These Terms of Service govern your (you shall hereafter be referred to as “you” or the “Client”) use of Roof Alert’s data, products, and/or services. If you do not agree to be bound by these terms and conditions, do not use this site or any of Roof Alert’s data, products, or services. Roof Alert reserves the right to modify these Terms of Service at any time.
Any software that the Client obtains from Roof Alert (“Licensed Application”) is licensed, not sold, to the Client. Roof Alert reserves all rights not expressly granted to Client.
The Client may not for distribute any software or other product without the express written consent of Roof Alert. Roof Alert makes no express or implied warranties that weather will occur or has occurred as its reports, data and/or other information state or depict and Roof Alert has no responsibility or liability whatsoever to the Client or any other person or entity for any inconsistency, inaccuracy or omission of weather events predicted or reported.
A. No Refund Policy.
Roof Alert shall not provide any refunds (full or partial) on any product, software, or service. For this reason, Roof Alert strongly recommends that before payment, Provider’s visitors:
Read all information about the service in question located at www.RoofAlert.com.
Read all terms and conditions contained herein.
Contact Roof Alert with the published phone number, email or online form.
Speak to a company representative and ask all questions about the service or fees to be collected.
Read Roof Alert’s Privacy Policy.
Preview the contents, process and functionality of the Licensed Application with the free video overview provided at www.RoofAlert.com.
Carefully evaluate the functionality and data to be provided to ensure it meets the exact specifications required.
By making a payment for Membership to Provider’s site and/or agreeing to the terms and conditions via the checkbox during the checkout procedure, Client acknowledges that Client has read and agree to the No Refund Policy.
B. Scope of License. This license granted to Client for the Licensed Application by Roof Alert is a non-exclusive, non-transferable license to use the Licensed Application on any computer system that Client owns or controls only for the purpose of promoting, marketing or developing their business. This license does not allow Client to use the Licensed Application on any computer system that Client does not own or control, and Client may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. Client may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. Client may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Roof Alert and its licensors. If Client breaches this restriction, Client may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Roof Alert that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
C. Consent to Use of Data. Client agrees that Roof Alert may collect and use technical data and related information, including but not limited to technical information about Client’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 Client (if any) related to the Licensed Application. Roof Alert may use this information, as long as it is in a form that does not personally identify Client, to improve its products or to provide services or technologies to Client.
D. Termination. The license is effective until terminated by Client or Roof Alert. Client’s rights under this license will terminate automatically without notice from the Roof Alert if Client fails to comply with any term(s) of this license. Upon termination of the license, Client shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
E. Third Party Materials. The Licensed Application may enable access to third party services and web sites (collectively and individually, “Third Party Materials”). Use of the Third Party Materials may require Internet access and that Client accepts additional terms of service.
Client understands that by using any of the Third Party Materials, Client may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, Client agrees to use the Third Party Materials at Client’s sole risk and that Roof Alert shall not have any liability to Client for content that may be found to be offensive, indecent, or objectionable.
Client acknowledges and agrees that Roof Alert is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of Third Party Materials. Roof Alert does not warrant or endorse and does not assume and will not have any liability or responsibility to Client or any other person for any Third Party Materials . Links to Third Party Materials are provided solely as a convenience to Client. Any location data is provided for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Roof Alert nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data accessed or obtained by Client.
Client understands that any Third Party Materials may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and may be subject to separate licenses and/or terms of service governing the Client’s use.
To the extent Client chooses to access Third Party Materials, Client does so at Client’s own initiative and is responsible for compliance with any applicable laws governing them. Roof Alert and its licensors reserve the right to change, suspend, remove, or disable access to any Third Party Materials at any time without notice. In no event will Roof Alert be liable for the removal of or disabling of access to any such Third Party Materials. Roof Alert may also impose limits on the use of or access to certain Third Party Materials, in any case and without notice or liability.
F. No warranty: Client expressly acknowledge and agree that use of the Licensed Application AND ANY OF ROOF ALERT’S PRODUCTS OR SERVICES IS AT CLIENT’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH CLIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION, ROOF ALERT’S PRODUCTS AND SERVICES AND ANY OF THEIR FUNCTIONALITY OR DATA PROVIDED IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ROOF ALERT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ROOF ALERT DOES NOT WARRANT AGAINST INTERFERENCE WITH CLIENT’S ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR PERFORMED BY THE LICENSED APPLICATION OR ROOF ALERT’S OTHER PRODUCTS OR SERVICES WILL MEET CLIENT’S REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION, PRODUCTS OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ROOF ALERT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION, ROOF ALERT’S PRODUCTS OR SERVICES PROVE DEFECTIVE, CLIENT ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO CLIENT.
G. Limitation of Liability. IN NO EVENT SHALL ROOF ALERT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO CLIENT’S USE OR INABILITY TO USE THE LICENSED APPLICATION, OR ROOF ALERT’S OTHER PRODUCTS OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ROOF ALERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO CLIENT. IN NO EVENT SHALL ROOF ALERT’S TOTAL LIABILITY TO CLIENT FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. PROVIDER IS NOT RESPONSIBLE FOR MINORS OR UNLAWFUL USE OF CLIENT’S CREDIT METHODS. DO NOT ALLOW CHILDREN OR OTHER UNAUTHORIZED FAMILY MEMBERS, FRIENDS OR EMPLOYEES TO ACCESS CLIENT’S CREDIT CARDS OR CLIENT’S ACCOUNT AT THE PAYMENT SITE TO ENSURE THAT NO ONE PAYS FOR A MEMBERSHIP WITHOUT CLIENT’S PERMISSION.
H. Export Limitations. Client may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, Client represents and warrant that Client is not located in any such country or on any such list. Client also agrees that Client will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
I. Subscription Auto-Renewal.
Automatic Renewal. All Membership subscriptions are for a full pre-paid term. Your subscription will automatically renew at the end of each subscription term for another subsequent identical term. You agree that Roof Alert may automatically renew your subscription and charge your account upon termination of your last subscription period (the “Renewal Date”), unless you cancel your subscription before the Renewal Date. Roof Alert will automatically renew your subscription for each term on the Renewal Date until you cancels your subscription or Roof Alert no longer offers the subscription service.
Notice Of Automatic Renewal. You will receive an email notice prior to your Renewal Date. The notice will let you know: your current subscription term is about to end, the Renewal Date when your subscription will be renewed and that your account will be charged. All notices regarding your subscription will be sent to your email that you have provided to Roof Alert. To cancel your subscription without your account being charged for the next term, you must do so before the Renewal Date. Please keep a record of when your subscription term ends and the next Renewal Date. You are responsible for timely canceling your subscription regardless of whether you receive any notice from us.
Payment and Price. The renewal payment is due on the Renewal Date and will automatically be charged to the same credit card that you used for the original subscription or the most recent renewal. Please notify Roof Alert Customer Service via email or use the online dashboard before the Renewal Date to make any changes to your email, account or billing information. The renewal price will be the same price as for the prior subscription term. You will also receive a notice if there are any changes to the subscription service terms.
How to Cancel Automatic Renewal. You must contact Roof Alert Customer Service via email (from the same email address used to create the account). Notice must be sent 24 hours before the account is set to renew. Your cancellation will be effective at the end of your current subscription term for which you have already paid.
J. Miscellaneous. This agreement shall be construed and governed by the laws of the State of Texas without regard to its conflicts of law provisions. This agreement may be modified only by Roof Alert posting changes to this agreement on its website or by a writing signed by Roof Alert and the Client.
