ROOFBID.COM DISPUTE RESOLUTION POLICY

This Dispute Resolution Policy (“Dispute Resolution Policy”) incorporates all terms, conditions rules, policies and guidelines on the Site, including the other Terms of Service. Capitalized terms not defined in this Dispute Resolution Policy are defined here or elsewhere in the Terms of Service.

We reserve the right to modify the provisions in this Dispute Resolution Policy without prior notice to you, so please check back often for updates.

REFUNDS AND CANCELLATIONS
If you submit a Refund Request Form or a Job Cancellation Form via the Site, then the other party to your Job will have 5 calendar days (the “Approval Period”) to either ‘Approve’ the request or file a Dispute Notice Form. If that party files a Dispute Notice Form, both Users will engage in dispute resolution under this Dispute Resolution Policy.

A Contractor request to refund money to a Consumer will be approved and processed for appropriate payment or release of Escrow whether or not Consumer responds.

In all other cases, RoofBid.com reserves the right to suspend the account of any User that does not respond to Refund Request or Job Cancellation Form.

Once funds are released, RoofBid.com’s obligations to Contractor and Consumer end.

DISPUTE RESOLUTION
RoofBid.com Dispute Resolution is for disputes over payments via the Site only.

WHAT ARE MY OPTIONS IF I HAVE A DISPUTE WITH A USER?
There are different dispute resolution mechanisms available:

1. User Resolution – User Resolution is a self-help dispute resolution process that is available on all Jobs. A User will file a Dispute Notice Form in the Workroom for that Job, either initially or in response to a request for refund or cancellation of the Job. The non-filing party will be notified of the dispute, and the Consumer and Contractor then will have two business days to resolve the Dispute between them and document the resolution in the Workroom. RoofBid.com will close the Dispute if there is no resolution posted within two business days.

2. RoofBid.com Dispute Assistance– If User Resolution fails, RoofBid.com will help Consumers and Contractors reach agreement on the resolution of payment via mediation. RoofBid.com Dispute Assistance is available when funds are still held in Escrow, or within 30 days of the Final Escrow Release Date (subject to the limitations dates below).

3. Arbitration – For payment Disputes, Users may file for binding, nonappearance based arbitration through net-arb.com (“Arbitration”). Arbitration is available when funds are still held in Escrow, or within 30 days of the Final Escrow Release Date (subject to the limitations dates below).

Posting Notice of Resolved Disputes.Any agreement resolving a dispute must be posted (and confirmed by both parties) as text or attachments in the Workroom for the disputed Job.

Key Dates

For all disputes, you must be aware of the following key dates:

"Breach Date" means the later of (1) the date on which the events causing the dispute with the other User first took place, or (2) the date on which you learned, or reasonably should have learned, about those events. For a dispute involving payments or the delivery of a Deliverable, the “Breach Date” is either (a) the date of the Release of the payment to which the dispute relates, (b) the date payment was due to be released for a delivered Deliverable, or (c) the date a Deliverable was due to be delivered, as applicable.

"Final Escrow Release Date" means the date on which all funds are withdrawn or released from an Escrow Account, leaving it with $0.

“Arbitration Limitations Date” means the date 30 days after the date a Dispute Notice Form is filed with RoofBid.com.

"Claim Limitations Date" means the six-month anniversary of the Breach Date (subject to any “tolling” or extension as described in the paragraph entitled “Limitations Period” below).

HOW DO I BEGIN DISPUTE RESOLUTION
Starting a Dispute. If you have a good faith dispute with another User over a Job, you have the right to submit a Dispute Notice Form within 30 days of the Breach Date. This starts the User Resolution process and you are the “Initiating Party.” If you do not submit a Dispute Notice Form within this time period, you irrevocably waive any right to make a claim and / or to demand arbitration via the Site.

DISPUTES FOR WHICH RoofBid.com DISPUTE ASSISTANCE AND ARBITRATION ARE NOT AVAILABLE
If the Dispute is not eligible for RoofBid.com Dispute Assistance and Arbitration, then the Consumer and Contractor will have two business days following the submission of a Dispute Notice Form to resolve the Dispute between them and document the resolution in the Workroom. If Users do not resolve the dispute within two business days, RoofBid.com will offer them the option to contact each other outside of RoofBid.com Dispute Resolution, and then close the Dispute.

