Terms of Service

1) Acceptance of These Terms

By accessing, browsing, or using the Site, submitting information through forms, requesting a quote, communicating with us, or otherwise using the Services, you confirm that you have read, understood, and agree to these Terms. If you are using the Site on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” includes the entity.

We may update these Terms from time to time. If we make changes, we will revise the “Effective Date” above and may post additional notices on the Site. Your continued use after changes become effective constitutes acceptance of the updated Terms.

2) Eligibility; 18+ Use Only

The Site and Services are intended for individuals who are at least 18 years old. By using the Site, you represent and warrant that you are 18 or older and that you have the legal capacity to enter into these Terms.

If you are a parent or guardian and believe a minor has used the Site, contact us using the information in the “Contact” section below.

3) Scope of Services; We Are Not a Roofing Contractor

Whempify Marketing LLC provides marketing services and lead generation. We may operate websites, landing pages, advertisements, intake forms, tracking systems, routing logic, and communications workflows to generate and deliver consumer inquiries (“Leads”) to participating contractors.

We are not a roofing contractor, do not perform roofing work, and do not provide roofing inspections, repairs, replacements, construction services, engineering services, or professional trade services. Contractors are independent businesses and are solely responsible for licensing, insurance, bonding, permits, safety, estimates, contracts, pricing, workmanship, warranties, and compliance with all applicable laws and regulations.

Homeowners and consumers must use their own judgment and due diligence when selecting any contractor. We do not control how contractors perform services or interact with consumers after receipt of a Lead.

4) No Guarantees; No Promises of Results

Lead generation and marketing outcomes depend on many factors, including seasonality, local market conditions, consumer demand, competition, advertising platform policies, budgets, service area definitions, lead qualification criteria, response times, contractor sales practices, pricing, reputation, and availability. Because these factors vary, we do not guarantee any specific results.

Without limiting the foregoing, we do not guarantee: (a) a particular number of Leads; (b) lead quality as measured by conversion, revenue, profit, or job awards; (c) consumer responsiveness; (d) the accuracy or completeness of information submitted by a consumer; (e) contractor close rates; or (f) that any Lead will result in an estimate, contract, or completed job.

Any examples, illustrations, or statements about “growth,” “profit,” “ROI,” or “results” are general in nature and may reflect aspirational outcomes, not a promise or guarantee. You acknowledge that your results may differ.

5) User Submissions, Forms, and Communications

The Site may allow you to submit information through forms, chat widgets, email links, or other channels (collectively, “Submissions”). You agree that all Submissions you provide are accurate, current, and complete to the best of your knowledge, and you will not submit false, misleading, or fraudulent information.

If you are a consumer requesting contractor information, you understand that your Submission may be shared with a contractor for the purpose of follow-up. If you are a contractor, you understand that your Submission may be used to evaluate fit, configure routing rules, facilitate billing, and communicate about lead delivery and service changes.

You consent to receive communications from us and/or contractors in response to your inquiry. Communication methods may include phone, email, and text message, subject to your preferences and applicable law. Standard messaging and data rates may apply.

6) Acceptable Use; Prohibited Conduct

You agree to use the Site and Services only for lawful purposes and in accordance with these Terms. You will not:

• Use the Site in any way that violates applicable federal, state, or local laws or regulations, including applicable Virginia law.
• Submit false, misleading, or fraudulent information, including impersonating another person or misrepresenting your identity or affiliation.
• Attempt to gain unauthorized access to any portion of the Site, user accounts, systems, networks, or data.
• Interfere with the Site’s operation (including introducing malware, bots, scraping tools, or denial-of-service attacks).
• Copy, reverse engineer, decompile, disassemble, or attempt to derive source code or underlying methods of any part of the Services.
• Use the Site to transmit spam, bulk unsolicited communications, or content that is defamatory, obscene, harassing, or otherwise unlawful.
• Use Leads or consumer data for purposes unrelated to responding to a consumer’s inquiry, unless you have a lawful basis and required consent.

We may investigate and take appropriate action for suspected violations, including restricting access, terminating relationships, or reporting unlawful activity to authorities.

