Terms and conditions
Effective Date: September 20, 2022
Welcome to The Roof Crop LLC website (“the Site,” “we,” or “our”) located at https://shop.theroofcrop.com/. At this URL, we provide access to The Roof Crop's products and services, as well as our information and ideas. To ensure a secure environment for all of our users, we have established these Terms of Use (“Terms”). This is designed so that you will know what you can expect from us and what we will expect from you. These terms of use apply to all channels of the company and its affiliates. By accessing any of the company channels, and any areas of this Site, you agree to be legally bound, and to abide by, these terms of use.
Welcome to The Roof Crop LLC website (“the Site,” “we,” or “our”) located at https://shop.theroofcrop.com/. At this URL, we provide access to The Roof Crop's products and services, as well as our information and ideas. To ensure a secure environment for all of our users, we have established these Terms of Use (“Terms”). This is designed so that you will know what you can expect from us and what we will expect from you. These terms of use apply to all channels of the company and its affiliates. By accessing any of the company channels, and any areas of this Site, you agree to be legally bound, and to abide by, these terms of use.
OWNERSHIP
The Roof Crop LLC ("TRC", “Company,” “we,” or “us”) provides access to information through our website accessible at the URL https://shop.theroofcrop.com/ (the “Site”, "Website") and we may provide the ability to use certain functionalities of the Site or provide services of various kinds (the “Services”). The Site and Services are made available to you only under the following terms and conditions (the “Terms”).
DISCLAIMERS AND LIMITATION OF LIABILITY
DISCLAIMERS AND LIMITATION OF LIABILITY
By accessing and using the site, you expressly agree that use of The Roof Crop website is at your sole risk. Neither the company, nor its affiliates, its officers, contractors, directors, or associates, this includes but is not limited to third-party service or content providers, merchants, licensors, sponsors, and the like, warrant that The Roof Crop will be error-free.
The Roof Crop products and services are provided on an “As Available” basis and the company disclaims warranties of any kind, either expressed or implied. No oral advice, written or electronically transmitted information given by the company, or its affiliates, contractors, directors, or associates, shall create any warranty under any circumstance. The Roof Crop, its affiliates, and any other party involved in producing, designing, distributing, delivering, marketing, or selling The Roof Crop's products and services shall never, under any circumstance, be liable for any direct or indirect liability. This includes but is not limited to any information obtained from The Roof Crop that result from mistakes, omissions, interruptions, deletion of files or emails, errors, viruses, delays in operation or any failures of performance, whether or not resulting from natural acts, communications issues, theft, destruction, or unauthorized entry to the company’s products and services and records.
PRIVACY POLICY
We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. Our Privacy Policy is located at _____________ (“Privacy Policy”).
By using the Site, you represent that you have read and consent to our Privacy Policy.
If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and Service. PLEASE READ THE TERMS CAREFULLY. BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE LEAST 18 YEARS OLD. NOTE THAT YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING AND UNABLE TO GRANT YOU ACCESS TO THE SITE OR THE SERVICES.
COPYRIGHT
By using the Site, you represent that you have read and consent to our Privacy Policy.
If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and Service. PLEASE READ THE TERMS CAREFULLY. BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE LEAST 18 YEARS OLD. NOTE THAT YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING AND UNABLE TO GRANT YOU ACCESS TO THE SITE OR THE SERVICES.
COPYRIGHT
Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
SUBMISSIONS
Any and all user comments, notes, postings, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to The Roof Crop on or by this Site shall be and remain the exclusive property of The Roof Crop. Users assign all property rights and interests to The Roof Crop allowing our company unlimited use, commercial or otherwise, of any comments. Furthermore, The Roof Crop shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.
You agree to fully indemnify The Roof Crop, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.
LIMITED LICENSE AND SITE ACCESS
You agree to fully indemnify The Roof Crop, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Site, or for infringement or violation of any third-party rights.
LIMITED LICENSE AND SITE ACCESS
The Roof Crop grants you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of its contents; (b) modify, adapt, translate, convert or otherwise, into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
SECURITY
You shall not violate or attempt to violate the security of this Site. Violations of system or network security may result in civil or criminal liability. The Roof Crop reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with law enforcement authorities in prosecuting users who have participated in such violations.
ACCOUNTS, FORMS, REGISTRATIONS AND PASSWORDS
SECURITY
You shall not violate or attempt to violate the security of this Site. Violations of system or network security may result in civil or criminal liability. The Roof Crop reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with law enforcement authorities in prosecuting users who have participated in such violations.
ACCOUNTS, FORMS, REGISTRATIONS AND PASSWORDS
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. The Roof Crop is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information.
You acknowledge and agree that any log-in, identifier, or password issued in connection with this Site (each a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify The Roof Crop immediately of any unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge and agree that The Roof Crop, in its sole discretion, may suspend or permanently discontinue your access to any portion of this Site at any time without notice to you. The Roof Crop cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site.
Procedures for Purchases.
