TERMS AND CONDITIONS
TERMS OF SERVICE
BEFORE USING ANY OF THE Northpoint Solar SERVICES, YOU ARE REQUIRED TO READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU MAY ONLY CREATE AN ACCOUNT AFTER READING AND ACCEPTING THESE TERMS. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE Northpoint Solar SERVICES (“SERVICES”). BY USING THE Northpoint Solar SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT Northpoint Solar’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICE
THE SITE IS AN ONLINE SERVICE THAT OFFERS CHAT, EMAIL, CALL AND TEXT SUPPORT TO OWNERS AND OPERATORS OF WEBSITES RUNNING ON SINGLE-SITE INSTALLATIONS OF WORDPRESS. SERVICES INCLUDE, BUT ARE NOT LIMITED TO, ANY SERVICE AND/OR CONTENT Northpoint Solar MAKES AVAILABLE TO OR PERFORMS FOR YOU, AS WELL AS THE OFFERING OF ANY MATERIALS DISPLAYED, TRANSMITTED OR PERFORMED ON THE SITE OR THROUGH THE SERVICES.
YOUR ACCESS TO AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME AS A RESULT OF EQUIPMENT MALFUNCTION, UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR ANY OTHER REASON WITHIN OR OUTSIDE THE CONTROL OF Northpoint Solar. Northpoint Solar RESERVES THE RIGHT TO AMEND, SUSPEND OR DISCONTINUE THE AVAILABILITY OF THE SITE AND/OR ANY SERVICE AND/OR REMOVE ANY CONTENT AT ANY TIME AT ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE.
Northpoint Solar SERVICE DOES NOT SUPPORT MULTI-SITE WORDPRESS INSTALLATIONS. ONLY ONE WORDPRESS SITE PER ACCOUNT IS CURRENTLY SUPPORTED.
AS A CONDITION TO USING SERVICES, YOU ARE REQUIRED TO OPEN AN ACCOUNT WITH Northpoint Solar AND SELECT A PASSWORD AND USERNAME, AND TO PROVIDE REGISTRATION INFORMATION. THE REGISTRATION INFORMATION YOU PROVIDE MUST BE ACCURATE, COMPLETE, AND CURRENT AT ALL TIMES. FAILURE TO DO SO CONSTITUTES A BREACH OF THE TERMS, WHICH MAY RESULT IN IMMEDIATE TERMINATION OF YOUR Northpoint Solar ACCOUNT.
YOU MAY NOT USE AS A USERNAME THE NAME OF ANOTHER PERSON OR ENTITY OR THAT IS NOT LAWFULLY AVAILABLE FOR USE, A NAME OR TRADE MARK THAT IS SUBJECT TO ANY RIGHTS OF ANOTHER PERSON OR ENTITY OTHER THAN YOU WITHOUT APPROPRIATE AUTHORIZATION, OR A NAME THAT IS OTHERWISE OFFENSIVE, VULGAR OR OBSCENE.
DO NOT REVEAL YOUR ACCOUNT INFORMATION TO ANYONE ELSE. KEEP THIS AND ALL PERSONAL INFORMATION CONFIDENTIAL. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY AND SECURITY OF YOUR ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR ON OR THROUGH YOUR ACCOUNT, AND YOU AGREE TO IMMEDIATELY NOTIFY Northpoint Solar OF ANY SECURITY BREACH OF YOUR ACCOUNT. Northpoint Solar SHALL NOT BE RESPONSIBLE FOR ANY LOSSES ARISING OUT OF THE UNAUTHORIZED USE OF YOUR ACCOUNT. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ARE SOLELY RESPONSIBLE FOR ALL ACTIVITIES RESULTING FROM THE USE OF YOUR PASSWORD AND CONDUCTED THROUGH YOUR Northpoint Solar ACCOUNT.
SERVICES ARE AVAILABLE ONLY TO LEGAL ENTITIES AND TO INDIVIDUALS WHO ARE AT LEAST 18 YEARS OLD.
