Terms of service

Effective Date: September 20, 2022

Last Updated: [October 28, 2022]

Welcome to The Roof Crop LLC (“we,” or “our”) website located at https://www.theroofcrop.com and https://shop.theroofcrop.com/ (the “Site”). At this Site, 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 & Conditions (“Terms”). Every time you visit or use the Site, you agree to be bound by these Terms. These Terms outline your rights, obligations and restrictions regarding your use of the Site, please read them carefully. These Terms 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. If you do not agree to be bound by the Terms and all applicable laws, you should discontinue use of the Site immediately. 

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 (“Privacy Policy”). By using the Site, you represent that you have read and consent to our Privacy Policy.

DISCLAIMERS AND LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE ROOF CROP MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. THE ROOF CROP EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO THE CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, DESIGN, OPERATION OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE. FOR AVOIDANCE OF DOUBT, THE DISCLAIMERS SET FORTH HEREIN DO NOT LIMIT ANY COVENANT, REPRESENTATION OR WARRANTY MADE BY THE ROOF CROP IN THESE TERMS. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE ROOF CROP BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE ROOF CROP TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO THE ROOF CROP IN THE IMMEDIATELY PRECEDING SIX-MONTH PERIOD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

While we strive to protect your information, we cannot guarantee the security of personal information we collect or store, or otherwise connected with your use of the Site. 

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

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 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

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. 

PURCHASES

Prices are in U.S. Dollars and are subject to our Refund Policy. Pricing is based upon product availability and subject to correction or change at any time without notice. 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.

User authorizes The Roof Crop and our various third-party partners, such as Stripe, Venmo, and PayPal, to collect payment of fees from a credit card, debit card or other means of payment; and authorizes The Roof Crop to charge all fees and other amounts owing hereunder from such payment method. 

Fees quoted do not include, and User shall pay and hold The Roof Crop harmless from, all sales, use, gross receipts, value-added, personal property or other taxes, and all applicable duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transaction contemplated herein, other than taxes based on the net income or profits of 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

We comply with the Children's Online Privacy Act and our Site is not intended for persons under the age of thirteen (13). We do not knowingly collect information from such persons. 

This Site is designed for and intended for use by adults. You must be eighteen (18) years or older to make a purchase through the The Roof Crop 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. 

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. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE SITE.

TERMINATION

Notwithstanding any of these Terms, 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 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 and revise these Terms. We reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Last Updated” date at the top of this page. Your use of our website constitutes your acceptance of such Terms.

SEVERABILITY

If any of these Terms 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 constitute the entire agreement between you and The Roof Crop with respect to the Site and Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms 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.

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.

MISCELLANEOUS

Both you and The Roof Crop acknowledge and agree that no partnership is formed, and neither you nor The Roof Crop has the power or the authority to obligate or bind the other. If The Roof Crop fails to act with respect to your breach of these Terms or anyone else's breach on any occasion, The Roof Crop is not waiving its right to act with respect to future or similar breaches. These Terms constitute a binding agreement between you and The Roof Crop 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 The Roof Crop regarding the use of this Site.