Product Disclaimer ("Disclaimer")

This Product Disclaimer ("Disclaimer") sets forth the terms and conditions under which Bee-Sun Solar, LLC d/b/a Hurri-Tarp ("the Company") provides the Hurri-Tarp, a self-weighted roof tarp ("the Product") to you, the user ("User" By using the Product, User agrees to be bound by the terms of this Disclaimer.

1. Disclaimer of Liability

1.1 Liability Limitation

The Company hereby disclaims all liability for any damages to property, injuries to persons, or other losses arising from User's use or misuse of the Product to the fullest extent permitted by applicable law.

1.2 Exclusion of Indirect Damages

The Company shall not be liable for any direct, indirect, special, incidental, or consequential damages, including but not limited to additional property damage, loss of roof integrity, or increased repair costs, regardless of the cause of action.

1.3 Limitation of Damages

The Company's liability, if any should be found, shall be limited to the direct, actual damages incurred by User and shall not exceed the purchase price of the Product.

The Company makes no warranties, either express or implied, regarding the Product.

THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMTED TO EXPRES WARRANTIES AND ALL IMPLIED WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

The Product is provided on an "as-is" basis, and User assumes all responsibility for the quality and performance of the Product.

2 Warranty Disclaimer

 

2.1 No Warranties

The Company makes no warranty, either express ir implies, regarding the product. 

 

3. Proper Use of the Product

3.1 Intended Use

The Product is intended for temporary roof covering and protection before storms or to mitigate damage after there is damage to the roof due to events such as storms, hurricanes, tornadoes, windstorms, wind-driven rain, wind-driven debris, fallen trees, or dislodged tiles or shingles. The Product is not "water proof" but is "water shedding" only. The product is not designed or intended for use when the ambient temperature is at or below freezing temperatures.

3.2 Prohibited Uses

The User shall not use the Product for any prohibited or illegal purposes, including but not limited to permanent roofing solutions or any use that violates local building codes or safety regulations.

3.3 Safety Responsibility

The User shall be solely responsible for the proper and safe use of the Product and shall follow all applicable safety precautions under the law and any installation instructions and guidelines as provided by the Company.

3.4 User Training

The User agrees to undergo any necessary training or thoroughly read or view any provided materials to ensure proper use of the Product prior to use.

The Product is self-weighted and designed to be weighed down by water, eliminating the need for nails or other fasteners that could cause damage to the roof. The User must ensure that the Product is filled and installed properly to function as intended.

4. Assumption of Risk

4.1 Acknowledgment of Risks

The User acknowledges and agrees that the use of the Product involves inherent risks, including

Improper installation leading to inadequate protection and additional roof damage. Injury from installation processes. Failure to mitigate damage during adverse weather conditions.

4.2 Assumption of Risks

THE USER HEREBY ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF THE PRODUCT AND WAIVES ANY AND ALL CLAIMS AGAINST THE COMPANY FOR ANY DAMAGES, INJURIES, OR LOSSES ARISING FROM SUCH USE, INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY IMPROPER INSTALLATION LEADING

The User agrees to indemnify and hold the Company harmless from any and all claims, actions, or damages arising from User's use or misuse of the Product.

5. Policy Details

The Company prides itself in providing excellent customer service. Any and all questions, concerns, or requests for repair or replacement should be directed to Requests for repair or replacement shall be considered on a case by case basis.

6. Governing Law and Jurisdiction

6.1 Governing Law

This Disclaimer shall be governed by the laws of the State of Illinois, without regard to its conflict of laws principles.

6.2 Jurisdiction

Any disputes arising out of or related to this Disclaimer shall be resolved exclusively in the state or federal courts located in Macon County, Illinois.

6.3 Consent to Jurisdiction

The User hereby consents to the jurisdiction of such courts and waives any objections to the venue or jurisdiction of such courts.

7. Severability

If any provision of this Disclaimer is found to be unenforceable or invalid, such provision shall be severed from the Disclaimer, and the remaining provisions shall remain in full force and effect.

7.1 Modifications

The Company reserves the right to modify or update this Disclaimer at any time, and User's continued use of the Product shall constitute acceptance of any such modifications or updates.

By using the Product, User acknowledges that he/she/it has read, understood, and agreed to be bound by the terms of this Product Disclaimer.