Terms & Conditions

Terms of Use

Last Updated: May 7, 2022

 

Your Acceptance

Welcome to the Terms of Use for the Company website,
https://calls.live.com/ This is an agreement (“Agreement”) between Call.Live
LLC (“Company"), the owner and operator of the Company website (the
“Site”) and you (“you”, “your” or “user(s)”), a user of the Site.

 

Throughout this Agreement, the words “Company,” “us,” “we,”
and “our,” refer to our company, [Company], as is appropriate in the context of
the use of the words.

 

By clicking “I agree” or accessing the Site you agree to be
bound by this Agreement and the Privacy Policy. We may amend this Agreement at
any time and may notify you if we do so. Please be aware that there are
ARBITRATION AND CLASS ACTION PROVISIONS contained in this Agreement.

Mobile Terms and Conditions

You agree to received automated promotional and personalized marketing text messages from

Calls.Live LLC, including text messages that may be sent using an automatic telephone dialing system,

to the mobile provided during signup and/or provided to your customer service representative.

Consent to receive automated marketing text messages is not a condition of any purchase.

Messaging frequency varies. Messaging and data rates may apply.

To opt-out of the text messaging program, text the keyword STOP, END, CANCEL,

UNSUBSCRIBE, or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL,

UNSUBSCRIBE, or QUIT to our short code or long code, you will receive one additional

message confirming that your request has been processed. For more information, text the

keyword HELP to our shortcode or long code for customer care information. You may also

contact us at info@callslive.com or for additional (239) 351-1599

assistance with your inquiry.

 

USER AGREEMENT

By using this Website, you agree to be bound by and to
comply with these Terms and Conditions and the posted Privacy Policy which is
incorporated herein as though fully set forth herein. Upon entering the
requested information, our technology will forward your information to one of
our participating providers or to an aggregator and their providers who may
contact you regarding your request for services or products. This may be done
automatically and a new window may appear or the provider may contact you directly
by telephone, email or mail as set forth below. WE ARE NOT RESPONSIBLE FOR ANY
ACTIONS AFTER YOU HAVE LEFT THIS WEBSITE. UPON ENTRY INTO AN PARTICIPANT'S
WEBSITE LINKED TO THIS WEBSITE, YOU SHOULD CAREFULLY REVIEW THE Privacy Policy
AND TERMS AND CONDITIONS OF USE OF THAT WEBSITE BEFORE ENTERING ANY PERSONAL
INFORMATION AS THOSE POLICIES AND TERMS WILL DIFFER FROM THESE. In order to
provide you the services you have requested, you are expressly giving your
permission to provide any information collected on this Website to third
parties. As such, you are expressly giving your permission for such third
parties to contact you by mail, email, text messaging or telephone. By
registering and using this Website, you agree that such act constitutes a purchase,
an inquiry and/or an application for purposes of the Amended Telemarketing
Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that
your telephone number may be listed on the Federal Trade Commission's
Do-Not-Call List (or a state do-not-call) list you have authorized us to
contact you via telemarketing in accordance with the ATSR. Moreover, by
registering with, or requesting information from, a third-party provider at or
through the Website or other advertising media made available by us (e.g.,
email marketing), you agree that such action shall constitute a purchase, an
inquiry and/or an application with the respective third-party provider for
purposes of the ATSR and you may be contacted via email, direct mail and/or
telemarketing by such third-party provider in accordance with the ATSR. If, at
any time, you do not wish to be bound by these conditions or you are
unsatisfied with the Website, its content or other legal notices, you agree
that your sole and exclusive remedy is to discontinue using this Website and
you may opt-out using the method given below. You further represent and warrant
that: (i) You are at least 18 years of age and possess the legal authority to
enter into an agreement and to use the Website in accordance with these Terms and
Conditions; (ii) All information supplied by you is true and accurate (without
limitation of the foregoing, the provision of any speculative, incorrect,
misleading, false or fraudulent information is prohibited); (iii) You
understand and agree that Company may share personally identifiable information
and other information provided by, and aggregated information about you and
other users with its vendors, sponsors, providers, service providers and
marketers, lookup and reference services, other unaffiliated third parties, and
other entities that Company believes are able to provide its Website users with
offers and opportunities, as more fully described in the Company's posted
Privacy Policy (iv) You understand that abuse of this Website may result in your
being denied access to such Website, as determined by Company in its sole
discretion; (v) You understand and agree that Company controls only the landing
page and intake forms on this Website. Upon entry of the requested information,
a participating Provider will be contacting you directly to provide you with
information regarding their services. Company shall not be responsible for any
Provider or aggregators contact with you or any subsequent agreement you may
enter into with such Provider or aggregator; and (vi) Your use of the Services
on this Website is subject to all applicable federal, state and local laws and
regulations; (vii) You also give us permission to send you periodic updates of
services and products which may be of interest to you through email, mail, or
telemarketing; You understand that our providers may maintain the information
you submitted to us whether you elect to use their services or not. In the
event you no longer want to receive communications from one of our providers,
you agree to notify the partner directly.

