Termination. WWW.NXTSOLARENERGY.COM reserves the right to terminate this Agreement at any time and for any reason upon ten (10) days’ notice to you. Further, you agree that WWW.NXTSOLARENERGY.COM shall not be liable to you or any third party for any termination or suspension of your access to the Site or any part thereof, removal of Content or sale of any products. You may terminate this Agreement at any time by immediately discontinuing all access to the Site and by providing notice to WWW.NXTSOLARENERGY.COM of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which WWW.NXTSOLARENERGY.COM may be entitled at law or in equity.
Denial of Access. WWW.NXTSOLARENERGY.COM may discontinue or alter any aspect of the Site, remove Content, functionality or applications from the Site, restrict the time the Site is available or restrict the amount of use permitted at WWW.NXTSOLARENERGY.COM’s sole discretion and without prior notice or liability. You agree that WWW.NXTSOLARENERGY.COM may, under certain circumstances, immediately suspend and/or terminate your access to the Site or any part thereof. You further agree that such measures shall be taken in WWW.NXTSOLARENERGY.COM’s sole discretion and without liability to you or any third party.
- Your Use of the Site Prohibited Uses. You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Site or any part thereof, which includes, without limitation:
(a) use of the Site to post, store or disseminate material or information that, is or to a reasonable person may be false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, embarrassing, hateful or racially, ethnically or otherwise objectionable;
(b) use of the Site to post, store or disseminate Content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person;
(c) use of the Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Site, to restricted portion of the Site, to Content, or any other computer network or equipment;
(d) use of the Site to post, store or disseminate any type of computer viruses, trojan horses or any other malicious, destructive, disabling code or programs designed to interrupt, permit unauthorized access, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment;
(e) use of the Site to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation;
(f) use of any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Site);
(g) use of the Site to gain competitive intelligence about WWW.NXTSOLARENERGY.COM, the Site or any product or service offered via the Site or to otherwise compete with WWW.NXTSOLARENERGY.COM or any of its affiliates; use the information in the Site to create or sell a similar product, service or information;
(h) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users;
(i) use anything intended to damage or interfere with the proper functioning of the Site and the systems to which it connects or do anything that interferes with any other person’s use of the Site; framing or otherwise simulating the appearance or functions of the Site or any portion thereof;
(j) copying, modifying, disassembling, reverse engineering, decrypting, framing or translating (except for translations for personal use) of the Site or any other attempt to learn the source code, structure, or ideas upon which the Site is based, or facilitating of any other person in doing so;
(l) removing or obscuring any copyright notices or trademarks displayed on the Site.
User Accounts. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your account username and password. You agree to immediately notify WWW.NXTSOLARENERGY.COM in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. WWW.NXTSOLARENERGY.COM may refuse to grant a particular username to you for any reason, including, without limitation, in the event WWW.NXTSOLARENERGY.COM determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
- User Content
- Links/Other Resources
- Warranties; Disclaimers; Limitation of Liability; Indemnification
Disclaimers of Warranties.WWW.NXTSOLARENERGY.COM uses reasonable efforts to maintain the Site, but WWW.NXTSOLARENERGY.COM is not responsible for any defects or failures associated with the Site, any part thereof, any Content posted using the Site, the User Content or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures, upgrades or repairs which WWW.NXTSOLARENERGY.COM may undertake from time to time, or (c) causes beyond the control of WWW.NXTSOLARENERGY.COM or which are not foreseeable by WWW.NXTSOLARENERGY.COM. WWW.NXTSOLARENERGY.COM will not be liable for failure to provide access to the Site for any reason whatsoever. Neither WWW.NXTSOLARENERGY.COM nor any of our affiliates makes any promises about the SITE. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WWW.NXTSOLARENERGY.COM EXPRESSLY DISCLAIMS ALL WARRANTIES express or implied and THE SITE, ANY CONTENT, AND ANY INFORMATION PROVIDED VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WWW.NXTSOLARENERGY.COM MAKES NO COMMITMENTS ABOUT THE RELIABILITY, AVAILABILITY, OR SECURITY OF THE SITE AND RELATED TRANSMISSION OF PERSONAL INFORMATION. WWW.NXTSOLARENERGY.COM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ALTHOUGH WWW.NXTSOLARENERGY.COM USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE IS AS ACCURATE AS POSSIBLE, WWW.NXTSOLARENERGY.COM also GIVES NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR WWW.NXTSOLARENERGY.COM CONTENT posted or otherwise made available therein. WWW.NXTSOLARENERGY.COM, WITHOUT LIMITATION, MAKES NO WARRANTY THAT THE SITE, ANY CONTENT OR ANY OTHER INFORMATION PROVIDED VIA THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. FURTHER. WWW.NXTSOLARENERGY.COM DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY WWW.NXTSOLARENERGY.COM CONTENT, or THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR WWW.NXTSOLARENERGY.COM CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE OR ANY CONTENT, PRODUCTS, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WWW.NXTSOLARENERGY.COM SHALL NOT BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WWW.NXTSOLARENERGY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE OR ANY CONTENT; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS RESULTING FROM the inability to access or utilize ANY PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE, OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE SITE, OR ITS CONTENT. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE THE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL WWW.NXTSOLARENERGY.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
REGARDLESS OF THE PREVIOUS PARAGRAPHS SET FORTH IN THIS SECTION VII, IF WE ARE FOUND TO BE LIABLE, IN NO EVENT SHALL WWW.NXTSOLARENERGY.COM BE LIABLE FOR ANY DAMAGES RELATING TO THIS AGREEMENT GREATER THAN ONE THOUSAND U.S. DOLLARS ($1,000), TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Release / Indemnification. You agree to release WWW.NXTSOLARENERGY.COM, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not happy with the Site or object to any material within the Site, your sole remedy is to cease using the Site. You agree to defend, indemnify and hold harmless WWW.NXTSOLARENERGY.COM, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Site or any part thereof, (b) any User Content you post via the Site, (c) a breach or alleged breach by you or any of your representations, warranties, covenants or obligations under this Agreement, (d) infringement or misappropriation of any intellectual property or other rights of WWW.NXTSOLARENERGY.COM or third parties by you, or (e) any negligence or willful misconduct by you, (e) any other claim related to your performance under this Agreement, (f) any negligence, breach of a contract or duty, or other claim whether legal or equitable you may have against a third-party that you encountered through the Site, and (g) your use of any Content provided by WWW.NXTSOLARENERGY.COM.
