Effective Date: January 9, 2025
Last Updated: January 9, 2025
Agreement to Terms
These Terms of Service (“Terms”) govern your use of the winik.io website (“Site”) and roof consulting services provided by Winik LLC (“we,” “our,” “us,” or “Company”). By accessing or using our Site or services, you agree to be bound by these Terms.
If you do not agree to these Terms, do not use our Site or services.
Services Description
Winik LLC provides independent roof consulting services, including:
- Roof inspections and assessments
- Photo documentation and written reports
- Insurance claim documentation and support
- General roof consulting and advice
- Referrals to licensed roofing contractors (when requested)
What We Do NOT Do
Important Limitations:
- We do not perform roof repairs or installations. We only provide consulting and inspection services.
- We are not licensed public adjusters. We do not negotiate insurance claims on your behalf or represent you in claim disputes.
- We are not attorneys. We do not provide legal advice. Any legal questions should be directed to a licensed attorney.
- We do not guarantee insurance claim outcomes. While we provide documentation to support your claim, final claim decisions are made solely by your insurance company.
No Professional Relationship
Our consulting services are provided for informational purposes only. Use of our Site or services does not create:
- An attorney-client relationship
- A public adjuster-client relationship
- A contractor-client relationship for repair work
- Any fiduciary duty or special relationship
Disclaimers and Limitations
No Guarantees
We make no guarantees, warranties, or representations regarding:
- Insurance claim approvals: We cannot guarantee your insurance company will approve your claim or agree with our assessment.
- Repair costs: Actual repair costs may vary from our estimates. Always obtain multiple bids from licensed contractors.
- Roof condition: While we conduct thorough inspections, we cannot detect every potential issue, especially hidden or concealed damage.
- Future performance: We cannot guarantee how your roof will perform in the future or predict future damage.
Information Accuracy
While we strive for accuracy in all inspections and reports:
- Our assessments are based on visible conditions at the time of inspection
- We may not detect all damage, especially if it is hidden or concealed
- Weather, access limitations, or other factors may affect inspection completeness
- Our reports represent professional opinions, not absolute certainties
Third-Party Contractor Referrals
If we refer you to roofing contractors:
- We do not employ, control, or supervise these contractors
- We are not responsible for their work, pricing, or conduct
- You are responsible for verifying their licenses, insurance, and qualifications
- Any agreements or disputes are solely between you and the contractor
- We may receive compensation for referrals, which does not affect our inspection independence
User Responsibilities
When using our Site or services, you agree to:
- Provide accurate and complete information
- Maintain the confidentiality of any account credentials
- Ensure safe access to your property for inspections
- Disclose all known roof issues or previous repairs
- Use our services in compliance with all applicable laws
- Not misrepresent our relationship or services to third parties
- Make your own independent decisions regarding insurance claims and repairs
Prohibited Uses
You may not use our Site or services to:
- Violate any local, state, or federal law
- Commit fraud or misrepresent facts to insurance companies
- Harass, abuse, or harm our staff or contractors
- Transmit viruses, malware, or harmful code
- Attempt unauthorized access to our systems
- Copy, modify, or distribute our proprietary content without permission
- Use our reports or information for purposes other than intended
Intellectual Property
All content on our Site, including text, graphics, logos, photos, and reports, is owned by Winik LLC and protected by copyright and intellectual property laws.
Your License to Use Reports
When we provide you with an inspection report:
- You may use it for your personal insurance claim or repair decisions
- You may share it with your insurance company, contractors, or legal counsel
- You may not republish, sell, or commercially exploit our reports
- You may not remove our branding or attribution
Payment Terms
Our inspection services are typically provided at no upfront cost to homeowners. We may earn compensation through:
- Referral fees from roofing contractors (if you choose to hire a contractor we recommend)
- Paid consulting services (when specifically agreed upon)
If you engage paid services:
- Fees will be clearly communicated in advance
- Payment is due as specified in our agreement
- Unpaid fees may be subject to collection efforts
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Winik LLC and its owners, employees, and contractors shall not be liable for any indirect, incidental, consequential, or punitive damages
- This includes damages for lost profits, data loss, business interruption, or any other commercial damages
- Our total liability for any claim shall not exceed the amount you paid us for services (or $100 if services were free)
- We are not liable for decisions made by insurance companies, contractors, or other third parties
- We are not liable for damage that occurs after our inspection
Indemnification
You agree to indemnify and hold harmless Winik LLC, its owners, employees, and contractors from any claims, damages, losses, or expenses (including attorney fees) arising from:
- Your use of our Site or services
- Your violation of these Terms
- Your violation of any law or third-party rights
- Any false or misleading information you provide
Dispute Resolution
Governing Law
These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles.
Arbitration Agreement
Any dispute arising from these Terms or our services shall be resolved through binding arbitration in El Paso County, Colorado, rather than in court, except that you may assert claims in small claims court if they qualify.
By using our services, you waive your right to a jury trial and to participate in class action lawsuits.
Exceptions to Arbitration
Either party may seek injunctive relief in court to protect intellectual property rights or prevent unauthorized use of the Site.
Insurance Claim Support
Important Clarifications:
- We provide documentation to support your insurance claim
- We may communicate with your insurance adjuster to explain our findings
- We do NOT act as a public adjuster or negotiate settlements on your behalf
- You remain responsible for your own insurance claim
- Final claim decisions are made solely by your insurance company
- We are not responsible if your claim is denied, delayed, or underpaid
Termination
We reserve the right to terminate or suspend your access to our Site or services at any time, without notice, for:
- Violation of these Terms
- Fraudulent or illegal activity
- Abusive behavior toward our staff or contractors
- Any reason at our sole discretion
Changes to These Terms
We may update these Terms at any time. Changes will be posted on this page with an updated “Last Updated” date. Material changes will be communicated via:
- Prominent notice on our Site
- Email notification (if you have provided your email)
Your continued use of our Site or services after changes take effect constitutes acceptance of the revised Terms.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Winik LLC regarding use of our Site and services, superseding any prior agreements.
Contact Information
If you have questions about these Terms, contact us:
Winik LLC
828 N. Spruce Street
Colorado Springs, CO 80905
Email: info@winik.io
Phone: (719) 210-8699
These Terms of Service were last updated on January 9, 2025.
By using our Site or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.