Terms of Service

Agreement to These Terms

By accessing or using the Tarp Guard website, mobile application, or related services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree, do not use the Services.

About Tarp Guard

Tarp Guard LLC operates a technology platform that facilitates connections between homeowners and independent contractors. Tarp Guard is not a roofing contractor, general contractor, insurer, or public adjuster unless expressly stated in writing. Tarp Guard does not provide insurance advice and does not guarantee that any insurance claim will be approved or that any amount will be reimbursed. All coverage determinations are made solely by your insurer, and you remain responsible for amounts owed to any contractor regardless of insurance outcome.

Eligibility

Membership is available only to individuals who are at least eighteen (18) years of age (or the age of majority in their jurisdiction), possess the legal authority to enter into binding agreements, and are the legal owner of the property for which Membership is requested. If you use the Services on behalf of an organization, such as a property manager, homeowners association, or business, you represent and warrant that you are authorized to bind that organization to these Terms, in which case "you" refers to that organization. Membership is subject to geographic availability and may not be offered in all service areas.

Accounts

You agree to provide accurate information, maintain the security of your credentials, and promptly notify Tarp Guard of unauthorized access.

Memberships and Billing

The Membership shall become effective thirty (30) days after the Member ("you" or the "Member") completes enrollment and payment of the applicable Membership fee, unless otherwise specified by Tarp Guard. The thirty (30) day activation period is intended to preserve the integrity of the Membership program and prevent enrollment solely in anticipation of, or immediately following, a known or impending storm event.

Membership is offered on a subscription basis as either a monthly plan (the "Monthly Plan") or a discounted annual plan (the "Annual Plan"), at the pricing and billing frequency displayed at the time of purchase. The Annual Plan remains in effect for an initial term of twelve (12) months beginning on the effective date and, upon expiration, automatically renews for successive twelve (12) month terms unless the Member provides notice of cancellation at least thirty (30) days prior to the applicable renewal date. The Monthly Plan automatically renews on a month-to-month basis unless the Member provides notice of cancellation at least three (3) days prior to the next monthly renewal date. Cancellation requests received after the applicable deadline may not prevent the upcoming renewal charge and will become effective at the end of the then-current paid Membership term.

By enrolling in the Membership, the Member authorizes Tarp Guard to automatically charge the payment method on file for each renewal term unless the Membership is canceled in accordance with this Agreement. Except where required by applicable law, Membership fees are non-refundable and no prorated refunds are provided for partial periods.

YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND THE PAYMENT METHOD ON FILE WILL BE CHARGED THE THEN-CURRENT RENEWAL PRICE FOR EACH SUCCESSIVE TERM UNTIL YOU CANCEL.

Independent Contractors

Contractors listed on the platform are independent businesses and are solely responsible for the services they perform, including licensing, insurance, workmanship, pricing, warranties, and compliance with applicable law. Tarp Guard does not perform physical work and, to the fullest extent permitted by law, is not liable for the acts, omissions, negligence, work product, or conduct of any independent contractor. Your sole recourse for any contractor services, including workmanship, repairs, labor, or materials, lies against the applicable contractor (and, where applicable, your insurer).

Emergency Service Disclaimer

Storms and disasters create unpredictable conditions. Response times, contractor availability, and weather conditions cannot be guaranteed and are subject to local laws and restrictions.

User Conduct

Users may not misuse the Services, submit false information, interfere with platform security, infringe intellectual property, or engage in unlawful conduct.

Intellectual Property

Except for User Content you submit as described below, all software, trademarks, logos, graphics, text, photographs, and other content are owned by or licensed to Tarp Guard LLC and protected by applicable intellectual property laws.

