Effective date: [May 30, 2020]

Welcome to Kupono Solar and thank you for visiting kuponosolar.com (Site). This Site is owned and operated by Bright Canyon Energy Corporation (Bright Canyon). Please direct any questions or comments you have concerning the Site or this Agreement to kuponosolar@brightcanyonenergy.com; or Bright Canyon Energy, One Arizona Center, 400 East Van Buren Street, Suite 350, Phoenix, AZ 85004. These Terms of Use (Agreement) contain the terms and conditions that govern your use of this Site. Bright Canyon reserves the right to change this Agreement at any time, without notice or liability, by updating the posting of this Agreement on this Site.

Please read this agreement carefully before you enter the site. By using this Site, you agree to be legally bound by the terms and conditions of this Agreement current at the time of your use. Therefore, you should periodically review this Agreement. If you do not wish to be bound by this Agreement, you may not use this Site.

The word "Content" as used in this Agreement means any and all information, data, software, content, materials, documents, text, photographs, audio, video, sounds, music, illustrations, graphics, logos, functions, processes and the like that are available on, in or through this Site.

Disclaimers and Limitation of Damages

All content on this site is provided on an "as is", "as available" basis without any warranty whatsoever.

As to the content and operation of this site, and any goods and services obtained through third parties referenced or made available on or through this site, bright canyon hereby disclaims all warranties, express, implied or statutory, or arising from custom or trade, including without limitation the implied warranties of merchantability, fitness for a particular purpose, suitability, accuracy, completeness, non-infringement of third party rights and title. customer shall hold bright canyon harmeless and indemnify Bright Canyon for any and all third party claims arising out of or resulting from their use of any goods or services obtained from third party referrals or made available through this site.

Bright Canyon does not warrant that the content and operation of this site will be uninterrupted or error free, that defects will be corrected or that this site, its content or any server used to operate this site are free from viruses or other harmful components.

To the maximum extent permitted by applicable law, in no event shall bright canyon, its parent, subsidiary and affiliate companies, be liable for any damages (whether direct, indirect, punitive, incidental, special, consequential or otherwise, or whether resulting from tort, contract or other theories of law) in connection with, or in anyway arising out of, the use or inability to use this site, its content, or any goods or services obtained through third parties referenced or made available on or through this site, even if Bright Canyon is advised of the possibility thereof.

If you become dissatisfied with this site, or the terms, conditions or policies governing this site, your sole remedy is to discontinue using this site.

Some jurisdictions do not allow the exclusion of implied warranties, or consequential or incidental damages, so portions of the above exclusions may not apply to you.

Notwithstanding the foregoing, in no event shall the total liability of bright canyon, its parent, subsidiaries, affiliates, employees, agents, insurers, licensors, or third party providers of content, goods or services, for all damages, losses and causes of action arising out of use of this site, whether in contract, tort, including negligence, or otherwise, either jointly or severally, exceed the dollar amount of one hundred dollars ($100). the foregoing provisions of this section are for the benefit of bright canyon, its parent, subsidiaries, affiliates, employees, agents, insurers, licensors, and third party providers of content, goods or services, and each shall have the right to assert and enforce the provisions directly on their own behalf.

Rights in Content

Unless otherwise indicated in the Site, all Content is the property of, or licensed to, Bright Canyon and is protected under U.S. and foreign copyright, trademark and other intellectual property laws. Other than as stated in this Agreement, use of the Site is not a grant, nor shall it be construed as a grant by implication or estoppel, of a license or any other right to the Content.

Unless otherwise indicated in this Site, Bright Canyon grants you the limited right to display the visual Content only on your computer screen, play the audio Content through your computer's audio components, copy the Content to the limited extent necessary for such display, and, on an occasional basis, to print and store the visual Content for your personal, noncommercial use, provided that all copyright notices located on the visual Content appear on the printed and stored versions. This limited right automatically terminates without notice to you if you breach this Agreement. Bright Canyon reserves all rights and title to all Content, including that which is copied, printed or displayed.