 

Telephone Communications and Agreement/consent to be
Contacted

Call Recording and Monitoring. You acknowledge that
telephone calls to or from the Company, together with its agents and
affiliates, may be monitored and recorded and you agree to such monitoring and
recording purposes.

 

Providing Telephone Numbers and Other Contact Information.

You verify that any contact information provided to the
Company, including, but not limited to, your name, mailing address, email
address, your residential or business telephone number, and/or your mobile
telephone number, is true and accurate. You verify that you are the current
subscriber or owner of any telephone number that you provide via forms or
contacting us directly. You are strictly prohibited from providing a phone
number that is not your own. If we discover that any information provided in connection
with your registration is false or inaccurate, we may suspend or terminate your
account at any time. Should any of your contact information change, including
ownership of your telephone numbers, you agree to immediately notify us before
the change goes into effect by texting STOP to any text message, emailing us at
Erik@calls.live.com

Your Consent to Receive Automated Calls/Texts. You
acknowledge that by voluntarily providing your telephone number(s), you
expressly agree to receive artificial voices, prerecorded voice messages,
and/or autodialed calls and text messages (such as SMS, MMS, or successor
protocols or technologies) from the Company related to promotions, any
transaction, and/or your relationship with Company. You acknowledge that
automated calls or text messages may be made to your telephone number(s) even
if your telephone number(s) is registered on any state or federal Do Not Call
list. You also agree that the Company may obtain, and you expressly agree to be
contacted at, any email addresses, mailing addresses, or phone numbers provided
by you or your representative at any time or obtained through other lawful
means, such as skip tracing, caller ID capture, or other means. You agree to
receive automated calls and text messages from the Company, even if you cancel
your account or terminate your relationship with us, except if you opt-out (see
below). You understand that you do not have to agree to receive automated
promotional calls/texts as a condition of purchasing any goods or services from
our marketing partners/affiliates. To opt-out, please see the opt-out link
below at the bottom of this page or email us at .

 

SERVICES

The Website is an online network marketplace. You understand
and agree that if you submit a request through the Website, we will share your
personal information (such as your full name, address, telephone number, and
financial information) with participating providers in our network to process
and fulfill your request. You understand and agree that we are not a solar
installer, manufacturer or undertake a credit analysis or make credit decisions
in connection with the Service and that we are not a party to any agreement
that you may make with any participating service provider whom you choose to
use or from whom you obtain a solar installation. The participating provider(s)
with whom you contract to assist you is solely responsible for its services to
you. You further acknowledge and agree that we are not acting as your agent or
broker and are not recommending any particular service provider to you. Any
compensation we may receive is paid by the participating service provider for
advertising services we provide to them. We do not charge you a fee to use the
Website. You understand that the requirements for a particular service are made
by the participating service providers and we do not endorse, warrant, or
guarantee the products or service provider or installer. Nothing contained in
this Agreement shall constitute an offer or promise for a loan commitment or
solar installation. You agree that we shall not be liable for any damages or
costs of any type which arise out of or in connection with your use of the service
provider's services. You also give us permission to send you periodic updates
of services and products which may be of interest to you. Please note that
information we provide you either on the website or by email may not be used as
the sole basis for your decision to retain a particular service provider, and
may their services may not meet your particular needs. Please seek the advice
of an appropriate professional for an assessment of the loan information
provided by the lender.

