POWDERWATTS TERMS OF SERVICE

1. SCOPE OF THIS AGREEMENT

These Terms of Service (“Terms”), together with any related Order Form or other signed agreement, all of which are incorporated by this reference, cover the purchase and/or receipt of Services (as defined below) and/or Equipment from PowderWatts (each, a “Customer Agreement” or “Agreement” or “Order”), “you” and “your” and “customer” refer to you, the PowderWatts customer and/or subscriber; and (ii) “PowderWatts,” “we,” “us” and “our” or “Company” refer to PowderWatts, Inc., a Delaware corporation.

2. YOUR ACCEPTANCE OF THIS AGREEMENT

Your signature or written approval (hard copy or electronic) of an Order Form or activation of a PowderWatts account shall constitute your acceptance of this Agreement. Your continued receipt or use of Equipment or Services following a change to this Agreement shall constitute your acceptance of such changed Agreement.

IMPORTANT: This agreement contains Limitations Of Liability, Warranty Disclaimers and Binding Arbitration Provision.

3. NOTICE ABOUT ROOF

The roof of your property is a complex, custom-built system that includes multiple components including underlayment, roofing material (such as metal or tiles) and fasteners and/or caulk. Its effectiveness is a combination of materials used, proper installation and its expected useful life. Your roof needs to be maintained and/or replaced periodically and should be inspected regularly. Roofs are designed to prevent water from entering the interior of your building, but no roof is completely impermeable. Water can enter in a variety of ways, including by being blocked from draining by ice dams, due to improper installation, due to your roof or heat tape approaching or passing the end of its useful life and due to damage from wind, hail or other factors. Installing heat tape can help prevent ice dams, but in some cases, it can also increase the risk of flooding if the heat tape is not installed correctly or is not functioning correctly or at all. Heat tape comes in various sizes and types and some types and brands function more effectively than others and it must be replaced periodically (depending on the quality of the heat tape, it may need to be replaced as often as every five years). Heat tape requires adequate electricity and an interruption or variation in electricity can trip a circuit or damage the heat tape, stopping it from functioning effectively or at all.

You and your roofing contractor(s), heat tape installer(s), and/or manufacturers (if any) are responsible for your own roof, your own heat tape, and for their proper operation, management, and monitoring. PowderWatts cannot and does not assume the responsibility or liability for monitoring or managing your roof or your heat tape. The PowderWatts system can be a useful tool for you when installed and used properly. The PowderWatts system manages the electrical usage of your heat tape by turning it on or off based on information obtained through the system, which includes whether or not your heat tape has created a visible melt channel for water to drain through. Even though the PowderWatts system can function automatically to do this, you should check your cameras on a daily basis to see whether or not your heat tape is functioning. PowderWatts does not intend to, and shall not be deemed to, have assumed the responsibility for managing your roof or your heat tape for the purpose of preventing or reducing the risk of flooding and should not be relied upon to prevent or reduce the risk of flooding. The PowderWatts system is instead designed to assist you in saving energy by turning your system on or off when it detects the need for heat to create a drainage channel within the scope of its camera.

By allowing for the installation of the Equipment from PowderWatts, you acknowledge that you have had an opportunity to review the Order Form, the Customer Agreement (including these Contract Terms), the PowderWatts’s warranty terms, and any other relevant agreement(s) and/or term(s), and you accept all such terms and conditions, including the limitations, exclusions, and disclaimers.

None of the PowderWatts Parties will be liable for any alteration to or transfer of any equipment, including, without limitation, removing or disabling software, applications, features, and/or functionalities. Any such alteration will void any applicable limited warranty.

