This Terms of Use Agreement sets forth the standards of use of the Solar Calculator Smartphone Application (“Product”). By using the Solar Calculator application you (“the User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should not continue usage the application. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted here. Your continued use of the Service and Product after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.

1.Description of Product and Service

Solar Calculator provides the User with an application that provides User estimations about PV solar installations. Some of the application’s features utilize the cell phones service and data services. User is responsible for any fees related to these related to the cell phone service and data services. User may choose to use Solar Calculator’s network of industry professionals to gather further information by submitting their information when requested.

2. Membership Terms

Solar Calculator does not charge any fee for the User to access the application. The User can opt to download the Smartphone application Product at no charge and use the available features at no charge.

3. Corporate Contact

You can use this element to explain to visitors what you do or inform them about other subjects. For instance, what is your passion and why or what does your company offer, i.e. products and services. You can hide this element in the menu on the right

4. Disclaimer of Warranties

The Service and Product are provided by Solar Calculator on an ‘as is’ and on an ‘as available’ basis. To the fullest extent permitted by applicable law, Solar Calculator makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Service and Product in terms of its correctness, accuracy, reliability, or otherwise. Solar Calculator shall have no liability for any interruptions in the use of the Product or Service. Solar Calculator disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable. Solar Calculator does not warrant that its Product or Service will operate error-free or that its application, website and server are free of computer viruses and other harmful goods. If the User’s use of Solar Calculator’s Product or Service results in the need for servicing or replacing equipment or data, Solar Calculator is not responsible for those costs.

5. Limitation of Liability

SOLAR CALCULATOR SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SOLAR CALCULATOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE APPLICATION OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SOLAR CALCULATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

6. Indemnification

Users agree to indemnify and hold Solar Calculator, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by a User, or other User of the Service using the Solar Calculator app, of any intellectual property or any other right of any person or entity.

7. Rules & Responsibilities

Users agree to not use the Service to: (i) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a Solar Calculator official, forum leader, guide or host, or falsely state or otherwise misrepresent User’s affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (v) upload, post, email or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose; (viii) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; or (x) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service. Solar Calculator shall have the right, but not the obligation, to monitor the content of the Solar Calculator website, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Solar Calculator and to satisfy any law, regulation or authorized government request. Solar Calculator shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Solar Calculator website.

8. Modifications and Interruption to Service or Product

Solar Calculator reserves the right to modify or discontinue the Service and Product with or without notice to a User. Solar Calculator shall not be liable to a User or any third party should Solar Calculator exercise its right to modify or discontinue the Service, Product, or any of the Product Features at any time. Member acknowledges and accepts that Solar Calculator does not guarantee continuous, uninterrupted or secure access to our website or product and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

9. Governing Jurisdiction of the Courts of Colorado

Our application is operated and provided in the State of Colorado. As such, we are subject to the laws of the State Colorado, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our application other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Colorado.

10. Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Copyright Information

All content included or available in the Solar Calculator product application and website including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of Solar Calculator and/or third parties protected by intellectual property rights. Any use of materials on the website or application, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Solar Calculator is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy Solar Calculator web pages or the content contained therein without prior written permission of an authorized officer of Solar Calculator.

12. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Solar Calculator, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.