Framing, Copying, Distributing and Linking restrictions

Other than as stated in this Agreement, you may not copy, modify, frame, mirror, or distribute the Content in any form (including by email or by incorporating it in another website) without written permission from Bright Canyon. Bright Canyon encourages you instead to tell others about the Site and direct them to the Site.

Commercial use, broadcasting or otherwise disseminating any Content in any media, without the prior written consent of Bright Canyon, is strictly prohibited. For example, you may not post any Content from the Site to news groups, list serves or electronic bulletin boards, or copy, transcribe, redistribute, retransmit or rebroadcast any webcasts or other audio Content, in all or in part. Bright Canyon reserves the right to restrict access to this Site and add, discontinue or modify any authorizations to use the Site.

You may create a hypertext link to the home page of this Site provided you do not state or imply that Bright Canyon sponsors or endorses your site. Please send Bright Canyon prior written notification of your intention to link to our Site. Links to pages in this Site other than to the home page (otherwise known as deep-linking) require Bright Canyon’s written permission.

Personal Information and Security

Personal information you enter in this Site is governed by Bright Canyon’s Privacy Policy. By use of this Site, you acknowledge that you have read and agree to this Privacy Policy. Because the standards and laws regarding privacy are evolving, Bright Canyon may change the Privacy Policy at any time without notice or obligation. You should therefore periodically review the privacy policy.

Bright Canyon takes reasonable steps to protect your personal information from unauthorized parties by using secure servers when dealing with such information. However, technology is not fail proof. It may be possible for an unauthorized person to gain access to your information notwithstanding the use of a secure server. Therefore, please note that you enter information in this Site at your own risk.

Age Restrictions

The Site is intended only for, and may only be accessed by, persons 18 years of age and older.

Links to Other Sites (Third Party Sites)

There may be links on our Site that take you to websites that are not owned and operated by Bright Canyon, but are owned and operated by third parties (Third Party Sites). Bright Canyon is not an agent, partner, sales representative or distributor for the owners or operators of these Third Party Sites.

When you visit Third Party Sites, you will be subject to the privacy policy and terms of use that are posted on that Third Party Site. We encourage you to review the Third Party Site's privacy policy and terms of use whenever you visit these sites.

Although these Third Party Sites offer content, goods or services (Third Party Goods and Services) that we believe may be of value to Site users, Bright Canyon provides these links only as a convenience and Bright Canyon’s inclusion of a link to a Third Party Site does not imply Bright Canyon’s endorsement of that Third Party Site, or the Third Party Goods and Services. Bright Canyon reserves the right to change or discontinue, without prior notice, any link or program it has with such Third Party Sites.

The purchase of any Third Party Goods and Services arising from or related to your visit to any Third Party Site is solely between you and the third party owning or operating the Third Party Site, and Bright Canyon shall have no obligation regarding any such transaction. Bright Canyon does not represent or warrant the correctness, validity, accuracy, or reliability of any Third Party Sites or Third Party Goods and Services. You bear all risks and responsibilities associated with your use of Third Party Sites and Third Party Goods and Services, and you agree that Bright Canyon shall not be directly or indirectly liable for any damages that arise from your use of Third Party Sites or Third Party Goods and Services.

Email and Other Information Submissions

While we appreciate receiving email from our Site visitors, please note that information transmitted via email is not secure and will not be treated as confidential. Although Bright Canyon takes reasonable precautions to ensure no viruses are present in emails it sends and receives, we advise you to use up-to-date virus scanning software on your computer to further reduce the risk of encountering a virus. Please note that Bright Canyon accepts no responsibility or liability for any loss or damage arising from the use of email or their attachments, or for any viruses or errors or delays in the contents that result from email transmissions.

Online Conduct

You agree to use this Site only for lawful purposes. As such, you are prohibited from posting on or transmitting through this Site any unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable or illegal material of any kind. If Bright Canyon is notified of any allegedly infringing, defamatory, damaging, illegal, or offensive material provided by you, Bright Canyon may investigate and in its sole discretion remove or request the removal of such material. Bright Canyon may disclose any material or electronic communication of any kind and the sender of such material or communication (a) to satisfy any law, regulation, or government request; (b) if Bright Canyon deems such disclosure necessary or appropriate to operate this Site or Bright Canyon; or (c) to protect the rights or property of Bright Canyon, its parent, subsidiaries, affiliates, suppliers, other Site users or third parties.

