iRoofing collects information about you and we may share that information with third parties in certain circumstances, so please read on for more details about how we use personal information we collect about you when you use the iRoofing Online Services.
- What Kind Of Information We Collect
iRoofing and its agents may collect some information that identifies you or relates to you as an individual (“Personal Information”), such as your:
- mailing address;
- telephone number;
- e-mail address;
- username and password (for account administration);
- device ID, including IP address;
- geolocation (if using a mobile application and you consent to providing it);
- financial account information and other payment information (that you submit to us for order processing); and
- additional personal information necessary for the administration of certain promotional events.
In addition, we may collect other types of data elements (“Other Information”) that do not reveal your identity or that do not relate directly to you or any other individual, such as:
- browser and device information, including operating system;
- product and material purchase and order information;
- customer database information;
- demographic information and other information provided by you that we may combine with other users of the iRoofing Online Services or use on its own;
- mobile application usage data;
- aggregated information such as “click stream” information such as entry and exit points for the iRoofing Online Services (including referring URLs or domains), certain iRoofing Online Services traffic statistics, page views, and impressions; and
In addition, iRoofing, our service providers, and businesses that support our business operations (e.g., third-party advertisers, analytics services, and participating manufactuerers) may use technologies like cookies and pixel tags to automatically collect analytics information when you access our digital platforms or interact with our electronic communications. The information may include technical information from your computer or mobile device, such as your IP address, the browser you use, the number of times you visit our platforms, the device you use, identifiers associated with your device, your device’s operating system, the content you view on our platforms, the content you view immediately before and after using our platforms, the type and amount of products and materials you purchase or order through the Application, and the programs and services you use with us or others.
- How We Use The Personal Information We Collect
- process and manage your purchase and use of our products and services;
- respond to your inquiries or requests, and to post your comments or statements on message boards or in our online forums;
- create and deliver personalized promotions, including by combining your Personal Information with Other Information, such as the amounts and types of purchases you make and benefits you receive;
- communicate with you by mail, telephone, facsimile, e-mail, mobile alerts and SMS text messaging about iRoofing, including your requests for information and to update you about changes to the iRoofing Online Services;
- communicate with you, including by mail, telephone, facsimile, e-mail, mobile alerts and SMS text messaging, in connection with our marketing efforts, such as when we send you offers and promotions that you can take advantage of through the iRoofing Online Services; and
- further our business purposes, such as to perform data analysis, audits, data analytic compilations, fraud monitoring and prevention, to enhance, improve or modify the iRoofing Online Services, to identify usage trends, determine the effectiveness of our promotional campaigns, to coordinate market analysis with participating manufacturers, and to operate and expand our business activities.
- How We May Disclose Personal Information We Collect
Your privacy is very important to us. We generally won’t disclose your Personal Information to anyone outside of iRoofing, except in the following circumstances.
We may disclose your Personal Information to third-party service providers to provide us with services such as website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services.
To Perform Services You Request
We may disclose your Personal Information to third parties in order to perform services you request or functions you initiate, such as when you post or transmit information and materials through the Application. When you post information in a public forum it becomes public information. In addition, we may disclose your Personal Information in order to identify you to anyone to whom you send communications through the iRoofing Online Services.
Corporate Transactions or Events
We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.
Other Legal Reasons
In addition, we may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our Affiliates; (6) to protect the rights, privacy, safety or property of iRoofing, you and others; and (7) to enforce our terms and conditions.
- How We May Use And Disclose Other Information We Collect
If you reside in California and have provided personally identifiable information to us, you may request information once per calendar year about our disclosures of certain categories of your personally identifiable information to third parties for their direct marketing purposes. Such requests must be submitted to iRoofing in writing.
- How To Manage Your Account Information
You can visit the account section of the iRoofing Online Services website to manage and correct any factual inaccuracies in the information we have on file about you.
- How We Protect Your Personal Information
iRoofing has implemented reasonable safeguards designed to prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through our iRoofing Online Services. With respect to payment card information and other Personal Information collected through our iRoofing Online Services, we use Secure Socket Layer Technology or SSL to encrypt or scramble that information during transmission.
