Terms & Conditions

Last Updated November 1, 2013

The conditions and terms stated herein (collectively, the "Agreement") constitute a legal agreement between you and TechBuild LLC, a California Limited Liability Company Doing Business As “Roost” (herein the "Company"). In order to use the Service and the associated Software you must agree to the Conditions and Terms below. By using or receiving any services supplied to you by the Company (collectively, the "Service"), and downloading, installing or using any associated software supplied by the Company, which purpose is to enable you to use the Service (collectively, the "Software), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to the Agreement as published from time to at http://www.roosthomeservices.com or through the Service.

The Company reserves the right, in its sole discretion, to update, modify, or change the Conditions and Terms of this Agreement, and policies related to the Service or Software. The company will provide you with notice of the changes, as it deems necessary, and in a manner as it deems appropriate. It is your responsibility to regularly review this agreement, and the associated Terms & Conditions. Your continued use of the Software and Service constitute your acceptance of the modifications of the terms and conditions of this agreement. If you require additional information about these Conditions & Terms, or if you have any questions about these Conditions and Terms, please contact the Company at support@roosthomeservices.com

THE COMPANY DOES NOT PROVIDE HOME SERVICES, AND THE COMPANY IS NOT A HOME SERVICE PROVIDER. IT IS UP TO THE THIRD PARTY HOME SERVICE PROVIDER TO OFFER HOMES SERVICES, WHICH MAY BE SCHEDULED THROUGH USE OF THE SOFTWARE OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY HOME SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE HOME SERVICES OR ACT IN ANY WAY AS A HOME SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY HOME SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.

Company only provides a venue

The Software and / or Service are a communication platform that facilitates the connection of people seeking to obtain Home Services, and people seeking to provide Home Services. The Company may check the backgrounds of third-party home service providers, using independent, third-party background check services, but the company does not warrant or guarantee, and expressly makes no representations, and does not seek to make representations or guarantees, regarding the suitability, reliability, or quality of the third-party home service providers. Furthermore, the Company does not assume any responsibility for the accuracy or reliability of the information obtained through the background checks, or any information provided through the Software or Service. The Company does not have control over the timing, quality, or legality of services provided by third-party home service providers.

When interacting with third-party service providers, users should use common sense and caution, to protect their personal property and personal safety, as you would when interacting with other persons whom you do not know. NEITHER COMPANY NOR ITS AFFILIATES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SOFTWARE AND / OR SERVICE, OR OF ANY THIRD-PARTY SERVICE PROVIDER. THE COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INJURY, CLAIM, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SOFTWARE AND / OR SERVICE.

Representations and Warranties

By using the Software or Services, you promise the Company that you have the legal rights to enter into this agreement and to use the Software or Service, and to abide by the terms and conditions of this agreement. By using the Software or Service, you represent, warrant, and promise that you are at least 18 years of age. Additionally, you promise that your activities with the Company won’t violate anyone else’s rights. You also agree to comply with all applicable laws and regulations, and you agree to only use the Software or Service for lawful purposes.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge and agree that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account. The Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. You may only access the Software or Services using an authorized means.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Software and Service, strictly in accordance with the Terms & Conditions of this Agreement, and solely for your own personal, non-commercial purposes. As a condition of your use of the Software or Service, you warrant to the Company that you will not use the Software or Services for any purpose that is unlawful or prohibited by this Agreement. You may not use the Software or Service in any manner which could damage, disable, overburden, or impair the Software or Service or interfere with any other party's use and enjoyment of the Software or Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Software or Service. You shall not launch an automated program or script against or upon the Software or Service, including, but not limited to web spiders, web scrapers, web robots, web ants, etc.

All content included as part of the Software or Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Software or Service, is the property of the Company or its partners, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Software or Service. The Company’s content is not for resale. Your use of the Software or Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and / or the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms. The Company and its licensors expressly reserve all rights not granted to you.

Payment Terms

The Company may charge you fees for use of the Software or Service. These fees are due immediately and are non-refundable, except at the company’s discretion. The Company reserves the right to set and adjust pricing, at its sole discretion. The Company may make promotional offers to different clients at different times. These offers may offer different pricing and different features to different customers at different times. These promotional offers shall have no bearing on your contract with the Company, unless they are expressly made to you.

Third Party Interactions / Third Party Services / Links to Third Party Sites

While using the Software and Service, you may enter into communication with, and purchase services from, third-party home service providers. All such activity, and any terms, conditions, agreements, representations or warranties related to such activity, is solely between you and the related third-party. The Company shall have no liability or responsibility for any communications, transactions, agreements, or contracts between you and the related third-party.

The Software or Service may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Company of the site or any association with its operators. However, you understand that some third-party service providers may require you to agree to additional terms and conditions, which may be different than the Company’s terms & conditions, prior to using or accessing their services, and you further understand and agree that the Company has no responsibility or liability arising out of such agreements or contracts between you and third-party service providers.

Indemnification

By entering into this Agreement and using the Software or Service, you agree to indemnify, defend and hold The Company, its officers, directors, employees, agents, independent contractors, and third parties, harmless from and against any and all claims, losses, costs, liabilities, expenses, and attorney fees, relating to or arising out of your use, misuse, or inability to use the Software or Service, any violation, by you, of any terms of this Agreement, and any violation, by you, of any rights of a third party, including providers of Home Services arranged through the Software or Service, and any violation, by you, of any applicable laws, regulations, or rules.

