Website Terms & Conditions
Effective Date August 2010
Please read these terms and conditions carefully before using this Free Hot Water website (“this site,” “our site”).
By using this site, you are accepting these Terms & Conditions of Use (“Terms & Conditions”). If you do not agree to these Terms & Conditions, please do not use our site. The Free Hot Water reserves the right to modify or amend these Terms & Conditions from time to time without notice. If you continue to use our site after we post changes to these Terms & Conditions, it will mean that you accept those changes.
If you are under 18 years of age, do not use this site unless you are an emancipated minor or have legal parental or guardian consent to accept these Terms & Conditions and are fully able to abide by them. This Free Hot Water does not knowingly collect information from children under the age of 13. If you are under 13, please don’t submit any personally identifiable information to the Free Hot Water on this site.
Use of Materials on this Site
The Free Hot Water maintains this site for customer information, education, and communication regarding the solar and renewable industry. Please feel free to browse our site. Except for User Submissions (see below), all materials on our site, including but not limited to artwork, photographs, graphics, audio clips, video clips, text and trademarks (collectively, “Materials”), are the sole property of the Free Hot Water or its licensors. The exclusive rights to all Materials on this site are protected by U.S. and international laws of copyright, trademark and unfair competition.
It is in keeping with the Free Hot Water’s mission to encourage conservation using solar and renewable energy. Accordingly, unless particular Materials are specifically restricted as noted on the web page, it is the Free Hot Water’s policy to allow limited reproduction and distribution of the Materials posted on our site as follows: You may copy, reproduce and distribute content from this site provided that: (1) the particular article or section is reproduced in its entirety in its original form; you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark and other proprietary notices; (2) all copies include a statement that the Material was reproduced from a Free Hot Water website with permission of the Free Hot Water; (3) all copies include the following notice “© 2012 Free Hot Water. All Rights Reserved.”; (4) the copies are distributed only for the non-commercial educational or public policy purposes of promoting conservation of the natural environment; and (5) the copies are distributed at no charge, or at most, at actual cost. Provided you comply with all of these conditions, the Free Hot Water grants you a non- exclusive, nontransferable license to use the Materials on our site.
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the Materials on our site, without prior written authorization from the Free Hot Water. To request such permission, send and email to info@freehotwater.com.
Free Hot Water, its oval logo, Free Hot Water Productions, and all other names of Free Hot Water programs referenced herein are registered or common law trademarks of Free Hot Water. In no event may Free Hot Water trademarks be reproduced separately from the textual content associated with them on the site. Unauthorized use of any Free Hot Water trademark, service mark or logo may be a violation of federal and state law.
If you download software from this site in order to use the Materials as authorized above, the software, including any files, images, audio or video clips incorporated in or generated by the software, and data accompanying the software (collectively, “the software”) is licensed to you by the Free Hot Water. The Free Hot Water does not transfer the title to you. You own the medium on which the software is recorded, but the Free Hot Water retains full title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
Submissions to this Site
You may submit information, text, photographs, graphics, videos, or other material (collectively, “User Submissions”) to this site.
Free Hot Water does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Free Hot Water expressly disclaims any and all liability in connection with User Submissions.
Users should be aware that your User Submissions are public, not private communications. When you voluntarily disclose personal information through your User Submissions, that information can be collected and used by others and may result in unsolicited messages from other people.
By submitting User Submissions to this site, you hereby grant Free Hot Water an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, use, copy, sell, distribute, create derivative works from, publicly display, or publicly perform the User Submission (or any portion thereof) in perpetuity, and the Free Hot Water may sublicense all or part of its rights under this license or assign them to third parties.
By submitting User Submissions to this site, you represent and warrant that the User Submissions is your original work, that the User Submission does not violate any agreement between you and a third party, and that the User Submission shall not infringe upon or violate any law, agreement or other rights of any kind, of any third party, without limitation, rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy or publicity. You agree that you will, at your own expense, defend, indemnify, and hold harmless the Free Hot Water and its affiliated and related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages and expenses of any kind (including, without limitation, attorneys’ fees and disbursements) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties herein.
