TERMS OF USE
Empire Solar Solutions, LP (“Company” or “we” or “us”)
operates this web site (the “Web Site”). PLEASE READ THESE
TERMS OF USE (THE “TERMS”) CAREFULLY, AS THEY GOVERN YOUR USE OF
THE WEB SITE AND YOUR LEGAL RIGHTS AND OBLIGATIONS. You agree to
these Terms by accessing the Web Site. If you do not agree to be
bound by all these terms, do not use the web site. The
information and features included on the Web Site have been
compiled from a variety of sources, are for informational
purposes only, and are subject to change at any time without
notice.
OWNERSHIP OF MATERIALS
The Web Site and all of its current and future content, such
as product images, articles, opinions, other text, directories,
guides, photographs, illustrations, images, video and audio clips
and advertising copy, as well as the trademarks, logos, domain
names, trade names, service marks, trade identities and any and
all copyrightable material (including source and object code) and
any other form of intellectual property (collectively, the
"Content") are owned by or licensed to Company or other
authorized third parties and are protected as intellectual
property or otherwise. Except as expressly set forth in these
Terms, no rights (either by implication, estoppel or otherwise)
are granted to you. You may not use the Content except as
expressly set forth in these Terms. unauthorized use, copying,
REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING,
POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER
MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED.
Without limiting the foregoing, and except as may be expressly
permitted by these Terms or by Company or as may be a result of
standard search engine or internet browser usage, you will not
use any robot, spider, rover scraper, or any other data mining
technology or automatic or manual process to monitor, cache,
frame, mask, extract data from, copy or distribute the Content.
Unless otherwise expressly authorized in these Terms or on the
Web Site, you further agree that you will not, in whole or in
part, modify, frame, reproduce, archive, sell, lease, rent,
exchange, create derivative works from, publish by hard copy or
electronic means, publicly perform, display, disseminate,
distribute, broadcast, retransmit, circulate to any third party
or on any third-party web site, or otherwise use the Content in
any way for any public or commercial purpose. You agree that when
using the Web Site you will not violate any applicable local,
state, federal or international law, rule or regulation. Company
may add, change, discontinue, remove or suspend any of the
Content at any time, without notice and without liability.
Copyrights and Copyright Agent
In accordance with the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.
§ 512, we have designated a copyright agent to receive notice of
claims of copyright infringement on this Web Site. Our copyright
agent is Koreen Ryan, who may be reached by telephone at (847)
583-3000, by email at kryan@empire-today.com or by postal mail at
333 Northwest Ave., Northlake, IL 60164.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our copyright
agent with the following information required by the Online
Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or
electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed; (b)
identification of the copyright work claimed to have been
infringed, or, if multiple copyrighted works at a single Web Site
are covered by a single notification, a representative list of
such works at that Web Site; (c) identification of the material
that is claimed to be infringing 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 the complaining party such as
an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted; (e)
a statement that the complaining party has 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 the complaining party is
authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
We have a policy of terminating the ability of users who (in
our reasonable discretion) are repeat infringers to post
submissions on the Web Site.
Restrictions on Use
As used in these Terms, “Affiliates” means Company’s
subsidiaries, divisions, affiliates, directors, officers,
employees, and assigns.
You agree not to:
(i)
transmit or otherwise make available any content that is false,
harmful, threatening, abusive, harassing, tortious, defamatory,
libelous, disparaging (including disparaging of Company or the
Affiliates), vulgar, obscene, pornographic, invasive of another’s
privacy, or that promotes violence, racial hatred, terrorism or
illegal acts or is otherwise objectionable (as determined by
Company in its sole discretion);
(ii)
transmit or otherwise make available any content that is unlawful
or infringes, violates or misappropriates any patent, trademark,
trade identity right, trade secret, publicity right, privacy
right, copyright or any other intellectual property or any other
rights of any third party;
(iii)
upload or transmit viruses, Trojan horses or other harmful,
disruptive or destructive files or post material that interferes
with any third party's uninterrupted use and enjoyment of the Web
Site;
(iv)
impersonate any person or entity, or otherwise disguise the
origin of any content transmitted through the Web Site or to
Company, including forging any TCP/IP packet header or any part
of the header information in any transmission to the Web Site for
any reason;
(v)
transmit or otherwise make available through the Web Site any
personal advertising, junk mail, spam, chain letters, pyramid
schemes or offer for sale of any products or services, except in
areas specifically designated for such purposes;
(vi)
violate any applicable local, state, federal or international
law, rule or regulation; or
(vii)
harass, stalk or otherwise abuse another user.
Items (i) through (vii) are collectively referred to as
“Non-Approved Content.”
User Forums
Any user forums or interactive areas of the Web Site ("User
Forums") are provided to give users an interesting and
stimulating forum to express their opinions and share their ideas
and information. Company does not endorse the content in such
User Forums. Company may not review every message
posted by users in User Forums and is not responsible for the
content of these messages. Company reserves the right to, but is
not obligated to, delete, move or edit content, in whole or in
part, submitted by you to a User Forum for any reason, including
a determination by Company, in Company's sole discretion, that
such content contains Non-Approved Content or violates any of
these Terms.