THE TERM “YOU” OR “YOUR” AS USED HEREIN SHALL AT ALL TIMES INCLUDE THE INDIVIDUAL OR LEGAL ENTITY WHICH HAS SUBSCRIBED TO THE Northpoint Solar SERVICES HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY AND ALL PERSONS AND/OR LEGAL ENTITIES WITH WHICH IT IS AFFILIATED AND/OR ASSOCIATED, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INDEPENDENT AND DEPENDENT CONTRACTORS, LICENSEES, SUCCESSORS AND ASSIGNS.
YOU AGREE THAT YOU WILL PAY FOR THE SERVICES, AND THAT Northpoint Solar MAY CHARGE YOUR PAYMENT METHOD FOR ANY SERVICES PURCHASED AND FOR ANY ADDITIONAL AMOUNTS (INCLUDING ANY TAXES AND LATE FEES, AS APPLICABLE) THAT MAY BE ACCRUED BY OR IN CONNECTION WITH YOUR ACCOUNT. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING Northpoint Solar WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
YOUR TOTAL PRICE WILL INCLUDE THE PRICE OF THE PRODUCT BUT EXPRESSLY EXCLUDES ANY APPLICABLE TAXES; SUCH SERVICE TAX IS BASED ON THE BILL-TO ADDRESS AND THE APPLICABLE TAX RATE IN EFFECT AT THE TIME YOU USE THE SERVICES. WE WILL CHARGE TAX ONLY IN SUCH JURISDICTIONS WHERE THE SERVICES ARE TAXABLE.
PRICES FOR THE SERVICES MAY CHANGE AT ANY TIME AT Northpoint Solar’S SOLE AND EXCLUSIVE DISCRETION. THE SERVICES DO NOT PROVIDE PRICE PROTECTION OR REFUNDS IN THE EVENT OF A PRICE REDUCTION OR PROMOTIONAL OFFERING.
USE OF SERVICES AND RENTED CONTENT
YOU AGREE THAT THE SERVICE MAY INCLUDE SECURITY TECHNOLOGY THAT LIMITS YOUR USE AND THAT YOU SHALL USE THE SERVICE IN COMPLIANCE WITH THE APPLICABLE USAGE RULES ESTABLISHED BY Northpoint Solar AND ITS LICENSORS (“USAGE RULES”), AND THAT ANY OTHER USE MAY CONSTITUTE A COPYRIGHT INFRINGEMENT. Northpoint Solar RESERVES THE RIGHT TO MODIFY THE USAGE RULES AT ANY TIME. YOU AGREE NOT TO VIOLATE, CIRCUMVENT, REVERSE-ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE TAMPER WITH ANY OF THE SECURITY TECHNOLOGY RELATED TO SUCH USAGE RULES FOR ANY REASON—OR TO ATTEMPT OR ASSIST ANOTHER PERSON TO DO SO. USAGE RULES MAY BE CONTROLLED AND MONITORED BY Northpoint Solar FOR COMPLIANCE PURPOSES, AND Northpoint Solar RESERVES THE RIGHT TO ENFORCE THE USAGE RULES WITHOUT NOTICE TO YOU. YOU AGREE NOT TO ACCESS THE SERVICE BY ANY MEANS OTHER THAN THROUGH SOFTWARE THAT IS ACCEPTABLE TO Northpoint Solar. YOU SHALL NOT ACCESS OR ATTEMPT TO ACCESS AN ACCOUNT THAT YOU ARE NOT AUTHORIZED TO ACCESS. VIOLATIONS OF SYSTEM OR NETWORK SECURITY MAY RESULT IN CIVIL OR CRIMINAL LIABILITY.