Without limiting the generality of the foregoing, Customer agrees to and acknowledges that:

• PowderWatts does not evaluate, review, install, repair or replace roofing systems, heat cables, or electrical infrastructure, and does not ensure that existing heat cable systems are properly designed, installed or sufficient
• PowderWatts does not guarantee snow or ice melt performance of the Equipment or Services, except as otherwise set forth herein
• The Equipment and Services do not provide protection in areas where no heat cable is installed or functioning
• All alerts are informational only and dependent on system connectivity, power availability, and environmental conditions. Alerts are not guaranteed to be continuous, accurate or real-time
• Except for warranty service, PowderWatts does not perform repairs, restore power, reset breakers or take any physical action in response to alerts. All corrective action requires on-site response by Customer or a third party
• Customer is solely responsible to and will maintain electrical power to the Equipment
• Customer has responsibility to periodically review system images and alerts
• Maintain all roofing, drainage, and heat cable systems

4. DEFINITIONS

1. “Authorized Installer” or “Installer” means the authorized licensed installer who installs your PowderWatts Equipment and/or initiates your Services and is normally identified on your Order Form; only PowderWatts may authorize Installers, and the latest list of Authorized Installers is available by contacting PowderWatts.
2. “Fees” means all charges owing to PowderWatts for purchase and/or installation of the Equipment and/or the Services, including but not limited to the Upfront Charges.
3. “Equipment” means the PowderWatts camera system and Switch and associated electronic and physical equipment provided by PowderWatts or a PowderWatts Authorized Reseller or Installer.
4. “Installation Costs” means all costs and fees incurred by PowderWatts in connection with the installation of the Equipment in your residence.
5. “Installation Date Window” is the approximate date during which the Installation is scheduled to occur, subject to change as provided herein.
6. “Location” or “Improvements” or “Property” means the physical address where the Equipment is installed, and Services are used and is normally identified on the Order Form and includes and refers to all improvements and personal property located thereon.
7. “Order Form” means the separate residential or commercial order form used for ordering the Equipment and Services, which is incorporated into this Agreement by this reference.
8. “PowderWatts Party” means and includes PowderWatts, Inc., its officers, directors, shareholders, members, employees, agents and representatives, and any Authorized Installer or Authorized Reseller and its and their officers, directors, shareholders or members, employees, agents and representatives.
9. “Roof” or “roof” means and includes any surface attached to and associated with your property that is managed or meant to be managed by the Equipment and Services.
10. “Services” means any and all video monitoring, data and other services associated with monitoring heat tape operation and the condition of snow and/or ice dams on your roof using the Equipment and all other services that are provided by or available from PowderWatts to you and your Utility Provider or from an Authorized Installer to you.
11. “Switch” means each individual PowderWatts Equipment system that is designed to manage one area or strand of heat tape and includes a camera and other hardware. Equipment may include one or more Switches.
12. “Utility Provider” refers to the electrical utility provider that provides electricity to your Equipment.
13. “Term” refers to the Term Commitment plus any renewal terms(s).
14. “Term Commitment” is the minimum Term you committed to or prepaid for in your Order Form.
15. “Upfront Charges” is the amount referenced on the Order Form to be paid upfront in connection with the purchase and/or installation of the Equipment and Services.

