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Terms and Conditions for Solar Stimulus Program

Palmetto Solar Stimulus Promotion

Program Guidelines

Eligibility Requirements: Open to all eligible Palmetto customers (the “Participant”) who (i) receive an invitation to participate in the Solar Stimulus Promotion (the “Promotion”) from Palmetto Solar LLC or an authorized Sales or Channel partner of Palmetto, (ii) submit a potential customer’s First Name, Last Name, Phone Number, and Email (the “Required Information”) directly to Palmetto, and (iii) can be verified.

To be eligible to receive the Promotion Reward, the Participant’s Required Information must be received by 11:59 PM Eastern on July 31, 2020, the Participant must sign a Palmetto Agreement by 11:59 PM Eastern on August 14, 2020, and the Participate must receive Palmetto Sign Off to that Customer Agreement by 11:59 PM Eastern on August 31, 2020.

Palmetto will not accept email messages forwarded to third parties and such recipients are not eligible for a Promotion Reward. The Participant agrees to the terms of the Solar Stimulus Promotion and to the terms and conditions (the “Terms and Conditions”) which constitute the entire understanding and agreement between Palmetto and Participant and supersede all other agreements, whether written or oral.

The Solar Stimulus Promotion may not be combined with any other referral promotions issued by Palmetto. Palmetto customers who have purchased a solar system through a wholesale or sales enterprise partner may be excluded from participation. Participation is also excluded for Palmetto employees or family members or those residing in the same household as Palmetto employees.

Palmetto reserves the right to modify, limit, or restrict participation in the Solar Stimulus Program to any person at any time for any reason and without notice. Participant eligibility shall be determined by Palmetto in its sole discretion.

Promotion Value: Eligible participants who meet all requirements shall receive compensation in the form of a check or other equivalent payment in the amount of $1,000 (one thousand US dollars) payable within 60 days of completed installation of the solar power system.

Promotion Period: The Promotional Period shall run from June 1, 2020, to July 31, 2020, and shall expire at 11:59 PM Eastern on July 31, 2020.

Terms and Conditions

DISCLAIMER AND LIMIT OF LIABILITY: PALMETTO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PROMOTION REWARD OR ANY PARTICIPANT’S OR REFEREE’S PARTICIPATION IN THE PROMOTION, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ALL PROMOTION REWARDS ARE PROVIDED “AS-IS.” NEITHER PALMETTO NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES (THE “PALMETTO PARTIES”) SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE PROMOTION, OR USE OF ANY PROMOTION REWARD, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE USE OR DOWNLOADING OF ANY SOFTWARE OR MATERIAL IN CONNECTION WITH THIS PROMOTION; (V) TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE PROMOTION, ADMINISTRATION OF THE PROMOTION, OR IN THE ANNOUNCEMENT OF ANY PROMOTION REWARD; (VI) ANY OTHER CONDITION THAT MAY CAUSE THE PROMOTION TO BE DISRUPTED OR CORRUPTED; AND (VII) ANY PERSONAL INJURY, DEATH, OR DAMAGE TO PROPERTY THAT MAY RESULT FROM RECEIPT OR USE OF A PROMOTION REWARD.

PALMETTO RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE PROMOTION, ALTER THE RULES OR CANCEL OR SUBSTITUTE ANY OF THE PROMOTION REWARDS FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE OR UNCONTROLLABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE PROMOTION, OR THE AWARDING OR USE OF ANY PROMOTION REWARD.

IN NO EVENT SHALL PALMETTO OR ANY PALMETTO PARTIES BE LIABLE TO PARTICIPANT, REFEREE, OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR CERTAIN LIMITATIONS OF LIABILITY, THEREFORE, CERTAIN OF THE FOREGOING DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

RELEASE: BY PARTICIPATING IN THE PROMOTION, EACH PARTICIPANT AND EACH REFEREE RELEASES AND AGREES TO HOLD HARMLESS PALMETTO AND ALL PALMETTO PARTIES FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE PROMOTION; (II) ACCEPTANCE OR USE OF ANY PROMOTION REWARD; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE PROMOTION.

GENERAL: Palmetto reserves the right to cancel the eligibility of any Participant who engages in any fraudulent activity or uses the Promotion in a manner inconsistent with these Terms and Conditions, or applicable laws, statutes or ordinances. Palmetto is not responsible for any incorrect or inaccurate information supplied by Participants. No “spamming” is permitted. If Palmetto believes, in its sole discretion, that a Participant has engaged in fraudulent activity or is “spamming” email accounts or addresses, Palmetto reserves the right to recover any payments made to such Participant.

The Promotion and these Terms and Conditions are void where any aspect of the Promotion is prohibited, taxed, or otherwise restricted by law, or where registration, bonding, local judging, or translation is required. The Promotion is subject to all national, state, and local laws including applicable tax codes.

Palmetto shall not be liable for any failure of or delay in relation to the Promotion for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, or any other force majeure event.

The section headings contained in these Terms and Conditions are for reference only and shall not in any way affect the meaning or interpretation of these Terms and Conditions.

ARBITRATION: By participating in the Promotion, Participant agrees to resolve any disputes arising from the Promotion or related to these Terms and Conditions through binding arbitration governed by the Federal Arbitration Act (“FAA”). The arbitration will be conducted under the rules of JAMS that are in effect at the time of the Promotion. If there is a conflict between the applicable JAMS Rules and the within Terms and Conditions, the Terms and Conditions will govern.

ARBITRATION MEANS THAT PARTICIPANT WAIVES HIS OR HER RIGHT TO A JURY TRIAL. ARBITRATION MUST BE CONDUCTED ON AN INDIVIDUAL BASIS. AS A RESULT, NEITHER PARTICIPANT NOR PALMETTO MAY (I) JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS; (II) LITIGATE IN COURT A CLASS ACTION OR OTHER LAWSUIT; OR (III) ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

CHOICE OF LAW: The laws of the State of South Carolina govern these Terms and Conditions. Should there be a conflict between the laws of the State of South Carolina and any other laws, the conflict will be resolved in favor of the laws of the State of South Carolina.

Last Revised: June 1, 2020