- Cookies and Interest-Based Advertising
Our web site makes use of “cookie” files to customize information to your personal tastes. A cookie is an element of data that a web site can send to your Browser, which may store some information on your computer. Then, when you come back to our site or visit other websites, information can be tailored to suit your individual preferences. The goal is to save you time and provide you with a more meaningful online experience. Most Internet Browsers will allow you to erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. If you do not wish to receive Cookies or wish to manage when you accept Cookies in general, you may set your browser to reject Cookies or to alert you when a Cookie is placed on your computer. Although you are not required to accept our Cookies, if you set your browser to reject Cookies, you may not be able to use all of the features and functionality of the iRoofing Online Services. If you block or otherwise reject our Cookies, you may lose some of the functionality of our site. Please refer to your Browser instructions to learn more about these functions.
We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance (“Principles”). This means that we allow you to exercise choice regarding the collection of information about your online activities over time and across third-party websites for online interest based advertising purposes. In addition, please note that certain third parties that we do not control may use data collection technologies on the iRoofing Online Services. Certain technology that collects information about your use of the iRoofing Online Services and potentially about your activities when you leave the iRoofing Online Services and visit other sites on the Internet may still collect information about your use of the iRoofing Online Services, including for analytics and fraud prevention as well as any other purpose permitted under the Principles.
- Social Networking And Third Party Sites
- Sweepstakes, Contests, and Other Promotions
We may operate sweepstakes, contests, raffles and similar promotions through the iRoofing Online Services that may require online registration with us or with third party sponsors of such sweepstakes, contests, raffles or other promotions. You should carefully review the rules of each sweepstakes, contest, raffle and promotion in which you participate through the iRoofing Online Services, as they may contain additional important information about the disclosure of your personally identifiable information. To the extent that the terms and conditions of such rules concerning the treatment of personally identifiable information conflict with this Policy, the terms and conditions of such rules shall control.
- Log Data and Location Information
When you access the iRoofing Online Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the content you view on our platforms, the type and amount of products and materials you purchase or order through the Application, the type of mobile Internet browser you use, and other statistics (“Log Data”).
In addition, we may use third party services, such as Google Analytics, that collect, monitor and analyze this type of information in order to increase iRoofing Online Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information. We may use and store information about your location depending on the permissions you have set on your device. We use this information to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at anytime, through your mobile device settings.
- Contact Us
If you have any questions regarding our privacy practices, you can email us or write to us at: [email protected]
Last Updated: February 2017 (Application ver 1.00)
Only individuals thirteen (13) years of age or older may use the Application. Users between the ages of thirteen (13) and eighteen (18) must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms. Should User’s parent or legal guardian not acknowledge and agree to these Terms, User must immediately uninstall this Application and discontinue its use.
Incorporation of Related Terms
These Terms incorporate and supplement the terms, conditions, and policies of iRoofing posted at https://iroofing.org, including without limitation the following related terms, conditions, and other policies, the location and terms of which may be changed from time-to-time,
Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Application.
Subject to these Terms, iRoofing grants the User a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to use the Application for personal use only on an Android phone or tablet (“Android Device”) owned or controlled by User in accordance with these Terms (“User License”). By accessing the Application, User acknowledges and agrees that any materials, ideas or other communications User generates in any manner and for any reason will not be treated as confidential or proprietary. User acknowledges and agrees that User has no ownership rights in any ideas or materials generated or submitted through the Application, and User expressly disclaims any rights or causes of action User may have with respect to any materials or materials generated or submitted through the Application. User further acknowledges that the User License is limited to the registered and authorized User and that the User may not reproduce, copy, upload, provide, share, trade-in-kind, post, transmit, display, sell, resell or otherwise redistribute or exploit any materials, design elements, results, measurements, estimations, or reports from the use of the Application to any other person(s) or entity who is not an authorized and licensed User of the Application.
Content found on the Application that is provided by iRoofing, including certain graphics, photographs, artwork, merchandise, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“iRoofing Content”) is the property of iRoofing, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Unless otherwise agreed to in writing by iRoofing, User agrees not to download, display or use any iRoofing Content located on the Application for use in any brochures, marketing materials, publications, on websites other than the Application or in any other medium for any commercial purpose. User also agrees not to download, display or use any iRoofing Content located on the Application in connection with products or services that are not those of iRoofing, in any other manner that is likely to cause confusion among consumers, that disparages or discredits iRoofing, that dilutes the strength of iRoofing’s property, or that otherwise infringes iRoofing’s intellectual property rights. User further agrees to in no other way misuse any iRoofing Content or third party content that appears on the Application. Any use of the Application in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application is prohibited. User may not rent, lease, lend, sell, transfer, redistribute or sublicense the Application.