 

Reliance on Information Advertised or Posted

The information presented on or through the Website is made
available solely for general information purposes. We do not warrant or
guarantee the accuracy, completeness, or usefulness of this information. Any
reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed on
such materials by you or any other visitor to the Website, or by anyone who may
be informed of any of its contents.

We reserve the right to withdraw or amend this Website,
advertisements, and any service or material we provide on the Website, in our
sole discretion without notice. We will not be liable if for any reason all or
any part of the Website is unavailable at any time or for any period. From time
to time, we may restrict access to some parts of the Website, or the entire
Website, to users.

The Website may include content provided by third parties,
including materials provided by other users, bloggers, and third-party
licensors, syndicators, aggregators, and/or reporting services. All posts,
advertisements, and/or statements and/or opinions expressed in these materials,
and all articles and responses to questions and other content, other than the
content provided by the Company, are solely the opinions and the responsibility
of the person or entity providing those materials. These materials do not
necessarily reflect the opinion of the Company. We are not responsible, or
liable to you or any third party, for the content or accuracy of any materials
provided by any third parties.

 

CHANGES TO TERMS AND CONDITIONS AND POLICIES

The Website is an online network marketplace. You understand
and agree that if you submit a request through the Website, we will share your
personal information (such as your full name, address, telephone number, and
financial information) with participating providers in our network to process
and fulfill your request. You understand and agree that we are not a solar
installer, manufacturer or undertake a credit analysis or make credit decisions
in connection with the Service and that we are not a party to any agreement
that you may make with any participating service provider whom you choose to
use or from whom you obtain a solar installation. The participating provider(s)
with whom you contract to assist you is solely responsible for its services to
you. You further acknowledge and agree that we are not acting as your agent or
broker and are not recommending any particular service provider to you. Any
compensation we may receive is paid by the participating service provider for
advertising services we provided to them. We do not charge you a fee to use the
Website. You understand that the requirements for a particular service are made
by the participating service providers and we do not endorse, warrant, or
guarantee the products or service provider or installer. Nothing contained in
this Agreement shall constitute an offer or promise for a solar installation.
You agree that we shall not be liable for any damages or costs of any type
which arise out of or in connection with your use of the service provider's services.
You also give us permission to send you periodic updates of services and
products which may be of interest to you. Please note that information we
provide you either on the website or by email may not be used as the sole basis
for your decision to retain a particular service provider, and may their
services may not meet your particular needs. Please seek the advice of an
appropriate professional for an assessment of the proposal provided by the
solar installer.

 

REJECTION, TERMINATION AND CANCELLATION

Company or its participating service provider may reject any
registration or subsequent application from any person with or without cause at
their sole discretion. Your status as a registered user creates only a customer
relationship with Company and does not create an employment relationship, an
independent contractor relationship, an agency relationship, or any other
relationship. You may cancel your request at anytime by sending an e-mail to
Erik@calls.live.com

PROHIBITED USER CONDUCT

A. You are prohibited from any conduct that, in Company's
sole discretion, restricts or inhibits any other user from using or enjoying
the Website or any linked Website. You are prohibited from accessing or
attempting to access private areas of the Website or any other user's
information. You are prohibited from impersonating any person or entity or
otherwise falsely stating or misrepresenting your affiliation with a person or
entity.

B. You are prohibited from using any data, content, and any
information provided or used on the Website, as well as your use of our
Website, products and services which will infringe or facilitate infringement
on any copyright, patent, trademark, trade secret, or other proprietary,
publicity, or privacy rights of any person or entity, including third-parties.
You are prohibited from using any data, content or information which contains
or promotes any viruses, Trojan horses, worms, time bombs or other computer
programming or code that is designed or intended to damage, destroy, intercept,
download, interfere, manipulate, or otherwise interrupt or expropriate the
Website, data, personal information, software, equipment, servers or content or
facilitate or promote hacking or similar conduct. You are prohibited from
harvesting, sweeping, or use any other means, to collect information about
users of the Website; Use automated means, including spiders, robots, bots,
scripts, crawlers, or the like, in connection with any activity on the Website;
Resell, assign, sublicense, otherwise transfer, or delegate your rights or
obligations under these Terms and Conditions without the prior express written
authorization of Company; Modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform, link, display or
in any way exploit any Website content; or except as otherwise expressly
permitted on the Website, use any information you may obtain from the Website
(including without limitation, user information) to send any other person
unsolicited messages, commercial or otherwise, by electronic, telephonic,
postal or other means.

