Terms and Conditions

Coverage Overview

LEAKS CAUSED BY

  • Normal wear and tear
  • Missing or damaged: shingles, tiles, or shakes
  • Flat roof cracks, seals & premature failures
  • Broken-open pipe/vent flashing seals
  • Flashings and valleys
  • Underlayment/felt paper

ROOF AREAS COVERED

  • Interior living areas
  • Non-living areas: -Garages, Patios, Eaves, Overhangs
  • Detached structures

ANNUAL MAINTENANCE VISIT

  • Includes preventative service up to $199.00
  • One inspection per initial contract year
  • A review and copy of inspection findings and recommendations
  • Resealing of up to 6 pipes or vent flashings.

SERVICE

  • $1,000 coverage per claim (for diagnosis and repair of roof leaks)
  • $5,000 annual aggregate
  • $75 service fee per TRW claim inspection

TOTAL ROOF WARRANTY™ SERVICE AGREEMENT (Also RoofWarranty™ and Roof Warranty Service Agreement)

Retain this document for proof of ownership. This is a contract for service – NOT a contract of insurance nor a guarantee that your roof will not leak and/or fail.

In this Total Roof Warranty™ Service Agreement (hereinafter referred to as the “Agreement” and/or “RSA”), the terms “we”, “us”, “our” and “Obligor” refer to Roof Rx, Inc. The Obligator of this Agreement shall determine the ultimate condition of the entire Roof System covered by this Agreement at the time of the first service call. The terms “you”, and “your” refer solely to the Owner of this Agreement and to the Owner of Covered Roof System. Obligations under this Agreement are backed solely by the full faith and credit of the Obligor.

1. COVERAGE AND TERM. The Term of this Agreement (“Term”) begins on the Activation Date, subject to Section 7. Subject to the terms and conditions of this Agreement, and during the Term, we will directly provide service on your behalf and cover the repair costs of normal wear-and-tear, including material, and labor performed by our certified technicians, which we shall dispatch and designate as necessary, to maintain your entire roof system in accordance with manufacturer’s specifications as to which you specifically purchased this Agreement to protect (“Covered Roof System”) and as set forth on the reverse side. This service agreement is not a guarantee that your roof will not leak and/or fail. Subject to Sections 5, 6,7, 9 and 10 of this agreement, we will effectuate repair service for Covered Roof System provided that: (i) Cause of failure(s) is not determined to be caused by any items specifically excluded (“Excluded Items”) as set forth on the reverse side, (ii) failure(s) are within the roof area of Covered Property, (iii) failure(s) are not caused by extreme Acts of Nature, and (iv) failure(s) are not determined to be caused by unusual, accidental, or purposeful acts of any person or persons, and (v) Cause of failure(s) are not determined to be caused by any items set forth under section 10 of this agreement.

This service agreement entitles you to a service credit of up to $1,000 per occurrence and $5,000 aggregate towards any repair costs should the Covered System fail and/or leak during the initial Term. The $1,000 and/or $5,000 aggregate credit must be applied to services provided exclusively by Roof Rx and under no circumstances shall we “cash- out” the limits set forth herein.

Any materials and service necessitated by us on Covered System which is then subject to any manufacturer’s and/or original installer’s warranty or manufacturer’s recall will be performed by us in accordance with the procedures and dictates of such manufacturer’s and/or original installer’s warranty or recall. Materials used to repair out of warranty items may be new, refurbished, repaired, or non-original material(s), and, at our option, may be replaced with comparable material(s) which may have a lower selling price than that of the Covered System’s original material. Any manufacturer’s and/or original installer’s warranty period on the Covered System may run simultaneously with the Term (or any portion thereof), however at no time will the Total Price (as is defined on the reverse) you paid for this Agreement include the scope of coverage with such coverage time period that is specifically set forth in such manufacturer’s and/or original installer’s warranty, as those warranties on the Covered System are separate and distinct from this Agreement.