DISPUTES FOR WHICH RoofBid.com DISPUTE ASSISTANCE AND ARBITRATION ARE AVAILABLE
For disputes where RoofBid.com Dispute Assistance and Arbitration are available, the following terms apply:

Responding to a Dispute. If an Initiating Party properly initiates a Dispute on the Site, the other User (the “Opposing Party”) has two business days to submit a Dispute Response. “Dispute Response” means: (1) if the Opposing Party is the Consumer, that Consumer has not received all Deliverables required for a Release pursuant to the Consumer – Contractor Contract, or (2) if the Opposing Party is the Contractor, that Contractor has delivered all Deliverables required pursuant to the Consumer – Contractor Contract and has not received a Release.

Failure to Respond. If the Opposing Party does not submit a Dispute Response to the Site within two business days following the Initiating Party’s submission of the Dispute Notice Form, RoofBid.com will then notify the Opposing Party and request a response. If Opposing Party does not respond to RoofBid.com within three business days of RoofBid.com's notification, then Consumer and Contractor will be deemed to have agreed to the remedy sought in the Dispute Notice Form.

HOW DOES RoofBid.com DISPUTE ASSISTANCE WORK?
If RoofBid.com receives a Dispute Notice and a Dispute Response, RoofBid.com will notify both parties (“Call Notice”) to request that they mutually schedule a dispute assistance call with a RoofBid.com facilitator (the “Mediator”) to encourage a settlement of the dispute. The Call Notice will request a response within three business days. The Mediator will act solely as a neutral third party and will have no further obligations. The Mediator will not judge the dispute and will not make any award. No Mediator is authorized to make any recommendation or guaranty to the parties regarding the dispute.

How RoofBid.com Dispute Assistance proceeds from there can vary, depending on the scenarios below:

IF THERE ARE FUNDS REMAINING IN ESCROW
One Party Does Not Respond to the Call Notice
If one party responds to the Call Notice within three business days, but the other does not, RoofBid.com will give the non-responding party an opportunity to request Arbitration by sending the non-responding party an invoice for its share of the Arbitration costs (described below). RoofBid.com will provide the non-responding party two business days to pay the invoice. If the invoice is not paid, the Contractor and Consumer will be deemed to have instructed RoofBid.com to release the disputed funds in escrow to the party that did respond to the Call Notice.

Neither Party Responds to the Call Notice
If neither party responds to the Call Notice within three business days, RoofBid.com provides both parties with the option to begin the Arbitration process on or before the Arbitration Limitations Date to start the Arbitration process. If neither party initiates arbitration by the Arbitration Limitations Date, then Consumer and Contractor will be deemed to have authorized and instructed RoofBid.com to, and RoofBid.com will, Release all funds in the Escrow Account to the Consumer.

A Call Cannot Be Scheduled
Occasionally, because of time zone differences or other availability issues, a dispute resolution call cannot be scheduled at a suitable time for everyone involved. When that occurs, RoofBid.com will notify both parties that either may request Arbitration by or before the Arbitration Limitations Date.

One Party Elects to Bypass the Dispute Call and Proceed Directly to Arbitration
If one party elects to bypass the dispute call and proceed to Arbitration after receiving a Call Notice, RoofBid.com will invoice that party for its portion of the Arbitration fee (see below). If the requesting party does not pay the invoice within two business days. RoofBid.com will send that party a reminder and notify it that it must pay the invoice on or before the Arbitration Limitations Date. If the party requesting Arbitration is the Contractor, and the Contractor does not initiate the Arbitration on or before the Arbitration Limitations Date, RoofBid.com will remove the unpaid invoice from their account and close the Dispute. In that case, Consumer and Contractor will be deemed to have authorized and instructed RoofBid.com to and RoofBid.com will Release all funds in the Escrow Account to the Consumer.

If the party requesting Arbitration is the Consumer, and the Consumer does not initiate Arbitration on or before the Arbitration Limitations Date, RoofBid.com will notify the Contractor five calendar days from the Arbitration Limitations Date and provide the Contractor the option to initiate Arbitration by paying the Contractor’s portion of the Arbitration costs on or before the Arbitration Limitations Date. If Contractor does not initiate the Arbitration as required, then Consumer and Contractor will be deemed to have authorized and instructed RoofBid.com to and RoofBid.com will Release all funds in the Escrow Account to the Consumer.

