TERMS AND CONDITIONS OF USE
Please review these Terms and Conditions carefully. If you do not agree to these Terms and Conditions, you should immediately cease accessing, interacting, or using the Services in any way or manner.
IMPORTANT: THE SECTION BELOW TITLED “DISPUTE RESOLUTION & ARBITRATION” REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST SUN SOURCE, MEANING YOU CANNOT BRING CLAIMS AGAINST SUN SOURCE IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
- Agreement; Modification.
These Terms and Conditions specify and describe the terms and conditions applicable to your access to, interaction with, and use of the Services and constitute a legal and binding agreement between you and Sun Source.
By using the Services, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- Intended Audience.
The Services are intended for adults only and is not intended for any children under the age of 18. You represent and warrant that you are 18 years of age or older and that any information you provide to the Services, including, without limitation, information regarding your age, is true and accurate in all respects. You further represent and warrant that you are fully able and competent to agree and abide by these Terms and Conditions.
- Credit Tool.
Sun Source may provide you the opportunity to run a credit report through a third party (“Credit Tool”). To use the Credit Tool, you must provide certain personal information, including financial information. By using the Credit Tool, you consent to Sun Source using your consumer report to help determine if you qualify for certain features of the Service.
- Site Use.
Subject to these Terms and Conditions, Sun Source hereby authorizes you to use the Services solely for your own personal use and not for republication, distribution, assignment, license, sale, preparation of derivative works, or other use. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge. The authorization granted hereunder in non-exclusive, limited, and revocable. You will not: (a) use the Services for any commercial purpose (unless you have entered into a separate agreement with Sun Source expressly permitting commercial use); (b) use the Services to “stalk” or harass any person; (c) access, monitor, or copy any content or information provided via the Services in any manner, including, without limitation, using any robot, spider, scraper, or other automated means or any manual process, including phishing, for any purpose without our express written permission; (d) copy materials on the site, reverse engineer or break into the Services; (e) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services; (f) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (g) “frame”, “mirror”, or otherwise incorporate any part of the Services into any other website, application, or platform without our prior written authorization; or (h) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation. Your authorization to use the Services is at the discretion of Sun Source and Sun Source may terminate your use of this website at any time.
All content included on the Services is and shall continue to be the property of Sun Source or its affiliates or content suppliers, as the case may be, and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Services is prohibited, except as expressly permitted in these Terms and Conditions. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Services.
You acknowledge and agree that these Terms and Conditions and your access, interaction, and/or use of the Services granted in accordance therewith, does not grant, in any manner whatsoever, any right, title, or ownership in or to the Services or the content accessed via the Services, including, without limitation, any intellectual property rights or other proprietary rights and/or trade secrets, (regardless of whether such content is registered or unregistered, or copyrightable, patentable, or otherwise protectable under state or federal law), or any right to use Sun Source’s trademark or other brand elements. “Sun Source Energy”, is a trademark of Sun Source. Other product and company names mentioned on this Site may be trademarks of their respective owners.
You further acknowledge and agree that, as between you and Sun Source, Sun Source owns all right, title, and interest, including all intellectual property rights, in and to Sun Source as well as any and all intellectual property rights or other proprietary rights and/or trade secrets related to the Website. Sun Source reserves all rights not expressly granted to you. Except for the limited rights expressly granted under these Terms and Conditions, nothing herein grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to Sun Source’s intellectual property, proprietary information, and/or trade secrets.
“Sun Source Energy”, the Sun Source logo, and any other product or service name or slogan contained on the Services are trademarks or registered trademarks of Sun Source and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
Sun Source reserves the right to disclose information provided by you via your access of, interaction with, and use of the Services when required to do so by applicable law and you hereby waive and hold Sun Source harmless from any claims resulting from actions taken by Sun Source in response to any investigation by law enforcement. Upon written request by you to Sun Source, Sun Source shall make all Registration Data available to you, provided, however, that Sun Source shall not be obligated to retain any Registration Data for longer than thirty (30) days following a termination of services.
You retain all rights to the Registration Data; provided, however, by submitting Registration Data to the Services, you grant to Sun Source a worldwide, perpetual, non-exclusive, royalty free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and otherwise use Registration Data for the operation of the Services and for Sun Source’s business purposes, including, without limitation, sales and marketing, research and development, data analytics, and other internal and external business uses. You hereby acknowledge and agrees that any and all rights, title and interest in and to any intellectual property or proprietary information resulting from Sun Source’s permitted use of your data hereunder, shall be owned solely and exclusively by Sun Source.