Free Hot Water may refuse or remove any User Submission that, in its sole judgment, violates these Terms & Conditions. Free Hot Water has the right, but not the obligation, to monitor this site for inappropriate content. You are solely responsible for any User Submission you post on this site.
Notice of Claims for Copyright Infringement
To file a notice claiming that your copyrighted work has been infringed, you must send a written communication by email. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing your copyrights.
Security
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of this site cannot be guaranteed by Free Hot Water. Free Hot Water shall not be responsible for any harm that you or any person may suffer as the result of a breach of confidentiality with respect to information you transmitted to the site.
Account Registration and Security
You may need to create an account to access some features or areas of this site. When creating your account, you must provide accurate and complete information. You are solely responsible for any and all uses of your account, and you must keep your password secure. You may never use the account of another user. You must notify Free Hot Water immediately if you suspect any unauthorized use of your account. Although Free Hot Water will not be liable for any unauthorized use of your account, you may be liable for the losses of Free Hot Water or others due to such unauthorized use.
Outside Links
The Free Hot Water has not reviewed all of the sites linked to this site and is not responsible for the privacy practices or the content of any off-site pages or any other sites linked to this site, whether or not they are affiliated with the Free Hot Water. Such linked sites are for your convenience only and you access them at your own risk. Free Hot Water makes no representations or warranties as to the accuracy or functioning of any such link. That another web site is linked to our site does not constitute endorsement by Free Hot Water of the owner of the other site, the content of its site, or its products or services.
Warranty Disclaimer and Limitation of Liability
ALL CONTENT ON THIS SITE IS PROVIDED SOLELY FOR EDUCATIONAL AND PROMOTIONAL PURPOSES. YOUR USE AND BROWSING OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Free Hot Water DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. Free Hot Water DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.
IN NO EVENT SHALL Free Hot Water, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE Free Hot Water IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT Free Hot Water SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT YOU HAVE ANY DISPUTE WITH ONE OR MORE OTHER USERS OF THIS SITE, YOU RELEASE Free Hot Water, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
THE FOREGOING WARRANTY DISCLAINER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND WILL SURVIVE THESE TERMS & CONDITIONS AND YOUR USE OF THIS SITE.
Installation Disclaimer
Without limiting the Warranty Disclaimer and Limitation of Liability above, before undertaking any installation described on this site, it is your personal and exclusive responsibility to ensure that the activity is appropriate for you, that you have researched the activity description, and that you have proper training, equipment, and physical conditioning to safely participate in the installation. Free Hot Water and contributors to this site are not responsible for any harm to persons or property that results from your use of this site, including without limitation, use of any content on this site.
Indemnity
You agree to defend, indemnify and hold harmless Free Hot Water, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to this site; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of this site.
General Provisions
The materials on this Free Hot Water website are presented solely for promotional purposes. This site is operated under the supervision of Free Hot Water from its offices within the state of California. Free Hot Water products are available in many parts of the world. However, our site may describe products that are not available worldwide. Free Hot Water does not warrant or represent that materials on our site are appropriate or available for use in all other locations. If you choose to access our site from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from our site in violation of United States export controls.
You agree that this site shall be deemed solely based in California, and that this site shall be deemed a passive website that does not give rise to personal jurisdiction over Free Hot Water, either specific or general, in jurisdictions other than California. These Terms & Conditions shall be governed by and construed according to the laws of the state of California, as they are applied to agreements entered into and to be performed entirely within California. Any claim or cause of action arising out of or relating to this site shall be barred permanently unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in the Northern District of California, and you consent to jurisdiction of such courts for the purpose of litigating such actions.
Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms.
This is the entire agreement between us relating to your use of this site. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by the Free Hot Water.
These Terms & Conditions, and any rights and licenses granted hereunder, may not be assigned by you, but may be assigned by Free Hot Water without restriction.
Free Hot Water has the right, in its sole judgment, to block access from a particular Internet address or to suspend or terminate a user’s account for violations of these Terms & Conditions. In addition, Free Hot Water reserves the right to seek all remedies available at law and in equity for violations of these Terms & Conditions.
Thank you for visiting Free Hot Water