- DCMA Procedure
Copyright Notice. WWW.NXTSOLARENERGY.COM respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WWW.NXTSOLARENERGY.COM’s Copyright Agent the following information: (a) an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site sufficient to allow us to locate the allegedly infringing material; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Please contact WWW.NXTSOLARENERGY.COM’s Copyright Agent for Notice of Claims of copyright infringement at: copyright@WWW.NXTSOLARENERGY.COM.com. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of any DMCA notice.
Counter-Notice. If you believe that the Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content, you may send a counter-notice containing the following information to the Copyright Agent: (a) your physical or electronic signature; (b) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the User Content; and (d) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Dallas County, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, WWW.NXTSOLARENERGY.COM may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such Content, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at WWW.NXTSOLARENERGY.COM’s sole discretion.
Removal of User Content. Please note however, that such User Content may not be completely removed or may otherwise still be available to others in the following circumstances: (a) your User Content has been incorporated into derivative works or compilations created by WWW.NXTSOLARENERGY.COM or other parties; (b) such User Content has been retained in WWW.NXTSOLARENERGY.COM’s data backup systems or for archival purposes; or (c) to the extent such User Content has been sold to or downloaded by other persons and such persons retain your User Content.
- Governing Law; Agreement to Arbitrate
Governing Law The validity, construction, and effect of this Agreement will be governed by the laws of the U.S. State of Texas, without giving effect to that state’s conflict of laws rules. Any dispute, controversy, or claim between you and WWW.NXTSOLARENERGY.COM will be resolved in accordance with the Agreement to Arbitrate, set forth below.
AGREEMENT TO ARBITRATE. All disputes arising out of, or relating to, this Agreement (including formation, performance, breach, enforceability, and validity of this Agreement) or our operation of the Site shall be resolved by final and binding arbitration to be held in the English language in Dallas, Texas pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part, of this Agreement is void or voidable.
THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
Without prejudice to the agreement to resolve disputes in binding arbitration set forth in the previous paragraph, either party to this Agreement may obtain preliminary injunctive relief in a court of competent jurisdiction, for the purpose of enforcing any of the terms of this Agreement pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.
Independent Contractors. The parties are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other.
Waiver/Severability. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
Notice; Consent to Communications. Unless otherwise provided in this Agreement, all notices shall be in writing and shall be deemed to be delivered when sent by first-class mail, postage prepaid, or when sent by facsimile or email to either party’s last known post office, facsimile or email address, respectively. You hereby consent to notice by email. WWW.NXTSOLARENERGY.COM may send you via such email address WWW.NXTSOLARENERGY.COM newsletters, product updates, service-related information and other offers and information from WWW.NXTSOLARENERGY.COM or its business partners, and you hereby consent to such emails. WWW.NXTSOLARENERGY.COM also may contact you by email to respond to any customer service or other inquiries you submit.
Equitable Relief / Fees. The parties agree that breach of the provisions of this Agreement, including, but not limited to, the unauthorized use of the Site or Content, would cause irreparable harm and significant injury to WWW.NXTSOLARENERGY.COM which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that WWW.NXTSOLARENERGY.COM has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies WWW.NXTSOLARENERGY.COM may have for your breach of this Agreement. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
Force Majeure. If the performance of any part of this Agreement by either party (other than the payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
Survival. The terms and provisions of Sections VI, VII, VIII, IX and X shall survive any termination or expiration of this Agreement.
Assignment. You shall not assign or transfer this Agreement or any rights or obligations under this Agreement. Any unauthorized assignment or transfer hereof shall be void and constitutes ground for immediate termination of this Agreement by WWW.NXTSOLARENERGY.COM. This Agreement binds and inures to the benefit of the WWW.NXTSOLARENERGY.COM and its permitted successors and permitted assigns.
Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Site and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
Release. You release WWW.NXTSOLARENERGY.COM Inc, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Contact. This Site is operated by NXT SQFT REAL ESTATE SERVICES LLC. All inquiries may be directed to WWW.NXTSOLARENERGY.COM at info@NXTSOLARENERGY.COM