If User sells or transfer ownership of User’s Android Device to a third party, User must remove the Application before doing so. User may not copy (except as expressly permitted by this Agreement), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of any open-sourced components included with the Application). If User breaches any of these restrictions, User may be subject to prosecution and damages. This Agreement and User License also governs any updates or upgrades to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
The license is effective until terminated by User or iRoofing, with or without written notice. User’s rights under the User License will terminate automatically without notice from iRoofing if User fails to comply with any Terms or terms of the User License. Upon termination of the license, User shall cease all use of the Application and destroy all copies, full or partial, of the Application.
Application features may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, GPS location information, camera access, and information for and from third-party accounts (collectively “User Information”). By acknowledging and agreeing to this Agreement, or by using the Application, User consents to the transmission of User Information to iRoofing, including its agents and third-party partners, and consents to iRoofing, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality, analytics, and for the purposes disclosed in one or more of the iRoofing Privacy Policies identified in this Agreement, and that iRoofing may share this information with other third parties, including participating product and material manufacturers.
When User creates an account through the Application, User guarantees that the information provided is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of User’s account on the Application. User may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than User, without appropriate authorization. User may not use as a username any name that is offensive, vulgar or obscene.
User is solely responsible for the confidentiality and security of User Information sent from or stored on the Android Device by the Application. User is also solely responsible for all transactions and activities undertaken by anyone registered in the User’s name, whether authorized or unauthorized. This includes any and all unauthorized purchases made from iRoofing. User agrees to immediately notify iRoofing of any suspected unauthorized transactions associated with the Application or any other breach of security. iRoofing shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the Application. Users shall be solely responsible for taking precautionary steps to protect User Information stored on the Android Device, including without limitation password-protecting the Android Device and employing Google’s remote-wipe feature.
User agrees that iRoofing, its service providers and/or others involved in creating or providing the Application may collect and use technical data and related information—including but not limited to technical information about User’s device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to User (if any) related to the Application. iRoofing, its service providers, and/or others involved in creating or providing the Application may use this information, as long as it is in a form that does not personally identify User, to improve the Application or to provide services or technologies to User.
Some parts of the Application service are billed on a subscription basis (“Subscription(s)”). User will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan User selects when purchasing a Subscription. At the end of each Billing Cycle, User’s Subscription will automatically renew under the exact same conditions unless User cancels it or iRoofing cancels it. User may cancel User’s Subscription renewal either through User’s online account management page or by contacting iRoofing customer support team.
A valid payment method, including credit card, is required to process the payment for User’s Subscription. User shall provide iRoofing with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, User automatically authorize iRoofing to charge all Subscription fees incurred through User’s account to any such payment instruments. Should automatic billing fail to occur for any reason, iRoofing will issue an electronic invoice indicating that User must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
iRoofing, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. iRoofing will provide User with a reasonable prior notice of any change in Subscription fees to give User an opportunity to terminate User’s Subscription before such change becomes effective. User’s continued use of the Service after the Subscription fee change comes into effect constitutes User’s agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by iRoofing on a case-by-case basis and granted in sole discretion of iRoofing.
External Services and Third-Party Materials
The Application may enable access to iRoofing’s or third-party services and websites (collectively and individually, “External Services”). Use of the External Services requires Internet access and may require User to accept additional terms. Certain External Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the External Services, User acknowledges and agrees that neither iRoofing, nor its agents or those involved in creating or providing the Application, is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither iRoofing, nor its agents or those involved in creating or providing the Application, warrants or endorses and does not assume and will not have any liability or responsibility to User or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to User. User agree to use the External Services at Users sole risk and neither iRoofing, nor its agents or those involved in creating or providing the Application, shall have any liability to User for content that may be found to be offensive, indecent, or objectionable. iRoofing reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will iRoofing be liable for the removal of or disabling of access to any such External Services. iRoofing may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.
User agrees that the External Services contain proprietary content, information and material that is owned by their respective owners, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that User will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services, or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or iRoofing. No portion of the External Services may be reproduced in any form or by any means, except as permitted by the respective owner of the External Services. User agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and User shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. User further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither iRoofing, nor its agents or those involved in creating or providing the Application, is in any way responsible for any such use by User, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that User may receive as a result of using any of the External Services.
