LEGAL
I. Legal
Welcome to the Sunscape Solar, Inc. website. Please review the following terms and conditions concerning your use of this site. By accessing, using or downloading content from this website you agree to follow and be bound by these terms and conditions. Sunscape Solar reserves the right to change these terms and conditions from time to time at its sole discretion. Therefore, you should periodically visit this page to review the then current terms and conditions to which you are bound. In the case of any violation of the terms and conditions set forth herein, Sunscape Solar reserves the right to seek all remedies available by law and in equity for such violations. These terms and conditions apply to all visits to the Sunscape Solar website, both now and in the future.
II. Forward-looking Statements
Sunscape Solar's press releases, presentations and printed remarks and materials are included on this website for historical purposes only. The information contained in these documents should be considered accurate only as of the date of the relevant document. This information may change over time; therefore, visitors to this website should not assume that the information contained in these documents remains accurate at a later time. We do not have any current intention, and expressly disclaim any obligation, to supplement, update or revise any of the information in these documents. This website may contain information considered to be forward-looking and reflects management's current expectations. These forward-looking statements may be identified by terminology such as may, will, could, should and expect and the negative of these terms or other similar expressions. We remind you that these statements involve known and unknown risks, uncertainties and other factors that may cause our actual results, performance or achievements to be materially different from any future results, performance or achievements expressed or implied by the forward-looking statements. Such factors include, among others: our limited operating history and variability of operating results; our ability to identify and retain key customers; our ability to anticipate consumers' desires and design new products that incorporate feature sets that are attractive to our customers; our ability to manage and maintain our suppliers; our dependence on key employees; changes in laws and regulations associated with solar power; risks associated with general economic uncertainty; and other risk factors. Please refer to our SEC filings for a more detailed description of some of these and other risks and uncertainties that could affect our performance or achievements. You should not place undue reliance on these forward-looking statements.
III. Use
You may not use, download or copy any content on this website unless: (1) you use the content solely for personal, informational and non-commercial purposes; (2) the Sunscape Solar trademark and copyright symbol and statement set forth on each page of this Website appears on each downloaded or copied page; and (3) no modifications are made to any content. The rights granted to you constitute a license and not a transfer of title. Sunscape Solar reserves the right to revoke the authorization to view, download and print the content available on this site at any time, and any such use shall be discontinued immediately upon written notice from Sunscape Solar. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any content from this website in whole or in part without the prior written permission of Sunscape Solar. You may not "mirror" any content contained on this website on any other server without Sunscape Solar's prior express written permission. Any unauthorized use of any content contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Any rights not expressly granted herein are reserved by Sunscape Solar.
IV. Copyright
Entire contents Copyright © 2008-2009 Sunscape Solar Corporation All rights reserved. All text, electronic documents, graphics, audio, video and other content published on this site are protected by United States and international copyright laws. Distribution or publication of any of this site's content in any form without prior written permission of Sunscape Solar is expressly forbidden.
V. Trademarks
Sunscape Solar and Plug Into the Sun are registered trademarks of Sunscape Solar, Inc. and all other product names, service names, slogans, and related logos are trademarks of Sunscape Solar in the United States and other countries. You are not permitted to use these trademarks, or any other Sunscape Solar trademarks, without the prior written consent of Sunscape Solar. All other trademarks, product names, trade names, and logos used within these pages are the property of their respective holders. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of Sunscape Solar and its products, and (2) an endorsement of the company or its products by Sunscape Solar.
VI. Links to Third Party Sites
This website may contain hyperlinks to websites that are not controlled by Sunscape Solar. Sunscape Solar is not responsible for and does not endorse or accept any responsibility over the contents or use of these websites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these websites.
VII. No Unlawful or Prohibited Use
As a condition of your use of this website, you agree that you will not use this website or the content contained herein for any purpose that is unlawful or prohibited by these terms and conditions.
