Terms and Conditions
Welcome to the HALEAKALASOLAR.COM website (the “Website”). This Website is provided to assist customers in going solar by learning about solar energy and its benefits, submitting a free quote and shopping related products. This Website is provided solely for current and potential customers to interact with Haleakala Solar and may not be used for any other purpose, or used or reproduced by any other person or entity. The use of automated dial-in, inquiry, or screen-scraping devices, programs, or applications to obtain information through this Website is strictly prohibited.
YOUR USE OF THIS WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF ALL THE TERMS, CONDITIONS AND NOTICES SET FORTH BELOW (COLLECTIVELY, THE “AGREEMENT”). BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE AGREEMENT. TO THE EXTENT YOU RESERVE AND BUY ANY PRODUCTS OR SERVICES ON THIS WEBSITE THROUGH OUR CALL CENTER, YOU AGREE THAT THIS AGREEMENT SHALL APPLY TO ALL SUCH TRANSACTIONS. PLEASE READ THE AGREEMENT CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE OR GET A FREE QUOTE THROUGH OUR CHANNEL. BE SURE TO RETURN TO THIS PAGE PERIODICALLY TO REVIEW THE MOST CURRENT VERSION OF THE AGREEMENT.
1. Information You Provide
You agree to provide accurate and current information as prompted by the Haleakalasolar.com questionnaire and estimating tool form. If you provide information that is inaccurate or not current, or Haleakala Solar has reasonable grounds to suspect that such information is inaccurate or not current, Haleakala Solar may reject the Estimate Request and suspend or terminate your use of this Website. In addition, if you do not provide accurate information, Haleakala Solar and its affiliated partners reserve the right to refuse service or request additional fees. You agree not to submit any material that violates law or the rights of any third party or that is unreliable, incomplete, inaccurate, obscene, libelous, defamatory or otherwise objectionable. While Haleakala Solar does not and cannot control any material provided by you or the Website’s other Members, Haleakala Solar reserves the right to reject or remove any such material at any time with or without reason. You understand and acknowledge that you may be exposed to data and information that is inaccurate or that otherwise violates any of the standards set forth in these Terms of Service, and you hereby waive all legal or equitable rights or remedies you may have against Haleakala Solar and hold Haleakala Solar harmless with respect thereto.
2. Appropriate Use of Website
You agree that you shall not: (a) send spam or other unsolicited messages in violation of applicable laws; (b) send or store infringing, obscene, threatening, libelous, fraudulent, misrepresentative or otherwise unlawful material, or material that is subject to third party proprietary or intellectual property rights (unless you have express written and legally valid permission from their rightful owner); (c) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Website, or the materials contained thereon; (e) attempt to gain unauthorized access to the Website or the Haleakalasolar.com system; (f) restrict or attempt to restrict or inhibit any other visitor from using the Website; (g) use the Website for any unlawful purpose; (h) express or imply that any statements you make are endorsed by Haleakala Solar, without Haleakala Solar’s prior written consent; (i) “Frame” or “mirror” any part of the Website without Haleakala Solar’s prior written authorization; (j) harvest or collect information about Website visitors without their express consent; (k) direct link, inline link, deep link or otherwise hyperlink any page of the Website other than the home page; or (l) page-scrape, robot, spider, hack, password mine or use any automatic or manual program or process to access or use the Website or its content. Any attempted improper use or an attempt by you or on your behalf to deliberately damage or corrupt the Website or to use the Haleakalasolar.com system or other services provided by Haleakala Solar on the Website in violation of the above may violate criminal and civil laws. Should such an attempt be made, Haleakala Solar reserves the right to prosecute and seek damages from you to the fullest extent of the law.
3. Changes to the Website and Services
The content of this Website, including without limitation the pricing, information, graphics, products, features, functionality, services, and links (collectively the “Content”) may be changed, deleted or updated from time to time without notice. Haleakala Solar reserves the right to change any service offered, the features of any service offered, or these Terms of Service and Haleakala Solar’s policies, at any time. Haleakala Solar may discontinue, suspend or modify the Website at any time, and Haleakala Solar may block, terminate or suspend your and any user’s access to the Website at any time for any reason in its sole discretion, even if access continues to be allowed to others.