RELEASE AND INDEMNITY
YOU HEREBY EXPRESSLY AND IRREVOCABLY RELEASE AND FOREVER DISCHARGE Northpoint Solar, ITS AFFILIATED AND ASSOCIATED COMPANIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INDEPENDENT AND DEPENDENT CONTRACTORS, LICENSEES, SUCCESSORS AND ASSIGNS OF AND FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, LIABILITY, DEBTS, JUDGMENTS, CLAIMS AND DEMANDS WHATSOEVER IN LAW OR EQUITY WHICH YOU EVER HAD, NOW HAVE, OR HEREAFTER CAN, SHALL OR MAY HAVE, FOR OR BY REASON OF, OR ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF THE SITE AND THE SERVICES.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS Northpoint Solar, ITS AFFILIATED AND ASSOCIATED COMPANIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INDEPENDENT AND DEPENDENT CONTRACTORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND INDIRECT DAMAGES), AND REASONABLE ATTORNEYS’ FEES, RELATING TO, RESULTING FROM OR ARISING OUT OF, IN WHOLE OR IN PART (I) ANY BREACH OF THESE TERMS, WHETHER OR NOT DEEMED TO BE MATERIAL OR IMMATERIAL; (II) THE USE OF OR RELIANCE UPON THE SERVICES, BY YOU OR ANY PERSON ACTING ON YOUR BEHALF OR USING YOUR ACCOUNT OR Northpoint Solar USERNAME AND PASSWORD; OR (III) ANY MATERIAL OR IMMATERIAL VIOLATION OF ANY RIGHTS, TITLE OR INTERESTS OF ANY THIRD PARTY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Northpoint Solar BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, COMMON LAWOR WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT (I) FOR ANY LOST PROFITS, LOSS OF USE, OR ACTUAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. YOU UNDERSTAND THAT YOUR SOLE REMEDY FOR ANY DAMAGES YOU ALLEGE HAVE BEEN SUSTAINED AS A RESULT OF THE SERVICES IS TO CANCEL YOUR SUBSCRIPTION.
Northpoint Solar, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY Northpoint Solar OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
Northpoint Solar, NorthpointSolar.com AND OTHER GRAPHICS, LOGOS, DESIGNS, PAGE HEADERS, BUTTON ICONS, SCRIPTS, SERVICE NAMES AND ANY OTHER INTELLECTUAL PROPERTY ARE THE SOLE AND EXCLUSIVE INTELLECTUAL PROPERTY OF Northpoint Solar. Northpoint Solar’ INTELLECTUAL PROPERTY MAY NOT BE USED IN CONNECTION WITH ANY PRODUCT OR SERVICE WITHOUT THE PRIOR WRITTEN CONSENT OF Northpoint Solar. NOTWITHSTANDING THE FOREGOING, THE IMAGES AND ICONS AVAILABLE IN THE Northpoint Solar PRESS KIT MAY USED BY PARTNERS AND APPROVED THIRD PARTY SITES IN CONNECTION WITH PROVIDING APPROPRIATE LINKS TO THE Northpoint Solar SITE
CERTAIN SERVICES AVAILABLE MAY INCLUDE MATERIALS FROM THIRD PARTIES. Northpoint Solar MAY PROVIDE LINKS TO THIRD-PARTY WEBSITES AS A CONVENIENCE TO YOU. YOU AGREE THAT Northpoint Solar IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY AND DOES NOT WARRANT AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES. YOU AGREE THAT YOU WILL NOT USE ANY THIRD-PARTY MATERIALS IN A MANNER THAT WOULD INFRINGE OR VIOLATE THE RIGHTS OF ANY OTHER PARTY AND THAT Northpoint Solar IS NOT IN ANY WAY RESPONSIBLE FOR ANY SUCH USE BY YOU.
UNLIMITED AND REASONABLE USE
THE TERM “UNLIMITED” IS SUBJECT TO A REASONABLE USE CLAUSE. THE DEFINITION OF REASONABLE USE IS DETERMINED BY Northpoint Solar MANAGEMENT, AT ITS SOLE AND EXCLUSIVE DISCRETION. CUSTOMERS DEEMED TO BE ABUSING THE Northpoint Solar SERVICE WILL BE CONTACTED BY THE Northpoint Solar MANAGEMENT. Northpoint Solar MANAGEMENT RETAINS THE SOLE AND ABSOLUTE DISCRETION TO SUSPEND SERVICE TO YOU IF WE DEEM NECESSARY.
