BY ACCESSING THE SITE, YOU ARE HEREBY ACCEPTING AND AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE OR ACCESS ANY FEATURES OR SERVICES PROVIDED ON OR THROUGH THE SITE.
We reserve the right, at our sole discretion, to modify these Terms and Conditions at any time and to notify users of any such changes solely by changing these Terms and Conditions. Any such changes shall become effective immediately upon posting on this Site. Therefore, you should review the Terms and Conditions periodically. Your continued use of the Site following the posting of any changes shall constitute your acceptance of the revised Terms and Conditions.
1. Limited Right to Use. Subject to the Terms and Conditions of this Agreement, you are hereby granted a limited, nonexclusive license to view, print and download content, graphics, forms or documents from the Site for use solely by you for your personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the Site terminates the permission or license granted hereunder. You agree not to copy, modify, tamper with, or corrupt the Site or any portion of it.
2. Copyright. The Site is protected by applicable copyright laws and is owned by Avid Solar LLC. The content, organization, design, text, compilations, images, photographs, illustrations, artwork or other graphics and graphic material, audio, video, domain name, HTML and other code, and any other copyrightable elements, as well as the selection and arrangement thereof, and other matters related to the Site (collectively, the “Content and Materials”) are protected under applicable copyright laws and are owned by Avid Solar LLC. The copying, redistribution, use or publication by you of the Site, the Content and Materials, or any part thereof, except as allowed by Section 1, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Access Limits. You may not use any automated means to access the Site or collect any information from the Site (including, without limitation, agents, robots, spiders or scripts), frame the Site, utilize framing techniques to enclose any proprietary information or material, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping” or any other activity intended to collect, store, reorganize or manipulate the information contained in this Site. You may not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use or enjoyment of the Site.
4. No Resale of the Site. You agree not to reproduce, duplicate, copy, create derivative works, frame, publicly display, copy or adapt HTML or other code on the Site to generate web pages, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
5. Editing, Deleting and Modification. We reserve the right in our sole discretion and for any reason to suspend, discontinue, edit or remove any documents, information or other content appearing on the Site.
6. Indemnification. You agree to indemnify, defend and hold Avid Solar LLC and the Affiliated Parties harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
7. Disclaimer. THE SITE AND THE INFORMATION, DOCUMENTS AND OTHER CONTENT AND MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY SUCH INFORMATION, DOCUMENTS AND OTHER CONTENT AND MATERIALS. IN NO EVENT SHALL WE BE LIABLE TO ANY USER OF THIS WEBSITE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS), EVEN IF WE OR OUR AFFILIATED PARTIES HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, WE DO NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE WILL WORK PROPERLY OR WILL BE AVAILABLE CONTINUOUSLY AND ARE NOT RESPONSIBLE FOR DAMAGES ARISING OUT OF ANY INFECTION OR CONTAMINATION OF YOUR SYSTEM, ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OR YOUR USE OF THE SITE OR WITH RESPECT TO THE INFORMATION, CONTENT, DOCUMENTS, OR MATERIAL CONTAINED ON THIS SITE.
IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE EXCEED THE AMOUNT, IF ANY, ACTUALLY PAID TO US BY YOU FOR USE OF THE SITE.
8. Third Party Sites. The Site may contain links to other websites. We are not responsible for the content of such websites and such websites are not investigated, monitored or checked for accuracy or completeness by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
9. Third Party Materials. Some of the information on the Site may be provided by external sources. We are not responsible for the accuracy, reliability or currency of the information provided by external sources. Users wishing to rely upon this information should consult directly with the source of the information.
10. Use of Information. We welcome your comments, feedback and suggestions about how to improve the Site. However, you agree that by sending us any idea, suggestion, information, know-how, material or any other content (collectively, “Submissions”), such Submissions become our property and that we may, at our option, use the suggestion or idea (or any modification or derivative thereof) without any obligation to you.
11. Miscellaneous Provisions. You hereby acknowledge that you have read this Agreement, understand it and agree to be bound by its Terms and Conditions. These Terms and Conditions constitute the entire agreement between us and you with respect to the subject matter hereof and govern your use of the Site, superseding any prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts (without regard to conflicts of law principles). Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other provisions of the Agreement shall remain in full force and effect. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the state or federal courts sitting in the Commonwealth of Massachusetts and you expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. All actions shall be subject to the limitations set forth in Sections 7-9. The section titles in these Terms and Conditions are for convenience only. You may not transfer any rights or obligations you may have under this Agreement. This Agreement, or any right or obligation hereunder, is freely transferable by us. This Agreement may be terminated by either party for any reason at any time. However, you agree that the foregoing Terms and Conditions shall survive any termination of your rights of access to the Site.
When someone completes a form on our website, we collect contact information including the name, address, e-mail and phone number of the person making the inquiry. In addition to responding to the initial inquiry, Avid Solar LLC may call or send periodic e-mails containing news and special offers to individuals that provide us with their contact information. Individuals can opt-out of the e-mails using the UnSubscribe link in the e-mail or by letting us know. Occasionally, we may also send something through postal mail to people that contact us.