Terms and Conditions
Welcome to the Malama Solar website, malamasolar.com (the “Website”). By using the Website, you agree to be bound by these terms and conditions (the “Terms”). If you do not agree to these Terms, please do not use the Website.
The Website provides information and services related to solar energy solutions. Malama Solar reserves the right to modify or discontinue the Website or any portion of the Website, at any time and without notice.
Use of the Website is void where prohibited. The Website is intended solely for users who are eighteen (18) years of age or older. By using the Website, you represent and warrant that you are at least eighteen (18) years old and that you agree to abide by all applicable laws and regulations.
Any promotions or offers listed on the Website are subject to change without notice and may be subject to additional terms and conditions.
Use of Data
You may not use the Website or any of its content for any commercial purpose. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website.
The Website may include interactive services such as forums, blogs, and other user-generated content. You are solely responsible for your use of these services and for any content you contribute. By using these services, you agree not to post, upload, or otherwise transmit any content that is illegal, defamatory, obscene, or otherwise offensive.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Malama Solar and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Malama Solar or such third party that may own the Trademarks displayed on the Website.
The Website, including all content, software, and technology used to provide the Website, is owned, licensed, or controlled by Malama Solar and is protected by intellectual property laws.
The Website may contain links to third-party websites. These links are provided for your convenience and are not an endorsement of the websites or the information contained therein. We are not responsible for the content of any third-party website, and you use these links at your own risk.
You agree to defend, indemnify, and hold harmless Malama Solar, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Website; (b) your violation of these Terms; or (c) your violation of any third-party right, including without limitation any intellectual property right, property right, or privacy right.
Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE WEBSITE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND 2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Limitation of Liability
NEITHER MALAMA SOLAR NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, CONTENT OR OTHER PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR SIMILAR DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE.
General Legal Notices
These Terms constitute the entire agreement between you and Malama Solar and govern your use of the Website. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Malama Solar’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
You may not assign these Terms or transfer any rights to use the Website without the prior written consent of Malama Solar, and any unauthorized assignment and transfer shall be null and void.
These Terms shall be governed by and construed in accordance with the laws of the State of Hawaii, without giving effect to any principles of conflicts of law.
Dispute Resolution & Arbitration
Any dispute arising under or in connection with these Terms, or your use of the Website, shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the State of Hawaii, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The parties agree to pay their own expenses, and share equally the expenses of the arbitrator and the arbitration proceedings. Any award may be confirmed and enforced as a judgment in any court of competent jurisdiction. The parties further agree that any arbitration shall be conducted on an individual basis and not as a class action or other representative proceeding. The parties also agree that they will not participate in any class action or other representative proceeding relating to any dispute. If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall be enforced.