Last updated: July 1, 2021

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://findmyroofer.org website (the “Service”) operated by Find My Roofer (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

The Work  

Find My Roofer LLC (“Broker” or “Find My Roofer”) will offer residential roofing/gutter contracts to Contractor.  These contracts will already be priced and accepted by Homeowner.  If Contractor accepts the contracts, Contractor agrees to complete roof replacements within 30 days of accepting and signing the contracts.

Broker may offer roof repair contracts or leads to Contractor, as long as Contractor does not also perform roof replacements.  If Contractor accepts repair contracts or leads, Contractor agrees to complete the respective contracts within 7 days of accepting and signing the contracts.  For repair leads only, Contractor will negotiate price with Homeowner, but agrees to keep the pricing within Broker’s parameters.

Contract Price

Under the terms of this Agreement, Broker will periodically offer construction contracts to Contractor.  Roof and gutter replacement contracts will be priced and signed by Homeowner prior to being offered to contractor. Roof repair could be signed contracts or simple referrals.  If a referral, roof repair technician agrees to Broker’s pricing formula, which could change at any time.  Formula uses  local prices for labor, materials, overhead, commissions, and a moderate net profit to Contractor (estimated 15% for roof replacements and 25% for gutters and roof repairs).  

Service Fee

Contractor acknowledges that Broker’s fee for roof replacements and gutter installations is 9% of the net contract price (gross price minus the Homeowner Fee).  The service fee is due and payable upon accepting each contract.  The fee for repair leads is $149, the standard Homeowner Fee, which must be shown on the contract.  The only time a fee may be credited/refunded would be if Broker reassigned the contract.

Broker’s Responsibilities

Broker will advertise and generate roof and gutter replacement leads.  From these leads, Broker will secure residential roofing/gutter installation projects.  Once a Homeowner accepts a contract, Broker will offer the job to a contractor from its network at a pre-determined price.

Contractor’s Responsibilities

Contractor will set his work area and number of jobs per week he is willing to accept.  Additionally, he will set a weekly budget.  Within 7 days of accepting and signing a contract, Contractor will meet with Homeowner to pick out colors and accessories.  Contractor agrees to complete installation of the roof/gutter no later than 30 days from date of accepting the contract and the homeowner’s funding the escrow account.  If Contractor accepts a repair contract or lead, he agrees to complete the job within 7 days of receiving the contract/lead.

Insurance

Contractor further agrees to maintain the following minimum insurance coverages:

Commercial General Liability (for roofing contractors)

$2,000,000 aggregate / $1,000,000 per occurrence

Workman’s Compensation

All workers must be covered with legal minimums for the appropriate trades.

Auto Liability

All vehicles that go to the jobsite must be covered with legal minimums.

Contractor agrees to supply Broker with current certificates at all times.  Further, Contractor will add Find My Roofer LLC as an additional insured on all general liability and workman’s compensation insurance certificates.

The Gear

Contractor agrees that it shall at its own expense perform, furnish and provide all labor, materials, tools, water and ice for their crew, first aid kits, personal safety equipment, safety glasses, gloves, boots, hard hats, safety lines, safety shirts for workers, COVID PPE, and full-time supervision for labor crews to perform the work of the specifications per each job.

Payment by Contractor

Contractor will keep a current credit card on file with Broker, and Contractor authorizes Broker to charge card 9% of net contract price immediately upon acceptance of contract.

Compliance with Law

Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and orders of any public authority bearing on the performance of the work. Contractor (and all his subcontractors) shall at all times perform all work in accordance with the current regulations of the Occupational Health and Safety Administration (OSHA) and, where applicable, the Environmental Protection Agency (EPA) and the state agencies where requirements extend to the Work performed by Contractor (and all his subcontractors). Contractor shall be responsible for any citations, fines and penalties if OSHA regulations or other regulations are violated and to take the steps necessary, at Contractor’s expense, to maintain compliance with all applicable regulations.  Contractor shall take all reasonable safety precautions with respect to his work.

Liens

Contractor shall keep the project and the lands upon which it is situated free from all mechanic’s liens, claims on bonds and all other liens by reason of its work or of any materials or other things used by the Contractor, its agents, employees, crew members, material men and subcontractors. Contractor will release all liens on Homeowner’s property within 7 days of receiving final payment via escrow.

Warranty

Contractor warrants its work against all deficiencies and defects in workmanship for 5 years from date of completed installation (1 year for repairs). Contractor warrants that all work performed shall be of good quality, free from faults and defects.  All work not conforming to these requirements may be considered defective. Contractor agrees to satisfy such warranty obligations by scheduling the repairs within 48 hours after receiving notice from Homeowner and by completing repairs within 1 week of receiving notice from Homeowner.