THERE ARE CERTAIN LIMITATIONS TO COVERAGE UNDER THIS AGREEMENT WHICH ARE SET FORTH IN SECTIONS 2, 6, 7, 8, 9, 10, 11, AND 12 BELOW

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2. ELIGIBILITY FOR COVERAGE. You represent that the Covered Roof System listed on the reverse side, its condition, and the information related to “Date Purchased” is correct. This agreement does not apply to Excluded Items on the reverse side, and all covered item(s) and/or service(s) shall be subject to section 9 “Not Covered”. We reserve the right to inspect the Covered System at any time to determine eligibility of new or continued coverage. Unless otherwise approved by us in writing, coverage shall only be extended for repair(s) performed by Roof Rx Certified technicians. Should any conflict of opinion, difference in diagnostic, and/or specification of repair and/ or need for replacement arise between us and any other duly licensed, bona fide Roofing Contractor, then our opinion, diagnostic and/or repair and/or replacement solution shall prevail.

3. TRANSFERABILITY. This Agreement is fully transferable to any subsequent owner of the Covered Roof System, and shall remain subject to the terms and conditions of this Agreement in the event of any Transfer. Term shall be determined on a pro-rate basis and a $75.00 transfer fee shall apply.

4. RENEWALS. This Agreement is renewable, provided We determine the eligibility of the Covered Roof System for another Contract Term. No Party is obligated to renew this Agreement beyond the expiration date. Prices may change upon renewal. You agree that you may be called or written to notify you of renewal options and/or upgrades to this Agreement.

5. REQUESTS FOR SERVICE. Service will be performed exclusively by Roof Rx and during normal business hours only. To request Service on your Covered Roof System, you must refer to your Policy No. (see front page of service agreement) and call 877-676-8687 immediately upon your discovery of a roof leak. Your failure to do so may significantly impact your Eligibility of Coverage. Roof Rx accepts service requests over the telephone during normal business hours and 24 hours a day/7 days a week over the Internet. You must request service from Us prior to the expiration of Coverage as set forth on the reverse side in order to receive equitable service under this Agreement. We will dispatch service to your Covered System within 72 hours of receiving your service request (excluding weekends, holidays and/or during unsafe working conditions) or within a time period which is mutually convenient, whichever is greater. We will determine conditions constituting an Emergency, and we will make commercially reasonable efforts to expedite services; weather permitting. Under no circumstances will we dispatch service during Rain, Hail, Snow, High Wind conditions, or during any other Extreme Act of Nature. We reserve the right to dispatch only Roof Rx Certified technicians and we will not reimburse you for services performed by any other service provider without our prior, written approval.

6. SERVICE FEES AND ADDITIONAL CHARGES. A $75.00 “service fee” will be required for each service call, which shall hereinafter be defined as a Request for Service previously approved by Us (“Occurrence”), irrespective of whether or not Coverage is (in whole or in part) approved, denied, limited, and/or excluded. Should you or your designee not be present at time of scheduled Service Call; should you cancel your Service Call within less than 8 hours’ notice; or should you prohibit and/or refuse roof access to our technician, the Service Fee shall still apply. All Occurrences shall be subject to section 9, and 10 “Not Covered”. Additional charges may be required to Non-Covered items and/or to costs above Limits of Coverage (hereinafter “Additional Charges”). You will be required to pay the greater of the Service Fee or any Additional Charges in order to ensure ongoing and equitable servicing of this Agreement. Should you deny service to any Non-Covered Item and/or any Covered Item which bears a cost above the Limits of Coverage, then any leaks resulting from those items and/or damage created by those items to an otherwise Covered item(s) shall be specifically Excluded from future Coverage. Should State and/or Local permits be required to begin or complete your Service Request, you agree to assume responsibility of those costs and to allow for access of any required inspections. Outstanding payments, permits, and/or required inspections (“Outstanding Items”) will result in a temporary suspension of Coverage until such a time where Outstanding Items are remedied.

