Website Terms and Conditions of Use

 

Last Updated on: February 14, 2024

 

By using this website (“Site”) including without limitation purchasing any products or services offered on the Site, you (“You” or “Your”) agree to the following terms and conditions of use (“Terms”) and the Privacy Policy located here. Please read them carefully before using this Site.

 

 

This Site is owned and operated by AJB Consulting LLC, DBA The Roof Strategist (hereafter, “Our”, “We” or “Company”).

 

Use of the Site is at Your own risk. We host this Site on a reputable platform and take reasonable efforts to maintain and host the Site. However, We make no explicit representations or warranties as to the safety or Your individual use of the Site.

 

“Company Material” is collectively defined as any information, documents, products, materials, web pages, text, photographs, graphics, software, web links, email, data, or any other materials as well as any intellectual property therein provided by the Company or through the Site, including any portion thereof.

 

“Company Services” is defined as any services offered by the Company.

 

If You do not wish to be bound by these Terms, You are not granted authority to use or access the Site or the Company Material or Company Services.

 

These Terms are subject to modification at any time at Company’s sole discretion. The Company may but is not obligated to provide notice of modifications, and it is Your obligation to check the Terms from time to time for any updates and modifications. In the event Company does provide notice of any modification, such action shall not be deemed to require Company to provide future notices of any kind, unless expressly required by these Terms.

 

 

You must be at least eighteen (18) years of age to use the Site and any Company Material.

 

 

By purchasing any product, i.e., Company Material, You are granted one (1) revocable, worldwide, non-exclusive license to the product(s) You have purchased.

 

Access to Company Material is available in two (2) ways: (1) an individual user license (“Individual License”), and (2) a company user license (“Company License”).

 

 

By purchasing an Individual License, You expressly represent and warrant that You are not working for or otherwise affiliated with a business or operation in the roofing industry. The Company reserves the right to request any information from You to determine the status and eligibility for an Individual License, and the Company reserves the right in its sole discretion at any time before or after purchase to terminate the Individual License and seek any remedies if it believes you have violated these Terms.

 

Pursuant to the Individual License, You have the right to make one (1) electronic copy of the Company Material for personal use only. You also have the right to make necessary mechanical copies (e.g., printed or photocopied) of the Company Material for your personal records and as required for completion of the specific transactions for which the Company Material is intended.

 

 

By Purchasing a Company License, You have the right to make multiple electronic copies of the Company Material for the company’s use. You also have the right to make necessary mechanical copies (e.g. printed or photocopied) of the Company Material for your personal records and as required for completion of the specific transactions for which the Company Material is intended.

 

Purchase of an Individual License or Company License entitles You to any and all updated forms and supplemental materials that may be created in connection with the Company Material.

 

The rights granted under these Terms are granted to You only. You agree to only use the Company Material and the Site as a customer. To access products, You must provide credit card details to the Company as required by the Site. We will charge credit cards in accordance with displayed pricing in return for access to products and lawful services.

 

 

All copyrights, trademarks (including its distinguishing guise and/or trade dress), and any other intellectual property rights (registered and unregistered) in connection with the Company Material are owned by the Company. We reserve all right, title and interest in the Company Material. Nothing in the Terms grants You a right or license to use any Company Material except as expressly provided in these Terms.

 

The Company Material contains proprietary information and intellectual property that is created, selected and/or organized by the Company and represents significant work product of the Company. Accordingly, You agree to the following: (i) the Company Material is the property of the Company; (ii) You will not use the Company Material for any purpose other than is expressly permitted in these Terms; and (iii) You will not distribute in any medium any Company Material without the Company’s prior written authorization or as expressly provided in these Terms.

 

 

You agree not to use the Company Material for any purpose which is against any law or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.

 

Except as expressly provided for herein, the Company Material may not be copied or transmitted for any reason, nor may any materials be modified or reposted to other sites, without the prior express written permission of Company.

 

For the avoidance of doubt, to the maximum extent allowable under applicable law, except as explicitly identified in these Terms, You agree not to copy, publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an Internet web site any Company Material.

 

 

The Company values the proprietary information contained in the Company Materials and aggressively enforces remedies in the event of violations of the permissible use granted pursuant to the Licenses. In addition to any other rights and remedies set forth herein or available to Company under applicable law, the Company has the following remedies.

 

LIQUIDATED DAMAGE. In addition to any other remedies available, You expressly agree that any use of any Company Material that violates these Terms is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying a work, and based on each individual product (i.e., Company Material) being a separate work under the United States Copyright Act (U.S.C. Title 17).

 

If You violate this license by giving or selling a copy of Our product(s) to anyone, in addition to all other rights and remedies available, We reserve the right to invoice You for the materials You improperly provided to others and/or revoke Your access to Our products and services permanently.

 

We retain the right to prohibit organizations, groups, or individuals, or Yourself from using the Site and/or the Company Materials at Our sole discretion.

 

We may prosecute You to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using or misusing Our intellectual property immediately.

