RoofBids Customer Terms and Conditions
(Last updated 4/1/2025)
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN SECTION IV BELOW. PLEASE READ CAREFULLY.
The Site, and Services are provided by Roof Bids, a Florida corporation with a principal place of business located at Winter Garden, FL 34787.
SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND
1.1 Definitions.
References to “Dispute” mean any claim, conflict, controversy, disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation or enforcement of these Terms or any Terms contemplated by the Terms.
References to a “Customer” mean any person or entity who accepts a Provider’s offer of sale of a Provider Service and promises to pay therefor.
References to “Material Breach” mean any breach of these Terms upon the occurrence of which a reasonable person in the position of the non-breaching Party would wish to immediately terminate these Terms because of that breach.
References to a “Provider Service” mean those roofing services sole, offered, or otherwise made available by a Provider.
References to a “Provider” mean a seller of services who advertises the same for sale via the Services. For the avoidance of doubt, a Provider is a licensed roof contractor within the operating state.
References to the “Services” mean any and all services offered by us, including but not limited to marketplace services offered via the Site.
References to the “Site” mean the Website bearing the URL www.myRoofBids.com and/or any other Websites owned and/or operated by us related to the Services.
References to the “Terms” and/or “Agreement,” mean this, these Terms of Use as set forth herein.
References to “us,” “we,” “our,” and/or “RoofBids,” mean Roof Bids, LLC.
References to “you,” and/or “User” mean the User of Services, as a Customer, as well as general users of our Site.
1.2. Agreement to be Bound.
The following Terms of Use, together with the relevant information set out on this Site, including any features and services available, such as RSS feeds, podcasts, video and photographs, publications, and other materials are subject to the Terms of Use set forth below. Please read them carefully as any of use of the Services, and Site constitutes an agreement, without acceptance, to be bound thereby by the User. By using the Services or otherwise accessing the Site you represent that you are at least eighteen (18) years old (and in some jurisdictions twenty-one (21) years old or, alternatively, have the express permission of your parent or guardian to access and use the same,) have read and understand the Terms of Use, and that you agree to be bound by these Terms of Use as set forth below.
These Terms of Use are subject to the Privacy Policy, which also governs your use of the Services and Site. In addition, each Provider shall have his, her, or its own Terms of Use, which bind all Customer transactions.
The Parties acknowledge and agree that each Provider, Customer, subsidiary and affiliate of us shall be a third-party beneficiary to the Terms of Use and that such other persons and/or companies shall be entitled to directly enforce and rely upon any provision of these Terms of Use which confers a benefit upon them. No other parties shall be third party beneficiaries to these Terms of Use.
SECTION II: GENERAL PROVISIONS
2.1. About Us; RoofBids is not Provider or Employer; No Endorsement.
RoofBids acts as a marketplace to allow Users to buy and sell Provider Services. As an online marketplace Provider, we do not offer for sale, provide, endorse or promote any Provider and/or Provider Service, and we have no control over the quality, safety, morality or legality of any aspect of any Provider Service listed for sale, the truth or accuracy of the listings, the ability of Providers to provide Provider Services sold, the identity of any Provider or Customer, or the ability of Customers to pay for items purchased. We do not and cannot ensure that a Provider or Customer will actually complete a transaction. If you rely on any of the information provided by or on the Site, you do so solely at your own risk. Notwithstanding the foregoing, all Customers and Providers are encouraged to conduct their transactions with the intent to execute the selected service.
You acknowledge and agree that we do not sell or purchase, offer to sell or purchase, invite to sell or purchase, or make or solicit any offers. IN ALL INSTANCES ALL SALES ARE ADVERTISED, SOLICITED, OFFERED, ACCEPTED, MADE, PROVIDED BY AND OTHERWISE DELIVERED BY VENDORS WITH WHOM A CUSTOMER DIRECTLY CONTRACTS. AT NO TIME WILL A CUSTOMER/SELLER RELATIONSHIP EXIST BETWEEN US. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.
