Terms & Conditions

TERMS AND CONDITIONS

By Completing Any application, enrolling, or making a Purchase, You (Hereinafter Referred To As “client”) Agree To The Following Terms & Conditions:

Program/Service

Raber Media, LLC (herein referred to as the “Company”) agrees to provide services of the SmarterRoofer Mastermind and/or Events (herein referred to as “Program”). Customer agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.  

Program Structure 

The Membership Program shall include: 

— Access and inclusion to a minimum of one (1) online 30-minute online conference session every calendar month, approximately once every 15–45 days. 

— Access and inclusion in a private online group to network and interact with other members of SmarterRoofer. 

— The opportunity to purchase tickets to certain in-person, and online events and other Programs.

— Advanced access to exclusive training opportunities and resources, provided that membership is in good standing. 

FULFILLMENT POLICY

Prices 

All amounts are shown and billed in USD.

All prices are clearly stated at the time of purchase.

Monthly Membership will continue on a month-to-month basis as long as you choose to remain active. Monthly rates are subject to change at the Companies option. In the event of pricing changes, the Client would be notified at least thirty (30) days in advance.

Method of Payment 

The Client shall pay through MasterCard, Visa, American Express, or Discover on the Company Website where directed.

Refund and Return Policy 

Any hard goods can be returned for a refund within 30 days of purchase, provided they are in new, resell-able condition. Online memberships are not returnable.

Refunds will be issued upon receipt of your approved return.

Cancellation Policy

Any membership may be cancelled at any time and future subscription charges avoided, simply by logging into your Membership account or by submitting a request through our contact form at smarterroofer.com/contact-us.

Delivery of Purchases

Purchases of Membership Programs are delivered instantly, by us providing online login details and/or access to the purchase.

Disclaimer 

Client acknowledges that neither the Company, their affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the services will be uninterrupted or error-free, nor do they make any warranty as to the results that may be obtained from these Events as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the Events.  

Client understands that the Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your earnings, business profit, marketing performance, audience growth, or any results of any kind. Client agrees that their results are dependent on various factors, including but not limited to skill, knowledge, ability, dedication, business acumen, and finances, and are in no way dependent on any information the Company provides to Client.  

Except as specifically provided in this agreement or where the law requires a different standard, you agree that the Company is not responsible for any loss, property damage, death, illness, or bodily injury caused by your attendance at the Events. To the maximum extent permissible under applicable law, the Company will not be responsible to the Client or any third party claims through the Client for any direct, indirect, special, consequential, economic, or other damages arising in any way out of your purchase or attendance at the Events.  Client understands that a coaching relationship does not exist between the parties after the conclusion of the Events. If the Parties continue their relationship, a separate agreement will be entered into.

Confidentiality 

The Company respects the Client’s privacy and insists that the Client respects the Organizer’s and the other Event Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information or Event details shared by the Company, any representative of the Company, or the Participants is confidential, proprietary, and belong solely and exclusively to the Party who discloses them. All Parties agree not to disclose, reveal, or make use of any Confidential Information or any transactions during discussions, whether from the forum or otherwise.

Client agrees not to use such confidential information in any manner other than in discussion with the Company or other Participants during the Events. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.

Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and protect it against disclosure, misuse, espionage, loss and theft. Further, Client agrees that if they violate or display any likelihood of violating this section, the Company and/or the other Participant will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.  

Airfare And Travel Arrangements 

Client is solely responsible for: (1) booking airfare and travel arrangements for the Events dates; (2) securing all required travel documents and visas; (3) complying with all laws, regulations, orders, demands, and requirements for each country the Client visits; and (4) any fees or costs associated with delays, cancellations, or changes in arrival or departure times for Client’s flights. Client understands that a flight should not be booked until the Company explicitly gives written approval to book the flight.

The Company shall not be liable for issues, delays or consequences resulting from the Client’s failure to obtain requisite travel documents, visas or failure to comply with laws, regulations, orders, demands, requirements, rules or instructions set by the host country.  

Additionally, the Client understands travel and cancellation insurance is optional, but highly recommended. Client understands that acquiring insurance is solely the responsibility of the Client.  

Non-Disclosure of Materials 

Material given to or shared with the Client in the course of the Program, Calls, Events or thru the Private Website is considered confidential in nature, proprietary, copyrighted and developed solely and specifically by the Company. Material given to or shared with the Client in the course of the Program, Calls, Events or thru the Private Website by other members is considered confidential in nature and proprietary. All materials that are provided to or shared with the Client thru the program and its Members are for the Client’s individual use only and a single-user license. Client agrees that such proprietary material is solely for Client’s own personal use and not to be shared with anyone outside of the program or thru direct reproduction or thru any social media channels. Any disclosure, reproduction and sale by the Client to a third party is strictly prohibited.  