Dispute Assistance Call Held; Parties Agree to Arbitration
If both parties agree to Arbitration during RoofBid.com Dispute Assistance, RoofBid.com will invoice both parties for their portions of the Arbitration costs (see below) and allow the Consumer the opportunity to be the party that files for Arbitration. Once the Consumer has paid the invoice, RoofBid.com will provide the Consumer with the instructions for filing. If the Consumer does not pay the invoice within two business days, RoofBid.com will send the Consumer a reminder and provide two more business days to pay. If the Consumer has not paid the invoice by the end of that period, RoofBid.com will allow the Contractor to file for Arbitration if Contractor has paid its invoice. If the Contractor has not paid at that time either, RoofBid.com will notify the Contractor that the Consumer has not yet filed, and provide the Contractor two business days to pay the invoice required to initiate the case. If neither party pays its invoice within that time, RoofBid.com will notify both parties that they have until the Arbitration Limitations Date to pay their invoice to file the case. If neither party pays its invoice and initiates the Arbitration by the Arbitration Limitations Date, then Consumer and Contractor will be deemed to have authorized and instructed RoofBid.com to, and RoofBid.com will, Release all funds in the Escrow Account to the Consumer.

Dispute Assistance Call Scheduled; One or Both Parties do Not Attend
If a dispute assistance call is scheduled and one party attends (the “Attending Party”) but the other party does not give prior notice to RoofBid.com of non-attendance and fails to attend (the “Non-Attending Party”) the scheduled call, then RoofBid.com Dispute Assistance is no longer available. In that case, RoofBid.com will notify the Non-Attending party that it has two business days to demand Arbitration via the Site in accordance with the section titled “How Does Arbitration Work?” below (“Non-Attendance Notice”). If the Non-Attending party does not demand Arbitration within two business days of the date of the Non-Attendance Notice, then Consumer and Contractor will be deemed to have authorized and instructed RoofBid.com to, and RoofBid.com will, make the Release sought by the Attending Party.

If a dispute assistance call is scheduled and both parties do not give prior notice to RoofBid.com of nonattendance and both do not participate in the call, RoofBid.com will notify both parties that they have until the Arbitration Limitations Date to demand Arbitration via the Site in accordance with the section titled “Arbitration” below. If neither party demands Arbitration on or before the Arbitration Limitations Date, then Consumer and Contractor will be deemed to have authorized and instructed RoofBid.com to, and RoofBid.com will, Release all funds in the Escrow Account to the Consumer.

IF THERE ARE NO FUNDS REMAINING IN ESCROW
If there are no funds remaining in Escrow, RoofBid.com Dispute Assistance is only available if requested on or before the 30th day following the Final Escrow Release Date. In general, if there are no funds remaining in Escrow it is because the funds have been released to the Contractor and it is the Consumer who has initiated the Dispute after requesting a Refund.

One Party Does Not Respond to the Call Notice
If the Consumer does not respond to the Call Notice, RoofBid.com will notify the Consumer and provide the Consumer with two business days to file a request for Arbitration. If the Consumer does not contact RoofBid.com within the two business
days, the Dispute is closed and Arbitration is no longer available.

If the Contractor does not respond, and the Contractor has already received the funds from the Escrow Account, RoofBid.com will suspend the Contractor account for failure to respond and will provide the Consumer with the option of requesting Arbitration on or before the Arbitration Limitations Date.

Neither Party Responds to the Call Notice
If neither party responds to the Call Notice, RoofBid.com will provide both parties with the option to contact us prior to the Arbitration Limitations Date to start the Arbitration process. If neither party initiates Arbitration by the Arbitration Limitations Date, the Dispute will be closed as there are no funds remaining in Escrow.

One Party Elects to Bypass the Dispute Call and Proceed Directly to Arbitration
If the Contractor elects not to participate in the dispute call, then RoofBid.com will notify the Consumer that the Consumer may file for Arbitration on or before the Arbitration Limitations Date. If the Consumer does not request Arbitration by that date, RoofBid.com will simply close the Dispute as no funds remain in Escrow.

Dispute Assistance Call Held; Parties Agree to Arbitration / Consumer Requests to File
If a call is held and either the parties agree to Arbitration or the Consumer wishes to file for arbitration, RoofBid.com will invoice the Consumer for the Consumer’s portion of the Arbitration costs (see below). The Consumer must pay the invoice on or before the Arbitration Limitations Date to commence Arbitration. If the Consumer does not pay the invoice by that date, RoofBid.com will close the Dispute and Arbitration will no longer be available.

