2. ADDITIONAL TERMS. By using the SolarTown Sites, you further agree that you will comply with any additional terms that we may provide to govern certain products or services that we offer from time to time (“Additional Terms”); we will present any such Additional Terms in conjunction with the applicable products and services. We may also require your agreement to rules of participation (“Rules”) for activities and services such as (by way of example only) award programs, promotions, contests or sweepstakes. Any Additional Terms or Rules that we promulgate are hereby incorporated in these Terms by this reference. In addition, we reserve the right to modify or terminate any award programs, promotions, contests or sweepstakes at any time in our sole discretion and without notice.
5. PRODUCT LISTINGS. We strive for accuracy in all product-related information available on or from the Site. Nevertheless, we make no guarantee that all item descriptions, pricing, specifications, and other product-related information listed will be entirely accurate, complete or current, nor do we assume any responsibility for errors in product listings or product-related information. In the event any product listing on the Site contains inaccurate or incorrect information, the Company may elect (in its sole discretion) to refuse and/or cancel any order for that product. We also make no guarantees regarding, and will have no liability for, any changes or variations in product appearances or specifications. Please review our Return Policy for your options in the event that you receive a product that differs from what you were expecting.
6.2 ACCURACY OF INFORMATION. Some services on the SolarTown Sites permit or require you to create an account to participate in services offered, to access additional content, or to secure additional benefits. You must provide, maintain and update accurate, complete, truthful and current information in response to all questions asked and requests made by our registration processes, and you will only use your own account to access the SolarTown Sites and any services they offer. You will not under any circumstances use the account, username, or password of someone else at any time.
7. ACCOUNT SECURITY. You are entirely responsible for maintaining the confidentiality of any password and other account information that you create in order to access or use the SolarTown Sites. You agree to notify us immediately on any unauthorized use of your account, user name, or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password, whether authorized or not.
8. USE OF SOFTWARE. Use of the Site may require you to use software provided by or operated from the Site, and on occasion we may make certain software available to you from the Site. To the extent you use such software or download such software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) will be deemed to be licensed to you by us, for your personal, noncommercial use only. We do not transfer either the title or the intellectual property rights to the Software, and we (or our licensors) retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
9. TRADEMARK INFORMATION. The SolarTown name and logo, together with any and all other Company logos and product and service names, are trademarks of the Company, and you may not copy, use or display them in any manner other than as they are displayed on a SolarTown Site without our prior written consent, which we may withhold in our sole discretion.
10. USER MATERIALS. Many of the SolarTown Sites welcome and even invite comments, reviews and other content from their users, and may allow interaction by and among SolarTown Site users by permitting those users to participate in forums, submit comments, provide posts and other content to web logs (or “blogs”) provided by the Company and by third parties. As a result, you may from time to time have the opportunity to provide the Company with content that you generate in connection with your participation in the aforementioned services, and certain, important terms and conditions apply to any such content that you elect to provide, as follows:
10.2 LICENSE GRANT. By submitting, posting, uploading, transmitting, displaying, communicating, or otherwise distributing User Content to or through any SolarTown Site, you are granting us and our licensees, distributors, partner websites, advertisers, agents, representatives and other authorized users a worldwide, perpetual, nonexclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under all copyrights, patents, trademarks, trade secrets, privacy and publicity rights and other proprietary rights that you own or control in the User Content as follows:
(a) We may use, reproduce, transmit, display, publicly perform, distribute, comment on, modify, create derivative works of and otherwise exploit your User Content, in whole or in part, in all tangible and electronic formats whether now known or hereafter developed, and we may do so on SolarTown Sites, on third-party websites, through books, magazines, newspapers, film, television, wireless and mobile platforms, in products that we or others develop, and on physical media.
(b) We can use your User Content both internally and externally and for any and all purposes as we may determine in our sole discretion, including, without limitation, for marketing and promotion, for advertising, for entertainment, for news and information, and for development and improvement of the SolarTown Sites, and we can do so without further notice to you, and without obtaining your permission or making any payment to you or to any other person or entity for such use.
(c) Under no circumstances will we have any obligation to compensate you for any use we may make of your User Content. if you have provided us with your name or otherwise used your name to identify your User Content, we may elect to publish or otherwise disclose your name in connection with your User Content, but we will have no obligation to do so.