No Transfer of Intellectual Property 

All intellectual property, including Organizer’s copyrighted Events and/or program materials, shall remain the solely and exclusively the property of the Company. No license to sell, reproduce or distribute Organizer’s materials is granted or implied. Client agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of the Company or Participants.  

Further, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the agreements contained in this paragraph, the Company and/or Participants will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.  Non-Solicitation During the period of the term of the Commitment Period and ending two years following the Commitment Period, the Client shall not, without the Company’s prior written consent, directly or indirectly, (i) solicit or encourage any person to leave the Program or other service of the Company or its Affiliates, or (ii) solicit or encourage any other member or client of the Program for any service or product that competes directly or indirectly with the Program offered by the Company, or (iii) solicit or encourage any person who has left the Program within the two year period following the termination of that person’s membership in the Program for any service or product that competes directly or indirectly with the Program offered by the Company or its Affiliates. During the period commencing on the beginning of the Commitment Period through and ending two years following the exit of the Program, the Client will not, whether for its own account or for the account of any other Person, intentionally interfere with the relationship of the Company or its Affiliates with, or endeavor to entice away from the Company or its Affiliates, any person who during the term of the Commitment Period is, or during the preceding two year period, was a member in the Program offered by the Company.  

Client Responsibility 

The Events were developed for strictly educational purposes. Client accepts and agrees that Client is fully responsible for their progress and results from the Events. The Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature and extent of the Events, the results experienced by each Client may significantly vary. Client acknowledges that, as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Events.  

Film/Recording Release 

Client hereby grants to the Company and to its licensees, assignees, and other successors-in-interest all rights of every kind and character whatsoever in perpetuity in and to Client’s appearance (hereinafter referred to as the “Appearance”) in connection with promotional footage, written scripts, print images and photography for the Events.  

Client hereby authorizes the Company to photograph, record, or release (on tape, film, print, website or otherwise), the Appearance; to edit at its discretion and to include with the appearance of others in the Events; and to use the Appearance in any manner or media whatsoever, including without limitation, unrestricted use for purposes of publicity, advertising and sales promotion; and to use my name and likeness in connection with the Events.  

Client hereby waive all rights, releases, and discharges the Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim, demand or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, based upon or relating to the use of Client’s Appearance. The Company owns all rights and proceeds resulting from Client’s Appearance. The Company is not obligated to utilize the authorization granted by Client hereunder.  

Independent Contractor Status 

Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In these Events no such persons shall be deemed employees of the other party by virtue of participation or performance hereunder.  

Force Majeure 

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either company to perform their obligations under this Agreement, the Organizer’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.  

Sever-ability/Waiver 

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

Miscellaneous 

A) Limitation of Liability. Client agrees they purchased the Program at their own risk and that Events are only educational services being provided. Client releases the Company, it’s employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, Participants, and related entities in any way, as well as the venue where the Events are being held, and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands, and damages of whatever nature or kind in law or in equity arising from your participation in the Events. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to, direct, indirect, incidental, special, negligent, consequential, or exemplary damages that happen from the use or misuse of Organizer’s services or enrollment in the Events. The Company assumes no responsibility for errors or omissions that may appear in any of the Events materials.  Client further declares and represents that no promise, inducement or agreement not herein expressed has been made to Client to enter into this release. The release made pursuant to this paragraph shall bind Client’s heirs, executors, personal representatives, successors, assigns, and agents.

B) Non-Disparagement. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be the venue set forth herein below. The parties agree that they will not engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize, or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support, or participate in any of the foregoing), any remark, comment, message, information, declaration, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its programs, members, owner, directors, officers, affiliates, subsidiaries, employees, agents, or representatives.

C) Assignment. This Agreement may not be assigned by the Client, without the express written consent of the Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors, and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.

D) Termination. The Company is committed to providing all Clients a positive experience. By accepting below, Client agrees that the Company may, at their sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Events without refund or forgiveness of monthly payments if the Client becomes disruptive to the Company or Participants, difficult to work with, or violates these terms. Client will still be liable to pay the total contract amount.

E) Indemnification. Client shall defend, indemnify, and hold harmless the Company, their employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by the Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Organizer’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.  

F) Resolution of Disputes. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against the Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive, not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.

G) Equitable Relief. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including, without limitation, a temporary restraining order or injunction.  H) Notices. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid, with a return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of five (5) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email. Email: [email protected]. The Company shall deliver notice to Client’s email address provided to the Company through registration.

I) Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.  

J) Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, united states of America.  

BY ENROLLING IN, OR PURCHASING ANY PROGRAM, OR EVENT, YOU INDICATE HAVING READ AND AGREEING TO ALL OF THE TERMS ABOVE.

Updated January 1, 2024