In consideration of the Internet access and services (the
“Services”) being provided to you by PowerHouse
Solar, you agree to the terms and conditions of this Customer
Use Agreement (the "Agreement").
Permission to access this information is restricted to people
who accept the terms of this agreement. If you do not wish
to be bound by these terms and conditions, you may not access
or use the Service. PowerHouse Solar may modify this Agreement
at any time, and such modifications will be effective immediately
upon posting of the modified Agreement. You agree to review
the Agreement periodically to be aware of such modifications
and your continued access or use of the Service will be deemed
your conclusive acceptance of the modified Agreement.
1. YOU AGREE TO USE ALL SERVICES AT YOUR OWN
RISK. ALL SERVICES ARE PROVIDED AS IS AND WITHOUT REPRESENTATION
OR WARRANTY OF ANY KIND UNLESS REQUIRED BY APPLICABLE LAW.
POWERHOUSER SOLAR SPECIFICALLY DISCLAIMS ALL WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT WILL POWERHOUSE SOLAR BE LIABLE FOR ANY LOSS,
LOSS OF DATA, OR OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THIS
INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES,
WRONG DELIVERIES, AND ANY AND ALL SERVICES INTERRUPTIONS CAUSED
BY POWERHOUSE SOLAR PARTIES OR YOUR ERRORS OR OMISSIONS. TO
THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND RELEASE
ALL CLAIMS AND CAUSES OF ACTION ACCRUED AT ANY TIME AND WHETHER
KNOWN ON UNKNOWN, AGAINST POWERHOUSE SOLAR AND ITS SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBCONTRACTORS,
SUPPLIERS, SUCCESSORS AND ASSIGNS (THE ”POWERHOUSE SOLAR
PARTIES") FOR ANY AND ALL LOSS AND DAMAGE CAUSED IN WHOLE
OR PART BY [COMPANY NAME] PARTIES AND/OR YOUR USE OF THE SERVICES.
IF THIS WAIVER AND RELEASE IS NOT GIVEN FULL EFFECT, THEN
THE TOTAL AMOUNT OF ANY LIABILITY OF [COMPANY NAME] PARTIES,
INCLUDING ALL ATTORNEY’S FEES AND COSTS, WILL NOT EXCEED
THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERVICES (EXCLUDING
AMOUNTS PAID FOR OTHER GOODS OR SERVICES PROVIDED BY [COMPANY
NAME] OR ITS AFFILIATES) FOR THE ONE MONTH PRECEDING POWERHOUSE
SOLAR ’S RECEIPT OF WRITTEN NOTICE OF YOUR CLAIM.
2. You agree to protect and indemnify PowerHouse
Solar against any and all liability, loss or expense arising
from claims of libel, unfair competition, unfair trademarks,
trade names or patents, violations of rights of privacy and
infringement of copyrights and property rights resulting from
your use of the access and other services provided by PowerHouse
Solar.
3. You agree that your username and password
and changes to both of these items are your responsibility.
4. PowerHouse Solar reserves the right to take
whatever actions we deem appropriate to enforce these policies.PowerHouse
Solar also reserves the right to change these policies without
prior notice at any time. The actions PowerHouse Solar takes
may include account suspension or termination. PowerHouse
Solar reserves the right to refuse service to anyone at anytime
for any reason.
5. You understand that the services provided
by PowerHouse Solar may be interrupted for several reasons.
These include, but are not limited to, malfunctions, maintenance,
and improvement or as required to protect network resources
in the event of malfunctions or misuse. You understand that
it may not be possible for you to receive advance notice of
any such interruption of service. PowerHouse Solar will not
be liable for any delay in or failure to perform the services
caused by circumstances beyond its control such as those occasioned
by other companies or organizations, acts of God or other
causes, or which it could not have reasonably foreseen or
any other cause, which similarly impedes the providing of
service.
6. You agree that this service is governed by
the Laws of the PowerHouse Solar. You agree that the County
of Shasta will be the forum for any legal action relating
to the services provided.
7. Any Internet activity, which references back
to PowerHouse Solar or its services in a damaging manner,
will result in suspension or termination of account(s). Illegal
Internet activity using or referencing to PowerHouse Solar
or an account or services provided by PowerHouse Solar will
result in immediate termination, possible prosecution, and
assessment of legal fees accrued.
8. Impersonating another user or otherwise falsifying
one's user name in e-mail or any post to any newsgroup or
mailing list is strictly prohibited. You will be held liable
for any and all costs incurred by PowerHouse Solar as a result
of your violation of these terms and conditions.
9. It in the event of any such litigation, the
prevailing party will be entitled to collect its reasonable
attorneys’ fees and litigation expenses, from the non-prevailing
party. In no event will PowerHouse Solar be liable to any
party for any claim attributable to errors, omissions, or
other inaccuracies in the materials or information available
on or through our pages.