OnPeak Solar, Inc. Web site Terms of Use
The following are terms of a legal agreement between you and OnPeak Solar, Inc. ("OnPeak"). By accessing, browsing, communicating through, or using this web site in any manner, you agree to be bound by these terms and to comply with all applicable laws and regulations. Please do not use this web site if you do not agree to these terms. OnPeak may without notice revise these Terms of Use or any other information contained in this web site. In addition, OnPeak may also make improvements or changes to the services and products described in this web site at any time without notice.
Additional or different terms, conditions, and notices may apply to specific products and services offered through this web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use.
This web site and all content on the site may not be copied, reproduced, uploaded or distributed without OnPeak's prior written consent, except that OnPeak grants you limited permission to access and display the web pages on this web site in conjunction with your reasonable use in your evaluation of our products and services or your referral of our products and services to other parties as part of our referral bonus program. This permission is conditioned on your not modifying the content of this web site. Noncompliance with these terms and conditions will result in the termination of the rights granted to you without prior notice and any electronic materials in your possession or control must be destroyed.
Information on this web site is not guaranteed to be correct, current, or complete, and this web site may contain typographical errors or technical inaccuracies. OnPeak disclaims responsibility for updating this site to keep information current or ensure the accuracy or completeness of information. Your written contract with OnPeak when contracting for services and products will govern our relationship with you and accordingly, you should confirm the accuracy and completeness of information on this web site that will be used in making your purchase decision.
In the frequently asked questions, definitions, incentives, and financing pages, among others on web site, it is not our intent to provide any legal, tax, or financial advice specific to your situation. You should consult with your legal, tax, and financial advisors with regard to any questions that are of concern to you. During our on-site survey and analysis we may recommend certain financing and tax strategies, however, because our knowledge of your individual circumstances is limited to what you tell us, we may not be in the best position to advise you on certain matters. Current legal, tax, and financial information, rules, and regulations may change in the future and estimates of system payback and return-on-investment can not be guaranteed.
OnPeak does not want to receive any confidential information from you through our web site except for limited contact and other information that is contained in our referral and contact web pages. OnPeak maintains a privacy policy that governs the collection and use of confidential information.
This web site may provide links or references to other web sites and resources. OnPeak disclaims responsibility for any and all third-party web sites and resources. The existence of a link to a third-party web site does not mean that OnPeak endorses the products, services, or information that it contains. You agree that OnPeak is not responsible for your relationship with and any information gathered from a third-party regardless of whether such relationship was initiated through a link or reference from this web site.
Links to this web site must be approved in advance in writing except that OnPeak consents to links which directly link to the pages on this web site and do not misrepresent our relationship or provide for an endorsement of your products or services when none so exists. You agree that OnPeak reserves the right to terminate link approval or consent at any time and without notice and also reserves the right to approve links at its sole discretion.
DISCLAIMER OF WARRANTY
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. ONPEAK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, ONPEAK MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD MATERIALS AND INFORMATION FROM THIS WEB SITE OR LINKED SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
LIMITATION OF LIABILITY
IN NO EVENT WILL ONPEAK BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ONPEAK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.