Bright Canyon reserves the right to prohibit your conduct, communication, and material on this Site that it deems in its sole discretion to be harmful or that violates any applicable law. Notwithstanding the foregoing, Bright Canyon cannot ensure prompt removal of questionable material after online posting. Accordingly, neither Bright Canyon, nor its parent, subsidiaries, affiliates, officers, directors, employees, suppliers or agents shall assume liability for any action or inaction with respect to conduct, communication, or user material on this Site.

Policy on Infringement Claims

Bright Canyon will process and investigate proper notices of alleged copyright or other intellectual property infringement related to the Content on this Site and will respond in accordance with the applicable laws, regulations and Bright Canyon policies regarding such notices. If you believe that any Content accessible through this Site infringes your copyright, you should send written notice of alleged copyright infringement to Bright Canyon's designated agent for such notices:

Heather Bjella, Esq.
Law Department
Pinnacle West Capital Corporation
Mail Station: 8695
P.O. Box 53999
Phoenix, Arizona 85072-3999
Phone: (602) 250-3616
Fax: (602) 250-3639
Email: LawDept@pinnaclewest.com

Any notice of claimed copyright infringement must satisfy all of the requirements set forth in 17 U.S.C. Section 512(c)(3), including, but not limited to:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bright Canyon to locate the material.
  4. Information reasonably sufficient to permit Bright Canyon to contact you such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Bright Canyon will act expeditiously to remove, or disable access to, the Content claimed to be infringing. Also, Bright Canyon will take reasonable steps to promptly notify the person responsible for the Content that we have removed or have disabled access.

If Bright Canyon receives a sufficient counter notification from the person responsible for the Content you claim is infringing, Bright Canyon will provide you a copy of the counter notification. Also, Bright Canyon will inform you that, in ten (10) business days, Bright Canyon will replace, or cease disabling access to, the material or activity claimed to be infringing unless you first provide Bright Canyon's Designated Agent written notice sufficient to show that you are seeking a court order to restrain the responsible party from engaging in the copyright infringement you believe has occurred on this Site.

Governing Law

Bright Canyon operates this Site from its offices in the state of Arizona, USA. This Agreement is entered into in the State of Arizona and it shall be interpreted, construed and governed by the laws of the State of Arizona, without reference to its laws relating to conflicts of law. Venue for all disputes arising under this Agreement or resulting from a Site visitor's access or use of the Site shall lie exclusively in the State and Federal Courts located in Maricopa County, Arizona, and you hereby consent to the personal jurisdiction of such courts. Any cause of action you may have with respect to this Site, its Content, or any Third Party Goods and Services must be commenced within one (1) year after the claim or cause of action arises.

General Provisions

Bright Canyon's failure to require or enforce strict performance of any term or condition of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of Bright Canyon's right to assert or rely upon any such provision or right in that or any other instance.

In the event any portion of this Agreement (including any portion of any agreement that is referenced by, in or to this Agreement) is found to be illegal or unenforceable, that portion shall be severed from the Agreement, and the remaining terms shall be separately enforced to the maximum extent permissible so as to effect the intent of this Agreement.

Visitors to this Site shall at all times comply with all applicable laws, rules and regulations that may apply to visitor's use of this Site.

Bright Canyon reserves the right to modify or, temporarily or permanently, discontinue this Site with or without notice to you. You agree that Bright Canyon shall not be liable to you or any third party for any damage or loss caused or alleged to be caused by or in connection with the modification or discontinuance of this Site.

Your use of this Site is subject to the additional disclaimers and notices that may appear throughout the Site, and any other agreements between Bright Canyon and you regarding information available on, in or through this Site. This Agreement, including all other documents, disclaimers, agreements and notices referenced herein and in the Site, represent the entire understanding between you and Bright Canyon regarding your use of this Site, and supersedes any prior statements or representations. You agree to be bound to this Agreement by your use of the Site.