 

MARKETING MATERIALS

By signing up at the Website, you are giving your consent to
receive promotions or newsletters from Company, our affiliates and/or
third-party marketers. If you do not wish to receive these emails, you may
request to be removed by using the opt-out mechanism listed in the email
messages you receive. To opt-out of email promotions from Company alone, you
may simply use our convenient Opt-Out Page located at the bottom of the first
page of the Website. Please note that exercising an opt-out mechanism only applies
to the company with which you exercised that right.

 

THIRD PARTY CONTENT/PROMOTIONS, THIRD PARTY PRODUCTS, AND
THIRD PARTY WEBSITE ACTIVITIES

The Website may display and make available content,
promotions, advertisements, and offers provided by third parties ("Third
Party Promotions"), as well as goods and services offered by third parties
("Third Party Products"). You understand and agree that Company shall
not be responsible and shall have no liability for any Third Party Promotion or
Third Party Product or for your activities on any third party Websites for whom
Company displays offers ("Third Party Website Activity"), and that
you participate in or choose to click on a Third Party Promotion, purchase
and/or use a Third Party Product, or participate in a Third Party Website
Activity solely at your own risk. You agree that your sole remedy in connection
with any Third Party Promotion, Third Party Product or Third Party Website
Activity will be with the applicable Third Party offering the Third Party
Promotion, Third Party Product or Third Party Website Activity and that you
shall have no remedy against Company arising from your use of or participation
in, or inability to use or participate in, any Third Party Promotion, Third
Party Product or Third Party Website Activity.

 

RELATIONSHIP WITH MARKETING PROVIDERS

This is an independent Website and is not affiliated with
any of the listed products or services. Trademarks, service marks, logos,
and/or domain names are the property of their respective owners, who have no
association with or make any endorsement of the products or services provided
by this Website. Furthermore, participating service providers are independent
third parties and this Website is not acting as a principal, agent or broker
with respect to any providers.

 

Information Submission

Portions of the Site may allow you to submit information to
us. You must fully complete the information submission process by providing us
with your current, complete, truthful, and accurate information as prompted by
the applicable form.

 

Content Disclaimer

Company is an online marketing company that participates in
a network of service providers that may sell you certain solar-related products
and services for use in your home or commercial property. Company does not sell
products or services, nor do we provide customer service for services or sold
products. If you agree to utilize the services or products offered, you are
entering into a contractual relationship with a third-party provider that is a
part of our network. Company does not make any representations of warranties
with respect to any product or service sold on this Site or otherwise.

 

You agree to the use of this Site at your own risk.
Likewise, you agree that supplies and products purchased through this Site or
otherwise can cause harm; thus, you assume the risk associated with that harm
and grant Company a full liability release with respect to your usage of this
Site, the products purchased on this Site, and the use of such products by you.
Company disclaims all implied warranties, including and not limited to implied
warranties of merchantability and fitness for a particular reason. You agree
that the Company Content (defined in Section 4 herein) may be inaccurate,
unsubstantiated, cause irreparable harm to your devices used for accessing this
Site, or possibly even incorrect. You agree to release us from any liability
that we may incur for making available any Company Content. You further release
us from any claims of damages that could arise from the use of the Site,
including, but not limited to, indirect, direct incidental, punitive, and
consequential damages.

 

Ownership

The Site and any related services provided are owned and
operated by Company including all text, data, graphics, photographs, images,
audio, video, trademarks, service marks, trade names and other information,
visual or other digital material, software (including source and object codes)
and all other content or any description available on the Site or available via
a link from Site to a page created by Company on another website (collectively,
the "Company Content"). The Company Content is the sole property of
Company and/or its licensors. All Company Content is protected by US and
international copyright, trademark, service-marks, patents, trade secrets and
other proprietary rights and laws. Use of the Company Content for any purpose
not expressly permitted in this Agreement or otherwise consented to by Company
is prohibited. You may not otherwise copy, reproduce, perform, distribute,
display or create derivative works of the Company Content.

 

Privacy

Please read Company’s Privacy Policy for more information
regarding our collection and use of your information. The Company Privacy
Policy is integrated into this Agreement, by reference and you must agree to
all provisions of our Privacy Policy before using our Site. You may not be
required to create a user account when you use our Site; however, we may
collect information from you when you submit an inquiry or comment through the
Site.