4. Links to other Websites
Links on the Website allow you to visit and do Haleakala Solar. Neither these sites nor the companies to whom they belong are controlled by Haleakala Solar. Haleakala Solar makes no representations or warranties concerning the information provided or made available on such third party sites.
5. Solar Installer Partners
Through its rigorous Membership Requirements process, which is designed to ensure that its solar Installer partners are reliable and responsible members of the Haleakala Solar network, Haleakala Solar has made every effort to determine the quality and acceptability of the products and services offered by its solar Installer partners. However, Haleakala Solar does not make any representations or warranties regarding the correctness, performance or quality of any services provided by such our partners. You should independently research and assess the risks that may be involved in accessing and using any software or services before purchasing or using such software or services. THE THIRD PARTY PROVIDERS OF SOLAR SYSTEM, SERVICES AND EQUIPMENT ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF HALEAKALA SOLAR. HALEAKALA SOLAR ASSUMES NO LIABILITY WHATSOEVER FOR SUCH THIRD PARTY’S GOODS, SERVICES OR EQUIPMENT, INCLUDING LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A MOVING SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A MOVING SERVICE PROVIDER. HALEAKALA SOLAR IS NOT RESPONSIBLE FOR INJURY, DAMAGE, DEATH, ACCIDENT OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, ACTS OF GOVERNMENT, WEATHER, TERRORISM, ACT OF GOD, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR CAUSES BEYOND HALEAKALA SOLAR’S CONTROL.
6. Price
For payments made through Haleakala Solar, the price you are shown at checkout is the price you will be charged, based on the specifications of your purchase. Changes to the specifications (e.g. purchase method, change in finance situation after checkout) may result in changes to the Price.
7. Billing, Payments, and Fees
You authorize Haleakala Solar to charge you directly for the initial deposit of the services provided by Solar Installer Partners of Haleakala Solar and to retain its fees through and from this transaction. Haleakala Solar will charge your account immediately after you choose one of our products. This money will be fully refunded to your account if you and/or the selected Solar Installer cancel the contract prior to performance of work.
8. Disclaimer of Warranties; Limitation of Liability
USE OF THE WEBSITE AND ITS SERVICES ARE AT YOUR SOLE RISK. HALEAKALA SOLAR DOES NOT WARRANT THE RELIABILITY, COMPLETENESS OR ACCURACY OF THE WEBSITE, ITS SERVICES OR ANY MATERIALS ON THE WEBSITE. THE WEBSITE, ITS SERVICES AND ANY MATERIALS ON THE WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY), ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. HALEAKALA SOLAR’S TOTAL LIABILITY TO YOU (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE WEBSITE, ITS SERVICES OR ANY MATERIALS ON THE WEBSITE SHALL BE NO MORE THAN THE AMOUNT OF FEES PAID BY YOU TO HALEAKALA SOLAR. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL HALEAKALA SOLAR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF DATA). WITHOUT LIMITING THE FOREGOING, HALEAKALA SOLAR SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM (1) YOUR INABILITY TO ACCESS OR USE THE WEBSITE AND ITS SERVICES AS THE RESULT OF ANY EVENT BEYOND THE REASONABLE CONTROL OF HALEAKALA SOLAR (INCLUDING, WITHOUT LIMITATION, ANY PROGRAMMING ERROR, ANY VIRUS OR ANY DELAY OR FAILURE OF THE PERFORMANCE OF THE INTERNET) OR (2) ANY MATERIALS PROVIDED BY THE MEMBERS. SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO BE LIMITED. AS SUCH, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.YOU HAVE ACCEPTED THE ABOVE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AS PART OF A BARGAIN WITH RESPECT TO THE PRICING OF HALEAKALA SOLAR’S SERVICES PROVIDED ON THE WEBSITE AND UNDERSTAND THAT THE PRICING WOULD BE HIGHER IF HALEAKALA SOLAR WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF THAT STATED HEREIN.
