Terms and Conditions
1. Agreement to These Terms
These Terms and Conditions (the “Terms”) are a binding agreement between you and Max Potential Systems, LLC, a Pennsylvania limited liability company with a website at SmarterRoofer.com (“Smarter Roofer,” “we,” “us,” or “our”).
These Terms govern your access to and use of smarterroofer.com and any related pages, content, newsletters, podcasts, and private groups or networks we host (collectively, the “Services”).
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
2. What the Services Are — and Are Not
Smarter Roofer publishes free educational information for commercial roofing and roof coating contractors, including articles, podcasts, newsletters, and other resources. We may also host or facilitate a private network or group where independent contractors can connect with one another.
We do not sell products or services through the Services. No purchase, payment, subscription, or membership fee is required or accepted. Access to any private group is provided at our discretion and may be granted, limited, or withdrawn at any time.
The network is unaffiliated. Participants in any Smarter Roofer group or network are independent contractors and independent businesses. They are not our employees, agents, partners, joint venturers, franchisees, or representatives, and we do not control, supervise, direct, or take responsibility for their work, business practices, licensing, insurance, workmanship, warranties, pricing, or conduct. We do not vet, screen, verify, endorse, recommend, or guarantee any participant.
Any dealings between you and another participant are solely between you and that participant. If you hire, subcontract with, refer, sell to, buy from, partner with, or otherwise transact with someone you meet through the Services, you do so entirely at your own risk and are responsible for your own due diligence — including verifying licensing, insurance, references, and qualifications — and for your own written agreements. We are not a party to those dealings and have no liability arising from them.
3. Eligibility
The Services are intended for business and professional use by individuals who are at least 18 years old. By using the Services, you represent that you are at least 18 and that, if you are acting on behalf of a company, you have authority to bind that company to these Terms. We do not knowingly collect personal information from persons under 13.
4. Accounts and Access
Some parts of the Services may require you to register or be approved for access. If you create an account, you are responsible for the confidentiality of your login credentials and for all activity under your account. You agree to provide accurate information and keep it current, and not to share, assign, or transfer your access to anyone else. Notify us promptly through the contact information in Section 16 if you believe your account has been compromised.
We may refuse, suspend, limit, or terminate access to any account or private group at our discretion, as described in Section 12.
5. Electronic Communications
By using the Services or emailing us, you consent to receive communications from us electronically. You agree that notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. You may unsubscribe from marketing emails at any time using the link in any such email; we may still send messages relating to your account or group access.
6. No Professional Advice; No Guarantee of Results
The Services are educational and informational only. Nothing on the Services is legal, tax, accounting, insurance, financial, engineering, safety, or roofing-code advice, and no professional, consulting, or advisory relationship is created by your use of the Services or participation in any group.
Roofing products, manufacturer warranties, application methods, safety requirements, and building codes vary by product and jurisdiction. Always follow the manufacturer’s published specifications and all applicable codes, OSHA requirements, and safety regulations, and consult qualified professionals for your specific situation.
We make no guarantee of income, profit, sales, marketing performance, business growth, or results of any kind. Any figures, case studies, or examples presented — including results achieved by us or by others — are illustrative and are not typical, average, or promised outcomes. Your results depend on your own skill, effort, market, capital, and business decisions, and as with any business endeavor, there is an inherent risk of loss.
7. Intellectual Property
All content on the Services — including text, graphics, logos, images, video, audio, and the compilation of that content — is owned by us or our licensors and is protected by copyright, trademark, and other laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own individual business use. You may share links to our public content freely. You may not copy, republish, resell, redistribute, modify, create derivative works from, or commercially exploit our content, in whole or in part, without our prior written permission, and you may not remove or alter any copyright or attribution notices. No ownership rights transfer to you.
“Smarter Roofer” and our logos are our trademarks and may not be used without our prior written consent.
8. Your Content and Submissions
We do not claim ownership of content you post or submit to the Services, including comments, posts in any private group, questions, testimonials, feedback, and suggestions (“Submissions”).
By making a Submission, you grant us a non-exclusive, royalty-free, worldwide, transferable, sublicensable license to use, copy, reproduce, distribute, display, edit, and reformat your Submission in connection with operating and promoting the Services, and to publish your name and business name in connection with it. No compensation is payable for this use. We are not obligated to publish or retain any Submission and may remove it at any time.
You represent that you own or control all rights necessary to make the Submission and that it does not infringe the rights of any third party or violate any law.
9. Community and Group Conduct
Where the Services include forums, private groups, comment sections, or similar features, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
- Post content that is unlawful, infringing, obscene, defamatory, or discriminatory.
- Upload viruses, malware, or corrupted files.
- Spam the group, run pyramid schemes or chain letters, or advertise outside what the particular group permits.
- Harvest or collect other participants’ information, including email addresses, for marketing or resale without their consent.
- Impersonate anyone or misrepresent your affiliation, credentials, or licensing.
- Record, republish, or share other participants’ posts, figures, or business information outside the group without their permission.
- Interfere with others’ use of the Services, or violate any posted guidelines or applicable law.