 

Site Availability and Modification

Although we attempt to provide continuous Site availability
to you, we do not guarantee that the Site will always be available, work, or be
accessible at any particular time. We reserve the right to alter, modify,
update, or remove our Site at any time. We may conduct such modifications to
our Site for security reasons, intellectual property, legal reasons, or various
other reasons at our discretion; however, nothing in this section obligates us
to take measures to update the Site for security, legal, or other reasons.

 

Third Party Links

The Site may contain links to third party websites that are
not owned or controlled by Company. Company has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party websites. In addition, Company will not and cannot censor or edit the
content of any third-party site. By using the Site, you expressly relieve
Company from any and all liability arising from your use of any third-party
website.

 

Your Conduct While Using The Site

When accessing or using our Site, you are solely responsible
for your actions, and you agree to abide by the following rules of conduct:

 

You will not copy, distribute or disclose any part of the
Site in any medium, including without limitation by any automated or
non-automated “scraping;”

You will not attempt to interfere with, compromise the
system integrity or security, or decipher any transmissions to or from the
servers running the Site;

You will not use any robot, spider, crawler, scraper or
other automated means or interface not provided by us to access the Site or to
extract or export data collected through the Site;

You will not take any action that imposes, or may impose at
our sole discretion, an unreasonable or disproportionately large load on our
infrastructure;

You agree not to use the Site to stalk, harass, bully or
harm another individual;

You agree that you will not hold Company responsible for
your use of the Site;

You agree not to violate any requirements, procedures,
policies or regulations of networks connected to Company;

You agree not to interfere with or disrupt the Site;

You agree to not violate any US federal laws, state laws, or
local laws while using the Site; and

You agree not to use the Site in any way that is:
misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

 

If you are discovered to be undertaking any of the
aforementioned actions your privileges to use our Site may at our discretion be
terminated or suspended. Generally, we will provide an explanation for any
suspension or termination of your use of any of our Site, but Company reserves
the right to suspend or terminate your access at any time without notice or
explanation.

 

User Content

A user’s ability to submit or transmit any information
through the Site, including but not limited to text, information, photos,
images or any other information will be referred to as “User Content”
throughout this Agreement. All User Content you submit to the Site is owned by
you. When you submit any User Content to us, you grant Company its partners,
affiliates, users, representatives and assigns a non-exclusive, limited,
fully-paid, royalty-free, irrevocable, world-wide, universal, transferable,
assignable license to display, distribute, store, broadcast, transmit,
reproduce, modify, prepare derivative works, or use and reuse, all or any part
of your User Content. Please be aware that we are not required to host,
display, migrate, or distribute any of your User Content and we may refuse to
accept or transmit any User Content. You agree that you are solely responsible
for any User Content submitted and you release us from any liability associated
with any User Content submitted. You understand that we cannot guarantee the
absolute safety and security of any such User Content. Any User Content found
to be in violation of this Agreement or that we determine to be harmful to the
Site may be modified, edited, or removed at our discretion. Company does not
endorse and may not verify, monitor, or restrict any of its users or any User
Content submitted. You agree that any User Content or any other information may
be inaccurate, unsubstantiated or possibly even incorrect.

 

Limitation of Liability; Representations and Warranties

Except as expressly set forth herein, Company is not
responsible for any incorrect or inaccurate information or entry of
information, whether caused by users of the Website or by any of the equipment
or programming associated with or utilized in connection with the Website or
the products or services provided on or through the Website, or by any
technical or human error which may occur in the processing of information
received by Company. Company assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or authorized access to, or
alteration of, information received or submitted in connection with the
Website. Company is not responsible for any problems, errors or technical
malfunction of any telephone network or lines, computer on-line systems,
servers or providers, computer equipment, or software, or any failure of email
on account of technical problems or traffic congestion on the Internet or at any
Website or combination thereof, including injury or damage to participants or
to any other person's computer related to or resulting from use of the Website
or Website Content.

 

THIS WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED
"AS IS'' AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COMPANY, AND
ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, ADVERTISERS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND
ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS,
OR OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES
OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR GUARANTEE THAT
ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF INFECTION BY
VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR
DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL
BE UNINTERRUPTED OR ERROR-FREE.