TERMINATION & CANCELLATION
CANCELLATION OF OUR SERVICES CAN OCCUR AT ANY TIME. YOU ARE NEVER OBLIGATED TO STAY WITH Northpoint Solar. IF YOU ARE UNHAPPY WITH OUR SERVICE, WE WOULD GREATLY APPRECIATE FEEDBACK SO WE CAN KNOW HOW TO BEST IMPROVE OUR SERVICES. YOU ARE FREE TO DISCONTINUE AT ANY TIME.
Northpoint Solar MAY TERMINATE OR SUSPEND ANY AND ALL SERVICES AND/OR YOUR Northpoint Solar ACCOUNT IMMEDIATELY, WITHOUT PRIOR NOTICE OR LIABILITY, FOR ANY REASON WHATSOEVER, OR FOR NO REASON, INCLUDING WITHOUT LIMITATION IF YOU BREACH THE TERMS. UPON TERMINATION OF YOUR ACCOUNT, YOUR RIGHT TO USE THE SERVICES WILL IMMEDIATELY CEASE. IF YOU WISH TO TERMINATE YOUR Northpoint Solar ACCOUNT, YOU MUST CONTACT US WITH YOUR TERMINATION REQUEST. ALL PROVISIONS OF THE TERMS WHICH BY THEIR NATURE SHOULD SURVIVE TERMINATION SHALL SURVIVE TERMINATION, INCLUDING, WITHOUT LIMITATION, OWNERSHIP PROVISIONS, WARRANTY DISCLAIMERS, INDEMNITY AND LIMITATIONS OF LIABILITY.
YOU CAN CONTACT US THROUGH THE CONTACT PAGE OR SUPPORT AREA TO ISSUE A TERMINATION REQUEST.
Northpoint Solar RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY OR REPLACE THE TERMS AT ANY TIME. IF THE ALTERATIONS CONSTITUTE A MATERIAL CHANGE TO THE TERMS, Northpoint Solar WILL NOTIFY YOU BY POSTING AN ANNOUNCEMENT ON THE SITE. WHAT CONSTITUTES A MATERIAL CHANGE WILL BE DETERMINED AT Northpoint Solar’S SOLE DISCRETION. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. USING ANY SERVICE OR VIEWING ANY CONTENT FOLLOWING NOTIFICATION OF A MATERIAL CHANGE TO THE TERMS SHALL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS AS MODIFIED.
NO AGENCY, PARTNERSHIP, JOINT VENTURE, OR EMPLOYMENT IS CREATED AS A RESULT OF THE TERMS AND YOU DO NOT HAVE ANY AUTHORITY OF ANY KIND TO BIND Northpoint Solar IN ANY RESPECT WHATSOEVER. THE FAILURE OF EITHER PARTY TO EXERCISE IN ANY RESPECT ANY RIGHT PROVIDED FOR HEREIN SHALL NOT BE DEEMED A WAIVER OF ANY FURTHER RIGHTS HEREUNDER. Northpoint Solar SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND Northpoint Solar’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION (INCLUDING “LINE-NOISE” INTERFERENCE). IF ANY PROVISION OF THE TERMS IS FOUND TO BE UNENFORCEABLE OR INVALID, THAT PROVISION SHALL BE LIMITED OR ELIMINATED TO THE MINIMUM EXTENT NECESSARY SO THAT THE TERMS SHALL OTHERWISE REMAIN IN FULL FORCE AND EFFECT AND ENFORCEABLE. Northpoint Solar MAY TRANSFER, ASSIGN OR DELEGATE THE TERMS AND ITS RIGHTS AND OBLIGATIONS WITHOUT YOUR CONSENT. THE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA, AS IF MADE WITHIN COLORADO BETWEEN TWO RESIDENTS THEREOF, THE PARTIES SUBMIT TO THE EXCLUSIVE JURISDICTION OF COLORADO COURTS. BOTH PARTIES AGREE THAT THE TERMS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE MUTUAL UNDERSTANDING OF THE PARTIES AND SUPERSEDES AND CANCELS ALL PREVIOUS WRITTEN AND ORAL AGREEMENTS, COMMUNICATIONS AND OTHER UNDERSTANDINGS RELATING TO THE SUBJECT MATTER OF THE TERMS, AND THAT ALL MODIFICATIONS MUST BE IN A WRITING SIGNED BY BOTH PARTIES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN.
