As used in these TOU, the terms "you" and "User" shall mean any visitor to the Site or user of the Services , including any Third-Party Vendors or any employee thereof, whether for their own personal use or on behalf of their employer.
By accessing the Site or using the Services you are agreeing to accept and comply with these TOU. In addition, by utilizing any of the resources or Services available at the Site, whether by directly accessing the Site or such Services via alternative means (for example, telephone, email, mail or facsimile transmission) you are agreeing to comply with these TOU and any applicable posted guidelines relating specifically to those resources or Services. Inspire Energy reserves the right to modify these TOU, and any such guidelines, at any time, without notice to you.
If you object to any term or condition of the TOU, or any guidelines, or any subsequent modification to either the TOU or any such guideline, your only recourse is to immediately cease accessing the Site, and to cease using the resources and Services available at the Site. Inspire Energy retains, but is not obligated to exercise, the right to strictly enforce the TOU and posted guidelines through any means that it may deem necessary or desirable, including, without limitation, self-help and litigation.
From time to time Inspire Energy shall provide Content (as defined below), together with certain resources and services, all as described more fully on the Site (the "Services").
The Services Inspire Energy provides to you may include, but not be limited to, the following: calculators, estimators, proposal solicitation platforms, graphical representations of financial and energy performance data, dashboards, self-evaluation guides (wizards), maps, summaries, digests, member forums, and web logs (blogs); information concerning third-party vendors including, but not limited to, product manufacturers, installers and other contractors, lenders and financial institutions (“Third-Party Vendors”); and product and service descriptions, including materials provided by Third-Party Vendors (whether such materials are delivered to you via the Site or through the Services, or delivered to you directly by a Third-Party Vendor in response to a Submitted Request, “Requests for Information and Services”). Your acceptance of these materials, whether displayed or transmitted on the Site, or through the Services by means including, but not limited to, text, User comments, messages, information, data, graphics, articles, brochures, photographs, images, illustrations, software, audio clips, and video clips (collectively, "Content"), is subject to these TOU. Inspire Energy may change, suspend or discontinue the Services, including any Content, at any time, for any reason. Inspire Energy may also place limitations on certain features and Services, or restrict your access to parts of or all of the Services, without notice or liability.
Unless expressly stated in writing on the Site or in Content relating to the Services, nothing contained therein shall constitute an offer or promise to deliver any products and services, whether by Inspire Energy or any Third-Party Vendor. Third-Party Vendors may not offer all products and services described on the Site, or described in Content relating to such services, in all states, or in all communities within a state, and the offer of certain products or services to Users may be subject to certain qualifying criteria that are not established by Inspire Energy, and over which Inspire Energy has no influence, authority or control.
You may extend an invitation to Inspire Energy or any Third-Party Vendor to provide you with information about products and/or services, or to furnish you with proposals to deliver products and/or services (a “Submitted Request”). Any Submitted Request that you deliver to Inspire Energy or to a Third-Party Vendor will permit either or both of them, as appropriate, to deliver information and/or proposals to you via the Site, telephone (if you provide your telephone number as part of your Submitted Request), email, mail, facsimile transmission, or any other means. If you provide your telephone number as part of your Submitted Request, your Submitted Request shall also constitute an express written request that authorizes Inspire Energy or any such Third-Party Vendor to contact you via telephone, even if your telephone number is listed on a state or federal Do Not Call registry maintained pursuant to state or federal law. You will not be called, however, unless:
You agree that you must evaluate, and bear all risks associated with, User-Provided Content, that you may not rely on said User-Provided Content, and that under no circumstances will Inspire Energy be liable in any way for any User-Provided Content, or for any loss or damage of any kind incurred as a result of the use of, or reliance upon, any User-Provided Content posted, emailed, or otherwise made available via the Site or through the Services. You acknowledge that Inspire Energy does not pre-screen User-Provided Content for accuracy or completeness, and does not endorse any User-Provided Content, either in whole or in part. Inspire Energy reserves the right, in its sole discretion, but is not obligated, to delete, move, or refuse to accept, any User-Provided Content that violates the letter or the spirit of these TOU, or for any other reason.
Many opinions regarding distributed energy products and services, and financial products and services, may be expressed on the Site or through the Services, whether by Inspire Energy or its registered Users. The opinions and statements of registered Users constitute User-Provided Content. Inspire Energy can make no claim as to the truthfulness, accuracy, or completeness of opinions and other statements made by registered Users, and under no circumstances will Inspire Energy be liable in any way for any User-Provided Content, including the opinions and statements of registered Users, or for any loss or damage of any kind incurred as a result of the use of, or reliance upon, User-Provided Content.
When you provide Inspire Energy with User-Provided Content via the Site or the Services, You grant to Inspire Energy and its affiliates, representatives, and assigns a non-exclusive, fully-paid, world-wide, transferable, royalty-free license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute, store, transcode, syndicate (including, without limitation, syndication through third-party websites), broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your User-Provided Content (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any of your User-Provided Content. User-Provided Content is available to all Users of the Site and the Services. Inspire Energy reserves the right, in its sole and absolute discretion, to reject, remove or modify any User-Provided Content.
By providing Inspire Energy with User-Provided Content via the Site or the Services you thereby represent and warrant that:
1. you own all rights in your User-Provided Content or, alternatively, you have acquired all necessary rights in your User-Provided Content to enable you to grant to Inspire Energy the rights in your User-Provided Content described herein;
2. you have paid and will continue to pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your User-Provided Content (if applicable);
3. you are the individual pictured or heard in your User-Provided Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears and/or is heard in your User-Provided Content to grant the rights to Inspire Energy described herein;
4. the renewable or alternative energy system, if any, featured or pictured in your User-Provided Content has been installed at your home or place of business, or on one of your properties, or if you are a Third Party Vendor you have secured the permission of the owner of the system that is featured or pictured in your User-Provided Content, and you are in a position to provide User-Provided Content relating to such system;
5. you will make all relevant permissions relating to the User-Provided Content available to Inspire Energy upon request;
6. your User-Provided Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third-party; and
7. you agree to keep all records necessary to establish that your User-Provided Content does not violate any of the foregoing representations and warranties, and to make such records available to Inspire Energy upon Inspire Energy’s request.
Inspire Energy intends that the information contained in the Site and the Services be accurate and reliable; however, errors do sometimes occur. In addition, Inspire Energy may make changes and improvements to the information provided herein at any time. Under no circumstances will Inspire Energy be liable for any loss or damage caused by your reliance on information obtained through the Site or the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site or the Services.
As a condition for using the Site and/or the Services, you agree to indemnify Inspire Energy and its Third-Party Vendors from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Site and/or the Services including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
Inspire Energy is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control, or for any errors or delays in responding to a request or referral form submitted to any third-party, including Third-Party Vendors.