 

Your correspondence or business dealings with any third
parties as a result of your use of this Website and participation in the
Service, including, but not limited to, business dealings with service
providers, or any other terms, conditions, warranties, representations
associated with such dealings, are solely between you and such third party. You
agree that Company shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the presence
of such a third party on the Website.

 

USE OF THIS SITE INCLUDING ANY COMPANY CONTENT, IS AT YOUR
EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY
WITH YOU. THE SITE INCLUDING ANY COMPANY CONTENT ARE PROVIDED "AS
IS", “AS AVAILABLE', “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
SPECIFICALLY, COMPANY DOES NOT MAKE ANY WARRANTY AS TO THE RELIABILITY, ACCURACY,
TIMELINESS, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY COMPANY CONTENT. COMPANY
DOES NOT WARRANT THAT THE SITE AND ANY COMPANY CONTENT WILL BE: (1)
UNINTERRUPTED OR ERROR FREE; (2) FREE FROM DEFECTS OR ERRORS; OR (3) FREE FROM
VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW,
WE (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES AND EMPLOYEES) ARE
NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES
(INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, OR OTHER
INTANGIBLE LOSSES OR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES)
RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF
DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THE EVENT
THAT YOUR JURISDICTION DOES NOT ALLOW US TO EXCLUDE ALL LIABILITY, YOU AGREE
THAT OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED $100 USD. THIS LIMITATION OF
LIABILITY DOES NOT APPLY TO NEW JERSEY USERS, OUR LIABILITY TO NEW JERSEY USERS
IS THE MINIMUM AMOUNT REQUIRED UNDER NEW JERSEY STATE LAW. SPECIFICALLY, IN
THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (A) DEATH OR
PERSONAL INJURY CAUSED BY COMPANY’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS,
EMPLOYEES OR AGENTS; (B) FRAUDULENT MISREPRESENTATION; OR (C) ANY LIABILITY
WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WE DO NOT OFFER
OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR
CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY
INFORMATION PROVIDED BY US. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND
MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY,
COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. WE ARE NOT AFFILIATED WITH ANY
GOVERNMENTAL AUTHORITY, WHETHER FEDERAL, STATE, OR LOCAL, NOR DO WE SELL
SERVICES OR PRODUCTS TO CONSUMERS. ALL SERVICES OR PRODUCTS MUST BE PURCHASED
THROUGH OUR THIRD PARTY NETWORK MEMBERS.

 

Release

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A
SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE,
CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE
APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.
YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE
SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOU RELEASE US FROM ANY
LIABILITY RELATING TO OUR SITE OR COMPANY CONTENT, AND YOU RELEASE US, OUR
DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS FROM ANY CLAIMS AND
DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY
CLAIM YOU HAVE AGAINST US. THIS RELEASE DOES NOT APPLY TO NEW JERSEY USERS.

 

Indemnity

You agree to defend, indemnify and hold harmless Company,
its officers, directors, employees, affiliates, and agents, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees) arising from:

your use of any Company Content;

your violation of any term of this Agreement; and

your use of the Company Site.

 

This defense and indemnification obligation will survive
this Agreement. You also agree that you have a duty to defend us against such
claims and we may require you to pay for an attorney(s) of our choice in such
cases. You agree that this indemnity extends to requiring you to pay for our
reasonable attorneys’ fees, court costs, and disbursements. In the event of a
claim such as one described in this paragraph, we may elect to settle with the
party/parties making the claim and you shall be liable for the damages as
though we had proceeded with a trial.

 

Copyrights

We take copyright infringement very seriously, if you live
within the US or own any copyrighted material within the US and believe that
your copyright has been infringed, please send us a message which contains:

Your name.

The name of the party whose copyright has been infringed, if
different from your name.

The name and description of the work that is being
infringed.

The location on our website of the infringing copy.

 

A statement that you have a good faith belief that use of
the copyrighted work described above is not authorized by the copyright owner
(or by a third party who is legally entitled to do so on behalf of the
copyright owner) and is not otherwise permitted by law.