VIII. Disclaimer
While every effort is made to ensure the accuracy of content offered on these pages, Sunscape Solar shall have no liability for errors, omissions or inadequacies in the content contained herein or for interpretations thereof. This Website could include inaccuracies or out-dated content and is subject to change at any time without notice. Your use of this Website is at your own risk. You agree to hold Sunscape Solar harmless from and not sue Sunscape Solar for any claims based upon using this Website. THE CONTENT, DOCUMENTATION, PRODUCTS, AND SERVICES CONTAINED ON THE SUNSCAPE SOLAR WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. SUNSCAPE SOLAR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES RELATING TO THE CONTENT, DOCUMENTATION, PRODUCTS, AND SERVICES CONTAINED ON THE SUNSCAPE SOLAR WEBSITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS. SUNSCAPE SOLAR AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF SUNSCAPE SOLAR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IXI. Governing Law
Any claim or dispute relating to your use or attempted use of this website shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. By using this Website, you submit to the exclusive personal jurisdiction of the appropriate state or federal courts in San Bernardino County, California in any proceeding relating to any such claim or dispute.
LICENSE
Sunscape Solarsoftware.com Website License Agreement
IMPORTANT - READ CAREFULLY. This is a legal agreement ("Agreement") between you and Sunscape Solar, Inc. ("Sunscape Solar"), its successors and assigns, for the sunscapesolar.net website (hereafter collectively referred to as the "Website"). BY PRESSING THE "I AGREE" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PRESS THE "I DO NOT AGREE" BUTTON AT THE BOTTOM OF THE PAGE AND DO NOT USE THE WEBSITE.
1. GRANT OF LICENSE
Subject to the terms and conditions set forth in this Agreement, Sunscape Solar hereby grants to you and you accept a non-exclusive, non-transferable license ("License") to use this Website. However, your license to use this Website will terminate immediately if you breach any of these terms. Upon the expiration or termination of this License, you must immediately discontinue use of this Website. Sunscape Solar reserves the right to terminate this license for any reason without notification.
2. Fee
There is no fee for this license, but to access some areas of the website you are required to register. As part of registration, you must provide valid contact information. Please read the current privacy policy available at http://www.sunscapesolar.net/privacy.htm for more information on Sunscape Solar's use of your contact information.
3. Restrictions
You shall not have the right under this Agreement to (2) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Website or its structural framework; or (3) to Use the Website in whole or in part for any purpose except as expressly provided under this Agreement.
4. Ownership
You acknowledge and agree that all right, title, and interest in and to the Website and the Sunscape Solar name and logo, our product names, including all patents, copyrights, and trade secrets and other intellectual property rights granted herein are and will remain the property of Sunscape Solar, subject only to the licenses granted to you under this Agreement. This Agreement is not a sale and nothing contained herein will be deemed to grant you any right, title, or interest in or to the Website, the Sunscape Solar name or logo, our product names or any patent, copyright, trade secret, trade name, trademark or other proprietary or intellectual property rights related thereto.
5. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SILVERLAKE AND ITS SUPPLIERS PROVIDE TO YOU THE WEBSITE AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE WEBSITE ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND SILVERLAKE AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE WEBSITE AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE WEBSITE AND ANY SUPPORT SERVICES REMAINS WITH YOU.
6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SILVERLAKE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE AGREEMENT, EVEN IF SILVERLAKE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF SILVERLAKE AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
8. Miscellaneous
8.1 Governing Law. This Agreement is governed and shall be construed in accordance with the internal laws of the State of California, and any action arising out of or in any way connected with this Agreement shall be brought only in Federal or State Court in California.
8.2 Captions. The captions and titles in this Agreement are not considered part of this Agreement, and are placed for convenience of the reader only.
8.3 Severability. If any term or provision of this Agreement is found to be invalid under any applicable statute or rule of law, then that provision not withstanding, the terms and conditions of this Agreement will remain in full force and affect, and, in such event, such provision will be changed and interpreted so as to best accomplish the objectives of the unenforceable or invalid provision within the limits of applicable law or applicable Court decisions.
8.4 Survival of Certain Terms. The provisions of articles 2, 3, 4, 5, 6, 7, and 8 will survive the termination of this Agreement.
8.5 No Joint Venture. Nothing contained in this Agreement shall be construed so as to make the Parties partners or joint venturers or to permit either party to bind the other party to any Agreement or purport to act on behalf of the other party in any respect.
8.6 Waiver. Failure by either party to enforce any rights under this Agreement shall not be construed as a waiver of such rights, and a waiver by either party of a default hereunder in one or more instances will not be construed as constituting a continuing waiver or as a waiver in other instances.
8.7 Compliance With Law. Licensee will comply with all applicable laws in connection with the Use of the Licensed Website including compliance with all export control laws and regulations of the states of the United States and the United States as such may be amended from time to time.