ONTILITY.com, ONTILITY LLC and its subsidiaries and affiliates (collectively "ONTILITY") require that all visitors to our web site(s) ("Site") read and agree to the following rules and regulations and other applicable laws. By proceeding and accessing the Site, you indicate your acknowledgement and acceptance, without limitation or qualification, of these binding terms and conditions. If you do not agree to these terms and conditions, please do not use this Site. Those who choose to access this Site from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if, and to the extent, local laws are applicable.
The entire content included in this Site, including, but not limited to text, graphics, audio, video, or code is copyrighted as a collective work under the United States copyright laws, international conventions and treaties, and other copyright laws, and is the property of ONTILITY. The collective work may include works that are licensed to ONTILITY. With exception to the sub-site of this Site for the permitted commercial download of the ONTILITY corporate brochure and authorized photographs (which sub-site has its own terms and conditions of use that are specific to that sub-site), permission is hereby granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with ONTILITY or purchasing ONTILITY products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download, or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with ONTILITY or to purchase ONTILITY products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this Site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
All trademarks, service marks, word marks, and trade names (collectively "Marks") of ONTILITY used on this Site (including but not limited to the "ONTILITY" name are trademarks or registered trademarks of ONTILITY LLC. By using ONTILITY's Marks on this Site, ONTILITY is not granting you any license to utilize the proprietary Marks. Any unauthorized use of the Marks may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. The use of ONTILITY trademarks on any other website or network computer environment, without the express written consent of ONTILITY, is strictly prohibited.
Payment Terms, Extended Credit, and Rebate Policy
Ontility offers standard credit terms of Net 30, and requires the submission of a credit application and is subject to credit review and approval. Accounts approved with Net 30 terms that pay by the due date will incur no interest fees. Past due accounts will incur late fees of 1% per month on the entire unpaid balance.
Extended payment terms are available as approved through our credit review process addressed above. Accounts with extended payment terms will incur an interest rate of 1% per month for the balance outstanding after the initial 30 days.
Ontility offers a rebate assignment program in which the customer may assign rebates directly to Ontility in exchange for extended payment terms on a per project basis. Rebates must be assigned to Ontility, and an assignment letter from the rebate organization on file (or a rebate agreement in place) in order for extended terms to be recognized on the project. Purchaser agrees to guarantee the rebate amount in full. If the rebate is not assigned to Ontility or is not approved by the utility for any reason, the purchaser will be responsible for payment of the project to Ontility. In cases in which there is a discrepancy or difference in the amount of the project, the purchaser agrees to guarantee and pay Ontility for any balance remaining. Assigned rebates where payment is received within 90 days of the invoice date will incur no interest charges. For assigned rebates where payment is received after 90 days, the balances outstanding will incur 1% interest per month. Any rebate payments that are not received by Ontility within 120 days from the invoice date will become due in full and payable immediately to Ontility by the purchaser for the balance outstanding including all interest charges.
Disclaimer and Limitation of Liability
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONTILITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ONTILITY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ONTILITY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. ONTILITY SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF ONTILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold ONTILITY and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent (collectively "Indemnified Parties") harmless from and against any and all liability, costs, losses, expenses, damages (including, without limitation, attorney's fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants, including negligent or wrongful conduct. You will cooperate as fully as reasonably required in ONTILITY's defense of any claim. ONTILITY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the express written consent of ONTILITY.
In an effort to provide you with a valuable Site, ONTILITY may choose various third-party web sites to link to from its own Site. However, even if the third-party is affiliated with ONTILITY, ONTILITY has no control over these linked web sites, each of which may have their own privacy and data collection policies independent of ONTILITY. ONTILITY has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked web sites are only for your convenience, and therefore, you access them at your own risk.
In the event a ONTILITY product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, ONTILITY shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. ONTILITY shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has already been charged. If your credit card has already been charged for the purchase and you order is cancelled, ONTILITY shall issue a credit to your credit card account in the amount of the incorrect price.
Availability of Products
The products and services displayed on the Site may not be available for purchase in you particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with your local authorized ONTILITY representative for the availability and price of specific products and services in your area.
This Site may contain contests or sweepstakes that require you to submit material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you may enter.
Term and Termination
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration, survey, contest or shopping process. These Terms and Conditions of Use or any of them individually, may be terminated by ONTILITY without notice at any time for any reason. The provisions relating to Copyright, Trademark, Disclaimer, and Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination. ONTILITY reserves the right to add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any other terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of these changes as well as all other terms and conditions. ONTILITY may add, change, discontinue, remove, or suspend any other content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
ONTILITY may deliver notice to you by means of email, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in ONTILITY's account information.
Your use of this Site shall be governed in all respects by and construed in accordance with the laws of the State of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of ONTILITY products) shall be in the state or federal courts located in Harris County, Texas. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of ONTILITY products) must be commenced within one (1) year after the claim or cause of action arises. ONTILITY's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ONTILITY may assign its rights and duties under this Agreement to any party at any time without notice to you. If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.
Use of Site
As long as you comply with these Terms and Conditions of Use, ONTILITY grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site for your own non-commercial use. You agree not to interrupt or attempt to interrupt the operation of this Site in any manner.