PEAK DESIGNS LLC

Website Terms and Conditions of Use

Acceptance of These Terms

These Website Terms and Conditions of Use (these “Terms”) govern your access to and use of peaksolardesigns.com and any related web pages, online forms, calculators, and content (collectively, the “Website”) operated by Peak Designs LLC, dba Peak Solar Designs (“Peak Designs,” the “Company,” “we,” “us,” or “our”). By accessing or using the Website, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Website.

You must be at least 18 years old to use the Website or submit information through it.

Changes to These Terms

We may revise these Terms at any time by posting the updated version on the Website. Changes are effective when posted. Your continued use of the Website after changes are posted means you accept the revised Terms.

Informational Purposes Only

Content on the Website, including descriptions of solar energy systems, equipment, services, pricing, promotions, financing options, energy production estimates, savings estimates, and information about tax credits, rebates, and other incentives, is provided for general informational purposes only. It does not constitute tax, legal, financial, or engineering advice. You should consult your own tax, legal, and financial advisors before making any decision based on information on the Website.

Estimates, Quotes, and Incentives

No binding offer. Prices, promotions, quotes, and estimates shown on or generated through the Website are not offers to sell and are not binding. Any purchase, lease, installation, or service is governed solely by a written agreement signed by you and Peak Designs following a site assessment.
Production and savings estimates. Any estimate of energy production, utility savings, or payback period is a projection only. Actual results depend on factors outside our control, including weather, shading, roof orientation and condition, equipment performance, energy usage, utility rates and rate structures, and net metering and interconnection policies.
Tax credits and incentives. Federal, state, local, and utility incentives are subject to change, availability, funding limits, and individual eligibility. We do not guarantee that you will qualify for or receive any tax credit, rebate, or incentive. Consult a qualified tax advisor regarding your eligibility.
Financing. Any financing, loan, lease, or power purchase arrangement referenced on the Website may be provided by third-party financing providers, is subject to credit approval and the provider’s terms, and may not be available in all areas.

Customer Agreements Control

Product warranties, workmanship warranties, installation terms, service terms, cancellation rights, and all other terms of any sale, lease, installation, or service are set forth exclusively in your written customer agreement and related documents. If these Terms conflict with your customer agreement, your customer agreement controls. Nothing in these Terms limits any right you have under your customer agreement or under applicable consumer protection law.

Information You Submit

When you submit information through the Website, including through quote requests, contact forms, or employment applications, you represent that the information is accurate, current, and complete and that you are authorized to provide it, including any information about the property identified in your request. Our collection and use of personal information is described in our Privacy Policy.

By submitting your telephone number and checking the applicable consent box, you agree that Peak Designs may contact you at that number about your inquiry, including by calls and text messages, as described in the consent language presented at the time of submission. Consent is not a condition of purchase. Message and data rates may apply. You may opt out at any time by replying “STOP” to a text message or by contacting us.

Intellectual Property

The Website and its content, including text, graphics, photographs, designs, logos, the names “Peak Designs” and “Peak Solar Designs,” software, and the selection and arrangement of content, are owned by or licensed to Peak Designs and are protected by copyright, trademark, and other intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Website for your personal, non-commercial use. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any Website content without our prior written consent.

Acceptable Use

You agree not to:

To respond to your inquiries and communicate with you;
Use the Website for any unlawful, fraudulent, or harmful purpose;
Submit false, misleading, or another person’s information;
Attempt to gain unauthorized access to the Website, its servers, or any connected systems;
Introduce viruses, malware, or other harmful code;
Use any robot, scraper, or other automated means to access or collect data from the Website;
Interfere with or disrupt the operation of the Website; or
Use the Website to send unsolicited communications or advertising.

Testimonials and Reviews

Customer testimonials, reviews, and project examples on the Website reflect the experiences of particular customers and are not a guarantee that you will achieve the same results. Results vary based on individual circumstances.

Third-Party Links and Services

The Website may contain links to, or tools provided by, third parties, such as equipment manufacturers, financing providers, utilities, government agencies, and review platforms. We do not control and are not responsible for third-party websites, content, products, services, or privacy practices. Your use of third-party sites and services is at your own risk and subject to their terms.

Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT ITS CONTENT IS COMPLETE OR CURRENT. THIS DISCLAIMER APPLIES ONLY TO THE WEBSITE AND DOES NOT AFFECT ANY WARRANTY PROVIDED IN YOUR WRITTEN CUSTOMER AGREEMENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PEAK DESIGNS AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR SAVINGS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR RELIANCE ON ITS CONTENT. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THIS SECTION DOES NOT LIMIT LIABILITY UNDER ANY WRITTEN CUSTOMER AGREEMENT OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify and hold harmless Peak Designs and its members, managers, employees, and agents from any claims, losses, liabilities, damages, and expenses, including reasonable attorney fees, arising out of your violation of these Terms or your misuse of the Website.

Governing Law and Venue

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Website must be brought exclusively in the state or federal courts located in Chaffee County, Colorado, and you consent to the personal jurisdiction of those courts. Disputes relating to a purchase, lease, installation, or service are governed by the dispute resolution provisions of your customer agreement.

Termination of Access

We may suspend or terminate your access to the Website at any time, without notice, for any conduct that we believe violates these Terms or is harmful to us or others.

General Provisions

These Terms, together with our Privacy Policy, are the entire agreement between you and Peak Designs regarding the Website. If any provision is found unenforceable, the remaining provisions remain in full effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them without restriction. Section headings are for convenience only.

Questions about these Terms may be directed to Peak Designs LLC, 58 Jones Avenue, Unit A, Salida, CO 81201, or at [email protected].