Buildpro Roofing Website Terms & Conditions
Last updated: November 24, 2020
These Terms of the Site (the “Terms and Conditions”) are a binding legal agreement between you and Buildpro Roofing, regarding your use of our websites (including www.gosunpro.com), their functions, facilities and services related thereto (“the Site”) are proprietary World Wide Web services operated and maintained by Buildpro Roofing. By accessing this web site, you, the user, are bound by the terms and conditions set forth below for your use of the web site. Please read carefully.
This Agreement contains the terms and conditions on which Buildpro Roofing is willing to permit your use of the Site and you must accept these terms and conditions for use of the Site. Your use of the Site signifies your agreement to the terms and conditions of this User Agreement.
Buildpro Roofing may periodically make changes to the Terms and Conditions. It is your responsibility to review the most recent version of the Terms and Conditions frequently and remain informed of any changes to it. If you continue to use the Site after we modify these Terms and Conditions, you will be deemed to have consented to terms of the modified Agreement for your use of the Site as of the date of the modification. If you do not agree with these terms and conditions, you should exit the Site now and not use the Site in the future.
This Site may be used by you in an individual capacity or as a representative of a business entity. This Site is available only to individuals of the age of majority who can form legally binding contracts under applicable law and your use of this Site is your representation that you satisfy this requirement. You are solely responsible for maintaining the confidentiality of your password/passphrase and account. Furthermore, you are solely responsible for any and all activities that occur under or in connection with your account or which result from access to or use of the Site using your password/passphrase or account. Each user is solely responsible for his or her transmissions.
2. Prohibited Uses
a) You agree that you will not use the Site:
(i) in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
(ii) to invade the privacy of others;
(iii) to violate, plagiarize, or infringe on the intellectual property or contractual rights of any person in connection with any use of the Site;
(iv) to transmit unlawful, fraudulent, offensive, obscene, pornographic, defamatory, abusive, threatening, discriminatory or otherwise objectionable material, or to encourage conduct that would give rise to civil liability of any manner.
b) You agree that you will not:
(i) violate, or assist in violating, the security of the Site, whether intentionally, negligently or otherwise;
(ii) impersonate Buildpro Roofing personnel or other persons or entities;
(iii) use any electronic mail message, device, software or programming routine that may impair, interfere or impose an unreasonable burden on the Site or Buildpro Roofing;
(iv) intercept or expropriate any system, data or information of this web Site; or
(v) resell, assign or transfer, in whole or in part, your right to use the Site.
c) You agree to provide true, accurate, and complete information about yourself, to update such information as necessary, and to maintain the confidentiality of your password/passphrase and account designation. You agree that you are solely responsible for all activities that occur using your password/passphrase or You agree to notify Buildpro Roofing immediately in the event of any unauthorized use of your password/passphrase or account or any other breach of security. You agree that Buildpro Roofing employees may have access to your account and records as reasonably necessary to investigate complaints and maintain the Site.
3. Proprietary Materials
The Site contains trademarks, copyrights and other proprietary information and materials. This Site and all such materials are owned or licensed by Buildpro Roofing. Everything on this Site is copyrighted. You agree not to publish, modify, create derivative works from, sell or otherwise transmit or exploit any of such proprietary materials without the express written permission of the owner of the rights to such materials. You agree not to remove any copyright, trademark, or other proprietary notice or legend contained on this Site or on any materials obtained through this Site.
4. Data and User Information Privacy
5. Disclaimer of Warranties
a) The information and services included in or available through the Site may include inaccuracies or errors. Buildpro Roofing may make improvements and/or changes to the Site at any time without notice. Buildpro Roofing does not guarantee that access to or use of the Site will be uninterrupted or error free, that bugs or malfunctions will be corrected, or that the Site and its servers are free of harmful components. Buildpro Roofing does not guarantee that the uses of its Site, or the materials provided within the Site, are accurate, without error, or reliable.
b) You acknowledge and agree that Buildpro Roofing is not responsible or liable for messages you receive, even if they are unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or infringe the intellectual property or other rights of another.
