Subscription Agreement
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Subscription Agreement


Subscription Agreement

Welcome to Solarbuzz.com. In order for you to obtain the services provided by Solarbuzz, LLC. ("Company"), you must agree to and accept the terms and conditions of this agreement ("Agreement"). Please read this Agreement carefully. It is important that you understand that, upon your acceptance of this Agreement, it becomes a legally binding contract.

At the end of the Agreement, upon your review of all of the terms and conditions, you will be presented with an "I ACCEPT" button. By clicking on the "I ACCEPT" button you represent that you have reviewed and understand the Agreement and agree to be legally bound by all its terms and conditions. By accepting the terms and conditions of the Agreement, you also accept and agree to abide and be bound by the Terms of Use , which govern the use of the solarbuzz.com site. If you do not agree with, or are not willing to be bound by, the terms and conditions of this Agreement and Terms of Use, please do not click on the "I ACCEPT" button and do not seek to use the Services. In the event of a conflict between the Agreement and Terms of Use the Agreement shall control.

Registration and Reserved Rights of Company

Following your acceptance of this Agreement, you may initiate the registration process for the Services by completing the Registration Form that will be presented to you after you accept this Agreement. Upon registration you will be assigned a password that will allow you to access and utilize the Services. You agree and acknowledge that the Company reserves the right, in its sole discretion, to reject your registration for the Services without any further obligation to you at which time this Agreement is deemed to terminate immediately without any further obligations by Solarbuzz.

Payment of the Services Fees

In consideration of your access to and utilization of the Services, you agree to pay to the Company a fee in amount of $500 US dollars. This fee will be charged to a credit card provided by you at the time of registration. Please note that the Services fee is non refundable.

Privacy

Before submitting any personal information we encourage you to review our Privacy Statement summarizing our information collection practice.

Your Obligations

You shall not give, transfer, assign, sell, resell or otherwise dispose of your Solarbuzz password to any third party. This obligation shall survive the termination or expiration of this Agreement. You shall comply with all applicable laws and regulations in connection with your access and utilization of the Services. You shall not access and/or utilize the Services for illegal purposes and shall not interfere or disrupt any network connected with the Services. You shall not transfer, distribute, provide, share or otherwise make available the Services, either in tangible or electronic form, to any third party during and/or after the termination or expiration of this Agreement.

Proprietary Rights

The Services and any content that comprise the Services are proprietary to Company, its partners and/or third parties. You agree and acknowledge that you may use the Services only pursuant to the terms and conditions of this Agreement and the Terms of Use. You further acknowledge that the Services and this web site are protected by U.S. copyright law and international treaties. Company, its partners and/or third parties shall retain all of their respective rights, titles and interests in and to all intellectual property embodied in or associated with the Services.

License Grant

You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, reproduce and print a single copy of the content comprising the Services provided that such actions (i) are necessary to utilize the Services; (ii) do not interfere with Company's business; and (iii) do not involve removing or obscuring the copyright notice or other notices displayed on such content. Any rights not expressly granted herein are reserved.

Infringement Indemnity

If the Services or any part thereof becomes, or in Company's reasonable opinion is likely to become, the subject of any claim, suit, or proceeding arising from or alleging infringement of, or in the event of any adjudication that the Services or part thereof infringes on, any United States patent or copyright of any third party, Company, at its option and own expense, shall take one of the following actions:

· Secure for you the right to continue using the Services or part thereof;

· Replace or modify the Services or part thereof to make them non-infringing; or

· Terminate this Agreement and all rights granted hereunder to you with respect to the Services.

THE ABOVE REMEDIES ARE THE SOLE AND EXCLUSIVE LIABILITY OF COMPANY AND ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU AGAINST COMPANY IN THE EVENT OF SUCH ACTION OR THREATENED INFRINGEMENT.

Disclaimer of Warranties and Limitation of Liabilities

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT OF ANY RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS OF ANY KIND). THE CONTENT AND SERVICES MAY INCLUDE INACCURACIES, OUTDATED INFORMATION, DEFECTS, OMISSIONS AND/OR OTHER ERRORS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE CONTENT OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY SERVICE, REPAIR, REPLACEMENT AND/OR CORRECTION OF ANY OF YOUR COMPUTER HARDWARE, SOFTWARE AND/OR ANY OTHER PROPERTY WHATSOEVER, WHETHER OR NOT COMPANY IS AT FAULT.

COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR ANY SERVICES WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AND COST OF ANY SUCH INTERRUPTIONS, ERRORS OR DEFECTS.

THE PRICE DATA PROVIDED AS PART OF THE SERVICES ARE FOR INFORMATIONAL PURPOSE ONLY. NO WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE PRICES POSTED. THE PRICE DATA MAY OR MAY NOT INCLUDE OR REFLECT COMPONENTS SUCH AS DELIVERY AND SHIPMENT COSTS, DISCOUNTS, TAXES, BULK TRANSACTIONS OR OTHER PRICE ADJUSTMENTS. YOU RELY ON THE PRICE DATA AT YOUR OWN RISK. IT IS RECOMMENDED THAT YOU VISIT THE WEB SITES OF VENDORS WHOSE PRICE DATA ARE DISPLAYED TO VERIFY THE PRICES AND THEIR COMPONENTS BEFORE YOU RELY ON THEM.

IN NO EVENT SHALL COMPANY BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES ACKNOWLEDGE THAT THE CONSIDERATION BARGAINED FOR IN THIS AGREEMENT WAS AGREED BASED UPON THE FOREGOING LIMITATION OF LIABILITY. SUBJECT TO THE FOREGOING, COMPANY'S MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES IN CONNECTION WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT OF THE ANNUAL SERVICES FEE PAID BY YOU TO COMPANY PURSUANT TO THIS AGREEMENT WITH RESPECT TO THE MOST RECENT TWELVE MONTH PERIOD.

Right to Provide Web Site Content in Printed Form

Company may, in its sole discretion, deliver the Services content to you in printed form in the event the Services become inaccessible electronically. Notwithstanding the foregoing, nothing in this Agreement requires Company to deliver the Services content in printed form if the Services are inaccessible electronically.

Term

This Agreement shall be effective as of the date you accept it and for a period of one (1) months thereafter starting with the first day of the month following the month you accept this Agreement. Company may terminate this Agreement if you fail to cure to the satisfaction of Company any breach of this Agreement within thirty (30) days after receiving a written notice of such breach. Upon termination of this Agreement, you shall immediately cease using the Services.

Your obligations, summarized in the "Your Obligations" Section of this Agreement, shall survive the termination of this Agreement.

Governing Law, Dispute Resolution and Severability

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of law principles. Any disputes or controversies arising out of the Agreement shall be subject to the exclusive jurisdiction of the federal courts of the United States of America and/or the state courts of California and the venue for such disputes shall rest solely in San Francisco County, California. Any provision of the Agreement that is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from the Agreement in that jurisdiction without in any way invalidating the remaining provisions of the Agreement. The unenforceability of any provision in a given jurisdiction shall not render that provision unenforceable in any other jurisdiction. By clicking the "I ACCEPT" button below, you acknowledge and agree that you are entering into a binding contract with Company and that you shall be bound to the preceding terms and conditions in the same manner as if you had affixed your signature to a contract in writing.

 


Subscription Agreement

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