Secure Server Pages / Online Application Pages
Some of the pages requiring information are certified as Secure Sockets Layer (SSL) pages as designated. Northpoint Solar appreciates the importance of providing a secure environment on its website and will take all reasonable and customary steps to protect the information You provide. Please use all means to protect your personal information, particularly if You are using a shared computer. Supporting documents and disclaimers necessary for submission of applications which appear on this site may be supported by other documents requiring a signature. In such event, the signed document shall prevail, and the documents and disclaimers appearing on the website shall be incorporated into the signed document. In the event there is any contradiction in terms between the online document and the subsequent signed document, the conflicting term(s) shall be resolved by relying on the document which is actually signed.
Intellectual Property Ownership
All information and content contained on or in the Northpoint Solar website, including but not limited to text, images, video, audio and data are owned by and proprietary to Northpoint Solar, its vendors and/ or licensors and are protected by applicable copyright, trademark and trade secret laws. All rights not expressly granted by this Agreement are reserved solely to Northpoint Solar, its vendors and/ or licensors. Except as otherwise specifically stated in this Agreement, You may not duplicate, display, distribute, sell, resell, reverse engineer, disassemble, decompile, make derivative works, or other use the information or content of this website. Any unauthorized use by You may subject you to penalties or damages. Northpoint Solar will enforce its intellectual property rights to the full extent of the law. Your use of the Service is for your own personal use, and any sharing of Your account information, login, passwords, or the information, content and data provided by the Service, with any other person, firm or entity is strictly prohibited.
Use of NorthpointSolar.com
You may not use NorthpointSolar.com for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You may not use the NorthpointSolar.com web site or any of its content for competitive reasons nor may you resell or redistribute NorthpointSolar.com content without prior express written consent of management at NorthpointSolar.com. You may not attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the NorthpointSolar.com web site, any data or content found on or accessed through the NorthpointSolar.com web site without prior express written consent of management at NorthpointSolar.com.
You may not use the NorthpointSolar.com web site to obtain or attempt to obtain through any means any materials or information on the NorthpointSolar.com web site that has not been intentionally made publicly available either by public display on the NorthpointSolar.com web site or through accessibility by a visible link on the NorthpointSolar.com web site. You may not use the NorthpointSolar.com web site in a manner that would violate the security of the NorthpointSolar.com web site or attempt to gain unauthorized access to the NorthpointSolar.com web site, data, materials, information, computer systems, or networks connected to any server associated with the NorthpointSolar.com web site, through hacking, password mining or any other means. You may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity. You may not interfere with, attempt to interfere with or otherwise disrupt the proper working of the NorthpointSolar.com web site, any activities conducted on or through the NorthpointSolar.com web site or any servers or networks connected to the NorthpointSolar.com web site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the NorthpointSolar.com web site.
Digital Millennium Copyright Act
If You believe that your copyrighted work has been copied, reproduced, displayed, duplicated,
performed, distributed, or otherwise infringed without your authorization and is available on the
Service in a way that may constitute copyright infringement, You may provide notice of your
claim to Northpoint Solar Designated Agent listed below, as set forth in the Digital Millennium Copyright
Act of 1998 (DMCA). For your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
2. A description of the copyrighted work that You claim has been infringed upon;
3. A description of where the material that You claim is infringing is located;
4. Information reasonably sufficient to permit Northpoint Solar to contact You, such as an address,
telephone number, and, if available, an e-mail address at which You may be contacted;
5. A statement by You that You have a good-faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury,
that You are authorized to act on behalf of the owner of an exclusive right that is allegedly
If your user content or other information has been affected by reason of a notification under
the DMCA, You may make a counter-notification pursuant to sections 512(g)(2) and (3) of the
DMCA. You will be liable for damages (including costs and attorneys’ fees) if You materially
misrepresent that your user content or your activity is not infringing the copyrights of others.
When we receive a counter-notification, we may reinstate the material in question.
