Product and Service Purchases Terms and Conditions The following terms and conditions of service are applicable to all services, repair, and/or products provided by, will hereafter be referred to as “Service Provider”. Terms and conditions may change at any time, with or without notice. It is the responsibility of any subscriber, Customer, customer or prospective customer to read the terms of service before contacting Service Provider to inquire, purchase or schedule a service engagement. By engaging Service Provider for services, you are indicating your agreement to be bound by all of the terms and conditions outlined within this document. Service Provider services are: DESCRIPTION OF SERVICES 1. Responsibilities of Customer Customer understands and agrees that prior to contacting or engaging in service with Service Provider to perform any delivery, repair, upgrade or any other service that it is the responsibility of the Customer to read this binding agreement carefully. You agree to all the terms and conditions located herein, including; a. You as the Customer represents that you are 18 years of age or older. b. You as the Customer represent that you have the legal capacity and authority to bind yourself and your employer, as applicable, to this Agreement. c. You as the Customer agree that you are responsible for all activity and use of your account. You agree and understand that you accept full responsibility and liability for the actions of anyone who uses a service from Service Provider via your account. d. You as the Customer agree that you will be available at your appointment time. Applicable no-show fees or late fees are payable and due as outlined below for missed or late appointments. 2. Services Service Provider provides firewood and related products and services. 3. Un-Used Service Hours, Incidents or Services Any unused services will not carry forward. If your services do not meet or exceed your services deposit, a refund of the difference will be made at the time of your service visit. Minimum service visit is one hour, and is non-refundable. Service hours and incidents are at the sole discretion of Service Provider. 4. Service Areas Service Provider reserves the right to establish, change, add or eliminate service areas with or without notice. Service Provider has the authority to establish and charge additional fees for areas outside of our normal service areas. Customers should contact Service Provider for exact service areas, service fees and trip charges. 5. Service Volume and Re-Selling of Services You the Customer may not re-sell our products or service, utilize the Service Provider service for high volume services or in way engage in any activity that engages our service at a higher rate than it was intended. Service volume abuse is based on the sole discretion of Service Provider. 6. Service Limitations Service Provider reserves the right to charge additional fees for certain services that a client may require or request above and beyond any service plan. Service Provider will at its sole discretion determine these additional services and fees. 7. Service Availability Services selected by a Customer may not be available at all times. Service Provider or its subsidiaries, suppliers or partners at any time without notice or liability may restrict the availability of service or its times of availability to perform scheduled or unscheduled maintenance. For remote services, specific Internet connection requirements are necessary. It is the responsibility of you the Customer to maintain Internet connectivity to allow for adequate service levels. Service Provider will at its sole discretion determine adequate service levels. a. You the Customer acknowledges that circumstances outside of the control of Service Provider may arise that may lead to service delays. You the Customer hereby release Service Provider from any and all liability and agree that Service Provider is not responsible for any direct or indirect damages resulting from any service delays. 8. Safe Access to Equipment Customer agrees that they will provide full cooperation and access to enter your home or business to perform services and/or deliver products. If a Service Provider representative arrives at the schedule service time and he or she does not reasonably have access, cooperation, or safe working areas, then service may be denied and a $100 cancellation fee will be charged. 9. Warranties Service Provider provides products sales and support and consulting for third party products and/or equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. 10. Termination of Service by Service Provider Customer understands and agrees that at its sole discretion, Service Provider may terminate or suspend any agreement for services immediately and without notice. Service Provider may at its sole discretion refuse to honor requests for service, renewals or subscriptions following a termination of services or for any other reason. 11. Payment of Fees You the Customer agree to pay all applicable charges and fees related to your applicable service plan as well as any taxes or other charges due including no-show fees, trip charges, set-up fees or termination fees. Monthly recurring fees for subscription plans will be billed in advance if applicable. a. Service to you may be denied or discontinued without notice at any time if the placement of Product or Service charges on your credit card, or your credit card provider denies or discontinues providing credit to you for any reason, or you fail to make payment when due or provide us with a new credit card expiration date before the existing one expires. b. Late fees may apply if your bill is not paid by the due date. Service Provider may charge a late fee of 5% or the highest rate permitted by law for late payments. Customers are responsible for paying collection agency fees utilized to collect past monies due including attorney fees. c. Customers must contact Service Provider a minimum of four (4) hours prior to an appointment to cancel or reschedule an appointment, otherwise, at Service Provider’s sole discretion, a missed or late appointment fee may apply. Late or missed appointment fees are as follows: On-site = $100. 12. WARRANTIES AND LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR PRODUCT PROVIDED BY Service Provider (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT OR SOFTWARE), Service Provider (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS), DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY Service Provider OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF Service Provider PRODUCTS AND SERVICES IS AT YOUR OWN RISK AND IS NOT WARRANTED. IN NO EVENT SHALL Service Provider (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, INCLUDING GSPS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF Service Provider HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. 13. INDEMNIFICATION You agree to defend, indemnify and hold harmless Service Provider from and against all liabilities, costs and expenses, including reasonable attorney’s fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, Software, or the Internet. 14. NOTICES Notices required under this Agreement by you shall be provided to the Service Provider Customer Service Department. Notices by Service Provider to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home or business, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website. With regard to electronic communications, you and Service Provider further agree that: (a) the Customer ID and/or alias of a sender, contained in an electronic communication (“email”), is legally sufficient to verify the sender’s identity and the authenticity of the communication; (b) an email sent containing your Customer ID and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication. 15. GENERAL PROVISIONS All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Product Warranty and Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration. Service Provider will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.