Permitted and Prohibited Use
Subject to User’s compliance with these Terms, and solely for so long as User is permitted by iRoofing to access and use the Application, User may view and use the Application, provided that User (i) keeps all copyright and other proprietary notices intact, (ii) does not modify the iRoofing Content or use it in a manner that suggests an association with any of our products or services, and (iii) does not download quantities of the iRoofing Content to a database that can be used to avoid future downloads from this Application. User may execute a single copy of any software made available through the Application (the “Software”). Use or downloading of the Software is conditioned on acceptance of the terms and conditions of any license agreements relating to such Software, including agreements of third parties. By acquiring or using the Software, you agree to such terms and conditions. While using the Application, the iRoofing Content, and the Software User expressly agrees to comply with all applicable laws, rules and regulations, and the following limitations.
You may not:
- Reproduce, copy, upload, post, transmit, display, sell, resell or otherwise redistribute or exploit any materials, design elements, or reports from the Application, or use or access the Application for any commercial purpose not authorized by iRoofing without prior consent;
- Reproduce, copy, upload, provide, share, trade-in-kind, post, transmit, display, sell, resell or otherwise redistribute or exploit any materials, design elements, results, measurements, estimations, or reports from the use of the Application to any other person(s) or entity who is not an authorized and licensed User of the Application;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble the Software or any portion of the Application or otherwise attempt to determine the source code or trade secrets of the Application or the Software;
- Violate or attempt to violate the security of the Application;
- Restrict or inhibit any other visitor or member from using the Application, including, without limitation, by means of “hacking” or defacing any portion of the Application;
- Use the Application, iRoofing Content or Software for any fraudulent or unlawful purpose;
- Impersonate any person or entity, including without limitation any representative of iRoofing; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Application; or express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, degrading, hateful, intimidating, abusive, libelous, defamatory, obscene, indecent, pornographic or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; (d) any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”; or (e) any advertisements, solicitations, junk mail, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Remove any copyright, trademark or other proprietary rights notices contained in the Application, iRoofing Content or Software;
- “Frame” or “mirror” any part of the Application without our prior written authorization;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Application or its contents. Notwithstanding the foregoing, iRoofing grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. iRoofing reserves the right to revoke these exceptions either generally or in specific cases.
- Use the Application to advertise or offer to sell or buy any goods or services without our express prior written consent;
- Create a database by systematically downloading and storing the Application’s content;
- Attempt to damage, disable, overburden, or impair iRoofing servers or networks, attempt to gain unauthorized access to an iRoofing computer network, or attempt to gain unauthorized access to iRoofing’s user accounts;
- Use the Application to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect information about Application visitors or members without their express consent;
- Otherwise disrupt or interfere with the operation of the Application or the servers or networks used to make the Application available; or violate any requirements, procedures, policies or regulations of such networks; or
- Violate these Terms in any manner.
iRoofing reserves the right, in its sole discretion, to terminate any User License, remove User-Generated Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application that iRoofing reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
The User may generate content, written or otherwise, while using the Application (“User-Generated Content”). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by iRoofing (for example, in product marketing campaigns). User grants iRoofing and its successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content, including its legality, reliability, and appropriateness.
By posting User-Generated Content on or through the Application, User represents and warrants that: (i) the User-Generated Content is User’s (User owns it) and/or User has the right to use it and the right to grant iRoofing the rights and license as provided in these Terms, and (ii) that the posting of User-Generated Content on or through the Application does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. iRoofing reserves the right to terminate the account of anyone found to be infringing on a copyright.
User may retain any and all of User’s rights to any User-Generated Content you submit, post or display on or through the Application and User is solely responsible for protecting those rights. iRoofing takes no responsibility and assumes no liability for User-Generated Content that User or any third party posts on or through the Application. However, by posting User-Generated Content using the Application you grant iRoofing the right and license to use, modify, perform, display, reproduce, and distribute such User-Generated Content on and through the Application. iRoofing has the right, but not the obligation, to monitor and edit all User-Generated Content provided by User. User-Generated Content found directly on or through the Application are the property of iRoofing and User may not distribute, modify, transmit, reuse, download, repost, copy, or use said User-Generated Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from iRoofing.
