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AI – Terms & Conditions

The Authorized Installer (herein AI or Authorized Installer), including its employees, agents, affiliates, or any other party or person with whom AI engages or otherwise utilizes, agrees to the following Terms & Conditions:

1. Non-Exclusive:

Authorized Installer acknowledges that the authority to purchase and install the Roof Maxx product pursuant to these Terms & Conditions is a non-exclusive grant. Roof Maxx Technologies, LLC (herein RMT or Roof Maxx) reserves the right to sell its product to other Authorized Installers and Exclusive Certified Dealers.

2. Refund Policy:

Any and all amounts paid to Roof Maxx shall be deemed immediately earned and are strictly non-refundable, including amounts paid by credit card.

3. Installation:

Authorized Installer warrants that it has or will have and maintain qualified staff and necessary equipment for the purpose of providing the adequate application of Product for its customers. Authorized Installer agrees to mix Product at a ratio of no less than 1:1, (Product with water), and ensure proper mixing, prior to applying Product. Authorized Installer agrees to apply Product at a mixed rate of one (1) gallon per one-hundred (100) square feet. Authorized Installer will obtain and maintain a full understanding of the Product installation requirements and will be fully responsible for executing  RMT’s Product Application Guidelines. RMT will not honor the product warranty as a result of faulty installation, including but not limited to, under-application of Product. In such an event,  Authorized Installer will be responsible at its sole cost for all obligations under the provided Warranty.

4. Safety:

The Authorized Installer acknowledges and understands that the Product is a “soy-based oil” and therefore “slippery” and proper installer training and safety procedures must be followed to avoid harm or death. RMT will not be held responsible for any claims relating to slip or fall or another injury attendant to Authorized Installer’s operations. Roof Maxx recommends Authorized Installer follow OSHA  and/or other industry or government safety rules & guidelines.  Authorized Installer acknowledges the need to safely operate all equipment, including trucks, trailers,  vans, etc. Authorized Installer understands that responsible operation of branded vehicles is paramount.  Repeated consumer complaints regarding the unsafe, erratic, or irresponsible operation of motor vehicles will be deemed as a violation of Paragraph 2.2 (“acts in a manner that is publicly detrimental to RMT, its Authorized Installers, or the Roof Maxx Brand”).

5. Covenant Not To Compete / Not Solicit:

Neither during, nor for a period of three (3) years from and after the termination of this Agreement, neither the Authorized Installer nor his affiliates shall,  without prior written consent from Roof Maxx, individually or in partnership, or otherwise in connection with any other person or entity, as principal, agent, partner, shareholder, member,  director, officer, manager, employee, consultant, or otherwise, directly or indirectly, in the exclusive area or the state in which such area is located, engage in or be financially interested or involved with, any person or entity that engages or conducts any business that Roof Maxx engages or conducts at the time of execution or during the term of this Agreement. This Covenant shall not include any traditional home painting (interior/exterior) or power-washing activities that the Authorized Installer is actively engaged in at the time of becoming an Authorized Installer.

Authorized Installer shall otherwise not compete with Roof Maxx for any similar or identical business or work that Roof Maxx does or could engage in or otherwise provide, during this period. Authorized Installer specifically acknowledges that such Covenant is reasonable in its scope, geographic limits, and duration.

Authorized Installer agrees to not solicit for employment or other professional services, any Roof Maxx employee, officer, agent, affiliate, Authorized Installer, or other personnel, during the term of this Agreement,  or for a period of three (3) years after the termination thereof. Nothing in this paragraph limits the other provisions of 3.10 herein.

6. Marketing:

Authorized Installer acknowledges and understands that under no circumstance are they allowed to market or advertise Roof Maxx, including but not limited to social media, print media, mass media (television, radio), internet TV, door hangers, yard signs, vehicle decals, etc. Authorized Installer may, however, upsell to their existing customers, only.

7. Warranties:

(a) Warranty:

(i) RMT will provide to the Authorized Installer’s customer, a 5-year Product Warranty from the date of Product application. This warranty is address-specific and transferable without any additional approval or forms.
(ii) Warranty information MUST be entered for every completed treatment application.
(iii) RMT will supply Authorized Installer with product credit equivalent to the amount used on the project on a prorated basis. Any job not entered or completed in the Lead  Management and Production Software Platform is not eligible for this product credit.
(iv) Authorized Installer shall not state or otherwise imply that Product application carries any  “leak-free” or “leak-proof” guarantee. In no event shall RMT be liable for any of the Authorized Installer’s customer’s leaks or other damage caused by the customer’s roof-related deficiencies.
(v) Any warranty for the Products shall run directly from RMT to the Authorized Installer’s customer’s (or property owner’s) property. Pursuant to any such warranty, the customer (or property owner) shall contact RMT directly to make arrangements for replacement or reapplication of any allegedly defective Product. Authorized Installer will immediately notify RMT of any warranty claim it receives.
(vi) RMT shall have sole authority to deal with the customer (property owner)  regarding any such warrantable replacement/reapplication. Upon receipt of any such warrantable claim, RMT will contact the Authorized Installer to arrange for credit  (prorated) for the defective Product consistent with the above. The decision for the determination of defect and replacement or credit for these products shall be solely at the RMT’s discretion.