7. MAINTENANCE VISIT. Under this Agreement and subject to sections 2, 6, 8, 9,10,11 and 12, your Covered Roof System shall receive one (1) free Maintenance Visit per Agreement Term (“Maintenance”) and scheduled according to availability (or when rooftop is free of any snowpack in areas affected by such weather conditions) and at which time Roof Rx shall activate this service agreement. Maintenance shall include preventative procedures as determined by Us, and shall not include repairs to Excluded Items and/or Not Covered Items and shall be limited to the sealing of broken open pipe and vent flashings for a total retail value of $199. Under no circumstances shall this maintenance visit exceed $199. Maintenance is not a guarantee that your Roof System will not leak and/or fail as a result of Us performing maintenance as other normal wear-and-tear failures may occur at any time after service is performed. By purchasing this RSA, you agree to be contacted to schedule and allow Us access to perform Maintenance. Subject to section 11, failure to respond to us within 30 days of our initial request may result in Termination.

8. UN-REPAIRABLE FAILURES. If we determine that any material of your Covered System is un- repairable (“Non-Reparable Covered Material”) or if the regular retail price for any repair exceeds the per Occurrence Limit of $1,000 (including labor and material) then you may be entitled, at your option, to either (i) a $1,000 credit towards a comparable replacement of your choice; or (ii) you may apply $1,000 to the replacement of your entire roof system (“Re-Roof”) which shall be installed exclusively by Roof Rx. You have 90 days from the date of authorization to select your option; if neither of the two (2) options immediately preceding this sentence are chosen by you, then we may cancel this Agreement and refund the Total Price Paid by you for your current Agreement coverage. Labor, material and replacement item value shall be based solely on the replacement value of the irreparable Covered Material as determined by, approved by, serviced and installed exclusively by Roof Rx and/or Our designee. Replacement materials may be new or refurbished to meet manufacturer warranties and/or Building Code requirements. Additional Charges will apply if reconfiguration of your rooftop is required to accommodate replacement material(s). Technological advancements and replacement material availability may result in a lower retail value for the replacement of your original material. In all cases, product comparability for replacement material will be determined by us at our sole discretion, and repair and/or replacement services shall be performed by Roof Rx.

9. SAFETY AND ACCESSIBILITY. In the event that Roof Rx determines that it cannot service your Covered Roof System due to poor accessibility or unsafe working conditions or that it cannot repair your Covered Roof System to a safe, working condition due to reasons beyond the scope of this Agreement, such as, but not limited to, code violations, improper installations, use, movement, or tampering of Roof System in whole or in part, including structural or mechanical changes made during the Term of this Agreement, then Roof Rx shall not be required to proceed with the covered repair(s) until you remedy the applicable cause.

10. LIMITATIONS OF COVERAGE (that this Agreement DOES NOT COVER):
a. Roof repairs and/or roof system installations not performed by bona fide, licensed Roofing

contractors, prior to the Date of Coverage.

b. Excluded items as stated on the reverse of this Agreement, including pre-existing conditions identified at time of original Home or Roof inspection, and/or during Maintenance Visit

c. Damage to roof and/or leaks caused by conditions other than normal wear-and-tear, including, but not limited to all extreme Acts of Nature such as tornado, lightning, wind, rain, hail, fire, earthquake, etc.

d. Leaks and/or failures occurring from improper previous repairs and/or installations, including such repairs or installations which could not be identified during Our initial visual inspection and/or which required deconstructive analysis in order to determine, including, but not limited to: improper and/or missing metal flashings, felt underlayment and/or decking material; State or local code violations; manufacturer warranty violations and/or installations inconsistent with manufacturer specifications and/or recommendations.

e. Construction, Contractor, and/or Installation defects, improperly installed Valleys, exposed nail heads, leaks occurring from improperly installed roof-mounted installations, persons walking on roof, and/or appliance and/or other system installations performed by you or any other person after the Date of Coverage.

