[Revised February 23, 2017]
This Agreement contains an agreement to arbitrate all claims, restrict class action participation and disclaimers of warranties and liability.
1. LEGAL AGREEMENT.
We are a referral service, matching consumers with prospective solar providers in your area ("Participating Providers"). To use our service, you must complete the registration form accurately and completely. This includes your name, address, telephone number, and email address. Please remember that you must be 18 years of age to use our services.
Once you submit the registration form, we share that form with Participating Providers and notify them of the types of solar systems you are interested in acquiring. By submitting your registration, you agree that you are requesting a referral for an installer or manufacturer of a solar system for your home. As such, you are expressly requesting the Participating Providers with whom your registration is shared by us to contact you by email, telephone, cell phone and direct mail so that they may assist you in obtaining further information on your solar system. They may also provide information to you about additional services and products they provide.
Please remember that we are not a manufacturer, installer or representative agent of any manufacturer or installer. As such, we do not guarantee acceptance of your request by any particular Participating Provider. All purchase and installation terms and conditions are that that of the Participating Provider. We do not guarantee any product availability, rates, fees, or any other terms offered by the Participating Provider nor do we represent or guarantee that this is the best solar system for you or available in the marketplace. We are not responsible for any errors or delays in providing the Services whether caused by errors in the registration information you provided by any technical problems in our system. You may cancel your request for the referral at any time by sending an email to email@example.com.
We do not expressly or impliedly endorse, warrant or recommend the products or services of any particular Participating Provider. We are not a broker or an agent of you or any Participating Provider. We have no knowledge of or responsibility for the Participating Provider's use and/or review of the registration information you submitted or in making a determination about whether you meet their criteria. The Participating Provider is solely responsible for its services to you, and you agree that we shall not be liable for any damages or costs of any type arising out of or in any way connected with the service and products you enter into with a Participating Provider or your use of our Services. You agree that Participating Providers may keep your registration and the information therein irrespective of whether you qualified or accepted the products or services they offered.
Our website is an online network marketplace our service is free to you. Any compensation we may receive is paid by a Participating Provider for advertising services we provide to them. We reserve the right to change any feature or functions of our Services and Website without prior notice.
Please note that information we provide you either on this Website or by email may not be used as the basis for your decision to accept any services or products from a Participating Provider. Such services and products may not meet your particular needs. Please seek the advice of an appropriate professional for an assessment of the product and services provided by the Participating Provider.
<4>3. REJECTION, CANCELLATION, TERMINATION OR CHANGES TO WEBSITE.4>
We reserve the right to reject your registration or request at any time for any reason. Upon registration we reserve the right to cancel your current or future participation in our referral services at any time for any reason. We further reserve the right to change any information, feature or functions of our Services and Website without prior notice. We may deny you access to Services for any reason without prior notice. We are not responsible for any errors or delays in providing the Services whether caused by errors in the registration information you provided by any technical problems in our system.
4. 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, any linked website, our Services or products and services provided by our Participating Providers. You are prohibited from accessing or attempting to access private areas of the 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 providing false or inaccurate information to us either during the registration process or customer service inquiries.
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, Service 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 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 our website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the 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 these Terms and Conditions without the prior express written authorization of Company; Modify, publish, transmit, 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 our 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.
5. MARKETING MATERIALS.
By Registering on our website, you are giving your consent to receive promotions or newsletters from us. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from us you may also email us at firstname.lastname@example.org.
6. LINKED WEBSITES.
The Website may display and make available content, promotions, advertisements, and offers provided by third parties ("Third Party Promotions"), as well as goods and services offered by third parties ("Third Party Products"). You understand and agree that Company shall not be responsible and shall have no liability for any Third Party Promotion or Third Party Product or for your activities on any third party Websites for whom Company displays offers ("Third Party Website Activity"), and that you participate in or choose to click on a Third Party Promotion, purchase and/or use a Third Party Product, or participate in a Third Party Website Activity solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion, Third Party Product or Third Party Website Activity will be with the applicable Third Party offering the Third Party Promotion, Third Party Product or Third Party Website Activity and that you shall have no remedy against Company arising from your use of or participation in, or inability to use or participate in, any Third Party Promotion, Third Party Product or Third Party Website Activity.
These websites are 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 websites, or any additional links contained on these websites. By linking you to these websites we do not expressly or impliedly endorse the website or third party provider. In no event shall we be liable, directly or indirectly, to you for any loss or damage arising from or occasioned by the creation or use of links to these websites. Your participation in activities and services on such websites, or the information, material, products or services accessed through these websites are at your sole risk.
7. INTELLECTUAL PROPERTY RIGHTS.
Our website contains intellectual property owned by us and other parties. As between us and you, we are the sole owner of the Website and all materials on or available through our website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively “Website Content”). Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Website Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Website Content solely for your personal, non-commercial use or records, provided that our marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify any Website content, to defeat or circumvent our security features, or to utilize our website for other than its intended purposes is strictly prohibited.
8. DISCLAIMER OF WARRANTIES.
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 our Website or by any of the equipment or programming associated with or utilized in connection with our website or the products or services provided on or through our website, or by any technical or human error which may occur in the processing of information received by us. We assume no responsibly 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 our Website. We are not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our 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 its content.
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A MANUFACTURER, INSTALLER OR CREDIT SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.
9. LIMITATION OF LIABILITY.
IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS, 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 THE WEBSITE OR WEBSITE CONTENT, 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 THE WEBSITE OR THE WEBSITE CONTENT. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE US, OUR AFFILIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRACTORS 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, LIABILITIES, 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 HEREBY 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."
You agree to defend, indemnify and hold us, our parents, subsidiaries, partners, agents, affiliates, licensors, advertisers, 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 use or inability to use our website and or Website Content, any information provided to you by our website, or any violation of this Agreement by you.
12. DEALINGS WITH PARTICIPATING PROVIDERS OR OTHER THIRD PARTIES.
Your correspondence or business dealings with any Participating Provider or other third parties as a result of your use of our website or participation in our Service, including, but not limited to, business dealings with brokers or Providers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that we shall 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 the presence of such third party on our Website.
13. LEGAL DISPUTES AND RESOLUTION.
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 THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. You and we each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this "Agreement to Arbitrate").
Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND WE 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 US 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.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by JAMS under its rules and procedures pertaining to Consumer-Related Disputes, as modified by this Agreement to Arbitrate. The arbitration shall be held Los Angeles County, California or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be final and binding on you and us subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration.
Payment of all filing, administration and arbitrator fees will be governed by JAMS rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $1,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to JAMS along with your Demand for Arbitration and we will make arrangements to pay all necessary fees directly to JAMS. If the value of the relief sought is more than $1,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under JAMS’ rules.
Changes to the Agreement to Arbitrate.
THESE TERMS PROVIDE THAT 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.
14. WAIVER AND SEVERABILITY OF TERMS.
15. ENTIRE AGREEMENT.
16. ELECTRONIC COMMUNICATIONS.
When you visit our Website, use our Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
National Energy Reduction
ATTN: Customer Care
2041 Rosecrans, Suite 320
El Segundo, CA 90245