To file a counter-notification with us, You must provide us with a written communication sent to
Northpoint Solar’s Designated Agent identified above that sets forth the following items:
1. An identification of the URLs or other unique identifying information of material that Northpoint Solar
has removed or to which Northpoint Solar has disabled access;
2. Your name, address, telephone number, email address, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that You will accept service of process from the person who provided notification under the DMCA or an agent of such person;
3. A statement, under penalty of perjury, that You have a good faith belief that content at issue
was removed or disabled as a result of a mistake or misidentification of the material to be
removed or disabled; and
4. Your physical or electronic signature.
Tell a Friend / Referral Program Policy
For the purposes of spreading solar in communities, Northpoint Solar provides each
signed-up user with a unique cookie-enabled web address/URL by which to track leads that
come from the user’s efforts. A finder’s fee/payment will be made to the user for any new users
he or she brings in who (1) sign up on the NorthpointSolar.com website via the user’s unique cookie-
enabled web address/URL and (2) purchase a solar system through Northpoint Solar. Specific fees are
outlined in the user’s profile. The user shall receive itemized real-time reporting from One Block
Off the Grid as to lead activity and amount earned in the user’s profile. The qualification status
for all inbound leads will be determined solely at the discretion of Northpoint Solar based
on factors such as pitch of roof(s), direction of roof (s), and shading of roof(s) by trees, buildings or other impediments, as well as other factors. Northpoint Solar will make a good faith effort to qualify and sell all inbound leads. A user is strictly forbidden from participating in any form of paid online advertising for and/or on behalf of Northpoint Solar such as Google Adwords or Facebook paid advertising. Additionally, user is not permitted to use “Northpoint Solar” or “Northpoint Solar” in the URL of any website they may set up in relationship to the referral/tell-a-friend program.
Use of this Site at Own Risk
You acknowledge and agree that Your use of the website and of the Service is at Your own risk and that neither Northpoint Solar nor any other party involved in creating, producing, or delivering this website, including the content and information contained in this website, is liable for any direct, indirect, incidental, consequential or punitive damages, or any losses, costs, or expenses of any kind (including attorneys’ fees, and/or other fees or expenses ) which may arise, directly or indirectly, through the access to, the use of, or the browsing in this site or through your downloading of any materials, text, data, images, video, or audio from this website, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, or the failure of any Internet service provider.
No Warranty of Accuracy of Information
You acknowledge and agree that while Northpoint Solar will make reasonable efforts to ensure that the
content and information provided by the Service is correct and that even though the schedules,
times, locations, entertainers, speakers, performers, and other information contained in the
Northpoint Solar website are based upon current information, Northpoint Solar cannot and does not guarantee the
accuracy of the information and makes no warranties or representations as to its accuracy. ALL
CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE AND/OR PROVIDED
BY THE SERVICE ARE PROVIDED TO YOU “AS IS”, WITHOUT ANY WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT.
Limitation of Liabilities
UNDER NO CIRCUMSTANCES SHALL Northpoint Solar BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF Northpoint Solar HAS BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Northpoint Solar’s LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO Northpoint Solar, REGARDLESS OF THE FORM OF CLAIM. YOU ACKNOWLEDGE THAT Northpoint Solar DOES NOT GUARANTEE ANY WORK DONE BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY Northpoint Solar. YOU AGREE THAT Northpoint Solar IS NOT LIABLE FOR ANY DAMAGE, LOSS OR JUDGMENT CAUSED BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY Northpoint Solar AND YOU WAIVE ALL SUCH CLAIMS AGAINST Northpoint Solar AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES.
You agree to indemnify and hold harmless Northpoint Solar, its affiliates, its officers, directors, agents and employees against any asserted claims or suits made by any third party or any regulatory action brought by any entity, for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys’ fees) arising from or relating to: (i) any actual or alleged breach of this Agreement by You (ii) any content, data or material that you submit, post or otherwise provide to Northpoint Solar or on this website.
Unlawful Content and Behavior
You acknowledge and agree that You will not post or transmit to this website any pornographic,
obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could
constitute or encourage conduct that would be considered a criminal offense, give rise to civil
liability, or otherwise violate any law or regulation. Notwithstanding the fact that Northpoint Solar or other
parties may be involved in creating, producing or delivering this website, may monitor or review
transmissions, postings, or discussions, Northpoint Solar assumes no responsibility or liability which
may arise from such content, including but not limited to claims for defamation, libel, slander,
obscenity, pornography, profanity or misrepresentation.
