OHM Solar Solutions, Inc. Terms of Use Policy (“Notice”)

Last updated July 20, 2024

1. TERMS

By accessing ohmsolarsolutions.com (“Website” or “Site”), as well as using and or purchasing any products or services from OHM Solar Solutions, Inc. (collectively, the “Services”), you are agreeing to be bound by these Website terms and conditions (“Legal Terms”) and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trademark law.

The Services of this site are offered subject to your acceptance without modification of all the terms and conditions contained herein and include other company policies including, our Privacy Policy, which contains additional details and terms and conditions, which apply to the Services and are part of this Agreement. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THESE LEGAL TERMS. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions may be applicable to you when you access this Site or if you make a purchase of products or services from us. Those terms and conditions are hereby expressly incorporated herein by reference. We reserve the right in our sole discretion to change or modify these Legal Terms at any time and for any reason without notice.

The Services are intended for users who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register for the Services.

2. INTELLECTUAL PROPERTY

OHM Solar Solutions, Inc. is the sole owner and licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, images, audio, video, text, photographs, graphics, (“Content”), and any and all CAD files, floor plans, house plans, 3D renderings, work products, and work made for hire (“Work Product”), as well as all trademarks, service marks, and logos contained therein (“Marks”).

Our Contents, Work Products, and Marks are protected by copyright and trademark laws, including various intellectual property rights and unfair competition laws, and treaties in the United States and around the world.

The Contents, Work Products, and Marks are provided in or through the Services “AS IS” for your non-commercial use.

No part of the Services, Contents, Work Products, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written consent.

If you wish to make use of the Services, Contents, Work Products, or Marks or any other materials, please contact us at info@ohmpowerinc.com.

Under the circumstances in which we may provide our Affiliates with a non-exclusive, non-transferable, revocable license to post, reproduce, or publicly display any part of our Services, Content, Work Products, or Marks, then the Affiliate must identify us as the rightful owners and licensors of such materials, and ensure that any copyright or proprietary notice appears and is visible on posting, reproducing, or displaying of such materials.

We reserve all rights not expressly granted to you in and to the Services, Contents, Work Products, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will be terminated immediately without notice.

FOR VIEWING PURPOSES ONLY

OHM Solar Solutions, Inc. grants users of this Website a non-exclusive, non-transferable, revocable license to access this Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

• modify or copy the materials;
• use the materials for any commercial purpose or for any public display;
• attempt to reverse engineer any software contained on OHM Solar Solutions, Inc.’s Website;
• remove any copyright or other proprietary notations from the materials; or
• transferring the materials to another person or “mirror” the materials on any other server

OHM Solar Solutions, Inc. may terminate the Services and revoke access to this Website upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.

DISCLAIMER

All the materials on OHM Solar Solutions, Inc.’s Website are provided “as is”. OHM Solar Solutions, Inc. makes no warranties that may be expressed or implied as to the materials on this site. Furthermore, OHM Solar Solutions, Inc. does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.

LIMITATIONS

OHM Solar Solutions, Inc. or its suppliers will not be held accountable for any damages that might arise with the use or inability to use the materials on OHM Solar Solutions, Inc.’s Website, even if OHM Solar Solutions, Inc. or an authorized representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.

REVISIONS AND ERRATA

The materials appearing on OHM Solar Solutions, Inc.’s Website may include technical, typographical, or photographic errors. OHM Solar Solutions, Inc. will not promise that any of the materials on this Website are accurate, complete, or current. OHM Solar Solutions, Inc. may change the materials contained on its Website at any time without notice. OHM Solar Solutions, Inc. does not make any commitment to update the materials.

LINKS

OHM Solar Solutions, Inc. has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by OHM Solar Solutions, Inc. of the site. The use of any linked website is at the user’s own risk.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

USER-GENERATED CONTENT

By directly submitting a form or sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submissions. You agree that OHM Solar Solutions, Inc. shall be the exclusive owner of such Submissions and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse, suspend, or terminate Services on your behalf and refuse any and all current or future use of the Services with or without notice or cause.

4. PROHIBITED ACTIVITIES AND GOVERNING LAW

You may not access or use our Services for any purpose other than that for which we make the Services available to you. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by OHM Solar Solutions, Inc..

MISCONDUCT

As a user of our Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written consent from OHM Solar Solutions, Inc..
• Trick, defraud, or mislead us or any other users for any reason.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Intellectual Property or enforce limitations on the use of the Services and or the Intellectual Property contained therein.
• Disparage, tarnish, or otherwise harm OHM Solar Solutions, Inc. or any other user of the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit viruses, Trojan horses, or other material, including excessive use of capital letters or spamming or repetitive text, that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notices from any Intellectual Property.
• Attempt to impersonate another user or person or legal or business entity.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees, agents, third-parties, suppliers, partners, Affiliates, or clients.
• Use the Services as part of any type of business venture, advertisement, revenue-generating endeavor, or commercial purpose, whether or not such activities compete with OHM Solar Solutions, Inc., directly or indirectly.
• Use the Services to advertise or offer to sell goods and services.

GOVERNING LAW

Any claim related to OHM Solar Solutions, Inc.’s Website shall be governed by the laws of the State of California without regard to its conflict of law provisions.

LIMITATIONS OF LIABILITY

In no event will OHM Solar Solutions, Inc. or our directors, employees, agents, third-parties, suppliers, contractors, or affiliates be liable to you or any other third-party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless OHM Solar Solutions, Inc., including our subsidiaries, affiliates, employees, clients, contractors, directors, and suppliers from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of: (1) the use of  the Services; (2) breach of these Legal Terms; (3) any breach of your representations or warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to Intellectual Property rights; or (5) any overt harmful act toward any other user of the Services.

5.  USER DATA, ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

USER DATA

OHM Solar Solutions, Inc. may collect, process, retain, disclose, and sell certain data that you transmit to us when you use the Services in accordance with our Privacy Policy and applicable law. We make no representation or warranty as to the accuracy or validity of such data, and you agree that OHM Solar Solutions, Inc. shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right or action against us arising from any such loss or corruption of such data.

For more information regarding your privacy rights, please visit our Privacy Policy.

ELECTRONIC SIGNATURES, COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting the Services, sending us emails, filling out forms, completing online transactions, or engaging in any other form of online communications, you consent to receive communications from us and you agree that all agreements, notices, disclosures, and other communications we provide in person, via email, text message, over video call, or phone call are in accordance with your legal consent. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDER FORMS, AND OTHER RECORDS AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

6. MISCELLANEOUS

These Legal Terms constitute a binding legal agreement and understanding between you and OHM Solar Solutions, Inc.. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time and without notice. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision will be deemed severable and the remainder of these Legal Terms will remain in effect. These Legal Terms do not constitute a joint venture, partnership, affiliation, employment, or agency relationship between you and OHM Solar Solutions, Inc.. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

7. CONTACT US

If you have any requests, comments, questions, or complaints regarding the Services or these Legal Terms, please contact us at info@ohmpowerinc.com.