5. PURCHASE; BILLING; PAYMENTS; OTHER FEES

1. Order. You hereby order the Equipment and Services to be installed and used at the Location. The Equipment will be installed based on a date that is within or after the Installation Date Window, based on the availability of the Installer. Customer agrees to pay the Total Upfront Charges for the Equipment and Services via credit or debit card, ach or otherwise if successfully accepted for financing through approved PowderWatts financing partners, prior to or on the date of the Installation.
2. Installation. The Equipment must be installed by an Authorized Installer. The Authorized Installer will have sole responsibility for the Installation Services. You acknowledge that the Installer is an independent business and is not affiliated in any way with PowderWatts and will be solely responsible for installation of the Equipment. If PowderWatts proposes a specific Authorized Installer, you may nonetheless choose to work with a different Authorized Installer by contacting PowderWatts at least two business days prior to the Installation Date Window.
3. Warranty. If you purchase your Equipment new from PowderWatts or from an Authorized Reseller, it may come with a limited warranty as posted at www.powderwatts.com/warranty (the “Warranty” or “warranty”) on the date of purchase. For warranty service, please contact PowderWatts Customer Support at https://powderwatts.com/contact/ and select “Contact Us”. The warranty, if any, is subject to all terms and conditions described therein and to those contained in this Customer Agreement and any other agreement between the parties.
4. Fees. Customer agrees to pay all Fees and applicable associated taxes and other charges. Customer authorizes PowderWatts to charge the payment method on file for all amounts due. This authorization will remain in effect until revoked by Customer; however, revocation does not relieve Customer of any amounts owed. Upon request, Customer agrees to maintain a valid payment method on file and to promptly update any changes. PowderWatts may correct billing errors, including by issuing credits or processing additional charges as necessary. Late fees and other applicable charges may apply as set forth in this Agreement, including Exhibit 1.
5. Additional Fees. Customer confirms that they have reviewed the installation plan (if any) and Order Form and agreed to all associated charges outlined therein. The Upfront Charges include all costs for a basic or standard Installation based solely on information provided by Customer or visible to PowderWatts or an Installer. Any different or additional Installation services or hardware required due to unique characteristics or requirements of customer or the Location are non-standard and may result in additional charges.
6. Late Payments; Collection Costs. Customer must pay all amounts due by the applicable due date. Any outstanding balance not paid when due will accrue a late payment fee at a rate of 1.5% per month (or the maximum rate permitted by law, if lower) until paid. Customer agrees to pay all reasonable costs of collection, including attorneys’ fees and court costs, to the extent permitted by law.

6. RENEWAL AND CANCELLATION OF SERVICES

1. Continuation of Services. Your subscription to Services will automatically continue during the Term Commitment plus any renewal term unless and until you cancel your Services or we terminate and/or disconnect your Services, in each case as provided in this Agreement or in your applicable Customer Agreement.
2. Cancellation Policies. Customer may cancel the Services at any time by providing notice to PowderWatts in accordance with this Agreement; however, cancellation by Customer will not entitle Customer to any refund or credit for prepaid Fees, and all amounts paid are non-refundable. Cancellation will be effective upon PowderWatts’ receipt of notice, and Customer remains responsible for any amounts due prior to the effective cancellation date.
4. Disconnection of Services. PowderWatts may suspend or disconnect the Services if Customer fails to pay any amounts due when required under this Agreement or otherwise materially breaches this Agreement. PowderWatts may also temporarily suspend Services as reasonably necessary for maintenance, updates, or system integrity. Suspension or disconnection does not relieve Customer of any obligation to pay amounts owed.
7. Restarting Services. In the event that you do not pay your bill in full by its due date, or you at any time otherwise fail, neglect or refuse to make timely payment for Equipment or Services or any other payments under this Agreement or your applicable Customer Agreement as and when due, then we may disconnect your Services without notice at any time, and in such event we will be wholly relieved from any and all of our duties and obligations under this Agreement and your applicable Customer Agreement. In the event that your Services are disconnected for non-payment or any other reason, then before we reconnect your Services, PowderWatts may require that you pay, and you agree to pay: (i) all past due prices, fees and charges; (ii) all outstanding prices, fees and charges accrued through the date of such disconnection;
5. No Refunds. All Fees are prepaid and non-refundable. Customer remains responsible for any outstanding amounts due under this Agreement. Upon cancellation or disconnection of the Services, automated functionality will cease and Equipment will operate only via manual control, and your electrical bills are likely to increase.

