Terms and Conditions
Solarwise Home is a KJ Direct LLC web store. The Solarwisehome.com website is owned and operated by KJ Direct LLC.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site,
including but not limited to text, graphics or code is copyrighted as a
collective work under the United States and other copyright laws, and is the
property of KJ Direct LLC. The collective work includes works that are licensed
to KJ Direct LLC. Copyright 2007, KJ Direct LLC ALL RIGHTS RESERVED. Permission
is granted to electronically copy and print hard copy portions of this site for
the sole purpose of placing an order with KJ Direct LLC or purchasing KJ Direct
LLC products. You may display and, subject to any expressly stated restrictions
or limitations relating to specific material, download or print portions of the
material from the different areas of the site solely for your own non-commercial
use, or to place an order with KJ Direct LLC or to purchase KJ Direct LLC
products. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is strictly
prohibited, unless authorized by KJ Direct LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names
of KJ Direct LLC used in the site are trademarks or registered trademarks of KJ
Direct LLC
Warranty Disclaimer
This site and the materials and
products on this site are provided "as is" and without warranties of any kind,
whether express or implied. To the fullest extent permissible pursuant to
applicable law, KJ Direct LLC disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability and fitness
for a particular purpose and non-infringement. KJ Direct LLC does not represent
or warrant that the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or the server
that makes the site available are free of viruses or other harmful components.
KJ Direct LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
KJ Direct LLC shall not be liable
for any special or consequential damages that result from the use of, or the
inability to use, the materials on this site or the performance of the products,
even if KJ Direct LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a KJ Direct LLC
product is mistakenly listed at an incorrect price, KJ Direct LLC reserves the
right to refuse or cancel any orders placed for product listed at the incorrect
price. KJ Direct LLC reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is
cancelled, KJ Direct LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are
applicable to you upon your accessing the site and/or completing the
registration or shopping process. These terms and conditions, or any part of
them, may be terminated by KJ Direct LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
KJ Direct LLC may deliver notice to you by means of
e-mail, a general notice on the site, or by other reliable method to the address
you have provided to KJ Direct LLC.
Miscellaneous
Your use of this site shall be governed in
all respects by the laws of the Commonwealth of Pennsylvania, U.S.A., without
regard to choice of law provisions, and not by the 1980 U.N. Convention on
contracts for the international sale of goods. You agree that jurisdiction over
and venue in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of KJ Direct
LLC products) shall be in the courts located in Lehigh County, Pennsylvania. Any
cause of action or claim you may have with respect to the site (including but
not limited to the purchase of KJ Direct LLC products) must be commenced within
one (1) year after the claim or cause of action arises. KJ Direct LLC's failure
to insist upon or enforce strict performance of any provision of these terms and
conditions shall not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice shall act to modify
any of these terms and conditions. KJ Direct LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site,
including via e-mail, chat, or by use of obscene or abusive language, is
strictly forbidden. Impersonation of others, including a KJ Direct LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
KJ Direct LLC does not and cannot
review all communications and materials posted to or created by users accessing
the site, and is not in any manner responsible for the content of these
communications and materials. You acknowledge that by providing you with the
ability to view and distribute user-generated content on the site, KJ Direct LLC
is merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or activities
on the site. However, KJ Direct LLC reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory, or
obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a
copyright, trademark or; other intellectual property right of another or (d)
offensive or otherwise unacceptable to KJ Direct LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold
harmless KJ Direct LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value
to our visitors, KJ Direct LLC may link to sites operated by third parties.
However, even if the third party is affiliated with KJ Direct LLC, KJ Direct LLC
has no control over these linked sites, all of which have separate privacy and
data collection practices, independent of KJ Direct LLC. These linked sites are
only for your convenience and therefore you access them at your own risk.
Nonetheless, KJ Direct LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Returns and Warranties
Please visit the "Help" section of this website for more information.