9. Intellectual Property Rights
The Website involves the use of a computer system comprising content that is protected by copyright, trademark, trade secret, patent or other intellectual property rights laws. Haleakala Solar retains all right, title and interest, including, without limitation, all intellectual property rights, in and to such content, and any portion thereof, including, without limitation, any copy or derivative work thereof (or any portion thereof). You shall not take any action to jeopardize, limit or interfere in any manner with Haleakala Solar’s ownership of and rights with respect to the Website and the content, or any portion thereof, including, without limitation, any copy or derivative work thereof (or any portion thereof), and all intellectual property rights in and to each of the foregoing. You shall not directly or indirectly modify, translate, decompile, disassemble or otherwise reverse engineer, or determine or attempt to determine the source or executable code, or protocols of the computer programming, or create any derivative works based upon the content, and you shall not permit, authorize or assist anyone else to do so.
10. Indemnification
You agree to indemnify, defend and hold harmless Haleakala Solar, its affiliates, and their respective directors, officers and employees from and against all claims, actions, demands, losses, liabilities, penalties, judgments, damages, costs and expenses (including reasonable attorneys’ fees and costs) resulting from (a) your access or use of the Website and its services and your account, whether or not authorized, (b) any and all material submitted by you to the Website and/or Haleakala Solar, (c) your breach of any covenant, representation or warranty contained in these Terms of Service, and (d) your negligent or willful acts or omissions.
11. Privacy Policy
You may access the Haleakala Solar Privacy Policy governing the use of information acquired from you through this Website.
12. Export
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you access the Website, including laws regarding access, use, export and import of any Content. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law.
13. Miscellaneous
Haleakala Solar reserves the right to change these Terms of Service in whole or in part, at any time with or without notice. Such changes shall be effective when posted on the Website, and your continued access or use of the Website and its services shall be considered acceptance of such changes. Any contract or agreement for services that you may enter into by accessing and using this Website is solely between you and the other Member. Haleakala Solar is not a party to any such contract or agreement, has no obligations under any such contract or agreement, and expressly disclaims all liability whatsoever arising out of, or in connection with, any such contract or agreement. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service. These Terms of Service constitute the entire agreement between you and Haleakala Solar, and supersede all other written and oral communications or agreements, with regard to the Website and its services. Any waiver of these Terms of Service by Haleakala Solar shall only be effective if in a writing signed by an authorized officer of Haleakala Solar. Haleakala Solar’s failure to act with respect to a breach of these Terms of Service by you or others does not waive Haleakala Solar’s right to act with respect to subsequent or similar breaches. The Website is controlled, operated and administered by Haleakala Solar from its offices in Maui, Hawaii. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Hawaii without regard to conflict of laws principles. Any claim or cause of action by you against Haleakala Solar with respect to your access or use of the Website and its services or your account shall be brought in the federal or state courts of Hawaii, Hawaii within one (1) year after the claim or cause of action arises. Without limiting any other remedy under law, in equity or pursuant to these Terms of Service, you acknowledge and agree that Haleakala Solar shall be entitled to seek injunctive relief or other equitable relief for any breach of these Terms of Service. If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law. Accessing or using the Website shall constitute effective execution and delivery by you of these Terms of Service. In any dispute between Haleakala Solar and you relating to this Website or the services provided through the Website, the prevailing party will be entitled to attorneys’ fees, costs and expenses. The content of HALEAKALASOLAR.COM is protected by United States and international copyright, trademark and other laws. Copyright © 2023. All rights reserved. Specifically, Haleakala Solar does not convey to anyone, through allowing access to the Website, any ownership rights in the Website or in any Content appearing on or made available through the Website. By furnishing information on this Website, Haleakala Solar does not grant any licenses to any copyrights, patents or any other intellectual property rights.
