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Terms of Service2023-09-11T12:42:49-10:00

Terms of Service for SOLAR WIZARD PLUGIN OVERVIEW

This website is operated by Solar Wizard Plugin by COVERT COMMUNICATIONS LLC, a Hawaii limited liability company. Throughout the site, the terms “we,” “us,” and “our” refer to Solar Wizard. Solar Wizard offers this website SolarWizardPlugin.com, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service, and acceptance of the offer is deemed to have occurred when you accept our Service and utilize it. Any new features or tools that are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Heroku. They provide us with an online hosting e-commerce platform that allows us to sell our products and services to you. Solar Wizard sells marketing services.  As part of its service, Solar Wizard may retain Covert Communication LLC, an affiliate, to host a website and other services.  Solar Wizard will pay Covert Communication LLC with the monies it receives from you, the user.  Should you fail to pay Solar Wizard for the Services we render, then Covert Communication LLC may, at its discretion, “turn off” your plugin or otherwise render it impossible to access.   User agrees to defend and hold harmless Solar Wizard and Covert Communication LLC from any allegation of harm or damage for “turning off” Services.  Once “turned off,” the User may have the site returned to functionality by bringing the account current.  After bringing the account current, Solar Wizard shall have a reasonable amount of time to request that Covert Communication LLC restore the plugin usage.  Solar Wizard LLC shall have a reasonable amount of time to restore said website after receiving payment.

Solar Wizard may also provide analysis of website performance, generally known as “analytics” for its Users but those analyses are provided to help Users understand current activity and performance that should never be construed as promises of future performance.  User agrees to defend and hold harmless Solr Wizard as well as any service to which Solar Wizard turns for data, reports, or tools. User forever releases Solar Wizard, and any entity Solar Wizard retains for data, reports, or tools.

Solar Wizard does not warrant that the Services will meet the client’s expectations or requirements. Solar Wizard provides its services “as is” and without warranty of any kind.  If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the agreement and shall not affect the validity and enforceability of any remaining provisions. In no event shall Solar Wizard be liable to the client for any indirect, special, exemplary, or consequential damages or any claim of lost profits, whether or not foreseeable or alleged to be based on a breach of warranty, contract, negligence, or strict liability, arising under this Service Agreement, loss of data or any performance under this Service Agreement.

SECTION 1 – ONLINE SERVICES TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. “Misuse” includes interference with our Services or access using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we suspect misuse. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without express written permission by us. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

We reserve the right but are not obligated to limit the sales of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

SECTION 5 – PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 6 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 7 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time; we may remove the service for indefinite periods of time or cancel the service at any time without notice to you.

SECTION 8 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Solar Wizard and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 9 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 10 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 11 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 12 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of America.

SECTION 13 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 14 – REFUND & CANCELLATION POLICY

Solar Wizard does not offer a refund policy. To try our free solar plugin, visit wordpress.org. The paid plugin will only be refunded at the discretion of the company in the event that the plugin fails to work on the customer’s WordPress website. Solar Wizard will assist in aiding customers who experience plugin errors, and if it is determined the plugin will not function to spec, Solar Wizard will issue a one-time refund of $35 (or the promotional rate the customer used to purchase the subscription) and the user will not be permitted to use a pro license again on the same URL. Solar Wizard’s monthly subscription can be cancelled at any time.

SECTION 15 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@covertcommunication.com

2400 Halekoa Drive

Honolulu HI 96821

808-824-5090

 

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