In addition, Company may delete, move, edit or disclose the
contents of messages when it is required to do so by law or in a
good faith belief that such action is necessary to protect and
defend the rights and property of Company or to protect the
safety of our users or the public. To protect your safety, please
use your best judgment when using User Forums, and consider
carefully whether you want to disclose any information that can
be used to identify or locate you.
INFORMATION YOU SUBMIT
Except as otherwise described in the Web Site’s Privacy Policy
Policy, anything you submit to Company through the Web Site or
otherwise (whether solicited or unsolicited), including, without
limitation, any testimonials (including, without limitation, any
pictures or other items submitted with the testimonials), data,
questions, comments, suggestions, or personal information, is and
will be treated as non-confidential and non-proprietary. You
agree that Company will have the unfettered right to use, reuse,
modify, alter, display, archive, store, distribute, reproduce,
disclose, transmit, publish, broadcast, or post any submissions
or portions of any submissions, locally, nationally or globally,
in any form, media, software or technology of any kind now known
or developed in the future for any purposes whatsoever including,
without limitation, developing, manufacturing and marketing
products using such information, creating informational articles
based on the submissions, or advertising our products and
services, and without remuneration of any kind. You waive any
moral rights you may have in and to any of your submissions, even
if such material is altered or changed in a manner not agreeable
to you. You agree and understand that Company is not obligated to
use any submission you make to Company through the Web Site.
Without limiting any of the foregoing, by submitting a
testimonial, you acknowledge and agree that you are solely
responsible for the accuracy and content of the testimonial and
than no person may appear recognizably in any pictures submitted
with the testimonial. You represent and warrant that the
testimonial is original to you, that any picture submitted with
the testimonial was photographed by you, and that no other party
has any rights thereto. By submitting a testimonial, and in
addition to the disclaimers/limitations on liability set forth
below, you hereby release and discharge company and the
Affiliates from any and all claims that you might have in
connection with the use, publication, display, reproduction,
distribution or exploitation of the testimonial, including,
without limitation, any claims for defamation; violation of any
moral or artist rights; and/or any right of privacy or
publicity.
The internet may be subject to breaches of security. You
should be aware that e-mail submissions over the internet may not
be secure, and you should consider this before e-mailing Company
any information.
DISCLAIMERS/LIMITATIONS ON LIABILITY
YOU UNDERSTAND AND AGREE THAT THE WEB SITE AND ALL MATERIAL
CONTAINED ON IT ARE DISTRIBUTED “AS IS,” “AS AVAILABLE,” “WITH
ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, WHETHER NOW KNOWN OR HEREAFTER ENACTED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT,
FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY STATUTE OR
OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF
PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY
JURISDICTION.
COMPANY AND THE AFFILIATES LIMIT THEIR LIABILITY IN CONNECTION
WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
YOU UNDERSTAND AND AGREE THAT COMPANY and the Affiliates are
not responsible for any damage to any user's computer, INCLUDING,
WITHOUT LIMITATION, DAMAGE from any such security breach or from
any virus, bugs, tampering, fraud, error, omission, interruption,
defect, delay in operation or transmission, computer line OR
NETWORK failure or any other technical or other malfunction. The
Web Site may be temporarily unavailable due to maintenance or
malfunction of computer equipment.
EXCEPT WHERE PROHIBITED: YOU AGREE THAT COMPANY AND THE
AFFILIATES, AS APPLICABLE, ARE NOT LIABLE TO YOU FOR ANY LOSS OR
DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT,
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL,
ECONOMIC, OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT,
STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION,
WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB
SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM OR
IN CONNECTION WITH: (1) THE WEB SITE; (2) ANY ACTION TAKEN IN
CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT
AUTHORITIES REGARDING YOUR USE OF THE WEB SITE; (3) THE CONTENT;
OR (4) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL
OPERATION, EVEN IF COMPANY OR THE AFFILIATES HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE WEB SITE CONTAINS FACTS,
OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY
INDIVIDUALS AND ORGANIZATIONS. THE WEB SITE DOES NOT REPRESENT OR
ENDORSE THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF
ANY FACTS, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER
INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEB
SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS,
OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR
SOLE RISK. IN NO EVENT WILL COMPANY OR THE AFFILIATES BE LIABLE
TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT
LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER
PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES
WILL COMPANY OR THE AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR
ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN ONE
HUNDRED DOLLARS ($10).
BY ACCESSING THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE
WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME
UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY
EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE
OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY,
WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.
