Attention: These EZ Calculator Service Terms of Use will govern your use of the EZ Calculator Service ("Service") offered by Sharp Electronics Corporation ("SHARP") in collaboration with its business partner Clean Power Research, LLC ("CLEAN POWER") through pages on the website www.clean-power.com/sharp/ ("Site"), so please read these terms of use carefully. You may not access the EZ Calculator Service pages on the Site or use the Service until you have agreed to these terms and conditions.
Binding Agreement
Use of the Service is available only to those users who are in compliance and agreement with these terms and conditions of use as well as other terms and conditions including those referenced on the Site. By using the Service, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.
EZ Calculator Service
(a) SHARP, in collaboration with one of its business partners, CLEAN POWER, offers a financial simulation program through the Service which identifies estimated system costs, cost savings, energy savings and environmental benefits associated with use of the SHARP solar systems. To use the Service, you must enter your zip code and select from a drop down menu of estimate variables (e.g., last month's or year's electric bill amount, system size, loan terms). Such information does not personally identify you. After making your selections, the Service will provide you with the results.
(b) The Service cannot account for all contingencies/variables. SHARP makes no guarantees as to estimates derived from the Service, the market value or the product suitability, or any projected cost savings, energy savings or environmental benefits; nor is it responsible for any damages suffered by you or others as a result of the information provided by the Service. SHARP also is not responsible for any damages occurring, directly or indirectly, due to estimates, if any, arrived at by the Service.
(c) The Service is simply a reference tool, intended as a guide for you, and is not a guarantee of any estimates, and does not constitute a contractual agreement between you, SHARP, SHARP's business partners or any other party.
(d) While SHARP offers the Service in collaboration with CLEAN POWER on certain pages of the Site, SHARP assumes no responsibility for other pages of the Site or other products or services that may be offered through the Site.
Fees
The Service is provided at no cost to you, but in order to use the Service, you must provide your own access to the Internet.
Changes to EZ Calculator Service Terms of Use; Modification, Suspension, Discontinuation or Termination of the Service
(a) SHARP reserves the right to change or modify at any time the terms and conditions applicable to the use of this Service. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the Site (with the effective date). Any use of the Service after such changes or modifications shall be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. Because they will be binding on you, you should revisit these terms from time to time.
(b) SHARP reserves the right to at any time modify all or any aspect or portion of the products or services provided to you through the Service, as well as suspend, discontinue or terminate products or services with no prior notification to you. SHARP may also impose limits on certain features, products or services, including the Service. SHARP will not be held responsible for damages and/or problems resulting from such modification, suspension, discontinuation or termination. SHARP further reserves the right to change or modify the EZ Calculator Service pages of the Site at any time.
Disclaimer TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. INFORMATION OR MATERIALS PROVIDED THROUGH THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, MATERIALS, CONTENT, RELATED COMMUNICATIONS AND SOFTWARE MADE AVAILABLE TO YOU ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES AND, IN SUCH INSTANCES, SHARP'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. SHARP DOES NOT WARRANT THE ACCURACY, CURRENCY OR COMPLETENESS OF THE MATERIALS OR CONTENT DISPLAYED OR DISTRIBUTED THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT, FINANCIAL SIMULATION, ESTIMATE, ADVERTISEMENT, PRICE INFORMATION, INFORMATION RELATING TO COST SAVINGS, ENERGY SAVINGS OR ENVIRONMENTAL BENEFITS OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SERVICE.
SHARP DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY OF THE MATERIALS OF THE SERVICE. SHARP DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, OR USE OF THE SERVICE OR YOUR DOWNLOADING OF ANY MATERIALS THROUGH THE SERVICE.
THE MATERIALS PROVIDED THROUGH THE SERVICE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SHARP RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SERVICE. SHARP MAY MAKE ANY OTHER CHANGES TO THE SERVICE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, PRICES (IF ANY) AT ANY TIME WITHOUT NOTICE.
Limitation of Liability YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS, INFORMATION, ESTIMATES, FINANCIAL SIMULATIONS OR PRODUCTS OFFERED THROUGH THE SERVICE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHARP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OR YOUR INABILITY TO USE THE SERVICE, ITS MATERIALS, INFORMATION, ESTIMATES, FINANCIAL SIMULATIONS OR OTHER CONTENT, INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY UNDER SOME CIRCUMSTANCES AND, IN SUCH INSTANCES, SHARP's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
SHARP SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
Choice of Law and Forum
These terms and conditions of use and any dispute between you and SHARP arising out of or related to this Agreement or your use of the Service (the "Disputes") shall be construed, interpreted and governed by the laws of New York, without giving effect to its conflict of laws provisions. The state and federal courts located in New York, New York, U.S.A., shall have exclusive jurisdiction and be the exclusive venue for the Disputes and you consent to the personal and exclusive jurisdiction and venue of these courts in connection with the Disputes.
Entire Agreement
These terms and conditions shall constitute the entire agreement between SHARP and you and supersedes any previous oral, written or electronic communications or documents with respect to the subject matter herein. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
Privacy Policy
SHARP's Privacy Policy located at link is hereby incorporated herein by reference, and you agree to abide by such Privacy Policy.