10.3 PUBLIC FORUMS. The SolarTown Sites may contain areas or features that offer users the opportunity to provide User Content in a way that makes it available for viewing by other SolarTown Site users. These areas or features may include, by way of example only, customer comments, chat rooms, message boards, instant or mobile messaging services, user blogs, comments and user email accounts. You understand and agree that any such areas and features are intended for public communications only, and you that have no expectation of privacy with regard to any User Content that you provide using any such areas or features. Disclosures made using these areas or features are at your own risk, and we make no guarantee regarding the privacy or security of any information you disclose through any of these areas or features. You are and shall remain solely responsible for the User Content provided using your account on or through any SolarTown Site, and we will have no duty to monitor any of the areas or features described in this paragraph.
11. USER CONDUCT.
11.1 COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the services it offers, and when providing any User Content to or through any SolarTown Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the SolarTown Sites is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to submit, post, upload, transmit, display, communicate, or otherwise distribute User Content in violation of any third party’s copyrights, patents, trademarks, trade secrets or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your user account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
11.3 PROHIBITED USES. In addition to the foregoing, we impose certain restrictions on your permissible use of the SolarTown Sites and the services they offer. You are prohibited from violating or attempting to violate any security features of any SolarTown Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of any SolarTown Site or any associated services, system or network, or to breach security or authentication measures without proper authorization; (c) using any automated process or service (such as, by way of example only, any spider, robot, or automated searching or “scraping” tool) to monitor, access or copy any content from any SolarTown Site; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to a SolarTown Site, overloading, initiating or facilitating any “denial of service” attack, “flooding,” “spamming,” “mail bombing,” or “crashing;” (e) using any SolarTown Site or its servers to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using a SolarTown Site; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the SolarTown Sites or their services. Any violation of system or network security may subject you to civil and/or criminal liability, and will result in a loss of your ability to access and use the SolarTown Sites.
12. TERMS APPLICABLE TO USERS MAKING PURCHASES ON THE SITE. The following provisions apply if you are using the Site to make any purchases from us:
12.1 PAYMENT METHODS
(c) American Express
12.2 SALES TAX. Sales tax is charged for orders shipping to addresses within the District of Columbia, where our only office is located.
12.3 DEPOSITS ON CERTAIN ORDERS. As a protection against credit card fraud, and as a convenience to us, our users, and our business partners, if your order (a) is for more than $1,000, (b) will not ship for at least five days, or (c) creates any questions or confusion as to the shipping address or otherwise appears to include inaccurate or incomplete information (as determined by SolarTown in its sole discretion), then SolarTown will initially charge your credit card $10 when you place the order. Once your order is ready to be shipped, we will then charge your credit card for the balance of the order. You may cancel your order at any time before we charge you for the balance of the order, and we will refund the $10 initial payment to you when we process the cancellation. By placing any order with us that requires us to conduct this two-step process, you are agreeing that we can bill you in this way; unfortunately, we are unable to make exceptions to this billing process. Please contact us using the contact information in Section 3 if you have any questions.
12.4 CANCELLATIONS. You may request that an order be cancelled provided the order has not already been processed. Simply use the Contact Us page to request an order cancellation. We will process your credit for the full amount to your credit or debit card in approximately 1-2 business days. If you request to cancel an order that has already been processed, it will be treated as a return subject to our return policy.
12.5 SHIPPING POLICY. The terms of our shipping policy are set forth in our Shipping Policy, and are incorporated herein by reference.
12.6 DAMAGE POLICY. The terms of our damage policy are set forth in our Damage Policy, and are incorporated herein by reference.
12.7 RETURN POLICY. The terms of our return policy are set forth in our Return Policy, and are incorporated herein by reference.
12.8 PRODUCT WARRANTIES.
(a) EXCEPT AS OTHERWISE SPECIFIED IN WRITING AT THE TIME THAT YOU PLACE AN ORDER, ALL ITEMS SOLD THROUGH THE SITE ARE SOLD “AS-IS,” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH YOU. SUBJECT TO YOUR RIGHTS UNDER OUR DAMAGE AND RETURN POLICIES, IF ANY ITEM YOU PURCHASE SHOULD PROVE DEFECTIVE, DOES NOT FUNCTION, OR FUNCTIONS IMPROPERLY IN ANY WAY FOLLOWING ITS PURCHASE, YOU (AND NOT THE MANUFACTURER, DISTRIBUTOR, OR THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
(b) THE COMPANY IS A DISTRIBUTOR ONLY, AND PRODUCTS SOLD ON THE SITE ARE NOT MANUFACTURED BY THE COMPANY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE COMPANY MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO ANY PRODUCT, AND THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. CERTAIN PRODUCTS MAY, HOWEVER, BE COVERED BY A MANUFACTURER’S WARRANTY, SERVICE, AND/OR SUPPORT POLICY. TO THE EXTENT POSSIBLE, THE COMPANY WILL ASSIGN AND PASS THROUGH TO YOU ANY WARRANTY OF THE MANUFACTURER, AND YOU UNDERSTAND AND AGREE THAT YOU WILL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS.
13. COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the services we offer. We have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it in writing to the Company’s designated agent, who may be reached at the following address:
1020 16th St NW
Washington, DC 20036
14. NO WARRANTIES. WE ARE MAKING THE SOLARTOWN SITES AND ANY SERVICES THEY PROVIDE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, EACH SOLARTOWN SITE OR THE SERVICES IT OFFERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOLARTOWN SITES AND OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SOLARTOWN SITES OR ANY SERVICES THEY OFFER WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF ANY SOLARTOWN SITE OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, THE COMPANY DOES NOT MAKE ANY WARRANTIES ON ANY THIRD PARTY PRODUCTS OR SERVICES THAT MAY BE AVAILABLE FROM THE SITE; WARRANTIES ON SUCH PRODUCTS OR SERVICES, IF ANY, WILL BE THE RESPONSIBILITY OF THE THIRD PARTIES PROVIDING THE PRODUCTS AND/OR SERVICES, AND IT IS YOUR RESPONSIBILITY TO REVIEW SUCH THIRD-PARTY WARRANTIES BEFORE PURCHASING ANY PRODUCTS OR SERVICES.
15.1 DISCLAIMER REGARDING THIRD-PARTY CONTENT. THE SOLARTOWN SITES CONTAIN THE OPINIONS AND VIEWS OF BLOGGERS, JOURNALISTS, ADVERTISERS AND OTHER USERS, ALL OF WHOM ARE BEYOND THE CONTROL OF COMPANY. GIVEN THE INTERACTIVE NATURE OF THE SOLARTOWN SITES, WE DO NOT AND CAN NOT BE RESPONSIBLE FOR, OR OTHERWISE ENDORSE OR GUARANTEE, THE ACCURACY OR TRUTHFULNESS OF ANY SUCH CONTENT GENERATED BY THIRD PARTIES.
15.2 DISCLAIMER REGARDING USER ACTIONS. WE DO NOT PRE-SCREEN, INVESTIGATE OR OTHERWISE REVIEW OR APPROVE USERS, AND WE CANNOT GUARANTEE USER IDENTITIES OR ANY INFORMATION THAT USERS PROVIDE. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS YOU MAY TAKE ON OR IN CONNECTION WITH THE SITE OR THE SERVICE. YOU SHOULD NOT PROVIDE ANY PERSONAL INFORMATION TO ANY OTHER USER UNLESS YOU KNOW WHO THAT USER IS AND KNOW WHAT HE OR SHE INTENDS TO DO WITH YOUR PERSONAL INFORMATION. MUCH OF THE CONTENT WE PROVIDE IS INFORMATION THAT RESIDES ON OUR SERVERS AT THE DIRECTION OF OUR USERS, AND YOU MUST USE YOUR OWN INDEPENDENT JUDGMENT IN USING THE SITE AND BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS BASED ON INFORMATION YOU MAY OBTAIN FROM THE SITE.
16. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOLARTOWN SITES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. WE MAY TERMINATE YOUR ACCESS TO THE SOLARTOWN SITES OR ALTER OR DELETE THE SOLARTOWN SITES OR THEIR CONTENT OR FEATURES AT ANY TIME, IN ANY WAY, AND FOR ANY REASON OR NO REASON, ALL IN OUR SOLE DISCRETION.
19. COPYRIGHT. All contents of the Site are: Copyright © SolarTown, LLC and its licensors. All rights reserved. For more information (including any questions about reusing materials found on the Site), please contact us at the address set forth in Section 2 above.
22. NO LICENSE. Nothing contained on the SolarTown Sites should be understood as granting you a license to use any of our trademarks, service marks, or logos, or the trademarks, service marks, or logos owned by any third party.
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