c) You acknowledge that Buildpro Roofing will not be responsible for any injuries or damages connected with the use of, loss of use of, or inability to use, the Site. Buildpro Roofing does not guarantee that message keys will always be available. Buildpro Roofing does not take responsibility if keys are lost for any reason. The user is solely responsible for any and all information that he or she transmits using the Site. Buildpro Roofing will not be responsible or liable for any product acquired or requested using the Site. The user’s sole and exclusive remedy is to discontinue their use of the Site.
d) You agree to accept the site “as is” and to use it at your sole risk. Buildpro Roofing disclaims all representations, warranties and guarantees of any kind, expressed or implied, including without limitation warranties of merchantability or fitness for particular purpose. You agree that Buildpro Roofing will have no liability for injuries or damages of any kind whatsoever.
6. Limitation of Liability
To the fullest extent allowable by applicable law, neither Buildpro Roofing nor its suppliers or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Buildpro Roofing or any supplier or licensor has been advised of the possibility of these damages), arising out of or relating to your access to or use of, or your inability to access or use, the Site or any content. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You will defend, indemnify and hold harmless Buildpro Roofing, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.
8. Export Control Laws
Export of any information from this Site is subject to all United States Export Control laws. No content from this Site may be downloaded or otherwise exported in violation of these or any other laws.
9. Amendment to User Agreement
Buildpro Roofing has the right to amend this User Agreement at any time by posting the amended User Agreement on this Site. The amended User Agreement will be effective on the date specified in the posting. Your use of the Site following the effectiveness of any notice of amendment will indicate your acceptance of the amended User Agreement.
10. General Legal Notices
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms and Conditions that is found to be invalid, unlawful, or unenforceable will be severed from these Terms and Conditions, and the remaining provisions of these Terms and Conditions will continue to be in full force and effect. The section headings and titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. Any provision in these Terms and Conditions that by its nature should survive any termination of these Terms and Conditions (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination. These Terms and Conditions constitute the entire agreement between you and Buildpro Roofing concerning the Site. These Terms supersede all prior agreements or communications between you and Buildpro Roofing regarding the subject matter of these Terms.
11. Dispute Resolution & Arbitration.
Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court. These Terms are governed by the laws of the State of Louisiana, excluding conflict of laws principles.
You and Buildpro Roofing agree to resolve any controversy or claim arising out of or relating to these Terms and Conditions by binding, bilateral arbitration in accordance with the commercial arbitration rules of the american arbitration association, before a neutral arbitrator instead of in a court by a judge or jury, and you agree that you are each waiving the right to sue in court and to have a trial by jury. You and Buildpro Roofing agree that any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action.
You and Buildpro Roofing agree that the arbitration will be conducted in St. Tammany Parish, Louisiana and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Louisiana law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
12. Entire Agreement
This User Agreement and all materials incorporated by reference constitute the entire understanding between you and us with respect to your rights and obligations as a user of the Site. If any provision of this User Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. The failure by Buildpro Roofing to enforce any provision of this User Agreement at any time is not a waiver of any provision or right.
13. Third-Party Sites and Advertisers
The links included within this Site may allow you leave the Site and visit third party sites. These third party sites are not under the control of Buildpro Roofing. Buildpro Roofing will not be responsible for the contents of any third party site nor is Buildpro Roofing responsible for the functionality of any third party site. Buildpro Roofing provides links between our Site and third party sites to you strictly as a convenience. A link’s inclusion in this Site does not constitute an endorsement of the site or its operators or of the goods or services provided by or accessed through said site.
As a part of the Site, we may email or provide you offers and other specials from Buildpro Roofing or from third parties (collectively “Promotions”). Promotions may expire, and are otherwise subject to change without notice. We have no control over their legality or the ability of any third-party to conduct or honor a Promotion (including the sale in accordance with the offer).
15. Consent to Electronic Communications
By using the Site, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Site. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (collectively “Feedback”), are non-confidential and you hereby grant to us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose without compensation or attribution to you.