Furthermore, ROOFBIDS SHALL AT NO TIME BE CONSTRUED AS AN EMPLOYER OF ANY PROVIDER. PROVIDERS ARE INDEPENDENT INDIVIDUALS AND/OR ENTITIES WHO OFFER PROVIDER SERVICES FOR SALE VIA THE SERVICES. THEY ARE NOT EMPLOYEES, JOINT VENTURERS, AFFILIATES, OR AGENTS OF ROOFBIDS. RoofBids exercises no control or discretion over Providers except for such prohibited activities as may be set forth in this Agreement.
2.2. Accuracy, Completeness and Timeliness of Information.
We are not responsible if information made available on the Site or via the Services is not accurate, complete or current. You acknowledge that the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge further that any reliance on the Site or any representation of a Provider or Customer is at your own risk.
2.3. Errors in Site.
We do not warrant that any errors in the Site will be corrected.
2.4. Modifications and Changes to Terms of Use.
We may modify, add to, suspend or delete these Terms of Use or other agreements, in whole or in part, in our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Site. Your use of the Services, and Site after modification, addition or deletion of these Terms of Use shall be deemed to constitute acceptance by you of the modification, addition or deletion.
2.5. Modifications and Changes to the Services, and Site.
We may modify, add to, suspend, or delete any aspect of the Services, and Site, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.
2.6. Access to Services and Site.
Though we try to make the Services and Site available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Services and Site will be at all times available.
We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Site.
2.7. Right of Refusal, Limitation, Discontinuation, and Termination.
We reserve the right to refuse to provide access to the Services, and Site for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel a User Account (as defined in Section 3.1) for any reason whatsoever. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting you at the e-mail address provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination.
2.8. Prohibited Uses of Services, and Site.
In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Services and Site: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services, and Site; (c) to violate any international or governmental regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services and Site; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services and Site. We reserve the right to terminate your use of the Services and Site for violating any of the prohibited uses or for any other reason in our sole and exclusive decision, without recourse by you.
SECTION III: ACCOUNTS, USE OF THE SERVICES
3.1. Online Accounts.
Users shall be given the opportunity to register via an online registration form, invitation from a registered Users via social media, email, or text message, or via a third-party plugin to create a User account, (hereinafter your “Account,”) that will allow you to receive information from us and/or to participate in certain features of the Services, and Site. We will use the information you provide in accordance with our Privacy Policy. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. Accounts may be cancelled at any time via the Account settings.
3.2. Transfer Prohibited.
You agree you shall not sell, trade, or transfer your Account to any other person or entity.
3.3. Account Guidelines.
The Site may contain the ability to communicate with other Users on one or more platforms, comments sections, discussion forums, Web sites, landing pages, social media outlets, sales channels, and/or other interactive features, (hereinafter "Interactive Areas,”) in which Users and Third Parties may communicate. For the avoidance of doubt, the definition of an Interactive Area shall include Provider’s Provider Service sales pages and communications between Providers and Customers. By participating in Interactive Areas, you agree and acknowledge that you:
Shall not upload, distribute or otherwise publish to the Site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and
Shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam”; and
Shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Interactive Areas and use of the Services, and Site; and
Shall not personally attack another User. Personal attacks are a direct violation of these Terms of Use and are grounds for immediate and permanent suspension of access to all or part of the Interactive Areas and use of the Services, and Site; and
Shall not use the Interactive Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services except for the sale of goods in the scope envisioned by the express purpose of the Services and Site and
Shall not upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability; and
Shall not post unauthorized commercial communications (such as spam); and
Shall not upload, post or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and
Shall not upload, post or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and
Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and
Shall not interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Areas or posting private information about a Third Party; and
Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and
Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component; and
Shall not interfere with or disrupt the Services, Site, the Interactive Areas or the servers or networks connected to the same, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, Site, and/or the Interactive Areas; and
Shall not facilitate or encourage any violations of these Terms of Use or our policies.
Users agree further and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.
3.4. Rights in Submissions.
Should you submit, display, publish or otherwise post any content to an Interactive Area, including but not limited to photographs of Provider Services rendered, listings and Terms of Sale (as defined in Section IV) (“Submissions,”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party.
You represent and warrant that you own or have a valid license to publish and use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
3.5. Right to Monitor.
We shall have the right (but not the obligation) to monitor your Account and all activity and communications in an Interactive Area in our sole and exclusive discretion.
