Overview
The terms “we,” “us,” and “our” refer to Noto Roofing. The term “Site” refers to notoroofing.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and other site users.
The term “service” refers to build projects, tutorials, advice, downloads, digital products, or other services.
Use of notoroofing.com, including all materials presented and services provided by Noto Roofing, is subject to these Terms and Conditions. By using the Site or Service, you agree to these terms without modification.
Use of This Site and Service
To access or use the Site, you must be at least 13 years old and have the authority to enter into these Terms and Conditions. Children under 13 are prohibited from using the Site.
Information on the Site or in the Service may change. Noto Roofing does not warrant that content is accurate, complete, reliable, current, or error-free and disclaims liability for inaccuracies and omissions.
Account Creation
To use certain services, you may need to provide personal information including name, email, username, password, and other details. You agree the information is accurate, current, and your own.
You must not impersonate others or use another person's account details. Accounts must not be used for illegal or unauthorized purposes, and you must comply with applicable laws.
Lawful Use
You may use the Site and Service only for lawful purposes.
- You are financially responsible for purchases made by you or on your behalf through the Site.
- You agree to use the Site and purchase services/products only for legitimate, non-commercial purposes.
- You must not post or transmit materials that violate others' rights or that are threatening, abusive, defamatory, obscene, unlawful, or otherwise objectionable.
Refusal of Service and Product Description
Services are offered subject to acceptance of your order or request. We may refuse service to any order, person, or entity without obligation to provide a reason.
No project is accepted until payment is processed. We may change or discontinue Site or Service features while honoring accepted responsibilities.
We strive to describe services accurately but do not guarantee all details are current or error-free. We may correct pricing/description errors and may refuse or cancel incorrectly priced orders.
Materials Submitted and Intellectual Property
You must not upload or submit materials protected by copyright, trademark, or proprietary rights without express written permission from the rights owner.
You are responsible for damages arising from infringement claims tied to submitted materials. By submitting materials, you represent that you have authority to use/distribute them and that their use does not violate laws or third-party rights.
We claim no intellectual property ownership over materials you supply to Noto Roofing. You retain your rights and agree to hold Noto Roofing harmless from claims tied to your submitted content.
By posting material on the Site, you grant Noto Roofing a worldwide, nonexclusive, irrevocable license to use it for promotional, business development, and marketing purposes.
The Site and Service also contain Noto Roofing intellectual property (including trademarks, copyrights, photos, blueprints, and proprietary content). You may not exploit this content without prior written consent. Violations may result in immediate removal from the Service without refund.
Changed Terms and Limitation of Liability
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments.
We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service.
Additionally, Noto Roofing is not liable for damages in connection with: (I) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line/system failure; (II) loss of revenue, anticipated profits, business, savings, goodwill, or data; and (III) third-party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property.
The foregoing applies regardless of negligence, gross negligence, failure of an essential purpose, and whether liability arises in negligence, contract, tort, or other legal theory, even if Noto Roofing has been advised of potential damages. In states that do not allow exclusion/limitation of liability, our liability is limited to the fullest extent permitted by law.
In no event shall Noto Roofing's cumulative liability exceed the total purchase price of the service you purchased. If no purchase was made, cumulative liability shall not exceed $100.
Third-Party Resources and Indemnification
The Site and Service may contain links to third-party resources. Noto Roofing is not responsible for their availability, accuracy, content, or policies. Use of third-party resources is at your own risk.
You agree to indemnify and hold Noto Roofing harmless from losses, liabilities, and claims (including attorney fees) resulting from your breach of these terms or your use of the Site or Service.
Legal Provisions
Effect of Headings
The subject headings of paragraphs and subparagraphs are included for convenience only and do not affect the construction or interpretation of any provision.
Entire Agreement; Waiver
This Agreement is the entire agreement between you and Noto Roofing regarding the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings.
No waiver by Noto Roofing of any provision is deemed a waiver of any other provision, whether similar or not. No waiver is binding unless executed in writing by Noto Roofing.
Governing Law; Venue; Mediation
This Agreement is governed by the laws of the State of Alabama as applied to contracts executed and performed entirely in Alabama.
The exclusive venue for arbitration or court proceedings based on or arising out of this Agreement shall be , Alabama. The parties agree to attempt to resolve disputes by mediation under then-current CPR Institute mediation procedures (or another agreed procedure) as a condition precedent to other legal or equitable remedies.
Recovery of Litigation Expenses
If legal action, arbitration, or other proceedings are brought to enforce this Agreement or due to alleged dispute, breach, default, or misrepresentation, the prevailing party is entitled to recover reasonable attorney fees and other incurred costs, in addition to other available relief.
Severability
If any term or provision is held invalid, void, or unenforceable by a competent arbitrator or court, the remainder of the Agreement remains in full force and effect.
Assignment
These Terms and Conditions bind and inure to the benefit of the parties' successors and assigns. These terms are not assignable, delegable, sub-licenseable, or otherwise transferable by you. Any such transfer by you is invalid.
Updated: June 2023