User agrees to indemnify and hold harmless iRoofing, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from, arising from, or relating to (i) your access to, use of, misuse of, or inability to access or use the Service; (ii) any conduct or content of any third party on the Application; (iii) any content obtained from the Application; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. iRoofing reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
iROOFING IS PROVIDING THE APPLICATION AND iROOFING CONTENT TO THE USER ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE APPLICATION OR ANY INFORMATION OR SOFTWARE THEREIN. iROOFING UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL iROOFING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OR ACCESS THE APPLICATION OR INABLILTY TO OPERATE ON AN UNINTERRUPTED BASIS, NOR SHALL iROOFING BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND iROOFING’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, DELAYS OR LIMITATIONS OF DATA TRANSMISSIONS AND DOWNLOADS, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO APPLICATION RECORDS, PROGRAMS, SERVICES, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL iROOFING OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE OR ACCESS THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY GOODS OR SERVICES PURCHASED THROUGH THE APPLICATION AND/OR THE SUBMISSION OF AND/OR iROOFING’S USE OR DISTRIBUTION OF USER CONTENT, EVEN IF iROOFING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
iRoofing makes no representations about the reliability of the features of the Application, the iRoofing Content, User-Generated Content, or any other feature, and disclaims all liability in the event of any service failure. User acknowledges that any reliance on the accuracy of the Application and iRoofing Content will be at User’s own risk. iRoofing is not responsible for any inaccuracies in the input of User-Generated Content by the User, technical data provided by third parties, measurements created using the Application, color variations, or the amount of time that any iRoofing Content or User-Generated Content will be preserved. User agrees that it is User’s solely responsibility to back up and preserve any data or information that is generated in connection with the Application. iRoofing does not endorse, verify, evaluate or guarantee the accuracy of any information provided by Users and nothing shall be considered as an endorsement, verification, evaluation or guarantee the accuracy of any User-Generated Content, including any information or data input into the estimator or any calculations performed by the estimator based upon User input. User is solely responsible for device compatibility with the Application and Software. iRoofing will make all reasonable efforts to accurately display the color and attributes of third party products and materials referenced in the Application, including the applicable colors and attributes of products and materials; however, the actual color and attributes of the products and materials will depend on User’s computer system, and iRoofing cannot guarantee that User’s computer will accurately display such colors and attributes, including any display on the simulator feature of the Application. User further acknowledges that iRoofing is not responsible for varying lighting conditions, different point of view angles, variances in photographic equipment and technology, and User human error which may affect the accurate display of the color and attributes of the products and materials on the simulator feature. The inclusion of any third party products and materials on the Application at a particular time does not imply or warrant that these products or materials will be available at any time from those third parties. User agrees that it is User’s sole responsibility to ascertain the availability of any products and materials referenced on the Application, confirm the accuracy of color selections by obtaining color samples from the manufacturers, and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased through the Application.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL iROOFING OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR iROOFING CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, LOSS OF USER INFORMATION OR DATA, THE INABILITY TO USE OR ACCESS THE APPLICATION, DEVICE FAILURE OR MALFUNCTION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION. iROOFING, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.
User further acknowledges that iRoofing is not responsible for the quality of any product or material supplied by a third party or manufacturer, the accuracy of the technical data supplied by a third party or manufacturer, the availability of any product or material referenced in the Application, or any changes to the product or material lines by a third party or manufacturer. User is solely responsible for obtaining accurate technical data, availability, and information about all products and materials referenced on the Application directly from the third party or manufacturer supplying the product or material.
User acknowledges and agrees that nothing in the Application or any of its features is intended to provide legal advice or legal services to the User. iRoofing recommends that User consult with their own independant legal counsel for any assistance with the formation of any contracts generated in connection with the use of the Application.
In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall iRoofing, its agents or anyone involved in creating or providing this Application or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $100, whichever is less.
iRoofing, the iRoofing logo, and other iRoofing trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of iRoofing, LLC (“iRoofing Marks). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third-Party Marks”). The iRoofing Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of iRoofing or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by iRoofing or the owner of the Content.
Choice of Law and Jurisdiction
These Terms are governed by the laws of the State of Florida, United States of America, without regard to Florida’s conflict of laws rules. User irrevocably consents to the exclusive jurisdiction of the state courts in Broward County, Florida, United States of America and the federal courts in the United States District Court for the Southern District of Florida for purposes of any legal action arising out of or related to the use of the Application or these Terms.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of iRoofing to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
Modification of these Terms
iRoofing reserves the right to change or modify these Terms or any other iRoofing terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the iRoofing website (https://iroofing.org) or within this Application. Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of iRoofing shall have any legal effect as a waiver by iRoofing of any Terms of this Agreement.
Third Party Beneficiary
User agrees that iRoofing’s service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
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