include Disclosures or links to electronic documents. You agree to:

• Provide a valid, current mobile phone number.
• Ensure your mobile phone is capable of receiving text messages.
• Update your phone number if it changes by updating your Account profile.

In compliance with the TCPA, we will:

• Obtain your prior express written consent before sending marketing-related text messages.
• Provide a clear opt-out mechanism in each message. You can opt out of receiving SMS communications by replying "STOP" to any message.
• Limit the frequency of promotional text messages as outlined in our communication policy.

If your mobile number is invalid or becomes inactive, we reserve the right to restrict your account access until the correct information is provided. You may not be able to conduct transactions until this is updated.

Contact Us

Except as otherwise provided by law or other agreement between you and us, you may provide us with notices regarding your Accounts by clicking the “Contact Us” link at the bottom of this page, contacting info@roofmaxx.com, or mailing us at Roof Maxx, c/o Legal Department, 7385 N. State Rt. 3, Box 54, Westerville, OH 43082.