7. ADDITIONAL PROVISIONS

1. Customer Representations. In connection with this Agreement, customer represents and warrants: (i) that customer has authority to grant permission for the Installation of the Equipment and for receipt and use of the Services and does hereby grant such permission; (ii) there are no legal, contractual or similar restrictions on the installation of the Equipment or the Services at the Location(s); (iii) customer hereby assumes all responsibility to ensure compliance with all applicable building codes, zoning ordinances, homeowners’ association rules, covenants, conditions, and restrictions related to the Equipment and Services, to pay any fees or other charges, and to obtain any approvals, permits or authorizations necessary for the installation or use of the Equipment or Services (collectively “Legal Requirements”); and (iv) customer will be solely responsible for any fines or similar charges for violation of any applicable Legal Requirements.
2. Risk of Interruption and Interference. You understand that the Equipment and Services may be interrupted, circumvented, unavailable (for a limited or extended time period) or otherwise compromised, including as a result of other equipment installed or manufactured by a third party, conditions on your roof, unavailability of electricity or Internet or WI-FI. You assume all risk associated with the suitability, installation and performance of the Equipment and Services and other third-party components, hardware, software and services that you select. You agree to regularly inspect your roof and the installed Equipment to confirm ongoing functionality.
3. Access. Customer acknowledges and agrees that Installer and/or PowderWatts may access customer’s premises and rooftop to install and/or maintain the Equipment and/or provide the Services. Equipment installations performed by Installer generally include: (i) installation of the Equipment, including one or more camera(s) and associated switch(es) to a roof; (ii) connection of the Equipment to the existing heat cable system on customer’s roof and to a power source; (iii) travel to and from customer’s Location; (iv) connection of the Equipment to the Customer’s Wi-Fi network, the Internet and heat cables; (v) installation of required mounting and cabling hardware; (vi) assistance to Customer to help customer install, connect and initialize the PowderWatts App; and (vii) assistance to Customer to help Customer establish a PowderWatts account.
4. Maintenance and Operation. Customer acknowledges and agrees that in order to function properly, the Equipment must be maintained in good condition and according to instructions provided by PowderWatts from time to time, connected to a power source, to Wi-FI and the Internet with adequate bandwidth. Customer is solely responsible for the foregoing and for notifying PowderWatts of any issues involving the operation or functionality of the Equipment. Customer agrees that if the Equipment is damaged or disconnected for any reason, Customer is solely responsible for detecting such issue(s), for taking prompt steps to remedy the situation and for the cost of repair, replacement or other services needed to return the Equipment to functionality. All fees or costs incurred by Customer in obtaining or maintaining a properly functioning network and Internet connection are solely the responsibility of Customer.
5. Equipment Alterations. PowderWatts may, without notice at any time and from time to time, through periodic downloads or by other means, add, delete, rearrange, alter, change and/or eliminate the software, applications, features and/or functionalities in (or accessed or received through) your Equipment and send electronic instructions to your Equipment. PowderWatts will use commercially reasonable efforts to ensure that the core functionality of the Equipment and Services are not materially affected or reduced and will schedule these downloads, where possible, to minimize interference with or interruption to your Services, but you acknowledge and agree that PowderWatts shall have no liability to you for any interruptions in Services arising out of, relating to or in connection with such modifications, suspensions or downloads. PowderWatts may, without notice at any time and from time to time, cease supporting one or more Equipment models. In the event that we add, delete, rearrange, alter, change and/or eliminate the software, applications, features and/or functionalities of Equipment or cease supporting your Equipment model, then you further acknowledge and agree that you are not entitled to any credits, refunds, price reductions or any other form of compensation because of any such addition, deletion, rearrangement, alteration, change and/or elimination, provided that if this occurs during a prepaid Term Commitment, PowderWatts will either continue to support your equipment model or provide you with a replacement or refund the pro rata portion of the prepaid Fees. You agree not to modify, alter or otherwise change the Equipment or attempt to access it or open or disassemble the same. Any such modification, alteration or change, or any attempt to do so by you, may result in the voiding of any applicable warranty. You agree not to access or interfere with the Equipment’s smart switch or attempt to control the same or interrupt or access any network communications in which power consumption data, video feeds or other information is being transmitted to or from PowderWatts or its authorized third-party service provider(s).