HOW DOES ARBITRATION WORK?
By using the Site, both the Consumer and Contractor agree that each has the right to demand Arbitration after filing a Dispute Notice Form if there are funds remaining in the Escrow Account. You further agree that a Consumer has the right to demand Arbitration at any time on or before the 30th day following the Final Escrow Release Date. In any Arbitration, you and the other party are each a “Dispute Party” and collectively the "Dispute Parties."

Any such Arbitration will be conducted by the neutral third-party dispute resolution service net-arb.com ("Arbitrator"). If the other User demands Arbitration in accordance with the foregoing, you agree to submit to the Arbitration. If the amount in Dispute is less than $2,000, the Arbitrator must be a single arbitrator unless both parties request a panel of Arbitrators. If the amount in Dispute is $2,000 or more, the Arbitrator must be a panel unless both parties request a single Arbitrator.

Arbitration Fees and Costs. You agree that in any Arbitration: (a) each Dispute Party and RoofBid.com will pay one-third of the first $$$$ of the Arbitrator's fees; (b) each Dispute Party will pay one-half of any amount by which the Arbitrator's fees exceed $$$$; and (c) each Dispute Party will solely bear and pay any other costs it incurs related to the Arbitration. You hereby agree that RoofBid.com will charge your Account, or your credit card, bank account, or PayPal, for the amount of the Arbitrator's fees owed by you in accordance with the foregoing.

Filing the Case with the Arbitrator. When you (the “Arbitration Plaintiff”) demand Arbitration, or when the circumstances dictate that RoofBid.com notify you of your right to file for Arbitration as described above, then RoofBid.com will invoice the Arbitration Plaintiff for that party’s portion of the Arbitrator’s fees. If the Arbitration Plaintiff pays the invoice, then RoofBid.com will provide the Arbitration Plaintiff with instructions for filing the case with the Arbitrator. If the Arbitration Plaintiff does not pay the invoice within three business days, then RoofBid.com will send the Arbitration Plaintiff a reminder to pay the invoice. Except when provided a more limited response period under the circumstances described above, the Arbitration Plaintiff must pay the invoice before the Arbitration Limitations Period. If the Arbitration Plaintiff does not pay the invoice within the required time, then the Dispute will be closed and Arbitration will no longer be available to the Arbitration Plaintiff.

Failure to Respond. After the Arbitration Plaintiff files its case with the Arbitrator, the Arbitrator will contact the other party (“Arbitration Respondent”) to request that the Arbitration Respondent register for the Arbitration as well (“First Arbitration Notice”). If the Arbitration Respondent fails to submit to such Arbitration within five calendar days after the First Arbitration Notice, RoofBid.com will suspend the Arbitration Respondent’s Account and send the Arbitration Respondent a notice that it must register for the case. If the Arbitration Respondent does not register for the case within 15 calendar days of the date of the First Arbitration Notice, then Consumer and Contractor will be deemed to have authorized and instructed RoofBid.com to, and RoofBid.com will, make the Release sought by the Arbitration Plaintiff in the demand for Arbitration.

Limitations Period for Arbitrations. If both Contractor and Consumer fail to demand binding Arbitration for an unresolved dispute by the Arbitrations Limitations Date, then Consumer and Contractor will be deemed to have instructed RoofBid.com to, and RoofBid.com will, Release all funds in the Escrow Account to the Consumer.

Arbitration Rules. The sole and exclusive evidence admissible in the Arbitration is the contents of the Workroom as of the date of the Arbitration. RoofBid.com will provide the Arbitrator access to information in the Workroom for the Dispute. You agree to be responsible for ensuring that the Workroom contains all documents and communications with the other User related to the dispute. The Dispute Parties agree to the following rules: (a) the Arbitrator will specify whether the Arbitration will be conducted online, by telephone, or solely based on written submissions posted in the Workroom; (b) the Arbitration shall not involve any personal appearance by the Dispute Parties or witnesses unless otherwise mutually agreed by the Dispute Parties; and (c) any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. Before the Arbitrator renders its decision in the Dispute, each of the Dispute Parties will be allowed to upload to the Workroom one last closing statement or argument for the Arbitrator related to the dispute.

Arbitration Award. You agree that the award of the Arbitrator is final, and that if the Arbitrator delivers notice of any award to RoofBid.com, then RoofBid.com has the right to rely on and treat such notice as conclusive and act in reliance thereon.

