Terms of Use.
PACIFICSKYSOLAR.COM TERMS OF USE
These terms of use (“terms”) apply to your use of the PacificSky Solar website. By accessing, using, or posting anything to PacificSkySolar.com, you agree to use PacificSkySolar.com in accordance with all applicable laws and regulations and in accordance with the terms. By accessing, using, or posting anything to PacificSkySolar.com, you agree to be bound by these terms, the Privacy Policy (hereby incorporated by reference), and the PacificSky Solar Referral Program Terms and Conditions (hereby incorporated by reference). These terms may be updated from time to time without notice to you, and you further agree to be bound by the version of the terms that are in effect each time you visit PacificSkySolar.com.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE IN ANY MANNER.
License and Website Access
PacificSky Solar grants you a limited, non-exclusive and revocable license to use PacificSkySolar.com in accordance with these terms. The content of PacificSkySolar.com that is posted by us, including, but not limited to, any text and images contained herein and their selection and arrangement, is owned by us or our content providers. You may download material from PacificSkySolar.com that is posted by us for your personal use; however, you may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material contained on PacificSkySolar.com. You acknowledge that we or our third party content providers retain ownership of the posted materials and that you are not acquiring any ownership rights by downloading copyrighted materials.
Notwithstanding the foregoing, we reserve the right in accordance with any applicable laws, to refuse access to anyone at any time in our sole discretion and without notice to you for any reason, or for no reason.
Your Representations and Warranties
You represent and warrant that you possess the legal right and ability to agree to these terms and that all information that you submit to PacificSkySolar.com is true, accurate and current. You agree that you will not: (i) collect users’ information, or otherwise access PacificSkySolar.com, using automated worms, viruses or other malicious codes; or (ii) transmit worms, viruses or other malicious codes. You affirm that you are over the age of 13, as PacificSkySolar.com is not intended for children under 13. If you are under 13 years of age, then you may not use PacificSkySolar.com. You agree that in using PacificSkySolar.com, including the interactive features therein, you will adhere to the following:
You agree not to modify in any way any specifications, technology or application codes provided to you by PacificSky Solar or as embedded in the User Content unless expressly authorized in writing by PacificSky Solar.
You agree not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password.
By posting information through PacificSkySolar.com you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display your information alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights to others. You acknowledge that no compensation will be paid with respect to the use of your information. You represent and warrant that you have proper authorization for the worldwide transfer and processing among PacificSky Solar, its affiliates and third-party providers of any of information that you may provide on PacificSkySolar.com.
Intellectual Property and Trademarks
All content on PacificSkySolar.com, including but not limited to, text, graphics, logos, icons, images, headers, illustrations, audio clips, digital, downloads, data compilations, video clips and software is owned or licensed by us or our content providers, and is protected by United States and international copyright laws. In addition, all trademarks and intellectual property are also the property of PacificSky Solar or its content suppliers and any use, misuse or copying of any trademarks or intellectual property is prohibited without our express authorization.
Except as expressly authorized in writing by PacificSky Solar or PacificSkySolar.com content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means.
Limitation of Liability and Warranty
YOU AGREE THAT USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK AND THAT THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PACIFICSKY SOLAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, LINKS TO OTHER WEBSITES, OR ANY OTHER MATERIAL INCLUDED ON THE WEBSITE OR THE ACCURACY OR CONTINUED AVAILABILITY OF ANY OF THE FOREGOING.
Information Provided by You is Not Confidential or Proprietary
Any information uploaded by you to PacificSkySolar.com or provided to us, including but not limited to photos, names, links, data, questions, comments, suggestions, or the like, shall be deemed to be non-confidential; we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. We shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.
We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Notices of Infringement
We or our designees will investigate notices of infringement of third parties’ rights, and will take appropriate actions, including for copyright infringement, those provided for under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you are a rights owner and become aware of an infringement of one of your works or intellectual property, submit a complaint to our email address.
Indemnification
You agree to indemnify, defend and hold us harmless, as well as each partner and member thereof, its subsidiaries and other affiliated companies, its officers, directors and employees from all liabilities, claims and expenses, including reasonable attorney fees that arise from your use or misuse of PacificSkySolar.com, including any violation by you of these terms.
Third Party Links
Although this site may be linked to other sites, PacificSky Solar is not, directly or indirectly, implying any approval, authorization, association, sponsorship, endorsement, or affiliation by us with respect to the linked site, its owners or its providers, unless specifically stated therein. We provide these links only as a convenience to you. By entering PacificSkySolar.com you acknowledge and agree that PacificSky Solar has not reviewed or tested any information, software or products found on these websites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, or products found on the Internet; and we caution you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. Your linking to any other off-site pages or other sites is at your own risk.
Severability
This agreement constitutes the entire agreement between you and us with respect to PacificSkySolar.com and supersedes all prior or contemporaneous communications, whether oral, written or electronic, between you and PacificSky Solar. Should any of these terms of use conditions be held invalid or unenforceable, the remaining portions of this agreement shall remain in full force and effect.
Miscellaneous
Both you and PacificSky Solar acknowledge and agree that no partnership is formed and neither of you nor PacificSky Solar has the power or the authority to obligate or bind the other. The failure of PacificSky Solar to comply with these terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of PacificSky Solar, shall not be deemed a breach of these terms. If PacificSky Solar fails to act with respect to your breach or anyone else’s breach on any occasion, PacificSky Solar is not waiving its right to act with respect to future or similar breaches. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.