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Terms Of Use:
By using
Solarpowerhomesusa.com, you are agreeing to abide by
these Terms of Use. Please read this carefully, because
it affects your legal rights.
1. Acceptance of Terms of
Use
Solarpowerhomesusa.com (the "Site) is referred to
hereunder as "we," "us" "our," etc.. BY USING THE SITE,
YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE
TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO
TIME. Subject to the terms and conditions of these Terms
of Use, we hereby grant you a nonexclusive, revocable,
nontransferable, limited license to use the Site and
accompanying services, Software and Content, as set
forth herein. If you do not agree to these Terms of Use,
you may not use the Site. We may, in our sole
discretion, amend these Terms of Use, at any time, by
posting a notice within the Terms of Use portion of the
Site. Each such change shall be effective fifteen (15)
days following such posting. Your continued use of the
Site following the effectiveness of any such changes
will indicate your agreement to be bound by such amended
Terms of Use. If you object to any provision of these
Terms of Use or any subsequent modifications to these
Terms of Use or become dissatisfied with the Site in any
way, your only recourse is to immediately terminate use
of the Site.
From time to time, we may
supplement these Terms of Use with additional terms
pertaining to specific content or events, ("Additional
Terms"), which Additional Terms may be placed on the
Site to be viewed in connection with the specific
content or events and shall be identified as such. Such
Additional Terms are hereby incorporated by reference
into these Terms of Use.
2. Third Party Issues
The Site offers information on and displays
advertisements for products or services sold by persons
not affiliated with us (each such person, a "Contractor"
"Vendor", etc.). We present these features to you for
your information only. We do not endorse these products
and services. We make no representations or warranties
regarding any such Vendor, Contractor, Content, product
or service in this Site, whether presented on the Site
or in a separate email from us or any third party to
you. All matters concerning any Vendor, Contractor,
Content, product or service are solely between you and
such Vendor, Contractor, or any Content in this Site,
whether or not we may have received some form of revenue
or other remuneration in connection with any such
matter. WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY
FOR ANY COSTS OR DAMAGES ARISING, EITHER DIRECTLY OR
INDIRECTLY, OUT OF ANY SUCH MATTER.
3. General Disclaimer of
Warranties
While we take great care in the Content we provide on
our Site, we do not guarantee the accuracy or
completeness of any Content on or provided in connection
with the Site. Solarpowerhomesusa.com, its affiliates,
consultants, associates, and other users may also
provide information as part of the Content on the Site
("Advice" "Tips" "Recommendations", etc.). You agree
that such Advice, Tips, Recommendations, etc. is
provided for your informational purposes only, and that
you must evaluate, and bear all risks associated with
the use of any Advice, Tips, Recommendations, etc.,
including any reliance on the accuracy, completeness, or
usefulness of such information or content. In this
regard, you acknowledge that you may not rely on any
Advice, Tips, Recommendations, etc.
You agree, in connection
with any use of the Site: to release
Solarpowerhomesusa.com and its officers, employees,
directors, shareholders, and agents, from any and all
claims, demands and damages, of any type and nature,
known or unknown, suspected or unsuspected, disclosed or
undisclosed, arising out of or in any way connected with
use of the Advice by or on behalf of you (including
without limitation disputes of any kind with any parties
dispensing Advice through the Site).
IF YOU INTEND TO USE ANY
ADVICE, TIPS, RECOMMENDATIONS OR INFORMATION OR TO
PURCHASE ANY GOODS OR SERVICES ACCESSED THROUGH THE
SITE, YOU SHOULD CAREFULLY READ THE CAPITALIZED WORDS
SET FORTH BELOW IN THE DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY. ADVICE IS SUBJECT TO ALL OF
TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING THE
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY SET
FORTH BELOW.
USE OF THE SITE IS AT YOUR
SOLE RISK. THE SITE AND CONTENT IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, SECURITY, NON-INTERFERENCE WITH
ENJOYMENT, ACCURACY, INTEGRATION AND ALL WARRANTIES
IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE.
YOU ACKNOWLEDGE THAT EXCEPT AS EXPRESSLY PROVIDED HEREIN
NO OTHER WARRANTIES HAVE BEEN MADE TO YOU BY OR ON
BEHALF OF BV OR OTHERWISE FORM THE BASIS FOR THE BARGAIN
BETWEEN THE PARTIES.
WE MAKE NO WARRANTY, AND
EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE SITE OR
CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE
ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS; (B) THE SITE OR CONTENT WILL BE UP-TO-DATE,
COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR
CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE
SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS. WARNING: Certain home improvement projects
are inherently dangerous, and even the most benign tool,
product, chemical or other material can cause serious
injury or death if not used properly. ALWAYS READ AND
FOLLOW INSTRUCTION MANUALS AND SAFETY WARNINGS, AND SEEK
THE ADVICE OF A QUALIFIED PROFESSIONAL. Be particularly
careful when dealing with electricity. Moreover, always
use common sense. YOU EXPRESSLY AGREE TO HOLD US
HARMLESS FROM ANY PROPERTY DAMAGE, PERSONAL INJURY
AND/OR DEATH, OR ANY OTHER LOSS OR DAMAGE THAT MAY
RESULT FROM YOUR USE OF THE SITE OR CONTENT. No advice,
tips, recommendations or information, whether oral or
written, obtained by you from us or through the Site or
Content, or Solarpowerhomesusa.com or its employees,
consultants and/or experts shall create any warranty not
expressly made herein.
4. Limitation of Liability
IN NO EVENT SHALL WE, OUR EMPLOYEES, EXPERTS,
CONSULTANTS, ADVISORS, OFFICERS, DIRECTORS, AGENTS,
AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED
TO, LOST PROFITS REVENUE, DATA OR USE, LOST GOODWILL, OR
COSTS OF PROCUREMENT OF SUBSTITUTE EQUIPMENT OR
SERVICES) INCURRED BY YOU OR ANY THIRD PARTY, ARISING
OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE OR
YOUR USE THEREOF OR CONTENT THEREON, HOWEVER ARISING,
UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
REGARDLESS OF WHETHER WE AND/OR OUR EMPLOYEES, EXPERTS,
CONSULTANTS, ADVISORS, OFFICERS, DIRECTORS, AGENTS,
AFFILIATES, SUCCESSORS OR ASSIGNS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING THE
FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. THIS
LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED
TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES
WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF
MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION
LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS,
UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY
DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR
PROBLEMS, ANY FORCE MAJEURE AND ANY THIRD-PARTY CLAIMS
AGAINST ANY USER. SOME JURISDICTIONS LIMIT DISCLAIMERS
OF CERTAIN LIABILITIES, SO CERTAIN OF THESE LIMITATIONS
MAY NOT APPLY TO YOU.
5. Indemnification
You agree to defend, indemnify and hold us, our parents,
subsidiaries, affiliates, consultants, advisors,
experts, officers, directors and employees, agents,
successors and assigns harmless from any claim or
demand, liability, judgment, damage, expense or loss,
including reasonable court costs and attorneys' fees,
made by any third party arising out or relating to (a)
your use of or access to the Site or the Content or your
linking to or emailing the Site, (b) the violation of
these Terms of Use by you, or (c) the infringement by
you, or any other person using your passwords or
account, of any intellectual property or other right of
any person or entity or (d) your submission of any
material to Solarpowerhomesusa.com or from any person's
use of any account or password you maintain with any
portion of the Site, regardless of whether such use is
authorized by you.
You acknowledge (a) that
you have read and understood these Terms of Use; and (b)
that these Terms of Use have the same force and effect
as a signed agreement.
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