Terms of Use

1.      Acceptance of Terms

These terms of use are entered into by and between You and Florida Roofing and Sheet Metal Contractors Association, Inc. ("FRSA", "we" or "us"). The following terms and conditions (these "Terms of Use"), govern your access to and use of / (the “Website”), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the FRSA and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

2.      Access and Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to some or all users, including registered users.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms of Use.

3.      Intellectual Property and Trademarks

The Website and its contents are owned by the FRSA, its licensors or other providers of such material and are protected by United States and law. These Terms of Use permit you to use the Website for your personal, non-commercial use only. If you wish to use material on the Website, please submit your request at /z/misc/inquiry/index.  

The FRSA name, logo, and designs are trademarks of the FRSA or its affiliates or licensors. You must not use such marks without the prior written permission of the FRSA. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

4.      Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates any applicable laws or regulations. You additionally agree not to attempt to introduce any virus or similar program to the website or its users computer systems. Further you agree to not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website.  

Examples of behavior that are strictly prohibited when using our online services:

  1. Attempting to gain access to another user's account.
  2. Excessive login attempts or form entries.
  3. The Customer agrees not to engage in sending Unsolicited Commercial Bulk Email (SPAM) anywhere on the Internet whether through forums, chat, email, or other means regardless of whether this information is sent through the Company's network or not.
  4. Downloading in bulk using manual or automated tools to extract, scrape, crawl data, images, videos, text and other documents for any purpose other then to create a freely available public search engine or in the normal course of business with written permission from the web site owner.
  5. Making too many requests at once or too many connections at once beyond what a normal user would have made when using the service.
  6. Impersonating other real people
  7. Using vulgar language or imagery that may cause offence to other users
  8. Posting illegal, pornographic or copyrighted material of any kind without the Company's written permission to the web site.
  9. Being a nuisance by discussing issues that are off-topic or too self-promotional in nature in social features.
  10. Personally attacking / harassing other users instead of contributing to the discussion in social features.
  11. Failing to obey local law.
  12. Posting a disruptive number of messages or being otherwise annoying to other users in chat/comments.
  13. Failing to stay on topic after repeated warnings from moderators.
  14. Using known exploits, bugs, or features to cause others harm or in any way disrupt the online services.
  15. Exceeding the limits of any documented API provided by the Company or its vendors.
  16. Attempting to operate a business or provide a free service that the Company morally or ethically objects to.

5.      Enforcement and Termination

FRSA reserves the right to terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use. Further, FRSA reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

6.      Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the FRSA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the FRSA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

7.      Online Payments and Contractual Relations

In addition to the other terms set forth herein, all purchases or other transactions for the sale of goods, services, rights, information, or otherwise, which are made through this Website, are governed by the following terms:

  1. Any advertisements, promotions, or marketing contents posted on the Website shall be construed solely as FRSA’s invitation for third-parties to submit offers.
  2. Any advertisements, promotions, or marketing contents posted on the Website shall NOT be construed as offers for which acceptance is invited.
  3. User registration, payment of membership fees, or payments of any other kind through the Website’s automated payment portal (“Portal”) shall be construed solely as the user’s offer, for which FRSA’s acceptance is invited.
  4. FRSA’s reception of funds through its automated Portal shall NOT be construed as FRSA’s acceptance of any offer made by a Website user.
  5. Upon receipt of any offer, as described in 7(c), FRSA shall have the opportunity to, within fourteen (14) days, either:
    1. accept the offer by electronically transmitting its acceptance to the email address provided by the user, or
    2. reject the offer by electronically transmitting its rejection to the email address provided by the user and initiating a refund of any funds received from the user in connection with offer.
  6. It shall be the Website user’s responsibility to ensure that the payment method used to make payments through the Portal has reception capabilities for direct account refunds.

IRRESPECTIVE OF ANY PAYMENT OR ORDER PLACED THROUGH THE WEBSITE PORTAL, FRSA SHALL RETAIN THE RIGHT TO DENY, ON AN INDIVIDUALIZED OR COLLECTIVE BASIS, ANY PERSON’S OR ENTITY’S REQUEST FOR MEMBERSHIP IN THE ORGANIZATION OR REQUEST TO PARTICIPATE AT EVENTS ORGANIZED OR SPONSORED BY THE ORGANIZATION.

8.      Linking to the Website and External Pages

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. FRSA issues no endorsement of any such website.

9.      Non Solicitation

The user acknowledges that FRSA has expended significant time and money in developing the information contained within the website including client and advertiser relationships. Use of the website to solicit the FRSA's clients and advertisers or to create a list of prospects is strictly forbidden.

10.  Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE FRSA NOR ANY PERSON ASSOCIATED WITH THE FRSA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE FRSA NOR ANYONE ASSOCIATED WITH THE FRSA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FRSA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11.  Limitation on Liability

IN NO EVENT WILL THE FRSA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12.  Indemnification

You agree to defend, indemnify and hold harmless the FRSA, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

13.  Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in the City of Orlando and Orange County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14.  Arbitration

At FRSA's sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

15.  Waiver and Severability

No waiver by the FRSA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the FRSA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

16.  Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.