These Terms & Conditions ("Terms") are a binding legal agreement between you and State Renewable Energy, LLC, (“SRE”), a New Jersey Limited Liability Company with a mailing address of 139 E Main St, #1142, Tuckerton, NJ 08087, regarding your use of SRE website – www.StateRenewable.Energy – (“Website”) and SRE social channels (“Social”). Please read these Terms carefully.
Service. SRE agrees to use its time, energy, knowledge, and experience to identify providers of solar products and services who may be interested in providing their solar products or services to you for your expressed need or any other potential need whether or not expressed. Service is limited to introducing you to potential third-party product and/or service providers. That limitation is not affected or modified by SRE follow-up communications or any efforts by SRE to determine the outcome of the introduction or facilitate the continued communications or scheduling between you and any third-party product or service provider. SRE is expressly not a party to any negotiations or contract you may enter into with any third-party provider of solar product and/or services. Service and scope of this agreement is limited to identification of such third-party providers of solar products and services, introduction between you and them, and scheduling a meeting or communication between you and those third parties plus any follow up in effort that you consummate your introduction. While SRE agrees to use the best effort to identify such third parties, representations, guarantees, warranties of suitability or fitness for a particular purpose, or any other legal liability arising out of SRE’s choice of third party or your use of their product or service. SRE does not confirm any information, legal status, licensing, or any other qualification or credential of the third parties SRE introduces to you. SRE relies upon the information that such third parties provide publicly. SRE is not a party to or third-party beneficiary of any contract you may enter into with such third parties. These limitations, waivers, releases, indemnifications, and agreements to defend are not modified, vitiated, or limited by any agency, employment, or relationship that SRE may have had, has, or may enter into with any solar manufacturer, service provider, or product provider. You understand and acknowledge that in lieu of charging you for SRE Service, agreements for compensation from the third parties SRE introduces you to or whose relationships with such third parties. It is an essential term of this agreement that SRE shall not suffer any liability, cost, or duty to defend claims, counterclaims, cross-claims, or third-party claims of any kind arising out of any contract that you may enter into with third-parties to this agreement whether or not such contract results from or arises out of this agreement and/or service. Thus, the suitability, reliability, knowledge, experience, and trustworthiness of any third-party SRE introduces you to is a matter that you must ascertain and confirm through your own due diligence, and you shall not rely upon any claims or representations SRE makes about such third-parties in negotiating or entering into any contract with such third-parties. You agree to provide all available personal information and release the same for use, releasing, and indemnifying SRE from any and all claims or liabilities in connection with, pertaining to, or arising out of that information or its use by SRE or third parties to whom such information is transmitted or released. Your release and indemnification of SRE is absolute and includes claims of negligence by SRE in the storage or transmission of that information and SRE’s discretion and choice of third parties who receive such information and any methods or tools to accomplish the same.
Termination. SRE may terminate or suspend your service, account, or ability to use the Website and/or Social, in whole or in part, at SRE’s sole discretion for any or no reason, and without notice or liability of any kind.
Disclaimers and Liability. WEBSITE AND SOCIAL CONTENT IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. SRE MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS STATUTORY, OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE WEBSITE AND SOCIAL; (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE WEBSITE’S OR SOCIAL’S CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF INFORMATION LISTED ON THE WEBSITE AND SOCIAL; AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH AND/OR SOLD ON THE WEBSITE AND SOCIAL, AND SRE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED WITH RESPECT THERETO, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; IN NO CASE SHALL SRE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, SOCIAL, OR SERVICES THEREON, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT OR SERVICE CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SRE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnity. You agree to indemnify SRE and its agents and representatives from and against any and all liabilities, expenses 9including attorneys’ fees and damages from any claim or demand made by any third-party due to or arising out of (i) your use of Service, access or use of the Website and/or Social, or use of the products and services sold thereon, (ii) your violation of the Terms, or (iii) the infringement by you, or any third-party using your account, of any intellectual property or other right of any person or entity.
Consent to Electronic Communications. By using the Service, you consent to receiving electronic communications from SRE. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that SRE sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
SMS Terms and Conditions. On occasion, SRE may send you text messages about the Service. The maximum number of texts you will receive is ten (10) messages per month. This number may be higher if you choose to make this your ideal method of communication. Compatible carriers include the following: AT&T, Boost, CellCom, ClearSky, C-Spire Wireless, Google Voice, Interop, Metro PCS, NTelos, Sprint, T-Mobile®, U.S. Cellular, Verizon Wireless, and Virgin Mobile.
Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless carrier may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather. The wireless carrier does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.
Reply CANCEL to opt-out of receiving text messages from SRE. Message and data rates may apply.
Use of Website and Social. You affirm that you are either eighteen (18) years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are able and competent to enter into the Terms.
ANY MATERIAL THAT YOU SUBMIT OR UPLOAD TO PUBLIC OR COMMON AREAS OF SOCIAL, INCLUDING PHOTOGRAPHS OF YOURSELF OR YOUR HOUSE, MAY BE PUBLICLY AVAILABLE. IF YOU DO NOT WANT ANY MATERIAL TO BE AVAILABLE TO OTHERS, DO NOT UPLOAD OR OTHERWISE SUBMIT THAT MATERIAL TO ANY PUBLIC OR COMMON AREA OF SOCIAL. SRE takes no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that material. Although SRE has no obligation to screen, edit, or monitor any material posted on or transmitted through Social, SRE reserves the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through Social at any time and for any reason without notice.
If you post material on or through Social, then, unless SRE indicates otherwise, you: (a) grant SRE and subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material throughout the world in any media; (b) grant SRE and affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such material, if chosen; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to Social; and the use and posting of material you supply, by you or by SRE, does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for SRE or for third parties.
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