Welcome to the website for Progressive Roofing, a subsidiary of TopBuild Corp. (the “Company”, “we”, “us”, or “our”). By accessing or using our website located at www.progressiveroofing.us (the “Site”), you agree to be bound by these Terms of Use (the “Terms”). If you do not agree to these Terms, you may not use this Site.

1. INTELLECTUAL PROPERTY

All content on the Site, including text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations, and other information (collectively, the “Content”), is the property of Progressive Roofing or our licensors, and is protected by U.S. and international copyright, trademark, patent, and other proprietary rights and laws. You may not reproduce, modify, lease, loan, sell, distribute, or create derivative works based on any part of the Site or its Content without our prior written consent.

2. PERMITTED & PROHIBITED USES

Subject to your compliance with these Terms, and solely for so long as you are permitted to access the Site, you may view and make one electronic or paper copy of the information posted on any screen of this Site for your personal, informational, non-commercial use, provided you:

• keep all copyright and other proprietary notices intact;
• do not modify the Content or use it in a way that suggests any association with our products, services or brands;
• do not download quantities of the Content to a database to avoid future downloads from the Site.

You may not:

• reproduce, copy, upload, post, transmit, display, sell, resell or otherwise exploit any materials or design elements of the Site for commercial purposes without our prior written consent;
• modify, adapt, sublicense, translate, reverse engineer or disassemble any software or any portion of the Site;
• violate or attempt to violate the security of the Site;
• restrict or inhibit any other user from using the Site, including by “hacking” or defacing any portion of the Site;
• use the Site or Content for any fraudulent or unlawful purpose;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;
• transmit any content that is unlawful, harassing, abusive, defamatory, obscene, or otherwise objectionable, or that infringes any third-party rights;
• use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data-mine” or circumvent the navigational structure or presentation of the Site;
• remove any copyright, trademark or other proprietary rights notices contained in the Site or Content;
• “frame” or “mirror” any part of the Site without our prior written authorization;
• use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.

Your use of the Site is conditioned on your compliance with these rules of conduct; failure to comply may result in termination of your access.

3. REGISTRATION

If you are required to register to access certain areas of the Site, you agree that you will not use a user name (or e-mail) that is already in use, is offensive, that impersonates someone else, or otherwise violates someone’s rights. Your password and user name are for your personal use only; you must notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage from your failure to comply with these obligations.

4. FORUMS & PUBLIC COMMUNICATION 

If the Site allows user-submitted content (e.g., forums, message boards, chats), you understand that any information you disclose may be publicly available. By posting or submitting materials, you grant Progressive Roofing a perpetual, royalty-free, worldwide, transferable, sublicensable right to use, display, perform, adapt, transmit and distribute your content in any media now known or later developed. You represent that you own the rights to what you submit and that it does not violate any law or third-party right.

We reserve the right (but are not obligated) to monitor, edit or remove any content in forums in our sole discretion. We cannot guarantee the identity or reliability of other participants and are not responsible for their posts.

5. MAKING PURCHASES

If you purchase products and/or services through the Site, you represent that you have the legal right to use the payment method provided and you agree to the terms of payment and to pay all charges incurred. You authorize us to provide such payment information to third parties as necessary to complete your purchase. You also agree to provide accurate, current and complete information. Price and availability are subject to change without notice. We reserve the right to refuse or limit any orders, including shipping or geographic restrictions.

6. DISCLAIMER OF WARRANTIES

The Site, Content and any services or software made available through the Site are provided on an “AS IS” and “AS AVAILABLE” basis. Progressive Roofing makes no warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that use of the Site will be uninterrupted, error-free or secure, that defects will be corrected, or that the Site is free of viruses or other harmful components. Access to this Site from locations where the Content may be illegal is prohibited and you are responsible for compliance with applicable local laws. You are also responsible for taking all necessary precautions to assure that any material you obtain from this Site is free from computer viruses, worms, Trojan horses or other destructive devices. You assume all risk for your use of the Site.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE OR CONTENT (INCLUDING ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE), INCLUDING, WITHOUT LIMITATION, (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE CONTENT, (IV) WARRANTIES RELATING TO THE OPERATION OF THE SITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS), (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY, AND (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. PROGRESSIVE ROOFING AND ITS AFFILIATES, and their respective LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, employees, officers, directors, shareholders, representatives, service providers AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF PROGRESSIVE ROOFING OR ITS AFFILIATES, OR their respective LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, employees, officers, directors, shareholders, representatives, service providers, AGENTS, MEMBERS OR VISITORS SHALL CREATE ANY WARRANTY.