 

A statement that you swear, under penalty of perjury, that
the information contained in this notification is accurate and that you are the
copyright owner or have an exclusive right in law to bring infringement
proceedings with respect to its use.

 

You must sign this notification and send it to our Copyright
Agent: Copyright Agent of Company, Erik@calls.live.com

 

Choice of Law

This Agreement shall be governed by the laws in force in the
State of Utah. The offer and acceptance of this contract is deemed to have
occurred in the State of Utah.

 

Forum

By using this Site, you agree that: (1) any claim, dispute,
or controversy you may have against us, Company, or the Site arising out of,
relating to, or connected in any way with this Agreement or any products
purchased shall be resolved exclusively by final and binding arbitration
administered by the American Arbitration Association (“AAA”) and conducted
before a single arbitrator pursuant to the applicable Consumer Rules and
Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute
must be brought within one (1) year of the first date of the event giving rise
to such action (does not apply to New Jersey users) and the arbitration shall
be held in Salt Lake City, UT or at such other location as may be mutually
agreed upon by you and Company; (3) the arbitrator shall apply Utah law
consistent with the Federal Arbitration Act and applicable statutes of
limitations, and shall honor claims of privilege recognized at law; (4) there
shall be no authority for any claims to be arbitrated on a class or
representative basis; arbitration can decide only your and/or Company ’s
individual claims; and the arbitrator may not consolidate or join the claims of
other persons or parties who may be similarly situated (this does not apply to
New Jersey users); (5) both parties will bear their own costs of representation
and filing for the dispute; (6) where possible and allowed for under the AAA
Rules and Procedures both parties shall be entitled to appear electronically or
telephonically for all proceedings; and (7) with the exception of subpart (4)
above, if any part of this arbitration provision is deemed to be invalid,
unenforceable or illegal, or otherwise conflicts with the Rules and Procedures
established by AAA, then the balance of this arbitration provision shall remain
in effect and shall be construed in accordance with its terms as if the
invalid, unenforceable, illegal or conflicting provision were not contained
herein. If, however, subpart (4) is found to be invalid, unenforceable or
illegal, then the entirety of this Arbitration Provision shall be null and
void, and neither you nor Company shall be entitled to arbitrate their dispute.
For more information on AAA and its Rules and Procedures, users may visit the
AAA website at http://www.adr.org. In the event that any portion of this
arbitration provision is found to be unenforceable or void, both parties agree
to settle any disputes arising out of this Agreement in a court of competent
jurisdiction located Salt Lake City, UT.

 

Class Action Waiver

You and Company agree that any proceedings to resolve or
litigate any dispute whether through a court of law or arbitration shall be
solely conducted on an individual basis. You agree that you will not seek to
have any dispute heard as a class action, representative action, collective
action, or private attorney general action.

 

Severability

In the event that a provision of this Agreement is found to
be unlawful, conflicting with another provision of the Agreement, or otherwise
unenforceable, the Agreement will remain in force as though it had been entered
into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other
agreement you may have with Company are deemed to conflict with each other’s
operation, you agree that Company shall have the sole right to elect which
provision remains in force.

 

Non-Waiver

We reserve all rights permitted to us under this Agreement
as well as under the provisions of any applicable law. Our non-enforcement of
any particular provision or provisions of this Agreement or any applicable law
should not be construed as our waiver of the right to enforce that same
provision under the same or different circumstances at any time in the future.

 

The failure by Company to exercise or enforce any right or
provision of the Agreement shall not constitute a waiver of such right or
provision. If any provision of the Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Agreement remain in full force and
effect.

 

This Agreement constitutes the entire agreement between you
and Company and governs your use of the Website and Service, superseding any
prior agreements. You also may be subject to additional terms and conditions
that may apply when you use or purchase other Company services, affiliated
services, third-party content or third-party software.

 

STATUTE OF LIMITATIONS.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE
CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE
SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR
CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR
RECORDS.

Survival

 

All provisions of this Agreement which by their nature
should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity, and
limitations of liability. You agree that we are not required to provide you
with access to our Site and may terminate our Site or your access to the Site
at any time and for any reason.

 

Age

All users who access the Site must be 18 years of age or
older.

 

Order Acceptance Policy

Your receipt of an electronic or other form of order
confirmation does not signify our acceptance of your order, nor does it
constitute confirmation of our offer to sell. Company reserves the right at any
time after receipt of your order to accept or decline your order for any reason
or to supply less than the quantity you ordered of any item.