6. Proprietary Components and Software. Equipment contains components and software that are proprietary to PowderWatts and its licensors. This may include a smartphone app that you are required or asked to download in order for your Equipment and the Services to function properly or efficiently (the “App”). You agree that you will not try to reverse-engineer, decompile, disassemble, tamper with or modify, any software or hardware contained within any Equipment or the App. Such actions are strictly prohibited and may result in the disconnection of your Services and/or legal action.
7. Software License. Subject to the terms and conditions of this Agreement and your applicable Customer Agreement, you are licensed to use the software provided with your Equipment or in the App, as updated by PowderWatts, its licensors and/or its suppliers without notice at any time and from time to time, solely in executable code form, solely in conjunction with lawful operation of the Equipment(s) that you purchased or leased and/or the App, and solely for the purposes permitted under this Agreement and your applicable Customer Agreement. You may not copy, modify or transfer any software provided in your Equipment(s) or as part of the App, or any copy of such software, in whole or in part. You may not reverse engineer, disassemble, decompile or translate such software, or otherwise attempt to derive its source code, except to the extent allowed under any applicable laws. You may not rent, lease, load, resell for profit or distribute any software provided in your Equipment or as part of the App, or any part thereof. Such software is licensed, not sold, to you for use only under the terms and conditions of this license, and PowderWatts, its licensors and its suppliers reserve all rights not expressly granted to you. Except as stated above, this license does not grant to you any intellectual property rights in the software provided in your Equipment or in the App. Any attempt to transfer any of the rights, duties or obligations of this license is null and void. In the event that you breach any term or condition of this license, then this license will automatically terminate.
8. Permission to Monitor and Access to Camera. By installing the Equipment and purchasing the Services, you authorize PowderWatts and its subcontractors to use the Equipment including any video or other monitoring systems to view, monitor and receive, record, and analyze video and other information and data collected with the use of the Equipment, which may include live or recorded video feeds of your roof, the heat tape on your roof or anything else within the field of view of the installed Equipment. You agree to take steps to ensure that the Equipment can only monitor and see the exterior of your residence and to take steps to protect the privacy of your residence and the interior of your residence so they are not within the field of vision of the Equipment. PowderWatts will only use the video collected or recorded for purposes of providing the Services and will require any employees or subcontractors who are granted access to agree to this same restriction. You agree not to access or attempt to access the video, photo or data feed between the Equipment and PowderWatts or its third-party service provider(s) and/or cloud-based storage system. Likewise, you will not attempt to reverse engineer, decipher, replicate or otherwise interfere with the communication protocol between the Equipment and such systems or PowderWatts or its third-party service provider(s).
9. Transfer of Services or Equipment. You may not assign or transfer your Services or Equipment without our written consent, which will not be unreasonably withheld. If you sell your residence and wish to transfer the Services and/or Equipment to the new buyer of your residence, please contact PowderWatts Customer Service via billing@powderwatts.com or at the phone number in Section 1 to initiate a transfer process.
10. Customer acknowledges the potential risks associated with Installation of the equipment (including, without limitation, with respect to any warranty that applies to customer’s roof or roof membrane by virtue of Installer walking on the roof or attaching the Equipment). By ordering the Services and Equipment, or by scheduling one or more service or installation visits, and permitting Installer or its service provider to enter Customer’s Property, customer is authorizing Installer and its service provider to perform all the above actions and voluntarily assuming all associated risks, costs and losses.

