Arrowpoint Solar Terms of Service
Last Updated: Feb. 1, 2021
Adult Usage Only
This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using this Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.
Accuracy of Information Provided by You
You agree that all information you provide Arrowpoint is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices should be sent to firstname.lastname@example.org
Failure to provide such new information will constitute a material breach of the terms of this TOS and may lead to the suspension or termination of your license to use the Site.
Code of Conduct
- Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use or enjoyment of the Site;
- Attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site server or to any of the website through hacking, password mining or any other means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- Use data mining, robots, screen scraping or similar data gathering and extraction tools on this site;
- Use any metatags or any other “hidden text” utilizing Arrowpoint’s name, service or trademarks or trade dress without the express written consent of Arrowpoint;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Use the site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
- Use the Site, services or tools if you are not able to form legally binding contracts;
- Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator; and
- Any attempt to reverse engineer or reconstruction any portion of the Site.
- You may not share your login information or allow third parties to utilize your login information to the Site.
Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of Site services. You further agree to that to the extent you are using the Site for the purposes related to Arrowpoint and that will adhere to all applicable State and Federal laws and regulations.
If any of the following events occurs, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that Arrowpoint is not obligated to send any such notice of default and may immediately suspend or terminate your account or services without notice. In the event a written notice of default is provided to you, you shall have no longer than ten (10) calendar days to cure your breach.
Use of Name
For all customers, you consent to Arrowpoint using your name and business name in advertising and promotional materials related to Site services unless you provide use written notice that we are unable to use your name and business name.
Maintenance/Site Down Time
Arrowpoint reserves the right to perform maintenance whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. Arrowpoint will attempt to communicate any expected prolonged system outage to Site users in advance of outage.
Arrowpoint is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of Arrowpoint’s control.
Intellectual Property Rights
You agree that Arrowpoint holds all right, title and interest to all services, its websites and information and technology used to provide the Site services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such services.
All content including but not limited to text, graphics, downloads and software included on this site is the property of Arrowpoint or its licensors and protected by United States and international copyright laws.
You also grant Arrowpoint a non-exclusive license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit or provide to Arrowpoint. Such information will be used solely by Arrowpoint in conjunction with marketing the Site and its services.
Disclaimer of Warranties
ARROWPOINT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF ARROWPOINT, ARROWPOINT DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ARROWPOINT DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF ARROWPOINT, ARROWPOINT PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, OR ANY THIRD-PARTY ASSOCIATED OR AFFILIATED WITH ARROWPOINT.
ARROWPOINT DOES NOT WARRANTY OR GUARANTEE ANY OF ITS USERS COMPLIANCE WITH LAW. ARROWPOINT IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.
Assumption of Risk
The Site is intended for educational purposes only. When you access the Site, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your owner discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.
Without limiting the forgoing disclaimer of warranties or assumption of risk sections, Arrowpoint provides email support for Site customers. Support can be reached by sending an email to: email@example.com. Arrowpoint attempts to respond to customer inquiries within two (2) business days.
You agree that Arrowpoint shall have the right to participate in the defense of any claim asserted against Arrowpoint. You also agree that Arrowpoint shall be entitled to retain a counsel of Arrowpoint’s own choosing at your cost. You further agree to notify Arrowpoint of your knowledge of any claim against Arrowpoint. You agree to cooperate fully with Arrowpoint during such proceedings.
Right to Refuse Service
Arrowpoint, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity.
Consent and Survival of Agreement
Reports of Abuse
Retention of Records
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will Arrowpoint be liable to you for your failure to retain necessary records, nor will Arrowpoint’s (non-)retention of records act to alleviate your duty under the law.
Termination of Services
Notices and Communication
Notices that you send to us must be delivered via first-class mail to the following address:
227 Downing Street, Suite 4
Nixa, MO 64714
You may also send us notices to: firstname.lastname@example.org so long as you place “LEGAL NOTICE” in the subject line of the email.
You authorize us to send any notices to you based on the information you provide us. We are not responsible if you fail to keep your contact information up to date.
Choice of Law, Jurisdiction and Venue
All purchases from Arrowpoint are deemed made within the state where the work physically took place, or if work occurred remotely, then the State of Missouri.
Exclusive Remedy and Damages Cap
Time Limitations For Action
Unless prohibited by law, you agree that any cause of action arising out of or related to the services provided to you by Arrowpoint must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived.
Waiver of Jury Trial
No Third-Party Beneficiaries
Except as otherwise expressly provided herein, nothing in this TOS is intended to confer upon any third-party any rights, remedies, obligations, or liabilities.
Restriction of Assignment
You may not assign any of your rights or delegate any of your duties under this TOS without the prior written consent from Arrowpoint. Any attempt by your creditors or another third-party to obtain an interest in your rights under this TOS Policy is voidable at Arrowpoint’s option.
Successors and Assigns
Except as otherwise expressly provided herein, this TOS shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this TOS shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Arrowpoint in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Arrowpoint’s election to not assert its rights under this TOS shall not preclude Arrowpoint from asserting its rights in the future.
Severability of Terms
If Arrowpoint prevails in any action, suit, or proceeding arising from or based upon this TOS, Arrowpoint shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
The headings in this TOS are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
227 Downing Street, Suite 4
Nixa, MO 64714