You further acknowledge that Sun Source will be entitled to use, implement and exploit any of such resulting intellectual property and/or proprietary information in any manner without restriction, and without any obligation of confidentiality, attribution, accounting or compensation or other duty to account. Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (collectively “Feedback”), are non-confidential and you hereby assign to us and our subsidiaries and affiliates any and all rights to your Feedback, and all rights, title, and interest to any intellectual property or proprietary information resulting therefrom, which shall become and remain Sun Source’s property, for any purpose without compensation or attribution to you.
Sun Source reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Services without notice in our sole discretion. Neither Sun Source nor its suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Services.
You will defend, indemnify and hold harmless Sun Source, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Services, your violation of these Terms and Conditions, or your violation of any rights of a third party.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. SUN SOURCE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SUN SOURCE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS (OR THE TERMS CONTAINED IN A SEPARATE APPLICABLE AGREEMENT). SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF IMPLIED WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. WITHOUT LIMITING THIS SECTION, SUN SOURCE MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION CONTAINED OR REFERENCED IN THE SERVICES, INCLUDING ANY DATA. TECHNOLOGY CHANGES FREQUENTLY AND THEREFORE INFORMATION CONTAINED ON THE SERVICE MAY BE OUTDATED, INCOMPLETE OR INCORRECT. SUN SOURCE DOES NOT ASSUME ANY RISK WHATSOEVER FOR YOUR USE OF THE SERVICES OR THE DATA CONTAINED ON THE SERVICES.
The Service may contain links to Web pages and content of third parties (“Third-Party Content”) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms and Conditions will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk. The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
- Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL SUN SOURCE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, NEITHER SUNRUN NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUNRUN OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, THE MAXIMUM TOTAL LIABILITY OF SUNRUN AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS ONE HUNDRED DOLLARS ($100). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS AND CONDITIONS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS AND CONDITIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
- Use of Information.
The Services may include interactive features and services, including social networking functionality, forums, message boards, and similar services, in which you or third parties may send messages to Service users, and create, post, or store profile data, photographs, ratings or reviews, and other content on the Service (“Interactive Services”). You are solely responsible for your use of Interactive Services and should use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Service any of the following:
- Material that in our sole discretion is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- Material that violates, or that causes us or our affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
- Material that infringes or violates, or that may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
- Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Service or with any other person or entity;
- Material that is or contains any advertising or solicitation, including, without limitation, links to commercial products or services or any political campaigning (except in portions of the Service that are expressly designated as portions in which such material is allowed);
- Comments that in any way refer to persons under 18 years of age;
- Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
- Material that, in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Service, or which may expose us or our users to harm or liability of any nature.
ANY MATERIAL THAT YOU SUBMIT OR UPLOAD TO PUBLIC OR COMMON AREAS OF THE SERVICE, INCLUDING PHOTOGRAPHS OF YOURSELF OR YOUR HOUSE, MAY BE PUBLICLY AVAILABLE. IF YOU DO NOT WANT ANY MATERIAL TO BE AVAILABLE TO OTHERS, DO NOT UPLOAD OR OTHERWISE SUBMIT THAT MATERIAL TO ANY PUBLIC OR COMMON AREA OF THE SERVICE. We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that material. Although we have no obligation to screen, edit, or monitor any material posted on or transmitted through the Service, we reserve the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Service at any time and for any reason without notice.
If you post material on or through the Service, then, unless we indicate otherwise, you: (a) grant us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material throughout the world in any media; (b) grant us and our affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such material, if we choose; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Service; and the use and posting of material you supply, by you or by us, does not violate these Terms and Conditions, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.
- Copyrights and Copyright Agent.
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is [name of agent for notice], who can be reached as follows:
|By Mail: [address] By Phone: [phone number] By E-mail: [e-mail address]
- Applicable Law.
You agree that the laws of the state of Nevada, without regard to conflicts of laws provisions will govern these Terms and Conditions and any dispute that may arise between you and [name of website operator] or its affiliates.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
The failure of Sun Source to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Sun Source must be in writing and signed by an authorized representative of Sun Source.
Your online account remains in effect unless you cancel it or unless Sun Source terminates your account as provided by these Terms and Conditions. To terminate your online account, please email Sun Source at [_________________________]. You may not terminate your written Solar Power Purchase Agreement or Lease Agreement by emailing Sun Source. Notwithstanding any provision of these Terms and Conditions, we reserve the right, without notice and in our sole discretion, to terminate your account and to block, restrict, and prevent your future access to, and use of, the Service.
- Relationship of the Parties.
Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
- Entire Agreement; Headings.
- Contact Information.
[name of website operator]
Dispute Resolution & Arbitration.
Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court. These Terms and Conditions are governed by the laws of the State of Nevada, excluding conflict of laws principles. YOU AND SUNRUN AGREE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS AND CONDITIONS BY BINDING, BILATERAL ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AND SUN SOURCE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
You and Sun Source agree that the arbitration will be conducted in Clark County, Nevada and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Nevada law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.