8. INSURANCE

You acknowledge that you are solely responsible for insuring your property. the fees are unrelated to the value of your property. no portion of the fee or is for insurance or shall be deemed or considered insurance premiums. you acknowledge and agree that neither PowderWatts nor any PowderWatts party is an insurer and shall not provide insurance coverage against any losses. to the extent you wish to have any insurance coverage for losses, it is your responsibility to procure and maintain separate insurance policies from an insurance company or companies, solely at your cost and expense, for coverage against all losses, as defined above, including but not limited to those arising out of or in connection with, due to, or caused in whole or in part by (i) these terms, including any breach of any representation, warranty, covenant or obligation arising hereunder (ii) the equipment or service, (iii) the active or passive sole, joint or several negligence of any kind or degree, (iv) the improper operation or non-operation of the system, (v) breach of contract, express or implied, which occurs before or after the signing of this agreement (vi) breach of warranty, express or implied, (vii) product or strict liability (viii) loss or damage to or malfunction of facilities necessary to operate the system, transmit any signal to or receive signals at any monitoring facility, (x) a claim for subrogation, indemnification or contribution, or (xi) a violation of any applicable consumer protection law or any other theory of liability or alleged fault on the part of any PowderWatts party (collectively, the “covered claims”). recovery for any loss, as defined above, shall be limited to the insurance you purchase separately from an insurance company, if any.

9. LIMITATION OF OUR LIABILITY

1. INTERRUPTIONS AND DELAYS. You acknowledge and agree that none of the PowderWatts parties will be liable for any interruption in any services or for any delay of performance, including, without limitation, in the event that such interruption or delay arises in connection with any of the following: (I) the termination or suspension of your access to all or any portion of services; (II) the unavailability or interruption of internet or network services; (III) a change in the software, applications, features, and/or functionalities available with your equipment or as part of the services; (IV) any software or other downloads initiated by us; (V) any acts of God, fires, earthquakes, floods, power or technical failure, satellite or uplink failure, acts of any governmental body; or (VI) any cause beyond our reasonable control.
2. AUTHORIZED INSTALLERS ARE INDEPENDENT CONTRACTORS. You acknowledge and agree that Authorized Installers are independent contractors who have been validated to possess the necessary electrical licenses for their respective geographies. They are responsible for installing the hardware and software according to our training, while also ensuring compliance with all electrical codes, safety regulations, licensing, and permits. Any damages resulting from their failure to adhere to these rules or laws are solely the responsibility of the independent contractor.
3. RESPONSIBILITY FOR ROOF, HEAT TAPE AND FLOODING; DAMAGE TO PROPERTY AND PERSONS. You acknowledge that you or your contractors have sole responsibility for the selection, design, installation, maintenance, repair, and/or replacement of your roof and heat tape, and no PowderWatts Party has or should have any responsibility or liability for these. You acknowledge that roofs can leak for a variety of reasons and that it is your responsibility to monitor and manage your roof and heat tape for proper functioning. You acknowledge that the use of heat tape to melt snow or ice is inherently risky and prone to failure or accident, which may involve leaking via ice dams and other causes into the interior of your roof or residence, causing water damage that may include damage to your attic, walls, flooring, furniture, other property of yours or your guests or third parties, including vehicles, valuables, records, and other items, and to any other parts of your home, and may ultimately result in mold or other risks or losses, which may also create health risks or hazards for residents or visitors, whether or not you install the PowderWatts equipment or use the services. The use of heat tape and the equipment and services may also increase the risk of fire due to the increased usage of electricity and to the additional installation and use of batteries, electrical cables, and outlets. The use of the equipment and services may increase the risk of such outcomes since the heat tape will not be constantly turned on. You are voluntarily entering into this agreement in order to experience energy savings and will remain responsible for your roof, your heat tape, and for monitoring the proper functioning of both, and will remain liable for and otherwise are willing to assume such risks. You agree that none of the PowderWatts parties will be liable for any damage resulting from the failure of the services or equipment to prevent or reduce the risks of flooding or to manage heat tape on the roof of your residence or property for such purpose, including, without limitation, any loss or failure of such heat tape to turn on or off or to function properly due to any fault, failure, deficiency, or defect in services or equipment.
4. DAMAGES LIMITATION. Even though you have released the PowderWatts parties from any and all liabilities as described above, you acknowledge and agree that in the event that any of the PowderWatts parties are nonetheless determined to be liable to you or to any other person who accesses your property or is exposed to the equipment or any situation or issue caused by the services or equipment, then the PowderWatts parties will be liable to you and to such persons only for your or their direct damages. In no event will the PowderWatts parties be liable to you or them for an aggregate amount more than the fees paid by you to the PowderWatts parties during the twelve (12) months prior to the date of the event for services and equipment. None of the PowderWatts parties shall have any liability whatsoever for any special, indirect, incidental, punitive, exemplary, or consequential damages.

10. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

1. MANDATORY ARBITRATION. Any dispute, claim, or controversy arising out of or relating to this Agreement, the Services or Equipment (a “Dispute”) will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, except that either party may bring an individual action in small claims court if eligible. The arbitration will be conducted before a single arbitrator in Utah (or another mutually agreed location or by remote means). This Agreement is governed by the Federal Arbitration Act. The arbitrator may award the same remedies as a court. Each party will bear its own costs and attorneys’ fees, except as otherwise required by law or the AAA Rules. This arbitration provision survives termination of this Agreement. Customer may opt out of this arbitration provision by providing written notice to PowderWatts within thirty (30) days of accepting this Agreement.
2. WAIVER OF RIGHT TO JURY TRIAL OR CLASS ACTION. You and PowderWatts agree to resolve disputes only on an individual basis and waive any right to a jury trial or to participate in a class or representative action.

11. GENERAL

1. Notice. PowderWatts may provide any notice under this Agreement by reasonable means, including email, mail, or through the Application, using the contact information on file, and such notice will be deemed given when sent. Customer must provide any required notice to PowderWatts using the Customer Service Contact Information set forth in this Agreement, and such notice will be deemed given when received.
2. Physical Address/Change of Address. When setting up your PowderWatts account, you must provide us with the physical address where your Equipment will be located, and your Services will be provided. This information is necessary for PowderWatts to calculate your Fees. A post office box does not meet this requirement. You must give us immediate notice of any change of name, mailing address, e-mail address, telephone number, physical address where your Equipment is located or Services provided, including any change to any contact information. You may do this by notifying us at the telephone number, Customer Service E-mail Address or Customer Service Mailing Address set forth in this Agreement.
3. Consent to Communications. Customer authorizes PowderWatts and its service providers to contact Customer regarding the Services, account, or amounts owed using reasonable means of communication, including phone, text message, and email, at the contact information provided by Customer. Customer may opt out of non-essential communications where permitted by law.
4. Account Information. In the event that you have an online account with us, then you are responsible for maintaining the confidentiality of your account username and password and for all activities that occur under your account username and/or password. You must: (i) keep your account username and password confidential and not share them with anyone else (including, without limitation, any person claiming to be a PowderWatts customer service representative); and (ii) immediately notify us of any unauthorized use of your password and/or account username or other breach of security. You can only be sure you are speaking with PowderWatts when you place a telephone call to the telephone number set forth in Section 1 or posted on www.powderwatts.com, or utilize PowderWatts’s online customer service chat.
5. Financing. If Customer elects to finance any portion of the Equipment or Services through a third-party financing provider, Customer authorizes PowderWatts to share necessary information with such provider for purposes of evaluating and processing the financing application. Any credit checks, approvals, terms, and disclosures will be provided solely by the financing provider, and PowderWatts does not make any representations or guarantees regarding financing approval or terms.
6. Applicable Law. This Agreement and all matters relating to its validity, construction, performance and enforcement, and any claim, complaint or dispute (including, without limitation, any Dispute) arising out of, relating to or in connection with any aspect of this Agreement, the Services or the Equipment shall be governed by the laws and regulations of the State of Utah without giving effect to its conflict of law provisions.
7. Remedies Cumulative. The rights and remedies provided under this Agreement to PowderWatts in case of your default or breach of this Agreement are cumulative and without prejudice to any other rights and remedies that PowderWatts may have by reason of such default or breach at law, in equity, under contract (including, without limitation, this Agreement and your applicable Customer Agreement) or otherwise (all of which are hereby expressly reserved).
