Terms of Service

Agreement Between User and Blackhawk Roofing

The following terms and conditions govern all use of the Blackhawk Roofing website and all content, services, and products available at or through the website (taken together, the Website). The Website is owned and operated by Blackhawk Roofing. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Blackhawk Roofing Privacy Policy), and procedures that may be published from time to time on this Site by Blackhawk Roofing (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, you may not access the Website or use any services. If these terms and conditions are considered an offer by Blackhawk Roofing, acceptance is expressly limited to these terms. The Website is available only to individuals at least 13 years old.

1. Your Blackhawk Roofing Account and Site

If you create a blog/post on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog misleadingly or unlawfully, including in a manner intended to trade on the name or reputation of others, and Blackhawk Roofing may change or remove any description or keyword that it considers inappropriate or, unlawful, or otherwise likely to cause Blackhawk Roofing liability. You must immediately notify Blackhawk Roofing of unauthorized use of your blog, account, or other security breaches. Blackhawk Roofing will not be liable for any acts or omissions by You, including any damages incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available using the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
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• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content and have done all things necessary to pass through to end users any required terms successfully;
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• the Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
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• the content is not spam, is not machine- or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites, boost the search engine rankings of third-party sites, or further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing);
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• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
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• your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
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• your blog is not named in a manner that misleads your readers into thinking you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or a company other than your own, and
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• in the case of Content that includes computer code, you have accurately categorized and/or described the materials’ type, nature, uses, and effects, whether requested by Blackhawk Roofing or otherwise.

By submitting Content to Blackhawk Roofing for inclusion on our Website, you grant Blackhawk Roofing a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely to display, distribute, and promote your blog. If you wish for us to delete content, Blackhawk Roofing will make reasonable efforts to remove it from the Website. Still, you acknowledge that caching or references to the Content may not be immediately unavailable.

Without limiting any of those representations or warranties, Blackhawk Roofing has the right (though not the obligation) to, in Blackhawk Roofing’s sole discretion, (i) refuse or remove any content that, in Blackhawk Roofing’s reasonable opinion, violates any Blackhawk Roofing policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Blackhawk Roofing sole discretion. Blackhawk Roofing will not be obligated to refund any amounts previously paid.
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3. Payment and Renewal

• General Terms. By selecting a product or service, you agree to pay Blackhawk Roofing the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade, and the use of that service will be covered for a monthly or annual subscription period as indicated. Payments are not refundable.
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• Automatic Renewal. Unless you notify Blackhawk Roofing before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew. You authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled anytime by submitting your request to Blackhawk Roofing in writing.

4. Services

• Fees and Payment. By signing up for a Services account, you agree to pay Blackhawk Roofing the applicable setup and recurring fees. Applicable fees will be invoiced from the day your services are established and before you use such services. Blackhawk Roofing reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time on thirty (30) days’ written notice to Blackhawk Roofing.
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• Support. If your service includes access to priority email support. “Email support” means requesting technical assistance by email at any time (with reasonable efforts by Blackhawk Roofing to respond within one business day). “Priority” means that support takes priority over support for standard or free Blackhawk Roofing services users. All support will be provided by Blackhawk Roofing’s standard service practices, procedures, and policies.

5. Responsibility of Website Visitors

Blackhawk Roofing has not reviewed, and cannot review, all of the material, including computer software, posted to the Website and cannot, therefore, be responsible for that material’s content, use, or effects. By operating the Website, Blackhawk Roofing does not represent or imply that it endorses the material it posted or believes such material to be accurate, sound, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. Blackhawk Roofing disclaims any responsibility for any harm resulting from the use by visitors of the Website or from any downloading by those visitors of content there posted.

5. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which Blackhawk Roofing links and that link to Blackhawk Roofing. Blackhawk Roofing has no control over those non-Blackhawk Roofing websites and web pages and is not responsible for their contents or use. By linking to a non-Blackhawk Roofing website or web page, Blackhawk Roofing does not represent or imply that it endorses such website or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Blackhawk Roofing disclaims any responsibility for any harm resulting from your use of non-Blackhawk Roofing websites and web pages.

6. Copyright Infringement and DMCA Policy

As Blackhawk Roofing asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Blackhawk Roofing violates your copyright, you are encouraged to notify Blackhawk Roofing in accordance with the Digital Millennium Copyright Act (“DMCA”) Policy. Blackhawk Roofing will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. Blackhawk Roofing will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Blackhawk Roofing or others. In the case of such termination, Blackhawk Roofing will have no obligation to provide a refund of any amounts previously paid to Blackhawk Roofing.

7. Intellectual Property

This Agreement does not transfer from Blackhawk Roofing to you any Blackhawk Roofing or third-party intellectual property, and all rights, titles, and interest in and to such property will remain (as between the parties) solely with Blackhawk Roofing. Blackhawk Roofing, the Blackhawk Roofing logo, and all other trademarks, service marks, graphics, and logos used in connection with Blackhawk Roofing or the Website are trademarks or registered trademarks of Blackhawk Roofing or Blackhawk Roofing licensors. Other trademarks, service marks, graphics, and logos used with the Website may be the trademarks of other third parties. Using the Website grants you no right or license to reproduce or otherwise use any Blackhawk Roofing or third-party trademarks.

8. Advertisements

Blackhawk Roofing reserves the right to display advertisements on your blog unless you have purchased an ad-free account.

9. Attribution

Blackhawk Roofing reserves the right to display attribution links such as theme author, and font attribution in your blog footer or toolbar.
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10. Partner Products

By activating a partner product (e.g., theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

11. Changes

Blackhawk Roofing reserves the right to modify or replace any part of this Agreement at its sole discretion. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website after posting any changes to this Agreement constitutes acceptance of those changes. Blackhawk Roofing may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

12. Termination

Blackhawk Roofing may terminate your access to all or any part of the Website immediately, with or without cause, with or without notice. If you wish to terminate this Agreement or your Blackhawk Roofing account (if you have one), you may discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Blackhawk Roofing if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Blackhawk Roofing notice to you thereof; provided that, Blackhawk Roofing can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Disclaimer of Warranties

The Website is provided “as is.” Blackhawk Roofing and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Blackhawk Roofing nor its suppliers and licensors makes any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your discretion and risk.

14. Limitation of Liability

In no event will Blackhawk Roofing, or its suppliers or licensors, be liable concerning any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Blackhawk Roofing under this agreement during the twelve (12) month period before the cause of action. Blackhawk Roofing shall have no liability for any failure or delay due to matters beyond their control. The foregoing shall not apply to the extent prohibited by applicable law.

15. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Blackhawk Roofing Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

16. Indemnification

You agree to indemnify and hold harmless Blackhawk Roofing, its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

17. Miscellaneous

This Agreement constitutes the entire agreement between Blackhawk Roofing and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Blackhawk Roofing or by the posting by Blackhawk Roofing of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Illinois, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Springfield, Illinois. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled by the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed by such Rules.

The arbitration shall take place in the English language in Springfield, Illinois, and the arbitral decision may be enforced in any court. In any action or proceeding to enforce this Agreement, the prevailing party shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Blackhawk Roofing may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.