DoingABitBetter.com General Terms of Service
DoingAbitBetter.com (the “Site”) is provided as a service of Oōtem, Inc. Collectively, DoingAbitBetter.com and Oōtem, Inc. are referred to as the “Company”. All users of the Site (each, a “User”), including, but not limited to, vendors who request an Account (“Account” or “Accounts”) are subject to the following terms of service (“Terms of Service”).
The Company reserves the right to update and change the Terms of Service from time to time without notice. Any features added to the current Accounts, including the release of new tools and resources (the “Changes”), shall be subject to the Terms of Service. Continued use of an Account after any Changes shall constitute consent to such Changes.
The Site acts as an online source for green products, services, and brands, and as a source for residential and commercial customers seeking qualified solar installers and vendors to find and transact with certain third-party solar installers and vendors (each, a “Vendor”) who have registered with and paid a fee to the Company. The Company does not sell any products or provide any installation services and is not a party to any transaction you may make with a Vendor. The Company is not a party to any agreement a party may make with a Vendor with regard to any product or service offered by such Vendor. Any information a party provides to a Vendor in connection with an inquiry for a product or service remains with that Vendor.
The Company does not sell or license any of the products listed on the Site and does not act as an agent of sale or an agent of any merchant or provider of products or services. The Company does not have and will not assume any responsibility for, or liability related to, any products and services listed on the Site. You should direct any questions, complaints or claims related to any product or service to the appropriate Vendor.
The Company does not warrant that products or descriptions, or any other content of the Site is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and the Company shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the Site. The Company is not responsible or liable for any products, services, information or other materials displayed, purchased, or obtained by you from the Site. The Company does not endorse, warrant or guarantee the products or services of any Vendor, including, without limitations, any prices, products and product warranties, programs, installation services, or other information posted by Vendors.
The Company is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. The Company is not liable for any acts or omission of acts of any Vendor on the Site. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the products or services provided to you by a Vendor.
Any information on the Site can change without notice.
The Company assumes no liability, obligation or responsibility in connection with any transactions between a party and any Vendors. If you have a dispute with a Vendor or any third party, you release the Company (and its agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
Links to Other Websites
This Site may provide links to third-party websites (“Third-Party Websites”). This Terms of Service Agreement governs only this Site and not any Third-Party Websites. The Company’s decision to link to a Third-Party Website is not an endorsement of the content or services in that linked Third-Party Website. The Company does not own or operate the Third-Party Websites, and it has not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Websites. The Company expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Websites. If you decide to access linked Third-Party Websites, you do so at your own risk.
The Company reserves the right, and the Users agree, that any information provided to the Company may be used by the Company for promotional uses. External search engines may also index such Public information.
Use of the Site does not grant a User a license to any software contained in, or used by, the Site. Users agree not to, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at, or through, the Site or any software, documentation, or data related to the Site (“Software”); remove any proprietary notices or labels from the Site or any Software, modify, translate, or create derivative works based on the Site or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site or any Software. The Site shall be used for a User’s business purposes only and a User shall not use the Site or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If a User is using the Site in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect a Users rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
Intellectual Property Rights
The Users acknowledge and agree that any and all Company or Vendor names and logos related to the Site and the Company or Vendor and all related product and service names, design marks and slogans, are the property of the Company, the Vendor or their affiliates or suppliers, as the case may be (collectively, the “Marks”). By agreeing to these Terms of Service, the Users agree not to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of the Company or the applicable Vendor. The Users have no title or ownership in the Site, the Software or the Marks (other than their own Mark) and no other rights in the Site, the Software or the Marks. All ownership rights remain in the Company, the Vendor or their third party suppliers, as the case may be. The Users agree to comply with all intellectual property laws and shall not encumber any interest in, or assert any rights to, the Marks (other than their own). The User may not reverse engineer, reverse assemble, decompile or disassemble, reproduce, modify, transmit, participate in the sale or transfer of, or create derivative works based on any Marks, in whole or in part.
You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Site, the violation of this Agreement by you, or the infringement by you, or other User of the Site using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. The Company assumes no responsibility or liability whatsoever for such content or actions.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE SITE, INCLUDING ANY SOFTWARE, MATERIALS, CONTENT, PRODUCTS AND/OR SERVICES PROVIDED OR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE AND THE RESOURCES, MATERIALS, CONTENT AND SOFTWARE PROVIDED THEREIN. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING THIS WEBSITE.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF THE COMPANY, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE COMPANY PARTIES WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER(S) ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU.
NONE OF THE COMPANY PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THIS SITE AND ANY OF THE INFORMATION, SOFTWARE AND OTHER MATERIALS THEREIN, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, SOFTWARE, MATERIALS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIALS AND/OR DATA.
The Users expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of the Users’ transmissions or data; or (iv) statements or conduct of any third party on the service. In the event that notwithstanding the foregoing, the Company is found liable to a User for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of the Company to the User will be limited to the amount that the User paid for the use of the Site.
The User agrees that their use of the Site is at their sole risk. The service is provided on an “as is” and “as available” basis.
The User must not modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site, the Company, or any other Company service.
The User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site without the express written permission of the Company.
The User must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
The User must not transmit any worms or viruses or any code of a destructive nature.
The Company does not warrant that (i) the Site will meet the User’s specific requirements, (ii) the Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by the Users through the Site will meet their expectations, and (v) any errors in the Site will be corrected.
The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between the Users and the Company and govern the use of the Accounts, superseding any prior agreements between the Users and the Company (including, but not limited to, any prior versions of the Terms of Service).
Unless otherwise provided, the Terms of Service shall be governed by the laws of the State of California without effect to its conflict of laws provisions.
Claims, disputes or other matters in question between the parties to the Terms of Service arising out of or relating to the Terms of Service or breach thereof shall be subject to and decided by binding arbitration in accordance with the rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. No arbitration arising out of or relating to the Terms of Service shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to the Terms of Service, except by written consent of the Users, the Company and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. The agreement to arbitrate shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. The award rendered by the arbitrator or arbitrators shall be binding and final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The parties agree that in the event any such dispute proceeds to arbitration, the prevailing party will be entitled to recover, as part of the arbitration award, its reasonable attorneys’ fees and costs incurred in the arbitration, at the discretion of the arbitrator. Said arbitration shall be held in San Fracisco, California, unless a different location is agreed to in writing by all parties.
If any term of the Terms of Service is deemed unenforceable or invalid by a tribunal with valid jurisdiction then the finding of unenforceability or invalidity of that part shall not affect the remaining portions of the Terms of Service which shall remain in fall force and effect.
The Terms of Service and all of its terms and provisions are binding upon the heirs and personal representatives of the Users and the successors and assignees of the Company; provided, however, no assignment by the Users of their rights and/or interests in and to these Terms of Service shall be permitted without the prior written consent of the Company.
Questions about the Terms of Service should be sent to Letschat@doingabitbetter.com