User Content

You retain ownership of photographs, videos, before-and-after job images, testimonials, reviews, comments, documents, and other content you submit through or in connection with the Services ("User Content"). By submitting User Content, you grant Tarp Guard LLC a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to store, host, reproduce, process, modify, display, publish, distribute, and otherwise use User Content to provide and improve the Services, fulfill Membership obligations, provide customer support, support internal business operations, and promote or market Tarp Guard's products and services, subject to applicable privacy laws, the Privacy Policy, consent requirements, communication preferences, and opt-out rights where applicable. Tarp Guard will not use identifiable names, likenesses, property images, testimonials, reviews, or similar User Content in advertising or public marketing where legally required without appropriate consent.

Privacy

Collection and use of personal information are governed by the Tarp Guard Privacy Policy, incorporated herein by reference.

Limitation of Liability

The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, Tarp Guard disclaims all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and does not warrant the workmanship, quality, pricing, licensing, or performance of any independent contractor, or that the Services will be uninterrupted, timely, secure, or error-free.

To the fullest extent permitted by law, Tarp Guard shall not be liable for indirect, incidental, consequential, exemplary, special, or punitive damages, or for lost profits or lost data, arising from or related to the Services. To the fullest extent permitted by law, Tarp Guard's total aggregate liability for all claims arising out of or relating to these Terms, the Membership, the platform, the application, or the Services shall not exceed the greater of (a) the total Membership fees paid to Tarp Guard during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) fifty dollars ($50). The limitations in this section apply only to the extent permitted by applicable law and do not limit any liability that cannot be excluded or limited by law.

Indemnification

You agree to defend, indemnify, and hold harmless Tarp Guard LLC, its officers, employees, affiliates, and agents from claims arising from your use of the Services or violation of these Terms.

Termination

Tarp Guard may suspend or terminate accounts for violations of these Terms or other conduct harmful to the platform or its users.

Governing Law

These Terms shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles, unless otherwise required by applicable law. Subject to the Dispute Resolution section below, the parties agree that the exclusive venue for any dispute arising out of or relating to these Terms shall be the state or federal courts located in Seminole County, Florida, and each party consents to the personal jurisdiction of such courts.

Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully, as it affects your legal rights.

Before initiating arbitration, the party raising a dispute must first send the other party a written notice of dispute to contact@tarpguard.us describing the nature and basis of the claim and the relief sought, and the parties shall attempt in good faith to resolve the dispute for a period of thirty (30) days from receipt of the notice.

Except as otherwise provided herein, any dispute, claim, or controversy arising out of or relating to these Terms or the Services, whether based in contract, tort, statute, or otherwise, shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration shall take place in Seminole County, Florida, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

Arbitration shall be conducted on an individual basis only. To the fullest extent permitted by applicable law, you and Tarp Guard each waive the right to participate in a class, collective, consolidated, or representative action, and the arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding.

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY.

Notwithstanding the foregoing, either party may bring an individual action in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information. This arbitration agreement is governed by the Federal Arbitration Act. A court of competent jurisdiction, and not the arbitrator, shall decide any issue concerning the enforceability of the waiver of class, collective, consolidated, or representative proceedings. If that waiver is held unenforceable as to any claim, the agreement to arbitrate shall not apply to that claim, which shall proceed in court.

You may opt out of this arbitration agreement and the jury-trial and class-action waivers by sending written notice to contact@tarpguard.us within thirty (30) days of first accepting these Terms. Nothing in this section limits any non-waivable consumer rights or remedies, and this section applies only to the extent permitted by applicable law.

Changes to These Terms

Tarp Guard may update these Terms periodically. Continued use of the Services after publication of revised Terms constitutes acceptance of the updated version.

Miscellaneous

These Terms, together with the Tarp Guard Privacy Policy and any terms presented to you at enrollment, constitute the entire agreement between you and Tarp Guard regarding the Services and supersede all prior or contemporaneous understandings. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will remain in full force and effect. You may not assign or transfer these Terms without Tarp Guard's prior written consent, and any attempted assignment in violation of this section is void. Tarp Guard may freely assign these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets.

Contact Information