By accessing or using this Site, you agree to the various TRC policies and procedures that apply to the purchase of the products or services offered through this Site, which are made part of these Terms. Prices will be those in effect at the time of purchase (in U.S. dollars) and unless otherwise specified, exclude freight, handling fees, taxes, and duties. Pricing is based upon product availability and subject to correction or change at any time without notice. You are responsible for payment of all applicable taxes. All products are subject to availability. The Roof Crop reserves the right to accept, reject or cancel any order and to correct any errors, including, without limitation, publishing, descriptive, typographical, or any other similar errors.
Procedures for Purchases.
By accessing or using this Site, you agree to the various TRC policies and procedures that apply to the purchase of the products or services offered through this Site, which are made part of these Terms. Prices will be those in effect at the time of purchase (in U.S. dollars) and unless otherwise specified, exclude freight, handling fees, taxes, and duties. Pricing is based upon product availability and subject to correction or change at any time without notice. You are responsible for payment of all applicable taxes. All products are subject to availability. The Roof Crop reserves the right to accept, reject or cancel any order and to correct any errors, including, without limitation, publishing, descriptive, typographical, or any other similar errors.
You authorize The Roof Crop to hold, receive and disburse funds in accordance with your payment instructions. Your authorization permits The Roof Crop to (a) debit or credit your credit card, debit card, or other payment methods that we accept ("Cards"); or (b) initiate recurring charges from your Cards if you signed up for a service that requires automatic billing. When you place an order, you authorize and order The Roof Crop to commit your payment to the applicable TRC entity. Your authorizations will remain in full force and effect while you maintain your account with The Roof Crop.
MONITORING
The Roof Crop reserves the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. The Roof Crop, subject to the Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. The Roof Crop shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by The Roof Crop or any other party.
LINKS TO OTHER WEBSITES
Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.
AUTHORIZED USERS
You affirm that you are 13 years of age or older. Indeed, in order to make a purchase through the The Roof Crop, you must be 18 or older and have a valid credit card or other acceptable electronic payment method. Subject to these Terms, you may not use The Roof Crop services if you are unable to form a legal binding agreement with The Roof Crop. This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian.
AUTHORIZED USERS
You affirm that you are 13 years of age or older. Indeed, in order to make a purchase through the The Roof Crop, you must be 18 or older and have a valid credit card or other acceptable electronic payment method. Subject to these Terms, you may not use The Roof Crop services if you are unable to form a legal binding agreement with The Roof Crop. This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE ROOF CROP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM: (1) YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY CONTENT SUBMITTED OR TRANSMITTED BY YOU VIA THE SITE; (2) ANY USE OF ANY PASSWORD CHOSEN BY OR ISSUED TO YOU; OR (3) ANY VIOLATION BY YOU OF: (A) THESE TERMS OF USE; (B) THE ROOF CROP'S PRIVACY POLICY; (C) ANY OTHER TERMS, GUIDELINES OR RULES APPLICABLE TO THE SITE; (D) ANY RIGHTS OF ANY OTHER PERSON OR ENTITY; OR (E) ANY APPLICABLE LAWS, RULES, OR REGULATIONS.
TERMINATION
Notwithstanding any of these Terms of Use, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms of Use will still apply.
SOFTWARE
To the extent applicable, software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
WE RESERVE THE RIGHT TO UPDATE AND REVISE THESE TERMS OF USE AT ANY TIME
From time to time we review these Terms of Use to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms of Use at any time. You will know if these Terms of use have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our website constitutes your acceptance of the terms of these Terms of Use as amended or revised by us from time to time, and you should therefore review these Terms of Use regularly to ensure that you are aware of its terms.
SEVERABILITY
If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between the user and The Roof Crop with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
FORCE MAJEURE
The Roof Crop shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including without limitation acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, grower delays at the farm level, delays due to product held by the USDA/Customs for inspection, or any other circumstance or cause beyond the reasonable control of The Roof Crop in the conduct of its business.
FORCE MAJEURE
The Roof Crop shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including without limitation acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, grower delays at the farm level, delays due to product held by the USDA/Customs for inspection, or any other circumstance or cause beyond the reasonable control of The Roof Crop in the conduct of its business.
GOVERNING LAW
These Terms will be governed by and construed in accordance with the laws of the State of Illinois without regard to: (a) such State's conflicts-of-laws principles; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws.
These Terms will be governed by and construed in accordance with the laws of the State of Illinois without regard to: (a) such State's conflicts-of-laws principles; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws.
MISCELLANEOUS
Both you and TRC acknowledge and agree that no partnership is formed, and neither you nor TRC has the power or the authority to obligate or bind the other. If any provision of these Terms is determined to be unlawful, void or unenforceable by a tribunal of competent jurisdiction, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If TRC fails to act with respect to your breach or anyone else's breach on any occasion, TRC is not waiving its right to act with respect to future or similar breaches. These Terms constitute a binding agreement between you and TRC, and are accepted by you as a condition for your use of this Site or your account. These Terms constitute the entire agreement between you and TRC regarding the use of this Site and TRC Content.
