TERMS OF SERVICE

Integral Energy Systems (“IES”) is you have viewed our website. The terms and conditions below apply to your use of the website, including any downloaded content, so please read them carefully. By using this site you are accepting these terms and conditions in their entirety without modification.

Ownership and Agreement To Be Bound. This website belongs to IES.  We recommend frequent visitation of this page as IES may, in its sole discretion and at any time, modify or discontinue this website, or portion of it including these Terms of Use. Your use of this website constitutes your agreement with IES to be bound by, and to act in accordance with, the then-current Terms of Use.

Copyright. IES owns the copyright for all of the material on this website or has a valid right from a third party to use such material. All content is protected by United States and international copyright laws, and IES requires prior written permission to be given by an officer of the Company before any distribution or publication of any content on this site is allowed. The entire contents of this website are Copyright © 2010 by Integral Energy Systems LLC. All rights reserved.

Trademarks. IES also owns or has a valid right to use all trademarks, service marks, and trade names used on this website. All names of products, services, and their related slogans and logos are trademarks of IES in the United States and abroad. IES is registered trademarks of IES Solar, LLC. in the United States. IES prohibits the use any of these trademarks without prior written consent from an IES corporate officer. These pages also contain other marks, names or logos owned by third parties. Use of such non-IES trademarks, trade names, product names and logos, including images, neither constitutes a third-party’s endorsement of IES or its products, nor constitutes IES’s endorsement of that company or its products.

Use of Site Materials. No part of this website may be used, copied, reproduced, republished, uploaded, downloaded, posted, displayed, performed, licensed, transmitted, or distributed in any way unless such use is solely for a non-commercial purpose and the IES Solar, LLC. trademark and copyright symbol and statement appear on each page without modification to the page’s content. The limited rights IES is granting in this section constitute a license only, and IES reserves the right, at anytime, to revoke any such authorization to use, view, download and print any portion of such content or the entirety thereof. In such event, the user will cease all use immediately upon receipt of written notice from IES. Any rights not expressly granted herein are reserved by IES, meaning that your use of the trademarks, service marks and trade names on this website in any manner other than as authorized in these Terms of Use, or as authorized in writing by IES, is strictly prohibited. Such unauthorized use may break copyright, trademark, privacy and publicity laws, as well as defy communications regulations and statutes.

Downloaded Software. If you download software from this website, the software and all files, images and data relating to the software will be licensed to you by IES for the limited purpose outlined above. You do not own the downloaded software, and IES does not transfer ownership of the Software to you. IES retains full ownership of and title to the downloaded software and all intellectual property rights related to the software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form. Software downloaded from this website is subject to United States export control laws. If you download software from this website, you represent and warrant to IES that you are not acting in violation of those laws.

Submissions. All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to IES through this website will become and remain the exclusive property of IES, including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge IES’s unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means IES has no obligation to keep your submissions confidential.

Geographic Scope of Site. IES controls and operates this website from within the United States of America. Unless otherwise specified on or by this website, this website is intended to promote only those IES products and services that are sold by IES in the United States and its territories, and IES makes no representation that materials in this website or the products described thereby are appropriate or available for use in other locations. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.

Links to Other Sites. For your convenience and enjoyment, this website may provide links to other websites on the World Wide Web that are not operated by IES. These links do not mean that IES endorses, approves or sponsors any information available at the linked site or any products that may be sold there, nor is IES liable for any damage that might result from your use of such information or products. IES is not responsible for webcasting or any other form of transmission received from any linked site. IES is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by IES to the linked site or any products or services, which may be offered there.

Solar Calculator (Savings Calculator). The solar savings calculator portion of the website exists to provide potential customers with estimated information for their individual reference.  The returns, prices, rebate information, and any other information displayed or not displayed are for reference purposes only.  Actual quotes and proposals will only be offered from designated sales consultants from in-home solar evaluations or direct communications via personal email.  Information such as print outs, screen-shots, or any other references to the data from the savings calculator will not be honored by IES in any official or contractual manner.  Due to dynamic forces in the solar energy industry, IES can not confirm any data derived from the tool.  Call for up to date and accurate pricing information.

Contents of the Website — Limitation of Liability. THE MATERIALS IN THIS WEBSITE (LLCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, LLCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IES NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS WEBSITE COULD LLCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. IES UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

UNDER NO CIRCUMSTANCES SHALL IES BE LIABLE FOR ANY DAMAGES OR INJURY, LLCLUDING ANY DIRECT, SPECIAL, LLCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, SUCH AS LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, THAT MAY RESULT FROM THE USE OF, INABILITY TO USE, OR RELIANCE ON THE WEBSITE OR ANY MATERIALS IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR INFORMATION AVAILABLE IN THE WEBSITE. IES SHALL NOT BE LIABLE EVEN IF IES OR AN IES AUTHORIZED REPRESENTATIVE OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION: APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LLCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE STATES, TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS.

Legal Disclaimer — Forward-Looking Statements. All materials on this website are historical in nature and constitute forward-looking statements within the meaning of the Safe Harbor Provisions of the Private Securities Litigation Reform Act of 1995. Statements on this website may change over time; therefore, you should not assume that information displayed on this website remains accurate at a later time. These statements are subject to risks and uncertainties that cannot be predicted or quantified and consequently, actual results may differ materially from those expressed or implied by such forward-looking statements. Forward-looking statements can be identified by the use of words such as “expects,” “plans,” “will,” “may,” “anticipates,” “believes,” “should,” “intends,” “estimates,” and the negative of these terms or other words of similar meaning. Please remember that forward-looking statements include risks and uncertainties such as, without limitation, risks associated with the uncertainty of future financial results, additional financing requirements, development of new products, the effectiveness, profitability, and marketability of such products, the ability to protect proprietary information, the impact of current, pending, or future legislation and regulation on the industry, the impact of competitive products or pricing, technological changes, the ability to identify and successfully acquire, integrate and manage client accounts and locations and deliver our services to customers of businesses and accounts acquired from third parties, the effect of general economic and business conditions, and other risk factors. All materials on this website are accurate only as of the date of the relevant document, and IES assumes no obligation to update any such forward-looking statements. Do not unduly rely on these forward-looking statements.

Applicable Law; Jurisdiction. These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principle. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state courts of California in Santa Clara County or the United States District Court for the Northern District of California, San Jose, and you hereby accept and submit to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

Severability. If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No Waiver. No failure on the part of IES to enforce any part of these Terms of Use shall constitute a waiver of any of IES’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by IES nor the reliance of any person on IES’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by a corporate officer of IES shall have any legal effect whatsoever.

No Legal Effect. The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Unlawful Use. By visiting this website, you agree that you will not use this site or its contents for a purpose that is unlawful or prohibited by the Terms of Use. If you violate these terms of use, IES reserves the right to seek all remedies available.