Conditions of Use
Terms and Conditions
Mannara Contracting, Inc, owner of 1-800-Flatroof and the area codes sold on the 1800Flatroof website at www.1800flatroof.com and other sites where these terms and conditions are posted (each, the "Site"), maintains this Site. The purchaser (Member) is the undersigned. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS SITE. Your purchase or use any of Mannara Contracting, Inc's products constitutes your agreement to these terms and conditions. If you do not agree to these terms and conditions, you must return the product for a refund within 3 days of the date of delivery of the product.
CHANGES TO TERMS AND CONDITIONS
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. THE DATE OF THESE TERMS AND CONDITIONS IS NOTED UNDER THE "TERMS AND CONDITIONS" HEADING ABOVE. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
Market Area and Terminating Number
Subject to all of the terms and conditions of this Agreement, Member has the exclusive right to receive all telephone calls placed to the Number from all callers whose telephone numbers that start with, and originate within the geographic area of the area codes purchased for rent. (the “Market Area”). Members calls will ring to the Terminating Number(s) selected for the market area and can be updated at any time. In the event Member needs the Terminating Number to be changed, Member must call Mannara Contracting, Inc. with the change.
Term
Twelve (12) Months, Twenty-four (24) Months, Thirty-six (36) Months from date of activation. Depending on the term chosen at checkout. Renewals: To protect Member’s rights granted in this Agreement for use of the Number, this Agreement automatically renews at the end of each term for an additional term (each a “Renewal Term”), unless Member elects to cancel. Member always has the right to renew this Agreement unless there is a default under the terms and conditions herein.
Payments & Late Fees
Payments are due 30 days from the invoice date. Your cost per month as a member is determined at checkout and will reflect on each monthly billing statement. Each call to 1-800-Flatroof terminated to your numbers in your area code(s) will be charged at $0.10 per minute. Any payments not received by the due date, may be subject to a late charge of $15.00 per late payment.
Increases
Mannara Contracting, Inc. will not increase the Fixed Monthly Fee during the first two (2) years of the Agreement. Thereafter, Mannara Contracting, Inc. has the right to increase the Monthly fees. At no time will the increases exceed 6% in any one year.
Termination
Member may terminate this Agreement at the end of the initial term or the end of any term thereafter by notifying Mannara Contracting, Inc., in writing, of Member’s intention to do so at least 30 days prior to the end of the term or any subsequent term.
Indemnity
Member assumes all liability, costs and expenses in connection with the marketing, promotion and use of Number. Member releases Mannara Contracting, Inc. from any liability, damages, penalties, judgments, and awards relating to its marketing, promotion and use of Number, including costs of suit and reasonable attorneys’ fees. Mannara Contracting, Inc. shall be held harmless against any interruption of service of Number for any reason whatsoever including any trademark issues created by Member’s use and or marketing of the Number. Member will defend, indemnify and hold harmless Mannara Contracting, Inc. from and against any and all Liabilities which are directly related to Member’s use of the Number.
Default by Member
If Member fails to pay any invoice within ninety (90) days of the invoice date, Mannara Contracting, Inc. shall have the right to terminate this Agreement without notice and assign the Market Area described above to a new Member. Notwithstanding such termination, upon default Member shall be liable for the payment of all outstanding invoices and the Monthly Fixed Fee for each month remaining during the Term or any Renewal Term. Member shall be responsible for any and all reasonable collection costs.
GOVERNING LAW
These Terms and Conditions and the Privacy Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby.
LICENSE GRANT
This Site is provided by Mannara Contracting, Inc, and these Terms and Conditions provide to you (identified herein as "you" or "user") a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use this Site conditioned on your continued compliance with these Terms and Conditions. If you are using the Site on behalf of a company or other business entity, please note that such a company or entity may have a separate agreement with Mannara Contracting, Inc. Nevertheless, your use will be subject to these Terms and Conditions.
PRIVACY POLICY
The operation of certain portions of this Site may require the submission, use, and/or dissemination of various personal identifying information about you. Please see Mannara Contracting, Inc's Privacy Policy for a summary of Mannara Contracting, Inc's personal identifying information collection and use practices. You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You agree not to use another user's username and password. You will immediately notify Mannara Contracting, Inc, if you become aware of any loss or theft of your password or any unauthorized use of your username and password. Mannara Contracting, Inc, reserves the right to delete or change a username or password at any time and for any reason.
ENFORCING SECURITY ON THE SITE
Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Mannara Contracting, Inc, reserves the right to view, monitor, and record activity on this Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. Mannara Contracting, Inc, will also comply with all court orders involving requests for such information. In addition to the foregoing, Mannara Contracting, Inc, reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of this Site in order to protect the Site, Mannara Contracting, Inc, or Mannara Contracting, Inc's business.
TERMINATION OF ACCOUNT
These Terms and Conditions will take effect at the time you click "SUBMIT ORDER", register, respond to a request for information, and/or begin downloading, accessing, or using this Site, whichever is earliest. Mannara Contracting, Inc, reserves the right at any time and for any reason to deny you access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and Mannara Contracting, Inc, shall have the right to immediately terminate a user's account in the event of any conduct by a user which Mannara Contracting, Inc, in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms and Conditions. Termination will be effective without notice. You may also terminate these Terms and Conditions at any time by ceasing to use the Site, but all applicable provisions of these Terms and Conditions will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of this Site in your possession. The provisions concerning Mannara Contracting, Inc's proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms and Conditions, and governing law will survive the termination of these Terms and Conditions for any reason.
ENFORCEMENT
You acknowledge that any breach, threatened or actual, of these Terms and Conditions will cause irreparable injury to Mannara Contracting, Inc, such injury would not be quantifiable in monetary damages, and Mannara Contracting, Inc. would not have an adequate remedy at law. You therefore agree that Mannara Contracting, Inc, shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms and Conditions. Accordingly, you hereby waive any requirement that Mannara Contracting, Inc, post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Mannara Contracting, Inc, to enforce any provision of these Terms and Conditions.
CONTACT INFORMATION
You can contact us via e-mail by clicking "Contact Us" on any Mannara Contracting, Inc, page or send an e-mail directly to customerservice@1800flatroof.com. Please include information in the e-mail that will help us identify your account so we can assist you with your inquiry or request.
WAIVER & SEVERABILITY
Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Mannara Contracting, Inc, of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a wavier of that same right or provision at any other time. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
SUCCESSORS AND ASSIGNS
We may perform any of our obligations or exercise any of our rights under these Terms and Conditions through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with us). If Mannara Contracting, Inc, or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms and Conditions. You may not assign your rights or obligations under these Terms and Conditions, by operation of law or otherwise, without our prior written consent.
ENTIRE AGREEMENT
No joint venture, partnership, employment, or agency relationship exists between you and Mannara Contracting, Inc, as a result of these Terms and Conditions or your utilization of this Site. These Terms and Conditions, Mannara Contracting, Inc's Privacy Policy, and any other agreement or terms or conditions for services, subscriptions, or licenses for products or services available through the Site, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Mannara Contracting, Inc, with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Mannara Contracting, Inc, with respect to this Site.