Protection of Work

During performance and until final inspection of the work by the appropriate governing entity, the Contractor shall be responsible for and under strict obligation to protect the finished and unfinished work, materials, equipment and other tools against any damage, loss or injury, produced by any cause whatsoever.

Indemnification

Contractor shall indemnify, pay for the defense and hold harmless Broker and all its agents and employees from and against all claims, damages, losses, expenses, including attorney fees, arising out of or resulting from the Contractor’s Work, provided that any such claim, damage, loss or expense is caused in whole or in part by an act or omission of the Contractor or anyone directly or indirectly employed by him or anyone for whose acts he may be liable.  These acts may include failure to provide information or providing false information.

Clean-up

Contractor shall at all times keep the premises free from accumulation of waste material or rubbish arising from construction work. Clean up shall be done daily by Contractor, debris all put in dumpsters, and all nails and screws picked up.

Extra Work and Charges

Contractor is NOT allowed to perform any work outside of the scope of work without written consent of the Homeowner prior to any work done. Price and amount charged to Homeowner shall be discussed and agreed to in writing prior to doing the work.

Reassignment

If Contractor fails to complete any required task or duty or fails to uphold Broker’s policies, Broker may reassign the job.  Also, Contractor acknowledges that Homeowner may at any time and for any reason request a different contractor.  In that case, Broker will reassign the job to a different contractor.  Therefore, Contractor understands he may lose jobs from time to time.  However, he will also gain jobs that other contractors lose.  When a job is reassigned, Contractor may be required to refund monies already collected for the reassigned jobs.  Further, when a job is reassigned, Broker, at its sole discretion, will either assign a replacement job to contractor, issue a credit/refund, or some combination of the two.  Contractor acknowledges he is NOT allowed to enforce any termination penalties or require the homeowner to pay any monies for any reason for reassigned jobs.

Trade Restrictions

Contractor may NOT sign up for both roof replacements and roof repairs.  Contractor must choose only one.  However, he may sign up for one roof trade (repair or replace) and also gutter installations.

Termination for Default

If Contractor fails or neglects to carry out the work in accordance with this agreement, Broker may terminate this agreement.  Further, either party may terminate this agreement at any time.  Upon termination, Broker shall decide whether to let Contractor finish jobs already assigned to him.

Background

Contractor authorizes Broker to conduct a background check on Contractor’s owners and officers at any time while this agreement is in force.

Drug Free Environment

Contractor understands that no workers are allowed to be under the influence of drugs or alcohol while working on a jobsite.

Broker – Client Relationship

Contractor understands that he is neither an employee of Broker nor a subcontractor of Broker. By purchasing the right to install roofs on various properties, Contractor is a client of Broker. Therefore, Broker will NOT be deducting any taxes or providing any benefits to Contractor.

Homeowner’s Payment Terms

Contractor understands that Homeowner agrees to make a reasonable effort to accommodate Broker and Contractor, including, but not limited to, making property available for inspections, material delivery, and construction. Contractor further understands that Homeowner will pay the full contract price into an escrow account prior to commencement of construction.  That could be either before or after the first meeting to choose colors and accessories (within 7 days of signing contract with Contractor). The escrow account will make payment in full to Contractor after the job is complete and final inspection is passed (if required by law).   

Waiver

Any waiver of a default under this Agreement must be made in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.  No delay or omission in the exercise of any right or remedy shall impair such right or remedy or be constructed as a waiver.  A consent to or approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act.

Prior Understandings

This Agreement contains the entire agreement between the parties with respect to the subject matter of this Agreement.   The Agreement supersedes all prior understanding, agreements, or representations.

Entire Agreement

This Agreement constitutes the entire agreement between Contractor and Broker and supersedes all prior discussions, negotiations, and agreements between the Parties whether oral or written. Any understanding, agreement, or promise not specified herein, whether expressed or implied, shall bind neither Contractor nor Broker.

Joining the Pro Network

When you request to join our Pro Network, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Find My Roofer and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Find My Roofer.

Find My Roofer has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Find My Roofer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

Broker may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

This Agreement shall be governed under the laws located in the State of Nevada.

Failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Severability

This Agreement shall remain in effect in the event a section or provision is unenforceable or invalid. All remaining sections and provisions shall be deemed legally binding unless a court rules that any such provision or section is invalid or unenforceable, thus, limiting the effect of another provision or section. In such case, the affected provision or section shall be enforced as so limited.

Injunctive Relief

Contractor hereby acknowledge (1) that the Broker will suffer irreparable harm if Contractor breaches his obligations under this Agreement; and (2) that monetary damages will be inadequate to compensate Broker for such a breach.  Therefore, if Contractor breaches any of such provisions, then the Broker shall be entitled to injunctive relief, in addition to monetary damages and any other remedies at law or equity, to enforce such provisions.

Changes

Broker reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 14 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service

Contact Us

If you have any questions about these Terms, please contact Broker.