Links to Other Websites
You acknowledge and agree that although this website may be linked to other websites, Northpoint Solar
neither directly nor indirectly expresses or implies any approval, association, sponsorship,
endorsement or affiliation with the linked website, unless otherwise specifically stated in this
website. Northpoint Solar has not reviewed all websites linked to this website, is not responsible for the
content of any other website linked to this website, and makes no representations or warranties
whatsoever as to the content or information contained on such websites. Any use of links by You to any other websites is at Your own risk.
Application of Laws
You acknowledge and agree that although the information and materials on the Northpoint Solar website
may be read throughout the world, this website is designed and intended for use in the United
States and use of this website by You will be construed and evaluated according to the laws
of the United States. If You access this website from another country, You are responsible for
compliance with any and all applicable local laws. If the information and materials in the website
do not conform to the laws of the country where You access the website, the information is not
meant for You. Northpoint Solar makes no representation that the information and materials contained
in this website are appropriate outside the United States. You agree that in the event that any
dispute arises under this Agreement or Your other use of this website or the Service, the laws
of the State of California shall apply without resort to its choice of law provisions or rules.
You also agree to submit to the personal jurisdiction of the state and federal courts located in
San Francisco County, California and further agree that the states and federal courts located in
San Francisco County, California shall be the exclusive venue for the resolution of any dispute
between Northpoint Solar and You.
This Agreement is the entire agreement and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. No waivers or amendments shall be effective unless made in writing and signed by a duly authorized representative of Northpoint Solar.
If any part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect or nullify the remainder of this Agreement.
Northpoint Solar PRIVACY STATEMENT
This privacy statement covers the site www.NorthpointSolar.com. Because this Web site wants to demonstrate its commitment to our users’ privacy, it has agreed to disclose its information practices. What personally identifiable information Northpoint Solar collects.
What personally identifiable information third parties collect through the Web site. What organization collects the information. How NorthpointSolar.com uses the information. With whom NorthpointSolar.com may share user information. What choices are available to users regarding collection, use and distribution of the information. What types of security procedures are in place to protect the loss, misuse or alteration of information under NorthpointSolar.com control. How users can correct any inaccuracies in the information.
If users have questions or concerns regarding this statement, they should first contact Northpoint Solar Customer Support by email at [email protected] or by phone at 415-347-1264.
Information Collection and Use
NorthpointSolar.com is the sole owner of the information collected on NorthpointSolar.com. NorthpointSolar.com collects information from our users at several different points on our Web site.
In order to use some features of this Web site, a user must first complete the registration form. During registration a user is required to provide contact information (such as name and email address) as well as certain information regarding a user’s home and energy usage. We may use this information to contact the user, via email, direct mail or telephone, about services on our site for which he has expressed interest. We may provide this contact information to solar retailers and other third party service providers who can help fulfill your information/service request.
Third Party Communications
As stated above, we may provide your contact information to solar retailers and other third party
service providers who can help fulfill your information/service request. Accordingly, these third
parties may directly contact you (via email, direct marketing, or telemarketing) about (i) your
information/service requests through this website and/or (ii) their own products and services.
Please see our Opt-out section for how to opt out of receiving these communications.
We store information that we collect through cookies and log files to create a profile of our
users. A profile is stored information that we keep on individual users detailing their solar
energy system preferences. Consequently, collected information is tied to the user’s personally
identifiable information to provide the quote service and improve the content of the site for the
user. This profile is used to tailor a user’s service from our Web site and may be used to direct
pertinent NorthpointSolar.com marketing promotions to them. We may share your profile with third party
service providers in order to enhance your user experience and our services.
What’s a cookie?
A cookie is a piece of data stored on the user’s computer tied to information about the user.
Usage of a cookie is in no way linked to any personally identifiable information while on our
site. We use both session ID cookies and persistent cookies. For the session ID cookie, once
users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time.
cookie on our site, we are able to save the information and settings provided by the user in an
earlier session even if they have not registered.