Deadline for RoofBid.com Dispute Assistance and Arbitration.
You must initiate RoofBid.com Dispute Assistance or demand Arbitration pursuant to this Dispute Assistance Process by the earlier of (i) the Claims Limitations Date, (ii) the Arbitration Limitations Date, or (iii) thirty (30) days after the Final Escrow Release Date, or you irrevocably waive any right to make a claim or demand Arbitration via the Site.

ARE THERE ANY FEES FOR ESCROW RELEASES FOLLOWING DISPUTE
RESOLUTION?
Yes. All Escrow Releases under this policy are subject to the normal service fees and payment processing fees associated with Escrow Accounts, as detailed in the RoofBid.com Escrow Instructions.

WHAT HAPPENS IF I DO NOT COMPLY WITH THIS POLICY?
Improperly Filed Claims. All claims, disputes or other disagreements between you and another User that are covered by this Dispute Resolution Policy must be resolved in accordance with the terms in this Dispute Resolution Policy. All claims filed or brought contrary to these terms shall be considered improperly filed. Should you file a claim contrary to these terms, the other User may recover attorneys' fees and costs up to $2,000, provided that the other User has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.

Abuse. If you demand an excessive number of Arbitrations, RoofBid.com reserves the right to suspend or terminate your Account immediately upon giving notice to you. However, any disputes for any Jobs that existed prior to termination will be subject to the RoofBid.com Terms of Service.

WHAT IF I HAVE A DISPUTE WITH RoofBid.com?
If a dispute arises between you and RoofBid.com or any Affiliates, our goal is to resolve such dispute quickly and cost-effectively. Accordingly, you, RoofBid.com and our Affiliates agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the RoofBid.com Services in accordance with this section. Before resorting to these alternatives, you agree to first contact RoofBid.com directly to seek dispute assistance.

Law and Forum for Disputes
This Agreement is governed in all respects by the laws of the State of Washington without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against RoofBid.com or an Affiliate must be resolved by a court located in Walla Walla County, Washington, or as described in the Arbitration Option paragraph below. You hereby submit to the exclusive personal jurisdiction of the courts located within Walla Walla County, Washington for the purpose of litigating all such claims or disputes.

Arbitration Option
For any claim arising between you and RoofBid.com or an Affiliate (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration through Net-Arb.com. A party electing arbitration must initiate such arbitration by ____________. Net - Arb and the parties must comply with the following rules: (a) the ADR provider will specify whether the arbitration will be conducted by telephone, online, or solely based on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award has the right to enter any judgment on the award in any court of competent jurisdiction.

Improperly Filed Claims
Should you file a claim contrary to this section entitled “Resolution of Disputes Between User and RoofBid.com,” RoofBid.com or its Affiliate will be entitled to recover attorneys’ fees and costs up to $2,000, provided that RoofBid.com has notified you in accordance with this Agreement of the improperly filed claim, and you have failed to promptly withdraw the claim.

HOW LONG DO I HAVE TO FILE A CLAIM AGAINST ANOTHER USER
OR RoofBid.com?
You acknowledge and agree that you must initiate any claim, dispute, action, cause of action, suit, or demand whatsoever whether judicial or otherwise in connection with your use of the Site (collectively, a “Claim”) prior to the Claims Limitations Date. You hereby irrevocably waive any right to initiate or make any such Claim against RoofBid.com or any other User on or after the Claims Limitations Date, whether initiated or made on the Site or in any other forum or any other manner and whether the Claim arises in contract, tort, statute, law, equity or otherwise.

In the case of the Arbitration of a Dispute over a Job via the Site, the Arbitrator has the power to determine whether the Breach Date entered into RoofBid.com's system is correct or if the Claims Limitations Date should be extended or "tolled" due to your reasonable reliance on the other User's assurances that it would cure the breach.

If a Dispute for which Arbitration is available under this policy has not been resolved and either (a) neither Dispute Party has demanded Arbitration by the Arbitration Limitations Date, or (b) RoofBid.com has closed the Dispute pursuant to this policy, then any further Claims in such Dispute will be forever barred.

CONTACTING US
If you wish to report a violation of the Terms of Service, have any questions or need assistance, please contact RoofBid.com Customer Support as follows:
Web Support: www.RoofBid.com

Email: info@RoofBid.com