Secure Server Pages / Online Application Pages
Some of the pages requiring information are certified as Secure Sockets Layer (SSL) pages as designated. COMPANY appreciates the importance of providing a secure environment on its website and will take all reasonable and customary steps to protect the information You provide. Please use all means to protect your personal information, particularly if You are using a shared computer. Supporting documents and disclaimers necessary for submission of applications which appear on this site may be supported by other documents requiring a signature. In such event, the signed document shall prevail, and the documents and disclaimers appearing on the website shall be incorporated into the signed document. In the event there is any contradiction in terms between the online document and the subsequent signed document, the conflicting term(s) shall be resolved by relying on the document which is actually signed.
Intellectual Property Ownership
All information and content contained on or in the COMPANY website, including but not limited to text, images, video, audio and data are owned by and proprietary to COMPANY, its vendors and/ or licensors and are protected by applicable copyright, trademark and trade secret laws. All rights not expressly granted by this Agreement are reserved solely to COMPANY, its vendors and/ or licensors. Except as otherwise specifically stated in this Agreement, You may not duplicate, display, distribute, sell, resell, reverse engineer, disassemble, decompile, make derivative works, or other use the information or content of this website. Any unauthorized use by You may subject you to penalties or damages. COMPANY will enforce its intellectual property rights to the full extent of the law. Your use of the Service is for your own personal use, and any sharing of Your account information, login, passwords, or the information, content and data provided by the Service, with any other person, firm or entity is strictly prohibited.
Use of Kosmos Solar’s URL
You may not use kosmossolar.com for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You may not use the KOSMOSSOLAR.COM web site or any of its content for competitive reasons nor may you resell or redistribute KOSMOSSOLAR.COM content without prior express written consent of management at COMPANYenergies.com. You may not attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the KOSMOSSOLAR.COM web site, any data or content found on or accessed through the KOSMOSSOLAR.COM web site without prior express written consent of management at Kosmos Solar.
You may not use the KOSMOSSOLAR.COM web site to obtain or attempt to obtain through any means any materials or information on the KOSMOSSOLAR.COM web site that has not been intentionally made publicly available either by public display on the KOSMOSSOLAR.COM web site or through accessibility by a visible link on the KOSMOSSOLAR.COM web site. You may not use the KOSMOSSOLAR.COM web site in a manner that would violate the security of the KOSMOSSOLAR.COM web site or attempt to gain unauthorized access to the KOSMOSSOLAR.COM web site, data, materials, information, computer systems, or networks connected to any server associated with the KOSMOSSOLAR.COM web site, through hacking, password mining or any other means. You may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity. You may not interfere with, attempt to interfere with or otherwise disrupt the proper working of the KOSMOSSOLAR.COM web site, any activities conducted on or through the KOSMOSSOLAR.COM web site or any servers or networks connected to the KOSMOSSOLAR.COM web site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the KOSMOSSOLAR.COM web site.
Use of this Site at Own Risk
You acknowledge and agree that Your use of the website and of the Service is at Your own risk and that neither COMPANY nor any other party involved in creating, producing, or delivering this website, including the content and information contained in this website, is liable for any direct, indirect, incidental, consequential or punitive damages, or any losses, costs, or expenses of any kind (including attorneys’ fees, and/or other fees or expenses ) which may arise, directly or indirectly, through the access to, the use of, or the browsing in this site or through your downloading of any materials, text, data, images, video, or audio from this website, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, or the failure of any Internet service provider.
No Warranty of Accuracy of Information
You acknowledge and agree that while COMPANY will make reasonable efforts to ensure that the content and information provided by the Service is correct and that even though the schedules, times, locations, entertainers, speakers, performers, and other information contained in the COMPANY website are based upon current information, COMPANY cannot and does not guarantee the accuracy of the information and makes no warranties or representations as to its accuracy. ALL CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE AND/OR PROVIDED BY THE SERVICE ARE PROVIDED TO YOU “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Limitation of Liabilities
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF COMPANY HAS BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO COMPANY, REGARDLESS OF THE FORM OF CLAIM. YOU ACKNOWLEDGE THAT COMPANY DOES NOT GUARANTEE ANY WORK DONE BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY COMPANY. YOU AGREE THAT COMPANY IS NOT LIABLE FOR ANY DAMAGE, LOSS OR JUDGMENT CAUSED BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY COMPANY AND YOU WAIVE ALL SUCH CLAIMS AGAINST COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES.
You agree to indemnify and hold harmless COMPANY, its affiliates, its officers, directors, agents and employees against any asserted claims or suits made by any third party or any regulatory action brought by any entity, for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys’ fees) arising from or relating to: (i) any actual or alleged breach of this Agreement by You (ii) any content, data or material that you submit, post or otherwise provide to COMPANY or on this website.
Unlawful Content and Behavior
You acknowledge and agree that You will not post or transmit to this website any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that COMPANY or other parties may be involved in creating, producing or delivering this website, may monitor or review transmissions, postings, or discussions, COMPANY assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
Links to Other Websites
You acknowledge and agree that although this website may be linked to other websites, COMPANY neither directly nor indirectly expresses or implies any approval, association, sponsorship, endorsement or affiliation with the linked website, unless otherwise specifically stated in this website. COMPANY has not reviewed all websites linked to this website, is not responsible for the content of any other website linked to this website, and makes no representations or warranties whatsoever as to the content or information contained on such websites. Any use of links by You to any other websites is at Your own risk.
Application of Laws
You acknowledge and agree that although the information and materials on the COMPANY website may be read throughout the world, this website is designed and intended for use in the United States and use of this website by You will be construed and evaluated according to the laws of the United States. If You access this website from another country, You are responsible for compliance with any and all applicable local laws. If the information and materials in the website do not conform to the laws of the country where You access the website, the information is not meant for You. COMPANY makes no representation that the information and materials contained in this website are appropriate outside the United States. You agree that in the event that any dispute arises under this Agreement or Your other use of this website or the Service, the laws of the State of Texas shall apply without resort to its choice of law provisions or rules. You also agree to submit to the personal jurisdiction of the state and federal courts located in COUNTY, Texas and further agree that the states and federal courts located in COUNTY, Texas shall be the exclusive venue for the resolution of any dispute between COMPANY and You.
This Agreement is the entire agreement and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. No waivers or amendments shall be effective unless made in writing and signed by a duly authorized representative of COMPANY.
If any part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect or nullify the remainder of this Agreement.
Information Collection and Use
KOSMOS SOLAR is the sole owner of the information collected on kosmossolar.com. KOSMOS SOLAR collects information from our users at several different points on our Web site.
Third Party Communications
As stated above, we may provide your contact information to solar retailers and other third party service providers who can help fulfill your information/service request. Accordingly, these third parties may directly contact you (via email, direct marketing, or telemarketing) about (i) your information/service requests through this website and/or (ii) their own products and services. Please see our Opt-out section for how to opt out of receiving these communications.
Communications from the Site
Special Offers and Updates
We send users email notifications of various events relating to the use of COMPANY. Established members will occasionally receive information on products, services, special deals, and/or a newsletter. During the sign-up process, we do present the option note to receive these types of communications. Please see the Choice and Opt-out sections.
If a user wishes to subscribe to our emails, we ask for contact information such as name and email address. Out of respect for our users, you may email us to unsubscribe our emailing list.
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user’s wishes.
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.