If you have not registered with Northpoint Solar, deleting cookies means that you may be unable to restore information from a previous session. There are a number of software and shareware programs available that are designed to periodically purge cookie files from your hard disk. We do not recommend these applications and, as such, cannot address any resulting support issues that may be related to the use of these programs.
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/ time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
Communications from the Site
Special Offers and Updates
We send users email notifications of various events relating to the use of Northpoint Solar. Established members will occasionally receive information on products, services, special deals, and/or a newsletter. During the sign up process, we do present the option note to receive these types of communications. Please see the Choice and Opt-out sections.
If a user wishes to subscribe to our emails, we ask for contact information such as name and email address. Out of respect for our users, we provide a way to unsubscribe from/opt-out of these communications in each message we send.
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user’s wishes.
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.
Sharing of Information
We do not sell or otherwise disclose information about our website visitors, except as described here. We may share the information you provide among our solar installers and other third party service providers in order to help fulfill your information/service request. Please note that these third parties with whom we share your information may (i) use such personal information for their own purposes (including commercial purposes) as set forth in their respective privacy policies or (ii) may disclose or dispose of your information to other third parties in the course of their own business. You may opt out of this use by contacting these third parties directly. The opt-out terms for these third parties will be governed by their respective privacy policies. In addition, we may disclose information about you (i) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity or (ii) if this is necessary to protect the vital interests of the a person.
In the event NorthpointSolar.com goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be a part of the assets transferred. Users will be notified via [email protected] or via a prominent notice on our Web site for 30 days prior to a change of ownership or control of their personal information. If as a result of the business transition, the users’ personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.
Our users are given the opportunity to ‘opt-out’ of having their information used for purposes
not directly related to our site at the point where we ask for information. For example, our
order form has an ‘opt-out’ mechanism so users who buy a product from us, but don’t want
any marketing material, can keep their email address off of our lists. Users who no longer
wish to receive our emails and/or promotional communications may opt-out of receiving these
communications by replying to the email with “Remove” in the subject line or by emailing us at
Upon your request, we can (i) provide You with a list of all the companies to whom we have provided your contact information pursuant to this website and (ii) provide You the categories of information shared with the third parties. You may opt-out from having your personal information shared with or provided to third parties, and you may request the list referenced above, by sending us an email given at the end of this policy. In addition, please note that the list referenced above is free to the consumer; however, we are only required by law to respond to one request per year.
If You receive a commercial email from one of our third parties, You may be able to unsubscribe by following the instructions at the bottom of each email. If You want to opt-out from all communications from these third parties, You may opt out of this use by contacting these third parties directly.
This Web site contains links to other sites. Please be aware that we, NorthpointSolar.com, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Surveys & Contests
From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used [shared with the contest [survey] sponsors] to notify the winners and award prizes. Anonymous Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Users’ personally identifiable information is not shared with third parties.
If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. NorthpointSolar.com will automatically send the friend a one-time email inviting them to visit the site. NorthpointSolar.com does store this information for the sole purpose of sending this one-time email and tracking the success of our referral program. The friend may contact NorthpointSolar.com at [email protected] to request the removal of this information from our database.
This Web site takes every precaution to protect our users’ information. When users submit sensitive information via the Web site, their information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry – SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just ’surfing’. To learn more about SSL, visit VeriSign. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their passwords to re-gain access to user information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added; our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our users’ information is protected. Finally, the servers that store personally identifiable information are in a secure environment in a locked facility. If users have any questions about the security at our Web site, users can send an email to [email protected]
Correcting/Updating/Deleting/Deactivating Personal Information
If a user’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users’ personally identifiable information. This can be done by emailing our Customer Support at [email protected] Or, contact us by telephone or postal mail at the contact information listed below.
Notification of Changes
the homepage, and other places we deem appropriate so our users are always aware of what
information we collect, how we use it, and under what circumstances, if any, we disclose it. We
In some cases where we post a notice we will also email users, who have opted to receive
communications from us, notifying them of the changes in our privacy practices.
Email: [email protected]