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 Privacy Policy posted 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.
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.
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.
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.
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@roofmaxxtesting.us), 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.
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.
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:
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:
By accepting this Consent as indicated below, you, the person or entity using the RMT site and digital services, consent to receive and view disclosures, notices, statements and other communications (collectively, “Disclosures”) (“RMT” or “we”) relating to your eligible RMT account (“Account(s)”) electronically by any of the following means:
Text to your mobile phone number (which may include a link to a new Disclosure on the RMT website (“Website”),
To your email (or social media network), or
Notifications from our Web or mobile application (“Application”).
Delivery by any of these means will constitute proper notice to you under applicable law. You acknowledge that Disclosures will include, but may not be limited to, the following:
The RMT Website, Privacy Policy, and the User Agreement (“Policies and Agreements”);
Disclosures and/or amendments we may provide you under our Policies and Agreements;
Activity and any other information on your Account(s),
Periodic statements, receipts, confirmations, authorizations and transaction history for your Account(s);
Disclosures regarding the resolution of any claimed error on your periodic statements; and
Disclosures required or permitted by law or regulation.
Your consent is effective until further notice by us or until you revoke your consent to receive electronic Disclosures. You may revoke your consent to receive electronic Disclosures at any time either by clicking the “Contact Us” button at the bottom of this page or submitting your request in writing to: Legal Department, 7385 N. State Rt. 3, Box 54, Westerville, OH 43082.
If you do not consent or if you withdraw your consent, we reserve the right to refuse to accept your Account application, to cancel your Account, place your Account on inactive status, or to provide a paper copy of Disclosures. If you request a paper copy of a Disclosure within 180 days of the date of the Disclosure and we elect to send you a paper copy, we will waive our standard Disclosure Request Fee for the first two requests. After that, any additional Disclosure Requests may be subject to fees. We will only provide paper copies upon your request if your current mailing address is in your Account profile.
SYSTEM REQUIREMENTS: In order to receive Disclosures, whether by text or email, you need to have a means of printing or storing them. So, in addition to having and email address and phone number you must have the following:
Computer or mobile device with Internet connection;
A current web browser with cookies enabled;
A valid email address on file in your Account profile;
Ability to store or print the Disclosures; and
We reserve the right to change these System Requirements and will provide you with a Disclosure when we make a material change to the System Requirements.
In order to receive Disclosures, you must ensure that the primary mobile phone and/or email address that you provide us is your valid, current phone number or email address, and you are able to receive at that address texts or email messages containing Disclosures including attached electronic documents and that such Disclosures, including portions that are attached documents are available for viewing and storing or printing by you. You agree to promptly update your email address by updating your Account profile if your email address changes. You acknowledge that our ability to notify you of the availability of your Disclosures is contingent on the validity of mobile phone number and email address in our records. If your mobile phone or email address is no longer valid, we reserve the right to determine your Account is inactive or take other actions as set forth in the User Agreement. You will not be able to conduct any transactions in your Account until you update your mobile phone or email address in your Account profile.
Reservation of Rights. We reserve the right to provide you with any Disclosure in writing, rather than electronically, or to withdraw the right to receive Disclosures electronically at any time. You agree to maintain on file with us your current street address and to promptly update your address in the event it changes by updating your Account profile. Although we may waive our fee for delivery of paper Disclosures, we reserve the right to charge the Disclosure Request Fee and to increase this fee at our discretion.
Print Disclosures. We recommend that you print a copy of this Consent and any Disclosure that you view electronically for your records as the Disclosure may not be accessible online at a later date.
Your Consent. By clicking on the “Next” or “Sign Up” button in the RMT sign up flow, which you adopt as your electronic signature, you agree that (i) we may provide Disclosures to you electronically, on the terms and conditions set forth in this Consent, (ii) the consent shall last until you revoke your consent, and (iii) you meet the System Requirements specified above. If you do not wish to receive Disclosures electronically, you will not be able to open an Account.
General. You understand and agree that we are responsible for sending the Disclosures to you electronically by email or text to the address in your Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the email or text notices and whether or not you choose to view the Disclosure, subject to your right to revoke your consent to receive Disclosures electronically.
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@roofmaxxtesting.us, or mailing us at Roof Maxx, c/o Legal Department, 7385 N. State Rt. 3, Box 54, Westerville, OH 43082.
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