Waiver of Liability
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall CHRISTMAS LIGHT CONTRACTORS LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. You expressly agree to follow all local electrical codes and will comply to all ordinances and local laws in regards to using any products purchased through Christmas Light Contractors LLC. You acknowledge the use of the carbon fiber pole sold by Christmas Light Contractors should not be used near electrical poles or electrical wires. Doing so may cause injury or death.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless CHRISTMAS LIGHT CONTRACTORS LLC 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.
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.
SAFETY HARNESS WAIVER
By agreeing to purchase any CHRISTMAS LIGHT CONTRACTORS LLC product, specifically the Pitch Hopper, you agree to always use a safety harness while using the products on a roof. Please be sure to review the proper instructions before use. Storage: Keep product clean and dry! Do not use or store on any surface that may contain lose debris or moisture. Usage: Product is designed to provide a level working surface on 12/12 or 9/12 pitched roofs. Use on any other pitch will result in an unleveled working surface. Familiarize yourself with the pitch of the two working surfaces and know the pitch you are working on. Inspect product for damage, deterioration or dampness Discard if soft foam bottom delaminates Discard if corners or edges are broken Before using, allow product to completely dry if soft foam has become wet Secure personal safety harness according to local, state and federal regulations Check sloped roof for lose debris, oily substance or moisture If any of the above are present, DO NOT USE THE PITCH HOPPER PRODUCT Place Pitch Hopper on sloped roof Long edge perpendicular to roof slope Soft foam bottom fully in contact with asphalt shingles Working surface level with ground Center weight on working surface Never stand, kneel or place weight entirely on edges of working surface Avoid applying horizontal force while working from Pitch Hopper To move product, simply set Pitch Hopper in desired location following above procedure 9/12 Pitch Working Surface 12/12 Pitch Working Surface Soft Foam Bottom Roof Surface Always use safety harness and/or certified fall protection. Pitch Hopper is only to be used on asphalt shingled roofs excluding designer shingles.
Meshtek Agreement
If purchasing a Meshtek Single Port Controller, Meshtek states they are not to be used on Roofline/Track lighting.