 

 

Purchase of Company Material is eligible for return with a full refund if and only if the request is submitted in writing within thirty (30) days of purchase. Notwithstanding the foregoing, Company reserves the right in its sole discretion to deny any refunds if Company believes You have misused the return policy. All payments (beyond the 30 day refund policy) are non-refundable.

 

 

If an automatic payment fails, access may be temporarily restricted until payments are reconciled (must be reconciled within 60 days).

 

 

Any communications made through Our blog, blog comments, newsletter sign up or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our Site, servers, comments, blog(s), social medias, emails or other media (collectively, the “TRS Sites”) as allowed by United States law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy.

 

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

 

 

Our Site, the Company Material and any and all associated information and materials are provided for educational and informational use only.

 

You agree and acknowledge that the Company makes no representations, warranties, promises, covenants or claims of any kind in connection with the use of the Site, the Company Material or the Company Services. Nothing herein creates any legal, fiduciary, employment, consulting or other legal or non-legal relationship between You and Us. You agree that all decisions You make on any business or legal matters are Your full and sole responsibility, and You agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.

 

You agree to indemnify and hold harmless the Company for any direct or indirect loss or conduct incurred as a result of Your use of Our Site or the Company Material and any related communications.

 

While We may reference certain results, outcomes or situations on this Site or in the Company Material, You understand and acknowledge that We make no guarantee as to the accuracy of statements contained herein or the likelihood of success for You as a result of the statements or any other statements anywhere. If You have medical, legal or financial questions, You should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using the Site and/or the Company Material.

 

While the Company may offer discounts or offers at various times, these discounts or offers may be terminated or amended at any time without explanation or warning. Sales, discounts, and offers will not be retroactively applied to past purchases.

 

This Site is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this Site and the Company Material is used at Your own risk. If You should see any errors or omissions and would like to let us know, please email us at [email protected].

 

 

Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, the information on the Site, the TRS Sites, the Company Material and the Company Services are provided "as is" without any kind of warranty.

 

You accept full responsibility for determining whether the Company Material and Company Services are suitable for any particular purpose and for protecting Yourself against any possible consequential damages.

 

The Company does not authenticate users' signatures or identities. Our electronic signature functionality does not track IP addresses, include digital certificates, use a certification authority nor any other third party verification. You accept full responsibility for determining whether an electronic signature is suitable for any particular purpose.

 

Except as expressly provided in these Terms or where prohibited by law, the Company is not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of the Site, or the Company Material and Company Services, or for inaccessibility of Company Material and Company Services whether from errors or omissions in the content of Company Material and Company Services or any other linked sites or for any other reason. Use of Company Material and Company Services is at your own risk.

 

We do not represent or warrant that Company Material, the Site or any TRS Sites are free of any harmful materials.

Except as expressly provided in these Terms or where prohibited by law, You agree that the maximum liability that may be imposed or assessed against the Company is strictly limited to the amount paid to the Company by You in connection with any Company Material or Company Service.

 

 

We do not endorse or recommend any of the goods or services advertised or found on or through the TRS Sites. We do not necessarily endorse or recommend any affiliates using Our services.

 

 

Company makes no income/financial claims, nor guarantees of any kind regarding the potential income that can be generated through or in connection with Our Site, the TRS Sites, the Company Material, or any communications by Us. Past results presented on the Site are not an indication or promise of future results. There is no guarantee You will earn any money using the Site or the Company Material, and Your revenue is dependent solely on you and your actions or non-actions.

 

 

If at any time Company feels You have violated these Terms, Company may immediately terminate Your use of Our Site, the Company Material and any Company Services as We deem appropriate. It is within Company’s sole discretion to allow any user’s access to the Site and Company Material, and We may revoke this access at any time without notice or reason, and if necessary, block Your IP address from further visits to the Site and any TRS Sites.

 

 

The information contained herein constitutes the entire agreement between You and the Company related to the Site, the Company Material and any Company Services.

 

 

If any part of these Terms is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect. Any failure by Company to enforce a provision of this Terms shall not constitute a waiver of any other portion or provision of this Terms.

 

 

Headings and titles are provided in this Terms for convenience only and will not be construed as part of the legal terms.

 

 

These Terms and Our Privacy Policy shall be governed by and construed in accordance with the laws of the State of Colorado including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The prevailing party in any dispute shall be entitled to reasonable fees and costs incurred, including attorney’s fees.

 

 

Any and all disputes or disagreements rising between Company and You in connection with these Terms, Our Privacy Policy, any Company Material, any Company Service, the Site or the TRS Sites upon which an amicable understanding cannot be reached, shall be decided by final and binding arbitration in accordance with the procedural rules of the American Arbitration Association. Company and You agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Larimer County, Colorado. The cost and expenses of the arbitrator(s) shall be shared equally by the parties.

 

Exceptions to the use of binding arbitration are as follows: Company may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief. Also, either party may use small claims court.

 

 

If You require any more information or have any questions about these Terms or Our Privacy Policy, please feel free to contact us by email at [email protected].