WARRANTY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SOFTWARE OR SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY DOES NOT GUARANTEE THE ACCURACY OR RELIABILITY OF THE DATA WITHIN THE SOFTWARE OR SERVICE, OR THAT ANY ERRORS OR DEFECTS WITHIN THE SOFTWARE OR SERVICE WILL BE CORRECTED. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME, AT ITS SOLE DISCRETION, BUT NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO OBLIGATE THE COMPANY TO MAKE SUCH IMPROVEMENTS AND / OR CHANGES. THE SOFTWARE OR SERVICE MAY BE SUBJECT TO DELAYS, RESTRICTIONS, LIMITATIONS, AND OTHER PROBLEMS INHERENT WITH THE USE OF THE INTERNET AND RELATED NETWORKS AND COMMUNCATION SYSTEMS. THE COMPANY IS NOT, AND WILL NOT BE, RESPONSIBLE FOR THESE DELAYS AND/ OR ANY SUCH DAMAGES RESULTING FROM THESE DELAYS AND FAILURES.

THE COMPANY MAKES NO REPRESENTATIONS, GUARANTEE, OR WARRANTY AS TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SOFTWARE OR SERVICE AND / OR THE INFORMATION OR DATA WITHIN THE SOFTWARE OR SERVICE. THE COMPANY DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT THE USE OF THE SOFTWARE OR SERVICE WILL BE TIMELY OR SECURE, OR THAT THE SOFTWARE OR SERVICE WILL OPEARTE WITHOUT ERROR, OR WILL OPERATE PROPERLY IN COMBINATION WITH ANY HARDWARE OR SOFTWARE SYSTEM. ADDTIONALLY, THE COMPANY DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT SERVICES OFFERED AND / OR ORDERED THROUGH THE SOFTWARE OR SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. THE SOFTWARE AND SERVICE ARE PROVIDED TO YOU ON AN AS-IS BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMES ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, (WETHER EXPRESS OR IMPLIED, AND WHETHER STATUTORY OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANABILITY, FITNESS FOR A PATICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT THE COMPANY IS ONLY WILLING TO OFFER THE SOFTWARE AND SERVICE TO YOU, IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE TO NOT HOLD THE COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' EMPLOYEES, AGENTS, DIRECTORS, OR OFFICERS, LIABLE FOR ANY SUITS, DAMAGE, AND / OR CLAIMS (HEREIN COLLECTIVELY REFERRED TO AS, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY'S USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OF THE SOFTWARE OR SERVICE, OR ANY THIRD PARTY SERVICE PROVIDER (INCLUDING WITHOUT LIMITATION HARASSMENT THAT IS SEXUAL OR OTHERWISE, STALKING, ACTS OR THREATS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER OF THE SOFTWARE OR SERVICE OR THIRD-PARTY SERVICE PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR SERVICE, WITH THE DELAY OR INABILITY TO USE THE SOFTWARE OR SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SOFTWARE OR SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE OR SERVICE, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

THROUGH USE OF THE SOFTWARE OR SERVICE, THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY HOME SERVICE PROVIDERS FOR PURPOSES OF FURNISHING YOU WITH HOME SERVICES. ALTHOUGH THE COMPANY MAY PERFORM BACKGROUND CHECKS FOR THESE THIRDPARTY SERVICE PROVIDERS, AND MAY, WHEN NECESSARY, REVIEW OTHER BACKGROUND INFORMATION ON THESE SERVICE PROVIDERS, THE COMPANY DOES NOT GUARANTEE THE ACCURACY OF THESE BACKGROUND CHECKS. THE COMPANY EXPRESSELY STATES THAT IT DOES NOT, AND WILL NOT, ASSES THE GENERAL SUITABLILITY, LEGALITY, OR ABILITY OF THE THIRDPARTY SERVICE PROVIDER. FURTHERMORE, THE QUALITY OF THE SERVICE PROVIDED BY THE THIRD PARTY SERVICE PROVIDER IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY SERVICE PROVIDER, WHO ULTIMATELY PROVIDES THE HOME SERVICES TO YOU. THEREFORE, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE AND / OR SERVICE IS ENTIRELY AT YOUR OWN RISK. FURTHERMORE, YOU HEREBY EXPRESSELY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY RELATED TO, OR ARISING FROM, THE THIRD PARTY SERVICE PROVIDERS.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

Dispute Resolution

INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Company. Company's address for such notices is 1931 H Street, Sacramento, California 95811.

BINDING ARBITRATION. If you and Company are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Software and / or Service (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed $10,000, Company will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in San Francisco County, California with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights.

WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Company agree that any arbitration will be limited to the Dispute between Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" Section will be deemed null and void.

LOCATION OF ARBITRATION. Arbitration will take place in Sacramento County, California. You and Company agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the California state and Federal courts located in Sacramento, California have exclusive jurisdiction and you and Company agree to submit to the personal jurisdiction of such courts.

Assignment

You may not assign this Agreement without the prior written approval of the Company.

No Agency

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

General

The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Company, its successors and assigns.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Software / Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Software / Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Company reserves the right, at its sole discretion, to modify, change, supplement, augment, and / or delete any of the conditions and terms of this Agreement (including the Privacy Policy) and modify or discontinue, temporarily or permanently, the Software or Service or any content or information through the Software or Service at any time, effective with or without prior notice and without any liability to Company. The most current version of this agreement will supersede any previous versions of this agreement. The company encourages you to periodically review this agreement to stay informed regarding any changes, modification, updates, or cancellations. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Software or Service. Your continued use of the Service following any revision to this Agreement constitutes your acceptance of any and all such changes.

I HEREBY ACKNOWLEDGE THAT I HAVE REVIEWED, READ AND UNDERSTAND THE FOREGOING TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICY AND AGREE THAT MY USE OF THE SOFTWARE OR SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.