Last Update: 2023-06-09
This Agreement includes a provision in which you and we agree to resolve all claims between us through a binding arbitration. You also agree to a limitation of your right to participate in any Class Action case that may be brought in which we are a named party. It is important that you review these provisions and the entire agreement carefully.
1. SERVICES AND USER AGREEMENT
WE ARE NOT RESPONSIBLE FOR ANY COMMUNICATIONS, AGREEMENTS OR ACTIONS WITH THIRD PARTY PROVIDERS. PLEASE CAREFULLY REVIEW ANY AGREEMENTS THIRD PARTIES PROVIDE TO YOU AND UNDERSTAND WHAT YOU ARE AGREEING TO RECEIVE AND THE COSTS OF SUCH SERVICES AND PRODUCTS.
REMEMBER WE DO NOT REPRESENT ALL SOLAR SYSTEM PROVIDERS WHO MAY BE ABLE TO ASSIST YOU. THE THIRD PARTY PROVIDER YOU ARE REFERRED TO IS BASED UPON THE INFORMATION YOU PROVIDE AND WHERE THAT THIRD PARTY PROVIDER IS RANKED IN OUR SYSTEM. THE HIGHER THE FEE WE RECEIVE FROM THE THIRD PARTY PROVIDER THE HIGHER RANKED THAT THIRD PARTY PROVIDER MAY BE. NOT ALL THIRD PARTY PROVIDERS WILL BE ABLE TO ASSIST YOU.
Please note we are not acting as your or the third party provider’s agent. In all instances, we may receive a fee from the third party provider for providing your registration to them. We do not charge you a fee to use our Website or Service. However, you agree that we shall not be liable for any claims, damages or costs of any type which arise out of or in connection with your use of the third party providers’ products and services.
2. INTELLECTUAL PROPERTY RIGHTS
Our Website and the content on the Website including the trademarks, service marks, and logos are owned by or licensed to us and are subject to copyright and other intellectual property rights under applicable U.S. laws and international conventions. We reserve all rights not expressly granted under this Agreement or any separate written agreement in and to our Website and the underlying technology running the Website, data systems, content and service marks. You may download or print a copy of the materials on our Website for your own personal use, but you must retain all copyright, trademark and other proprietary notices contained in and on the Website. You may not use the materials for any purpose that is commercial in nature. You agree that you will not circumvent, disable or otherwise interfere with security related features or features that prevent or restrict use or copying of any of our Website.
4. RELATIONSHIP WITH THIRD PARTY PROVIDERS.
Except as set out in this Agreement, we are not affiliated with any of the third party providers. The relationship between us and them is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between us and the Third party providers, and we have no authority to contract for or bind the third party provider in any manner whatsoever.
We do not own or operate the third party providers, their website or business model. We have not reviewed their marketing materials, products, or services. We have no role in financing by the third party providers. Their availability through us does not represent, warrant or imply that we endorse any third party provider or any materials, opinions, goods, financing agreement, or services available by them.
5. LINKED WEBSITES.
If you are able to link to a third party’ website (“Linked Website”) from our Website, you understand that such Linked Website is not reviewed, controlled or examined by us in any way, and we are not responsible for the content, availability, advertising, products or other materials of any such Linked Website, or any additional links contained therein. Except as otherwise noted on our Website, these links do not imply that we endorse them or have any association with the Linked Website other than that of a marketing agency wherein the Linked Website may pay a fee for an action taken by you. Linking to a third party website is at your own risk. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Website, the Linked Website itself, your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Website. Please direct any concerns to the Linked Website’s administrator or webmaster. We reserve the exclusive right, in our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Website from our Website and/or introduce different features or links.
6. PROHIBITED USER CONDUCT.
You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying our Website or any Linked Website. You are prohibited from accessing or attempting to access restricted areas of our Website or any other user's information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.
You are prohibited from using any data, content, and any information provided or used on our Website, as well as your use of our Website and Services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of our Website; use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under this Agreement without our prior express written authorization. You are prohibited from modifying, publishing, transmitting, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Website content; or except as otherwise expressly permitted on the Website, use any information you may obtain from our Website (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.
7. DISCLAIMER OF WARRANTIES.
OUR WEBSITE AND SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WEBSITE, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WEBSITE DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in connection with the Website or the products or services provided on or through the Website, or by any technical or human error which may occur in the processing of information received by Website. We assume no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Website. We are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or third party providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of our Website or Services.
8. LIMITATION OF LIABILITY.
IN NO EVENT WILL WE, OUR PARENT COMPANY, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, PROVIDERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE OUR WEBSITE, ITS CONTENT OR OUR SERVICES, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF OUR WEBSITE OR ITS CONTENT OR OUR SERVICES.
9. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. MONITORING WEBSITE USAGE.
You explicitly agree that we may electronically monitor our Website and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate our Website or provide Services; or (iii) to protect our Website, our rights or the rights of other users, sponsors, third party providers, licensors, or merchants. You further agree that we may use any technology available to us to monitor your path through our Website as well as delivery from and to third party websites. Such monitoring is necessary to ensure functionality of our Website and links as well as payment tracking between certain parties.
You agree to defend, indemnify and hold us, our parent company, subsidiaries, partners, agents, affiliates, licensors, third party providers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, in connection with or as a result of your improper or deceptive use our Website, its Content or our Services, including falsifying any information provided by you through our Website, or any violation of this Agreement by you.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE US, OUR THIRD PARTY PROVIDERS, AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE. YOU ALSO AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES; “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
13. DEALINGS WITH THIRD PARTIES.
Your interaction or business dealings with any third parties, including third party providers as a result of your use of our Website and participation in our Service, including, but not limited to, business dealings with third party providers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party or third party provider. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of any link through to such third party on our Website.
14. DISPUTE RESOLUTION – CLASS ACTION LIMITATION.
AS STATED ABOVE, YOU AND WE AGREE ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION. YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH THIS WEBSITE.
You and we agree this Agreement will be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement, our Website and Services and/or third party provider, including interpretation, performance, or breach, that are not resolved by informal negotiation within thirty (30) days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in Los Angeles, California. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys’ fees (including fees for the value of services provided by in house Provider) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of California, Los Angeles County, or the United States District Court for the Central District of California.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WEBSITE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WEBSITE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
15. GENERAL TERMS
16. STATUTE OF LIMITATIONS.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF OUR WEBSITE, SERVICE OR THESE TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
17. CONTACT US
To contact us, please use our Contact Us Form.
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