IN USING THIS WEBSITE AND BY COMPLETING A PURCHASE OF ANY PRODUCT, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS: 

In General. The following terminology applies to these Terms and Conditions and any and all Agreements. You and Your and the Customer refers to you, the person accessing this website and accepting these Terms and Conditions. We and Us refer to OpenBookSolar.com

This document governs your relationship with OpenBookSolar.com. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions, and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by OpenBookSolar.com. OpenBookSolar.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Ownership. All content included on this website is and shall continue to be the property of OpenBookSolar.com and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted herein.

Limited License to Use Website. OpenBookSolar.com  grants you a limited, revocable, nonexclusive license to use this website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of OpenBookSolar.com  and it may terminate your use of this website at any time.

Privacy Policy and Confidentiality. Our privacy policy, which sets out how we will use your information, can be found at OpenBookSolar.com. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate. You agree that we are specially authorized to provide information you have disclosed to us, including your contact information, to any contractor selected by you and to our shippers and transportation connections.

Prohibitions. You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and OpenBookSolar.com is entitled to report any such breach to the relevant law enforcement authorities and disclose your identity to them.

Disclaimer. OpenBookSolar.com will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software, and Content. The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of OpenBookSolar.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by OpenBookSolar.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale. By placing an order, you are offering to purchase a product on and subject to the following terms and conditions:

All orders are subject to availability from the Manufacture, Distributor, and confirmation of the order price. Your selected Contractor will show up on the day of installation with your purchased equipment. ALL SALES ARE FINAL Approval of the contract at completion of the transaction constitutes acceptance of delivery of the goods ordered and a waiver of all rights to return or reject the goods except for defective workmanship.

In order to contract with OpenBookSolar.com, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. OpenBookSolar.com retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be OpenBookSolar.com or may in some cases be a third party. Where a contract is made with a third party, OpenBookSolar.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract.  When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this email along with the Receipt and these Terms and Conditions will form the contract for your purchase of the solar system. Only those goods listed in the confirmation e-mail will be included in the contract formed.

(b) Pricing and Availability. While we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund.

(c) Payment.  Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as payment against the value of the goods you wish to purchase.

(d) Security for Payment. Unless otherwise prohibited by law, you agree that OpenBookSolar.com will retain title to any equipment or materials you have ordered until the debit on your card is finally authorized.

(e) Security Interest. Unless prohibited by applicable law, you grant OpenBookSolar.com a security interest in all goods, equipment, attachments, and fixtures (hereinafter the “Collateral”) that it supplies in order to secure payment of the purchase price and delivery costs for goods you have ordered. If for any reason, the debit/charge on your card is declined and the goods are delivered to you, you are obligated to pay the invoice in full immediately or OpenBookSolar.com has the right to remove the Collateral and, in such event, it shall not be responsible for any damages that you suffer as a result of the removal of the Collateral or for the return or installation of any equipment removed or disposed of in order to facilitate completion of the project. You promise to pay the invoiced amount in full, plus all collection costs and legal fees, plus interest at 1.5% per month, to commence on the day the debit/charge to your card is declined.

Disclaimer of Liability. THE MATERIAL DISPLAYED ON THIS WEBSITE IS PROVIDED WITHOUT ANY GUARANTIES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW OPENBOOKSOLAR.COM  AND ITS SUPPLIERS, CONTENT PROVIDERS AND ADVERTISERS HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEBSITE OR THE LINKED SITES AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE. THIS DOES NOT AFFECT OPENBOOKSOLAR.COM’S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, FRAUDULENT MISREPRESENTATION, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Log Files and Cookies. We use IP addresses to analyze trends, administer this site, track users’ movements, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need to know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your approval. Like most interactive web sites, this site uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with OpenBookSolar.com  and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to OpenBookSolar.com.

Indemnity. You agree to indemnify, defend and hold harmless OpenBookSolar.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

Variation. OpenBookSolar.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity. If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.

Waiver. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

OpenBookSolar.com’s role.  Through this Website, OpenBookSolar.com is acting primarily as an ecommerce seller of Solar Systems. Additional upgrades, add-ons, accessories, or components are not included and will result in additional charges that are optional for the consumer.

Applicable Law. Except to the extent limited or prohibited by federal law or the laws of the state where you live, the laws of the State of Arizona shall govern the terms of use of this Website and any contract entered into between you and OpenBookSolar.com.

Arbitration of Disputes. Any dispute arising between you and OpenBookSolar.com shall be resolved by the aggrieved party submitting a claim for binding arbitration with the American Arbitration Association (“AAA”). Any arbitration hearing shall be held in Phoenix, Arizona and shall be subject to the AAA’s Consumer Arbitration Rules. The final determination from arbitration may be enforced by any court with proper jurisdiction. The arbitrator shall have authority to award the prevailing party its/their reasonable attorney’s fees and costs. Notwithstanding the foregoing, nothing shall prevent OpenBookSolar.com from obtaining injunctive or similar equitable relief pending a resolution of arbitration; any injunction obtained by OpenBookSolar.com shall be without requirement of posting a bond. By agreeing to this Terms of Use, you agree to resolve disputes, if any, with OpenBookSolar.com as set forth herein.

Entire Agreement. The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and OpenBookSolar.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized officer of OpenBookSolar.com.