3.6 Verification of Users.
RoofBids does not bear any responsibility and cannot be held liable for the verification or non-verification of a User’s identity.
SECTION IV: GOVERNING LAW; ARBITRATION
4.1. Governing Law.
These Terms shall be governed and construed in accordance with the laws of Florida without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Orange County, Florida, and any cause of action that relates to or arises from these Terms, the Services, or Site must be filed therein unless subject to the binding arbitration provisions of Section 10.2, infra.
4.2. Arbitration & Class Action Waiver.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and RoofBids agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section IV is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with RoofBids as follows:
4.2.1. Initial Dispute Resolution.
Most disputes can be resolved without resort to litigation. You can reach RoofBids’s support department at support@myRoofBids.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the RoofBids support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
4.2.2. Binding Arbitration.
If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms' or Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Platform shall be finally settled by binding arbitration by an arbitrator mutually-selected by the parties or otherwise in accordance with the rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, RoofBids will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, RoofBids will pay the fees invoiced by the arbitrator, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of Florida, United States of America, and you and RoofBids agree to submit to the personal jurisdiction of any federal or state court in Orange County, Florida in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
4.2.3. Class Action Waiver.
The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ROOFBIDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
4.2.4. Exception: Litigation of Intellectual Property and Small Claims Court Claims.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
4.2.5. 30-Day Right to Opt Out.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on RoofBids) written notice of your decision to opt out customerservicerRoofBids4u.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Platform; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, RoofBids also will not be bound by them.
4.2.6. Changes to This Section.
RoofBids will provide thirty (30) days' notice of any changes to this section by posting on the Site, by sending you an email to the email address associated with your Account, or otherwise notifying you when you are logged into your Account. Amendments will become effective thirty (30) days after the same.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
4.2.7. Survival.
This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Services.
4.3. Claims between Providers and Customers.
Notwithstanding the foregoing, for disputes, claims, or controversies arising between Providers and Customers, you agree to work together to amicably resolve the dispute between yourselves. In the event the same cannot be resolved, RoofBids retains the right (but not the obligation) to resolve a claim in its own discretion or through the use of a neutral resolution, mediation, or arbitration process conducted by RoofBids or a neutral third-party mediator or arbitrator selected by RoofBids. Notwithstanding the foregoing, you acknowledge and agree that RoofBids is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
SECTION V: MISCELLANEOUS
5.1. Customer Service.
Should you have any questions, comments or concerns regarding the Site, or Services customer service and technical support may be contacted at any time via support@myRoofBids.com. We strive to return all customer service inquires within forty-eight (48) business hours. We may also be contacted between the hours of 8 a.m. and 5 p.m. Eastern Time, Monday through Friday at 888-688-9248.
5.2. Affiliate Disclosure.
We may have an affiliate relationship with third-parties and affiliates to whose products and/or services we link and promote through the Site. Because of this relationship, we may earn a commission on products purchased by a User from a third-party affiliate.
5.3. Authority.
Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its Terms.
5.4. Waiver.
Any waiver of a right under these Terms of Use shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
5.5. Force Majeure.
We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
5.6. Assignment.
We shall have the right to assign and/or transfer these Terms of Use and our rights and obligations hereunder to any third party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub-contract or delegate the performance of any of its obligations under these Terms of Use without our prior written consent in our sole and exclusive discretion.
5.7. Rights of Third Parties.
These Terms do not give any right to any third party unless explicitly stated herein.
5.8. Relationship of the Parties.
The parties are independent Providers under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither party has authority to enter into Terms of any kind in the name of the other party.
5.9. Severability.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
5.10 Electronic Communications.
You hereby consent to receiving electronic communications (including text messages) from us, Providers, and Customers in accordance with our Privacy Policy at the email address and telephone number provided by you in conjunction with your Account.
5.11. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to RoofBids LLC., PO Box 770673, Winter Garden, Florida 34777, and in the case of any User, to the email address you provide to us (either during the registration process or when your email address changes). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three (3) calendar days after the date of mailing.
5.12. Effective Date.
From time to time, we may update these Terms of Use by prominently posting a notice of update to the Site, pushing a notice to users of our Mobile Application and contacting you at the email associated with your account, so we encourage you to review them often.