8. Waiver. PowderWatts’s failure to exercise or delay in exercising any of its rights at law, in equity, under contract (including, without limitation, this Agreement and your applicable Customer Agreement) or otherwise (all of which are hereby expressly reserved) will not operate as a waiver by PowderWatts of such rights. PowderWatts will not be deemed to have waived any of its rights at law, in equity, under contract (including, without limitation, this Agreement and your applicable Customer Agreement) or otherwise unless such waiver is in writing. In the event that PowderWatts waives any of its rights pursuant to this Agreement in one instance, then such waiver will not be deemed a continuing waiver and will not preclude PowderWatts from exercising such rights in another instance.
9. Severability. Except as otherwise set forth in this Section 10(I), each provision of this Agreement is separable and divisible from every other provision and the enforceability of any one (1) provision does not limit the enforceability, in whole or in part, of any other provision. In the event that any provision of this Agreement or your applicable Customer Agreement is declared to be invalid, illegal, void or less than fully enforceable as to time, scope or otherwise, then (except as otherwise set forth in Section 10(I)) such provision must be construed by limiting, reforming and reducing it so that such provision is valid, legal and fully enforceable while preserving to the greatest extent permissible the original intent of the parties; the remaining terms and conditions of this Agreement and your applicable Customer Agreement will not be affected by such alteration, and shall remain in full force and effect.
10. Other Agreements and Policies. You agree that you will comply with all policies and other agreements related to this Agreement, your applicable Customer Agreement, your Order Form, any and all applicable privacy notices (which are available at https://powderwatts.com/privacy-policy/). All such additional policies and agreements are hereby incorporated by reference, including the separate Supplemental Customer Acknowledgement and Agreement. You acknowledge and agree that purchase of the Equipment and use of your Services is subject to each such policy and agreement.
11. U.S. Sales Only. Purchases from PowderWatts or any authorized reseller are available only in the United States. You agree not to use or attempt to use any PowderWatts Services or Equipment outside of the United States or for any illegal or unlawful purpose. You also agree not to transfer or otherwise provide any PowderWatts Services or Equipment to any third party for use outside of the United States. To the extent permitted under applicable law, any sale, offer of sale, transfer or attempted transfer of any PowderWatts Services or Equipment to a third party outside the U.S. relieves PowderWatts of any obligations under these Terms and makes you the seller or transferer liable for those obligations at PowderWatts’s sole discretion.
12. Other. No salesperson, installer, customer service representative, authorized retailer or other similarly situated individual is authorized to change or override this Agreement or your applicable Customer Agreement. PowderWatts may, however, change this Agreement without notice at any time and from time to time. The terms and conditions of this Agreement and your applicable Customer Agreement that either are expressly stated to survive or by their nature would logically be expected to survive its expiration or termination will continue thereafter. This Agreement is in addition to any other written agreement(s), if any, between you and PowderWatts (including, without limitation, your applicable Customer Agreement) and except as provided to the contrary in this Agreement, all such written agreements shall remain in full force and effect. Except as expressly set forth in this Agreement to the contrary, this Agreement replaces and supersedes any and all prior communications, including any discussions or emails, and any other or prior Customer Agreements, in their entirety, and such prior communications and agreements shall be of no further force or effect whatsoever. In the event of any ambiguity between this Agreement and your applicable Order Form, then PowderWatts shall have the sole and exclusive authority to interpret and/or make a final determination concerning any issue arising from such ambiguity.

12. No Guarantee of Damage Prevention

Customer acknowledges that the PowderWatts system is not a guarantee against ice dams, leaks, water intrusion, or property damage. Such conditions may occur even when heat cable systems are operating.

EXHIBIT 1 — FEES

Customer agrees to pay the additional fees listed below, if and when applicable, to PowderWatts or its designated billing partner. PowderWatts may update or modify these fees from time to time.