(b) Disclaimer of Warranties:
(i)  Except as expressly warranted in this agreement, RMT hereby disclaims all warranties,  conditions, and representations express, statutory, and implied, applicable to the Product,  including, but not limited to, any warranty of merchantability or fitness for a particular purpose and free of claims of third parties by way of infringement or the like.

7.1 Trademarks:

The Product may bear certain trade names, trademarks, trade devices,  logos, codes, or other symbols of RMT (the “Trademarks”). RMT hereby grants to Authorized Installer the non exclusive, royalty-free right to use the Trademarks solely for the purpose of carrying out the activities described in this Agreement, provided that Authorized Installer will not be entitled to conduct business under any of the Trademarks or derivatives or variations thereof. All use will inure to the benefit of the RMT and will not vest in Authorized Installer any rights in or to the Trademarks.

8. INDEMNIFICATION 

8.1 General Indemnity:

Each party (Roof Maxx and Authorized Installer) shall indemnify, defend and hold the other harmless from and against any and all claims, actions, damages, demands, liabilities, costs, and expenses,  including reasonable attorney’s fees and expenses, resulting from any act or omission of the acting party or its employees under this Agreement, that causes or results in property damage,  personal injury or death.  

RMT is supplying the Product with the understanding that you, as the Authorized Installer, have the appropriate licenses, training, experience, and insurance to perform application safely and legally. RMT accepts no responsibility in the event any property damage or injury occurs to users,  installers, and Authorized Installer clients or others in regard to the use of our Product.  

In addition, to the full extent detailed above as to actions, damages, etc., RMT also indemnifies Authorized Installer for any claim of violation of United States patents, trademarks, or other proprietary right as to Products, the methods of installation, and other matters related to the product or services covered hereunder. 

8.2 Limitation of Liability:

Neither party shall be liable to the other for lost profits of the business  (except as set forth in Paragraph 3.9 (ii) above), indirect, consequential, or punitive damages,  whether based in contract or tort (including negligence, strict liability, or otherwise), and whether advised of the possibility of such damages. RMT’s liability with respect to the Product shall in no event exceed the amount actually paid by Authorized Installer to RMT. 

The work performed by the Authorized Installer shall be at the risk of the Authorized Installer exclusively. To the fullest extent permitted by law, Authorized Installer shall indemnify, defend (at Authorized Installer’s sole expense) and hold harmless RM, affiliated companies of RM, their parents, joint ventures, representatives,  members, designees, officers, directors, shareholders, employees, agents, successors and assigns  (Indemnified Parties), from and against any and all claims for bodily injury, death or damage to property, demands, damages, actions, causes of action, suits, losses, judgments, obligations, and any liabilities, costs, and expenses (including but not limited to investigative and repair costs,  attorneys’ fees, and costs and consultant fees and costs) (Claims) which arise or are in any way connected with the Work performed, Materials furnished, or Services provided under this  Agreement by Authorized Installer or its agents.  

These indemnity and defense obligations shall apply to any acts or omissions, negligent or willful misconduct of Authorized Installer, its employees, or agents, whether active or passive. Said indemnity and defense obligations shall further apply, whether said claims arise out of the concurrent act, omission, or negligence of the Indemnified Parties, whether active or passive.  Authorized Installer shall not be obligated to indemnify and defend Indemnified Parties for claims found to be due to the sole negligence or willful misconduct of Indemnified Parties. 

Authorized Installer’s indemnification and defense obligations hereunder shall extend to Claims occurring after this Agreement is terminated as well as while in force and shall continue until it is finally adjudicated that any and all actions against the Indemnified Parties for such matters which are indemnified hereunder are fully and finally barred by applicable Laws. 

8.3 Entire Agreement:

This Agreement, together with any attached schedules or addendums,  or other documents incorporated by reference, constitutes the entire Agreement between  Company and Authorized Installer and supersedes all prior agreements or understandings with respect to the subject matter contained herein.  

8.4 Amendments:

These Terms & Conditions shall not be amended, altered, or changed except by a  written agreement signed by the Roof Maxx.

Roof Maxx 5 Star Transferable Warranty

Five Year Transferable Warranty

With our five-year, transferable warranty, you’ll enjoy the peace of mind that your roof and entire home are protected.