7) Contractors; Independent Businesses; Consumer Due Diligence

Contractors who receive Leads through our Services are independent entities, not employees, agents, joint venturers, or partners of Whempify Marketing LLC. We do not supervise, direct, or control contractors’ work methods, schedules, staffing, pricing, or job performance.

Consumers are responsible for evaluating any contractor, including verifying licensing, insurance, references, reviews, estimates, and contract terms. Contractors are responsible for complying with licensing, advertising, consumer protection, and other legal obligations applicable to their operations.

We may remove or restrict contractor participation at our discretion, including for quality concerns, non-payment under a Contractor Agreement, suspected misconduct, consumer complaints, or legal compliance issues.

8) Pricing, Billing, and Contractor Payment Terms

If you are a contractor purchasing Leads or marketing services, your pricing, invoicing schedule, payment due dates, late fees (if any), service area definitions, routing rules, and any credits or dispute processes are governed by the Contractor Agreement and any applicable statements on invoices or onboarding materials. In case of conflict, the Contractor Agreement controls.

The Site may describe certain billing concepts (such as “pay-as-you-go” or “monthly invoicing”) as general information. Such statements do not replace the Contractor Agreement. We reserve the right to change service offerings, pricing models, or lead delivery processes subject to applicable agreements.

You are responsible for all taxes, fees, and charges applicable to your use of the Services, unless otherwise stated in writing.

9) Intellectual Property; Site Content

The Site and its content, including text, graphics, logos, icons, images, layouts, and software (collectively, “Content”), are owned by Whempify Marketing LLC or its licensors and are protected by intellectual property laws. Except as expressly permitted in writing, you may not copy, reproduce, modify, distribute, publicly display, or create derivative works from the Content.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for its intended purposes, subject to these Terms. This license does not permit resale or commercial exploitation of the Site’s Content without express written permission.

Consent to Contact; Electronic Communications

By submitting any information through this website, including but not limited to contact forms, quote requests, onboarding forms, or other submission methods, you expressly acknowledge and agree that the information you provide is submitted voluntarily and with your consent.

You expressly authorize Whempify Marketing LLC, and where applicable its participating contractors or service partners, to contact you using the information you provided, including by email, telephone call, SMS/text message, or other electronic communication methods, for purposes related to your inquiry, lead delivery, service coordination, follow-up, marketing, or account-related communications.

You understand that such communications may be made using automated systems or prerecorded messages where permitted by applicable law. Message and data rates may apply. Consent to receive communications is not a condition of purchase.

By submitting your information, you represent and warrant that you are the owner of the contact information provided or have authorization to submit it, and that you are at least eighteen (18) years of age.

By submitting information through this website, you further acknowledge that you have read, understood, and agreed to these Terms of Service and the Privacy Policy, which are incorporated herein by reference.

10) Third-Party Services, Links, and Platforms

The Site may reference or link to third-party websites, tools, or services (for example: web hosting, forms, analytics, mapping services, advertising platforms, payment processors, or contractor websites). We do not control third-party services and are not responsible for their content, policies, or practices.

Your use of third-party services may be subject to separate terms and privacy policies. We encourage you to review those policies carefully.

11) Disclaimers

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHEMPIFY MARKETING LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION ON THE SITE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS AT YOUR OWN RISK.

WE DO NOT ENDORSE, GUARANTEE, OR WARRANT ANY CONTRACTOR’S SERVICES, PRICING, OUTCOMES, OR PERFORMANCE. CONTRACTORS ARE INDEPENDENT THIRD PARTIES.

12) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WHEMPIFY MARKETING LLC, ITS OWNERS, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHEMPIFY MARKETING LLC’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR SERVICES SHALL NOT EXCEED (A) THE AMOUNT PAID BY YOU TO WHEMPIFY MARKETING LLC FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS BEFORE THE EVENT THAT GAVE RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100), WHICHEVER IS GREATER, UNLESS A DIFFERENT LIMIT IS REQUIRED BY APPLICABLE LAW OR EXPRESSLY STATED IN A WRITTEN AGREEMENT SIGNED BY BOTH PARTIES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. IN SUCH CASES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13) Indemnification

You agree to defend, indemnify, and hold harmless Whempify Marketing LLC and its affiliates, officers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: