Thank you for visiting the Solar Panels Residential and other websites owned and operated by us (collectively, the "Site"). The Site is an Internet property of Solar Panels Residential ("Company," "we," "our" or "us"). This Solar Panels Residential Privacy Policy ("Privacy Policy") covers our treatment of personal information and other information that we collect when an end-user visitor to the Site ("User," "you" or "your"): (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links to third-party broker and/or solar-related resources and other information ("Third Party Links"); and/or (ii) blog posts, text, video and/or other information pertaining to broker and/or solar-related products and/or services made available on the Site (the "Informational Content," and together with the Third Party Links, the "Content"); (c) accesses the comments sections associated with the Blog Posts and/or other interactive features made available on the Site ("Interactive Services"); and/or (d) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Company and/or Company's third-party broker and/or solar-related product and/or service providers ("Third Party Broker/Installation/Service Providers") (collectively, the "Contact Services," and together with the Site, Content and Interactive Services, the "Site Offerings").
Capitalized terms not defined herein shall have the meanings set forth in the Solar Panels Residential Website Terms and Conditions ("Terms and Conditions"). IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OFFERINGS.
PERSONAL INFORMATION COLLECTED
For the purposes of this Privacy Policy, "personal information" shall mean individually identifiable information from or about an individual. We collect personal information when you access certain of the Site Offerings and complete the required information request form and/or otherwise provide such information to us. Where a User attempts to utilize the Contact Services, that User may be required to submit, and Company may collect, some or all of the following information: (a) the User's e-mail address; (b) the User's full name; (c) the User's telephone number; (d) certain information pertaining to the User's current financial condition, including employment, income, debt and credit-related information; and (e) any other information collected via the Contact Services Form. Upon entering Contact Data and clicking on the applicable submission button on the Site: (i) Company may pass your Contact Data along to one (1) or more of its Third Party Broker/Installation/Service Providers; and (ii) you may be contacted by Company and/or one (1) or more of its Third Party Broker/Installation/Service Providers regarding your request. Where Company contacts you in connection with your submission of Contact Data, a Company representative may request additional information over the telephone including some or all of the following: (A) User mailing address; (B) certain information pertaining to the User's current financial condition, including employment, income, debt and credit-related information; and (C) any other information requested by the applicable Company representative.
For purposes of this Privacy Policy, item (B) in the preceding paragraph shall be considered "Sensitive Information."
Please be advised that Company does not itself provide any underlying broker and/or solar-related products or services, and the ultimate terms and conditions of any such services will be determined by the applicable Third Party Broker/Installation/Service Provider(s).
USE OF PERSONAL INFORMATION
By submitting your personal information by and through the Site Offerings, you agree that we may share or otherwise provide that personal information (other than Sensitive Information) to any third party for any purpose permitted by law, and we may work with other businesses to bring selected retail opportunities to our Users. These businesses and third parties may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); and (d) direct marketers. We will also use your personal information to send you promotional messages regarding various Company products and/or services, as well as third party products and/or services that we think may be of interest to you.
Without limiting the foregoing, we may share your User Data (including Sensitive Information) with those Third Party Broker/Installation/Service Providers that you request to be contacted by these Third Party Broker/Installation/Service Providers may use your User Data to offer you broker and/or solar-related products and/or services, and for any other lawful purposes, subject to any restrictions contained herein. The information that you supply directly to any Third Party Broker/Installation/Service Providers shall be governed by the applicable Third Party Broker/Installation/Service Provider's privacy policy.
Where you submit personal information, we use the personal information that you make available to personalize your experience with the Site and to facilitate the delivery of the applicable Site Offerings to you, including to respond to any inquiries made by you.
You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Site Offerings, and to keep you informed of our other products and services.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users' personal information as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.
We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience with the Site Offerings and/or to contact you when necessary in connection with your use of the Site Offerings. We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Site Offerings. We may also combine the information we have gathered about you with information from other sources.
By submitting your personal information by and through the Site Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the "Rule") and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
Where you provide "prior express written consent" within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time ("TCPA"), as well as the Telemarketing Sales Rule (16 CFR 310), and its implementing regulations adopted by the Federal Trade Commission, as amended from time to time (“TSR”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided, for both sales and non-sales purposes. Please note that you are not required to provide this consent in order to obtain access to the Site Offerings or to make a purchase or transaction, and your consent simply allows Company to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (i) have your telephone number reassigned to another person or entity; (ii) give up your telephone number so that it is no longer used by you; (iii) port your telephone number to a landline or vice versa; or (iv) otherwise stop using that telephone number for any reason (collectively "Phone Number Change"), you agree that you shall promptly notify Company of the Phone Number Change via e-mail at: notices@brokerquoteselite.com, or by using one of the methods set forth in the "Contact Us" section below. For purposes of opting out of contact in connection with this section, notification at the above email address shall be required and shall be deemed as the agreed upon method of opting out of previously granted express written consent.
We reserve the right to release current or past personal information (including Sensitive Information): (A) in the event that we believe that the Site Offerings are being or have been used in violation of the Terms and Conditions or to commit unlawful acts; (B) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; or (C) if we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if Company is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.
You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law, including the CAN-SPAM Act of 2003, as amended from time to time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.
NON-PERSONAL INFORMATION COLLECTION AND USE
IP Addresses/Browser Type We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Site Offerings.
Cookies When a User visits the Site, we send one (1) or more cookies and/or gif files (collectively, "Cookies") to assign an anonymous, unique identifier to the applicable User's computer. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Site Offerings, including for storing User preferences and tracking Site-User trends (such as pages opened and length of stay at the Site).
Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a User rejects a Cookie, he or she may still use the Site Offerings; provided, however, that certain functions of the Site Offerings may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.
Behavioral Tracking Neither Company, nor any third party, uses cookies, pixels or other tracking technology on the Site for purposes of tracking Users' activities after they leave the Site. Nevertheless, most Internet browsers contain a "do-not-track" setting. In general, when a "do-not-track" setting is active, the end-user's Internet browser notifies other websites that the end-user does not want his/her Information and online behavior to be tracked and used, for example, for behavioral advertising.
Aggregate Data Company reserves the right to transfer and/or aggregate or group data about Users of the Site Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of Site Offerings Users as a group, without disclosing personally identifiable information.
INTERACTIVE SERVICES
If you engage in any interaction with Company, other Users or any third party via the Interactive Services, you should be aware that the personal information that you submit by and through the Interactive Services can be read, collected and/or used by other Users of these services, and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire. We are not responsible for the personal information that you choose to submit via the Interactive Services.
THIRD-PARTY WEBSITES
This Site may contain links to third-party owned and/or operated websites including, without limitation, the Third Party Broker/Installation/Service Providers. Company is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Company has no responsibility or liability relating to them.
SECURITY
We endeavor to safeguard and protect our Users' personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts Users to enter Sensitive Information, and when we store and transmit such Sensitive Information, that information is encrypted with advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our Users' personal information is restricted in our offices, as well as the offices of our third party service providers. Only employees or third party agents who need User personal information to perform a specific job are granted access to User personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, other Site Offerings or otherwise via the Internet or wireless networks, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
MINORS
Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site. Company does not knowingly solicit or collect information from visitors under eighteen (18) years of age. Company encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
OPT-OUT/UNSUBSCRIBE
To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: info@solarpanelsresidential.com
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Site Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Site Offerings-related and/or inquiry response-related messages from Company, you must cease requesting and/or utilizing the Site Offerings and/or cease submitting inquiries to Company, as applicable.
Text Message frequency varies. Supporting carriers, include AT&T, Sprint, Verizon, Carolina West, Nextel, Celicom, Virgin Mobile, C Spire, Boost, Cincinnati Bell, Metro PCS, T-Mobile, Cricket, U.S. Cellular or other Wireless carriers are not liable for any delayed or undelivered messages. Consumers may opt out of receiving text messages by sending or replying “STOP”, “END” or “QUIT” to 60107. Consumers may also reply with “HELP” or email info@solarpanelsresidential.com .
We will not rent or sell your name, address, e-mail address, credit card information or personal information to any third party without your permission, except as may be required by law.
DELETING, MODIFYING AND UPDATING YOUR INFORMATION
At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have collected. You may do so by e-mailing us at: info@solarpanelsresidential.com . We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your personal information may terminate your access to certain of the Site Offerings. If you wish to continue using the full complement of Site Offerings, you may not be able to delete all of the personal information that we have on file for you.
Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
TRANSFER OF PERSONAL INFORMATION INTERNATIONALLY
If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.
CHANGES TO THIS PRIVACY POLICY
Company reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use personal information changes, Company will notify Users by: (a) sending the modified policy to our Users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.
CONTACT US
If you have any questions about this Privacy Policy or our privacy practices in general, you may email us as at: info@solarpanelsresidential.com .
FILING A COMPLAINT WITH THE FEDERAL TRADE COMMISSION
To file a complaint regarding our privacy practices, please Click Here.
Last Updated: January 1, 2019
Thank you for visiting the Solar Panels Residential located at www.solarpanelsresidential.com and other websites owned and operated by us (the "Site"). The Site is an Internet property of Solar Panels Residential ("Company," "we," "our" or "us"). Each end-user visitor to the Site ("User," "you" or "your") agrees to the Solar Panels Residential Website Terms and Conditions ("Terms and Conditions"), in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links to third-party broker and/or solar-related resources and other information ("Third Party Links"); and/or (ii) blog posts, text, video and/or other information pertaining to broker and/or solar-related products and/or services made available on the Site (the "Informational Content," and together with the Third Party Links, the "Content"); (c) accesses the comments sections associated with the blog posts and/or other interactive features made available on the Site ("Interactive Services"); and/or (d) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Company and/or Company's third-party broker and/or solar-related product and/or service providers ("Third Party Broker/Installation/Service Providers") (collectively, the "Contact Services," and together with the Site, Content and Interactive Services, the "Site Offerings").
The following Terms and Conditions are inclusive of the Solar Panels Residential Privacy Policy ("Privacy Policy"), the Solar Panels Residential Disclosures, Disclaimers and Licenses ("Disclosures, Disclaimers and Licenses") and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Agreement"). By using and/or accessing the Site Offerings, Users agree to comply with and be bound by the Agreement in its entirety. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
Certain States may require Company to obtain a license in order to provide certain of the Site Offerings to consumers within such States. Further, some States may require additional information disclosures be given to you in connection with the provision of these services.
Please be advised that Company does not itself provide broker and/or solar-related products and/or services, and the ultimate terms and conditions of any broker and/or solar-related products and/or services made available via the Contact Services will be determined by the applicable Third Party Broker/Installation/Service Providers. Company is not an agent of either you or any Third Party Broker/Installation/Service Provider. Company provides only administrative and marketplace services, by matching consumers, who are prospective borrowers, with Third Party Broker/Installation/Service Providers who may be willing to provide them with broker and/or solar-related products and/or services. You should always check with your financial advisors to be sure that any broker and/or solar-related products and/or services offered by Third Party Broker/Installation/Service Providers are appropriate for you.
Reliance on any information made available to you by and through the Site Offerings, including the Content, is solely at your own risk. Company disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Site Offerings.
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and Company with respect to Users' use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Company may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings. By a User's continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
2. Requirements; Termination of Access to the Site Offerings. The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction). If a User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in her/his jurisdiction) and/or if that User is unable to enter into legally binding contracts under applicable law, that User does not have permission to use and/or access the Site Offerings. Company may terminate a User's access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Company believes that such User is: (a) in any way in breach of the Agreement; and/or (b) engaged in any improper conduct in connection with the Site Offerings.
3. Contact Services; Third Party Broker/Installation/Service Providers. Where a User attempts to utilize the Contact Services, that User may be required to submit, and Company may collect, some or all of the following information: (a) the User's e-mail address; (b) the User's full name; (c) the User's telephone number; (d) certain information pertaining to the User's current financial condition, including employment, income, debt and credit-related information; and (e) any other information collected via the Contact Services Form (collectively, "Contact Data"). Upon entering Contact Data and clicking on the applicable submission button on the Site: (i) Company may pass your Contact Data along to one (1) or more of its Third Party Broker/Installation/Service Providers; and/or (ii) you may be contacted by Company and/or one (1) or more of its Third Party Broker/Installation/Service Providers regarding your request. Where Company contacts you in connection with your submission of Contact Data, a Company representative may request additional information over the telephone including some or all of the following: (A) User mailing address; (B) certain information pertaining to the User's current financial condition, including employment, income, debt and credit-related information; and (C) any other information requested by the applicable Company representative (collectively, "Follow-Up Data," and together with the Contact Data, the "User Data").
Each User agrees to provide true, accurate, current and complete User Data. Company's use of User Data shall be governed by the Privacy Policy.
Please be advised that Company does not itself provide any underlying broker/installation and/or solar-related products and/or services, and the ultimate terms and conditions of any such services will be determined by the applicable Third Party Broker/Installation/Service Provider. You understand and agree that Company shall not be liable to you or any third party for any products and/or services offered by any Third Party Broker/Installation/Service Provider.
4. Non-Endorsement; Passive Conduit.
(a) Company does not sponsor, recommend or endorse any Third Party Broker/Installation/Service Provider that is accessible by or through the Contact Services and/or other Site Offerings. The Third Party Broker/Installation/Service Providers that are accessible by and through the Contact Services pay a fee for access to the Users that utilize the Contact Services. Company does not guarantee that Users will successfully find broker and/or solar-related products and/or services through the Site Offerings.
(b) Please use caution and common sense when using the Site Offerings. Company in no way endorses the content or legality of any responses, statements or promises made by Third Party Broker/Installation/Service Providers or any other parties on the Site or otherwise through the Site Offerings.
(c) The determination of the need for broker and/or solar-related products and/or services and the choice of broker and/or solar-related service providers are extremely important decisions and should not be based solely on advertisements, claims of expertise or cost offered by any Third Party Broker/Installation/Service Provider. Company does not review the standing of any Third Party Broker/Installation/Service Providers with any regulatory authority and/or governmental agency. Therefore, Company makes no representation regarding the status, standing or ability of any Third Party Broker/Installation/Service Provider. When considering contracting with a Third Party Broker/Installation/Service Provider, Users should check that Third Party Broker/Installation/Service Provider's standing with applicable regulatory and/or governmental agencies.
(d) Company does not involve itself in the agreements between Users and Third Party Broker/Installation/Service Providers or the actual provision of broker and/or solar-related products and/or services in connection with the relationships created thereby. Therefore, Company does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of either its Users or Third Party Broker/Installation/Service Providers. Each User, and not Company, is solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Third Party Broker/Installation/Service Providers that the User communicates with via the Contact Services.
5. Content; Third Party Links. The Site contains Content which includes, but is not limited to, text, video and other information pertaining to broker and/or solar-related products and/or services, as well as regularly updated Third Party Links. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site.
6. Interactions. Users are solely responsible for their interactions with Third Party Broker/Installation/Service Providers and other third parties. Because Company is not involved in User interactions, in the event that you have a dispute with one or more Third Party Broker/Installation/Service Providers and/or other third-parties, you hereby release Company from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
7. Interactive Services.
(a) Subject to the restrictions contained herein including, without limitation, those contained below, the Interactive Services may allow Users to post comments, and engage in other interactive communication, by and through the Site Offerings. In connection with the Interactive Services, each User shall be solely responsible for the comments, opinions, statements, offers, propositions, feedback and other content (collectively, "Feedback") posted by and through the Interactive Services. Company reserves the right to prohibit any conduct by Users, or to remove any materials or Feedback posted by Users by and through the Interactive Services, that Company deems, in its sole and absolute discretion, to be in violation of the Agreement and/or which Company believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Company to harm, damage to reputation or liability. Notwithstanding the foregoing, Company undertakes no responsibility to monitor or otherwise police the actions of Users, Feedback and/or other material posted by Users and/or other third parties. Company shall have no obligation and incur no liability to such Users in connection with any Feedback. Users may find certain Feedback to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when viewing Feedback. You agree to use the Interactive Services in a manner consistent with, and in full compliance with, any and all applicable laws and regulations.
(b) In connection with your use of the Interactive Services and other of the Site Offerings, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) "stalk" or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, other Users; (vii) transmit any chain letters, spam or junk e-mail to other Users; (viii) express or imply that any statements that you make are endorsed by Company, without Company's specific prior written consent; (ix) harvest or collect personal information of other Users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site Offerings; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site; (xiii) interfere with or disrupt the Site and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (xvi) "frame" or "mirror" any part of the Site without Company's prior written authorization; (xvii) use metatags or code or other devices containing any reference to any Site Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (xviii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site Offerings or any software used in or in connection with Site Offerings. Company reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
8. Representations and Warranties. Each User hereby represents and warrants to Company as follows: (a) the Agreement constitutes such User's legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; and (b) such User understands and agrees that such User has independently evaluated the desirability of utilizing the Site Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement.
9. Indemnification. Each User agrees to indemnify, defend and hold Company, its members, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys' fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User and any Third Party Broker/Installation/Service Provider or third party; (b) User's breach of the Agreement and/or any representation or warranty contained herein; and/or (c) User's use of the Site Offerings in any manner whatsoever including, without limitation, that User's Feedback. The provisions of this Section 9 are for the benefit of Company, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
10. License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Company may terminate this license at any time for any reason. Unless otherwise expressly authorized by Company, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Company. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third party may create any "derivative works" by altering any aspect of the Site Offerings. No User or other third party may use the Site Offerings in conjunction with any other third-party content. No User or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Company. Each User further agrees to indemnify and hold Company harmless for that User's failure to comply with this Section 10. Company reserves any rights not explicitly granted in the Agreement.
11. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third party of any part of the Site Offerings is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials.
12. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Company will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
13. Disclaimer of Warranties. THE SITE OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET ANY USER'S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL ENABLE ANY USER TO OBTAIN BROKER/INSTALLATION AND/OR SOLAR-RELATED PRODUCTS AND/OR SERVICES AND/OR REALIZE ANY SPECIFIC ECONOMIC BENEFIT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM COMPANY OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
14. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS, THIRD PARTY BROKER/INSTALLATION/SERVICE PROVIDERS AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER DATA; (E) THE FAILURE TO OBTAIN BROKER/INSTALLATION AND/OR SOLAR-RELATED PRODUCTS AND/OR SERVICES AND/OR TO REALIZE ANY SPECIFIC ECONOMIC BENEFIT; AND (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR COMPANY MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND COMPANY. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF COMPANY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Copyright Policy/DMCA Compliance. Company reserves the right to terminate any User's access to the Site Offerings where such User infringes upon third-party copyrights. If any User or other third party believes that a copyrighted work has been copied and/or posted via the Site Offerings in a way that constitutes copyright infringement, that party should provide Company with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party's name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party's notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner's behalf.
16. Third Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Broker/Installation/Service Provider websites and/or Third Party Links. Company does not control the information, products or services made available on, by or through these third party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website's operators. Because Company has no control over such websites and/or resources, each User agrees that Company is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User's data privacy by third parties. Each User further agrees that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
17. Editing, Deleting and Modification. Company reserves the right in its sole discretion to edit and/or delete any documents, information or Content appearing on the Site.
18. Use of User Information. All material submitted by Users through or in association with the Site Offerings including, without limitation, the User Data, shall be subject to the Privacy Policy.
19. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in the State of Colorado and shall be governed by and construed in accordance with the laws of the State of Colorado (without regard to conflict of law principles). Should a dispute arise concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Colorado, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration. Claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
20. Text messages. Message frequency varies. Supporting carriers, include AT&T, Sprint, Verizon, Carolina West, Nextel, Cellcom, Virgin Mobile, C Spire, Boost, Cincinnati Bell, Metro PCS, T-Mobile, Cricket, U.S. Cellular or other Wireless carriers are not liable for any delayed or undelivered messages.
21. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Company's failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Company may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
22. Arbitration. - YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND Solar Panels Residential ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PART OF ANY CLASS. A “CLAIM” IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND SOLARPANELSRESIDENTIAL, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE WEBSITE TERMS OR THE ARBITRABILITY OF ANY CLAIM PURSUANT TO THE WEBSITE TERMS. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH SOLARPANELSRESIDENTIAL. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO: (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAW SUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST SOLARPANELRESIDENTIAL IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST SOLARPANELSRESIDENTIAL IN ANY JURISDICTION IN THE UNITED STATES. SOLARPANELSRESIDENTIAL WILL REIMBURSE YOU UP TO $300 OF YOUR ARBITRATION FILING FEE. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided, however, that the terms of the Website Terms shall control over any inconsistency between the Rules of the American Arbitration Association and the Website Terms). The arbitrator shall have authority to interpret the Website Terms, including but not limited to the authority to decide whether any claim is arbitrable under the Website Terms and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator’s jurisdiction, and the enforceability of the Website Terms. You agree that the Website Terms involves commerce under 9 U.S.C. §§ 1 et seq. and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Website Terms is governed by the laws of the state of Delawre. You agree that the provisions and covenants set forth herein are reasonable. In the event that any provision or covenant of the Website Terms shall be held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction for any reason, including but not limited to the scope thereof, then such provision will be severed and replaced with a new provision that most closely reflects the original intention thereof, and the remaining provisions of the Website Terms will remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Without limiting the foregoing, you agree and request that if any court or arbitrator of competent jurisdiction considers any provision or covenant of the Website Terms to be overly broad based on the circumstances at the time enforcement is requested, that such court or arbitrator construe and enforce the provision or covenant to the fullest extent that such court or arbitrator deems reasonable. THE WEBSITE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, USA, AS THEY APPLY TO AGREEMENTS MADE SOLELY THEREIN, PROVIDED, HOWEVER, THAT THE ARBITRATION CLAUSE IS GOVERNED BY FEDERAL LAW. The Arbitration Clause, the obligations in the first four paragraphs of the Website Terms, shall survive termination of the Website Terms.
23. Contact Us. If you have any questions about the Agreement, Site Offerings or the practices of Company, you may email us as at: info@solarpanelsresidential.com
Last Updated: January 1, 2019
www.solarpanelsresidential.com and other sites owned and operated by Solar Panels Residential (collectively, the "Site") is a website owned and operated by Solar Panels Residential. Solar Panels Residential is an online lead generator that provides administrative and marketplace services only by matching consumers who are prospective purchasers with one or more brokers, installers, and other solar related service providers (each a "Broker") that offer products and/or services of interest. Solar Panels Residential does not: solicit applications for consumers; make credit decisions in connection with application; guarantee that your submission of information on the Site will result in the application from a Broker/Installer; or otherwise help or assist consumers to obtain solar related services/products. Solar Panels Residential is not an agent for consumers or any participating Brokers/Installers.
You are under no obligation to use the Site or Solar Panels Residential to begin any financing process. In order to be matched with Broker(s), Solar Panels Residential may require you to submit certain personal and financial information. Your responses, and the information you choose to submit in order to be matched with prospective Broker(s)/Installer(s), will help improve the accuracy of your results. The information you submit to Solar Panels Residential is not an application. You understand, acknowledge and agree that the information you choose to provide to Solar Panels Residential will be collected, stored and transmitted only to Solar Panels Residential' partners, and solely for the purpose of matching you with Broker(s)/Installer(s) that can provide you with more information about their respective products and/or services. Make sure to compare rates and fees, as they can vary between Broker(s)/Installer(s) and may depend on the state in which you reside.