   

Assignment

You may not assign your rights and/or obligations under this
Agreement to any other party without our prior written consent. We may assign
our rights and/or obligations under this Agreement to any other party at our
discretion.

 

Amendments

We may amend this Agreement from time to time. When we amend
this Agreement, we will update this page and indicate the date that it was last
modified or we may email you. You may refuse to agree to the amendments, but if
you do, you must immediately cease using our Site.

 

Electronic Communications

The communications between you and Company use electronic
means, whether you visit the Site or send Company emails, or whether Company
posts notices on the Site or communicates with you via email. For contractual
purposes, you (1) consent to receive communications from Company in an
electronic form; and (2) agree that all terms, conditions, agreements, notices,
disclosures, and other communications that Company provides to you
electronically satisfy any legal requirement that such communications would satisfy
if it were to be in writing. The foregoing does not affect your statutory
rights.

 

California Users

Pursuant to California Civil Code Section 1789.3, any
questions about pricing, complaints, or inquiries must be sent to our agent for
notice to: Erik@calls.live.com

Lastly, California users are also entitled to the following
specific consumer rights notice: The Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer Affairs may be
contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by
telephone at (916) 445-1254 or (800) 952-5210.

26. Digital Millennium Copyright Act of 1998.

 

The Digital Millennium Copyright Act of 1998

(the “DMCA”) provides recourse for copyright owners who
believe that material appearing on the Internet infringes their rights under
the U.S. copyright law. If you believe in good faith that materials hosted by
Company infringe your copyright, you, or your agent may send to Company a
notice requesting that the material be removed or access to it be blocked. Any
notification by a copyright owner or a person authorized to act on its behalf
that fails to comply with requirements of the DMCA shall not be considered
sufficient notice and shall not be deemed to confer upon Company actual
knowledge of facts or circumstances from which infringing material or acts are
evident. If you believe in good faith that a notice of copyright infringement
has been wrongly filed against you, the DMCA permits you to send to Company a
counter-notice. All notices and counter notices must meet the then current
statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright
for
details. Company Copyright Agent for notice of claims of copyright
infringement or counter notices can be reached as follows: Erik@calls.live.com

ADVERTISING DISCLOSURES

Typical bill savings estimates are based on 20-year savings
with a 5kW solar system. These estimates assume a utility inflation rate of
2.2% and assume 84% percent of needs are met by solar panels. The electricity
rates used are state averages as of September of 2016 (according to EIA).
Ownership of the solar system and panels is also assumed. Typical savings may
vary according to roof, shading, and other home properties.

A consumer's eligibility to have the costs of their solar
installation covered in their state will depend on their tax liability. The
Federal ITC is a 26 percent tax credit (as of 2022) on residential (under
Section 25D) and commercial (under Section 48) properties that is available in
states across America (see
https://www.seia.org/initiatives/solar-investment-tax-credit-itc). The average
cost of installing solar in terms of labor is around 10% of system costs* and
can vary by state, project scope, and installation company. In most cases, a
consumer will have more than enough credit to cover the cost of their solar
installation provided they have enough tax liability to take advantage of the
ITC.

*A typical or average size of a solar system is about 5kW
(about 15-25 panels) and typically costs around $30,000. This amount can vary
tremendously by state and the project scope. The Lawrence Berkeley National
Laboratory (LBNL) estimates that the average cost of labor for a solar project
is around $0.59/W, which is generally around 10% of the total cost to install a
solar system (assuming a solar system and installation cost of $6.19/W). This
means that the average cost to install a typical-sized solar system should be
around $3,000. These estimates are subject to change as technological
breakthroughs are constantly bringing the cost of solar lower and lower.

A consumer's eligibility to get paid to install solar will
also depend on rebates and incentives available in their state, their utility
company, and tax liability. Eligible users can receive payments in the form of
$/watt of solar installed (depending on their utility provider), in the form of
a monetary payment for projects that are within a certain scope, in the form of
monetary compensation, or otherwise, from utility providers that offer net
metering programs, or in the form of a credit on your income taxes (provided
you have enough tax liability to take advantage). All payments are subject to
terms, eligibility, and availability and can change over time.

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