f. Interior, Consequential and/or Secondary Damage to Non-roof specific items, including, but not limited to: interior damage of any kind, interior water intrusion or cost of mitigation, Mold remediation, damage to structural and/or personal items and other property damage; deck rot or repair of wood rot, facia board replacement, wood trim, paint, paint matching; damage to accessories, attachments, non-functional parts, and/or any cosmetic item(s), roof mounted appliances, antennas, etc.

g. Defects or leaks caused or associated with, but not limited to: roof-mounted installations such as solar panels, air conditioners, skylights, roof vents, satellite dishes; accidental damage, abuse, misuse, vandalism, and/or theft.

h. Service required as a result of any alteration of the Covered Roof System or repairs made during the Agreement term which are not authorized by Us, or are made by parties not specifically authorized by Us, such as, but not limited to, in whole or part, of your Covered Roof System that is currently or may be at any time in a disassembled state.

i. Utility requirements, such as telephone, water, gas, electrical or other lines, drains, or ductwork connection to or from any roof mounted appliance. Upgrades and/or servicing of your rooftop beyond normal maintenance, permits, or any additional expenses incurred in order to comply with manufacturer, state, local, or federal requirements or other regulations are your responsibility.

j. Coverage to your Covered System if poor accessibility and/or unsafe working conditions exist.

11. CANCELLATION AND REFUNDS. You may cancel this Agreement at any time for any reason by e-mailing written notice of cancellation to: CustomerCare@RoofRx.com. We may cancel this Agreement if you fail to make payment, fail to provide access for the Maintenance Visit, make a material misrepresentation, or substantially breach your duties under this Agreement, or if we or any of our representatives determine that we cannot service your Covered System(s). We may also cancel this Agreement if we are unable to perform the Maintenance Visit within 30 days of your original purchase date and/or if the Covered System is in need of a complete replacement (Re-roof). We will notify you of any cancellation being made by us for the reasons set forth above in accordance with applicable law and the terms and conditions of this Agreement. If this Agreement is cancelled by you or by us within first 60 days of the Term we will refund 100% of the Total Price you paid for this Agreement. If this Agreement is cancelled thereafter, we will refund the Total Price allocable to the remainder of the Term of this Agreement prorated on a monthly basis. Any refund will be made in the same form as the original payment for this Agreement. If any service has been performed under this Agreement (including the initial inspection, and your Maintenance Visit), then the regular retail price of that service will be deducted from your refund amount. The regular retail service charge shall be set as the list price as published by Roof Rx at the time of service provision.

12. RELEASE & LIMITATIONS OF LIABILITY. YOU AGREE TO INDEMNIFY AND PROVIDE ROOF RX WITH AN UNCONDITIONAL RELEASE OF LIABILITY AND UNDER NO CONDITIONS SHALL WE OR OUR AGENTS, CONTRACTORS, OR TECHNICIANS BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO: ANY INTERIOR OR EXTERIOR PROPERTY DAMAGE; LOSS OF TIME OR BUSINESS; MOLD, WATER INTRUSION, DAMAGE AND/OR MITIGATION; LOSS OF USE OF YOUR COVERED ROOF SYSTEM IN PART IN OR WHOLE; OR ANY OTHER DAMAGES RESULTING FROM THE FAILURE OF YOUR ROOF SYSTEM (IN WHOLE OR IN PART), AND/OR DELAYS IN SERVICING OR THE INABILITY TO SERVICE YOUR ROOF EXCEPT AS MAY OTHERWISE BE REQUIRED BY LAW.

UNDER NO CIRCUMSTANCES WHATSOEVER SHALL OUR OBLIGATIONS UNDER THIS RSA TO YOU FOR MONETARY RECOVERY EXCEED THE TOTAL PRICE PAID FOR THE COVERED ROOF SYSTEM (IN WHOLE OR IN PART) UNDER THIS AGREEMENT.