A possibility exists that the Site or Content could include inaccuracies or errors, or information or materials that violate these Terms of Use (specifically, the rules of conduct set forth in the “Permitted and Prohibited Uses” section above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Content. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us per our contact information below and include, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.

7. LIMITATION OF LIABILITY 

NEITHER PROGRESSIVE ROOFING NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, employees, officers, directors, shareholders, representatives, service providers, consultants OR AGENTS, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR CONTENT OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR CONTENT IS TO STOP USING THE SITE OR CONTENT, AS APPLICABLE. THE MAXIMUM LIABILITY OF PROGRESSIVE ROOFING AND ITS AFFILIATES, and their respective LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, employees, officers, directors, shareholders, representatives, service providers AND AGENTS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. GOVERNING LAW & VENUE

These Terms will be governed by and construed in accordance with the laws of the State of Florida and the United States of America, without reference to any choice of law rules under Florida law. You agree that any action at law or in equity arising out of or relating to these Terms or relating your use of the Site will be filed only in the state or federal courts located in Volusia County, Florida and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and to waive any jurisdictional, venue or inconvenient forum objections to such courts.

9. TERMINATION

These Terms remain in effect until terminated. We may, in our sole discretion, terminate or suspend your access to the Site at any time and for any reason, without notice. Upon termination, your right to use the Site will immediately cease. Sections 1 (Intellectual Property), 4 (Forums and Public Communication), 6 (Disclaimer of Warranties), 7 (Limitation of Liability) and 8 (Governing Law and Venue) will survive termination.

10. VIOLATIONS

We reserve the right to seek all available remedies under law and in equity for any violations of these Terms, including suspension or blocking of your access to the Site. Failure by us to enforce any provision of these Terms does not constitute a waiver of our right to enforce it later. You agree to defend, indemnify and hold harmless Progressive Roofing and its affiliates, and their respective employees, officers, directors, shareholders, representatives, service providers and agents from and against any and all claims, liabilities, damages, losses and expenses (including attorneys’ fees) arising directly or indirectly from (i) your violation of these Terms, (ii) your submission or transmission of content to the Site or (iii) your use of the Site.

11.  CALIFORNIA USERS

Under California Civil Code Section 1789.3, residents of California who use the Site are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210, or online at https://www.dca.ca.gov/about_us/contactus.shtml.

12.  CLAIMS OF CPOYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Progressive Roofing infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Progressive Roofing  to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/dmca/ for details. Notices with respect to the Site should be sent to info@topbuild.com. We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

13. FILTERING

Parents and guardians may use commercially available hardware, software or filtering services to limit access to material that might be harmful to minors. Progressive Roofing does not endorse or guarantee any particular product or service for this purpose.

14. ABILITY TO AGREE TO THESE TERMS

By using the Site, you affirm that you are of legal age to enter into these Terms or that you have obtained parental or guardian consent.

15.  MISCELLANEOUS

These Terms (and any additional terms posted on this Site) constitute the entire agreement between you and Progressive Roofing regarding your use of the Site and supersede all prior agreements or understandings. If any provision is invalid or unenforceable under applicable law, the remaining provisions will remain in full force and effect. These Terms do not create any partnership, joint venture, employer-employee or agency relationship between you and Progressive Roofing. You may not assign your rights or obligations under these Terms without our prior written consent; we may assign or transfer ours without restriction. Notices to you may be made via posting on the Site, e-mail or postal mail, at our discretion. The printed version of these electronically posted Terms are admissible in proceedings to the same extent as other business records.

CONTACT US

If you have any questions or comments about these Terms, please contact us at:

Progressive Roofing
c/o TopBuild Corp.
475 N. Williamson Blvd.
Daytona Beach, FL 32114
Phone: (386) 304-2200
info@topbuild.com