We have no obligation to monitor these features, but we may review, remove, or edit content and suspend or terminate access at our discretion. We do not control or endorse content posted by participants, and views expressed by participants, hosts, or guests are their own. Use caution when sharing personal or business information in any group.
10. Prohibited Use
You agree not to use the Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair them or interfere with anyone else’s use. You may not attempt to gain unauthorized access to any portion of the Services, other accounts, or connected systems, and you may not scrape, mine data, or use automated means to extract content without our written permission.
11. Third-Party Sites, Sponsors, and Services
The Services contain links to, and rely on, websites and platforms operated by others — including hosting and email providers, group or community platforms, sponsors, advertisers, and manufacturers. We do not control those third parties and are not responsible for their content, products, availability, or practices. Links, mentions, and sponsorships do not imply endorsement, and any dealings you have with a third party are solely between you and them.
We may receive compensation from sponsors or affiliate relationships. Where required, we disclose those relationships in the relevant content.
12. Suspension and Termination
You may stop using the Services at any time.
We may suspend or terminate your access to the Services or any group, in whole or in part, and without notice, if you breach these Terms, engage in conduct prohibited by Sections 9 or 10, or if we modify or discontinue the Services. Because the Services are provided free of charge, no refund or compensation is owed upon termination.
Sections that by their nature should survive — including Sections 2, 6, 7, 8, 13, 14, 15, and 16 — survive termination.
13. Disclaimer of Warranties
THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY INFORMATION PROVIDED IS ACCURATE, COMPLETE, OR CURRENT. CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY CHANGE OR REMOVE IT AT ANY TIME WITHOUT NOTICE.
WE MAKE NO WARRANTY REGARDING ANY PARTICIPANT IN ANY GROUP OR NETWORK, OR REGARDING ANY GOODS, SERVICES, OR WORK OBTAINED FROM OR PROVIDED TO ANY PARTICIPANT.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR TO ANY INTERACTION WITH ANOTHER PARTICIPANT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Nothing in these Terms limits liability that cannot be limited under applicable law. Some jurisdictions do not allow the limitation of incidental or consequential damages, so some of the above may not apply to you. Because the Services are provided free of charge, your sole and exclusive remedy for any dissatisfaction is to stop using them.
15. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its members, managers, employees, contractors, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Services, your Submissions, your dealings with other participants, your breach of these Terms, your violation of any law, or your violation of the rights of any third party. We may assume the exclusive defense and control of any matter subject to indemnification by you, at our own expense, and you agree to cooperate.
16. Dispute Resolution and Governing Law
16.1 Informal resolution first. Before starting any formal proceeding, you agree to contact us at https://smarterroofer.com/contact-us with a written description of the dispute and the outcome you seek, and to attempt in good faith to resolve it. If it is not resolved within thirty (30) days, either party may proceed under this section.
16.2 Binding arbitration. Except as provided below, any dispute arising out of or relating to these Terms or the Services shall be resolved by final and binding arbitration before a single neutral arbitrator administered by the American Arbitration Association under its applicable rules, governed by the Federal Arbitration Act. Arbitration will be held in Mercer County, Pennsylvania, at another location the parties agree on, or by videoconference or on the documents where the AAA rules permit. The award may be entered as a judgment in any court of competent jurisdiction.
16.3 Exceptions. Either party may bring a qualifying individual claim in small claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property.
16.4 Class action waiver. ARBITRATION WILL PROCEED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this waiver is unenforceable as to a particular claim, that claim proceeds in court, and the rest of this Section 16 still applies.
16.5 Your right to opt out. You may opt out of Sections 16.2 and 16.4 by sending written notice — including your name and the email address associated with your access — through https://smarterroofer.com/contact-us within thirty (30) days of first accepting these Terms. Opting out does not affect any other part of these Terms.
16.6 Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after it arises, or it is permanently barred.
16.7 Governing law and venue. These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws principles. Subject to this Section 16, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Pennsylvania.
17. General
17.1 Independent parties. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and the Company, or between the Company and any participant in any group or network.
17.2 Severability and waiver. If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions continue in full force. Our failure to enforce any right is not a waiver of it.
17.3 Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
17.4 Notices. Notices to you may be sent to the email address associated with your account and are deemed received when sent. Notices to us should be submitted through https://smarterroofer.com/contact-us.
17.5 International users. The Services are controlled and operated from the United States. If you access them from elsewhere, you are responsible for compliance with local law and may not use our content in any country or manner prohibited by applicable law, including U.S. export restrictions.
17.6 Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Services and supersede all prior communications. These Terms are written in English, and a printed version is admissible in any proceeding.
18. Changes to These Terms
We may change these Terms at our discretion. The most current version supersedes all previous versions and takes effect when posted, with the “Last Updated” date revised accordingly. We encourage you to review these Terms periodically. Your continued use of the Services after a change constitutes acceptance.
19. Contact Us
Contact form: https://smarterroofer.com/contact-us
Effective: September 15, 2021
Update Effective: May 1, 2026