INDEMNIFICATION
By using the Web Site you agree to indemnify, defend and hold
Company and the Affiliates harmless from and against any actual
or alleged claims, demands, causes of action, judgments, damages,
losses, liabilities, and all costs and expenses of defense
(including, without limitation, reasonable attorneys' fees and
court costs) arising out of or relating to: (a) your violation of
these Terms or any law, rule or regulation; (b) a claim that is
based on your use of the Web Site and/or the Content; or (c) any
content uploaded by you or through your computer to the Web Site
or otherwise sent by you to Company (including, without
limitation, any testimonials). You will cooperate as fully and
reasonably as required by Company or the Affiliates in the
defense of any claim. Company reserves the right, at its own
expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, and you shall
not in any event settle any matter without the prior written
consent of Company.
THIRD PARTIES/NO ENDORSEMENT
The Web Site may provide links to or content from third-party
web sites and other resources that could be of interest to our
users. Your dealings or communications through the Web Site with
any party other than Company are solely between you and that
third party. Third-party web sites may have different privacy
policies, terms and conditions, and business practices than we
do. We do not endorse, verify, make any representations, or take
responsibility for the content, truthfulness, accuracy, quality
or completeness of the content or activities conducted on or by
such web sites. If you decide to access and use third-party web
sites, you understand, acknowledge, and agree that you do so at
your own risk.
Reference to any product, process, publication or service of
any third party by trade name, domain name, trademark, service
mark, logo, manufacturer or otherwise does not constitute or
imply its endorsement or recommendation by Company or the
Affiliates. Views and opinions of users of the Web Site do not
necessarily state or reflect those of Company or the Affiliates.
Neither Company nor the Affiliates are responsible for the
content or performance of other web sites to which the Web Site
may be linked or from which the Web Site may be accessed.
LINKING POLICY
If you link to the Web Site, we require that you follow these
guidelines. The link to the Web Site must not damage, dilute or
tarnish the goodwill associated with any Company names or any
other intellectual property, nor may the link create the false
appearance that your web site and/or organization is sponsored
by, endorsed by, affiliated or associated with Company. You agree
that you will not link to the Web Site from any source that is
unlawful, abusive, indecent or obscene, that promotes violence or
illegal acts, that contains expressions of racism, that is
libelous, defamatory, scandalous, or inflammatory or is otherwise
inappropriate. Under no circumstances may you "frame" the
Web Site or alter its intellectual property or Content in any
way. Company reserves the right, in its sole discretion, to
terminate a link with any web site that it deems inappropriate or
inconsistent with the Web Site or these Terms.
PROMOTIONS
This Web Site may contain or offer sweepstakes or other
promotions, which may be governed by a separate set of rules that
describe the sweepstakes or promotion and may have eligibility
requirements, such as certain age or geographic area
restrictions. It is your responsibility to read those rules to
determine whether or not your participation, registration or
entry will be valid and to determine the sponsor’s requirements
of you in connection with the applicable sweepstakes or
promotion.
LOCATION
Company operates the Web Site in the United States.
Information contained on the Web Site may not be appropriate or
available for use in other locations, and access to the Web Site
from territories where the content of the Web Site may be illegal
is prohibited. If you access the Web Site from other locations,
you do so on your own initiative and you are solely responsible
for compliance with applicable laws. These Terms shall be
construed and enforced in accordance with the laws of the State
of California, without regard to its conflicts of law principles
and will specifically not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, if
otherwise applicable. Any cause of action filed by you with
respect to the Terms and/or your use of the Web Site must be
filed in the County of Los Angeles, State of California within
ninety (90) days after the occurrence of the facts giving rise to
the cause of action, otherwise the cause shall be forever barred.
You hereby consent and submit to the exclusive jurisdiction and
venue of the courts located in the County of Los Angeles, State
of California for any cause of action arising under these Terms
or related to the Web Site.
ADDITIONAL TERMS
You agree to comply with all rules, laws, and regulations that
are applicable to your use of the Web Site, including, without
limitation, all applicable laws, rules, and regulations governing
your transmission or use of any software or data. If any
provision of these Terms is found to be invalid by any court
having competent jurisdiction, the invalidity of such provision
will not affect the validity of the remaining provision of these
Terms, which will remain in full force and effect. The section
titles in these Terms are for your convenience only and do not
have any legal or contractual effect.
You understand and agree that Company will determine your
compliance with these Terms in its sole discretion. Any violation
of these Terms may result in restrictions on your access to all
or part of the Web Site and may be referred to law enforcement
authorities. No waiver of any of these Terms shall be of any
force or effect unless made in writing and signed by a duly
authorized officer of Company. Company reserves the right, in its
sole discretion, to modify or discontinue the Web Site, or any
portion of the Web Site, without notice to you or any third
party. Upon termination of your membership or access to the Web
Site, or upon demand by Company, you must destroy all materials
obtained from the Web Site and all related documentation.
We reserve the right, in our sole discretion, to modify,
alter, or otherwise change these Terms. We will post any changes
to these Terms on the Web Site. Your continued use of the Web
Site after the posting of any change in the Terms will constitute
your acceptance to be bound by any such changes.
In the event there is a discrepancy or inconsistency between
the English language version and any translated version of these
Terms, unless otherwise provided by law, the English version
shall prevail and govern.
These Terms have an Effective Date of October 22,
2008.
