Terms of Use

IMPORTANT - READ THESE TERMS OF USE. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AN EXCLUSIVE REMEDY, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

Welcome to Solar Save’s website SolarSave.com (along with all subdomains, collectively, the “Site”) owned and operated by A4D, Inc. (“Solar Save”). Solar Save connects you to solar service providers.

By consenting to these Terms of Use (“TOU”) you (“You”) agree to be bound by them and the Solar Save Privacy Policy at get.solarsave.com/privacy-policy.php (“Privacy Polcy”).

You may not use this Site if you are not of legal age to form a binding contract with Solar Save. If you are under 18 years old, you must leave this Site immediately.

Solar Save reserves the right to update and change, from time to time, this TOU and all documents incorporated by reference. You can find the most recent version of this TOU at get.solarsave.com/terms-and-conditions.php Solar Save will post a notice on its home page that this TOU has changed. Use of the Site after such changes constitutes acceptance of such changes. In the event of substantive changes to the TOU, you will be required to affirmatively assent to the new terms, and you may also be notified by email. If any modification is unacceptable, your only recourse is not to use our Site.

  1. Solar Save’s License to User Content
  2. Solar Save Intellectual Property
  3. Use of This Site
  4. Third Party Sites and Services
  5. Disclaimer of Warranties
  6. Limitation of Liability
  7. Indemnification
  8. Agreement to Arbitrate and Waiver of Class Action Claims
  9. Miscellaneous

Solar Save’s License to User Content.

You grant Solar Save a perpetual, fully paid license to use the materials you provide to the Site. By providing or otherwise distributing information or other content (“User Content”) to the Site, you are granting Solar Save, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of Solar Save, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Solar Save may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

Solar Save Intellectual Property.

  1. Our Site and all of its content (collectively, the “Intellectual Property”) is protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Solar Save or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work, a compilation, or both.

  2. No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Solar Save.

  3. You may browse through the Site. You must keep intact all copyright, trademark, and other notices contained in your personal copies. Except as otherwise provided in this TOU, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this TOU, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our Intellectual Property or the Site itself.

Use of this Site.

You may not use this Site for any purpose that is unlawful or prohibited by this TOU, or cause damage on or through this Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of this Site, except those automated means that Solar Save has expressly approved in writing in advance. You promise that none of your communications with or through the Site will violate any applicable local, state, national, or international law.

Rules of Conduct:

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others.

You may never use, allow or enable others to use our Site or knowingly condone use of our Site to do or attempt to:

  1. violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm, or enterprise;
  2. engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive;
  3. impersonate any other person, firm, or enterprise or any of our or their employees and agents;
  4. use the Site for Posting or otherwise using malicious or unauthorized code, (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with, destroy, or limit the functionality of any computer software, hardware, or communication equipment, including our Site;
  5. gain unauthorized use of our Site, other users’ accounts, names, log-in, password information, or personally identifiable information, or use the Site in any manner that violates or is inconsistent with the provisions or spirit of this TOU;
  6. violate, or attempt to violate, any security features of the Site or Service;
  7. attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code that we use in providing the Site or Service;
  8. modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of our Site or the rights or use and enjoyment of our Site by any other person, firm, or enterprise;
  9. collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, or display any material or information, whether personally identifiable or not, submitted, provided, or made available by or concerning any other person, firm, or enterprise;
  10. engage in any activity or fail to report any activity involving unlawful commercial email, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” or other similar schemes; or
  11. advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation. Solar Save intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this TOU, or of any applicable laws. Any violation of system or network security may subject you to civil and criminal liability.

Third Party Sites and Services.

This Site may contain links to other sites owned by third parties. Your use of each of those sites is at your own risk and is subject to the terms of those sites. Solar Save has no control over sites that are not ours, and Solar Save is not responsible for any changes to or content on them. Solar Save assumes no responsibility for the content of or services offered by linked third-party sites, and makes no representations regarding the accuracy of materials on third-party Web sites. Statements made on third-party Web sites linked to or from this Site reflect only the views of their authors and not of Solar Save. Solar Save’s inclusion on the Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

Disclaimer of Warranties.

  1. SOLAR SAVE IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLAR SAVE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF THE SITE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT THIS SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON THIS SITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. SOLAR SAVE IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU, NOT SOLAR SAVE, ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF THIS SITE.

Limitation of Liability.

  1. SOLAR SAVE IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE BY YOU OR BY THIRD PARTIES OR ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED WHILE USING THE SITE, YOUR USE OR INABILITY TO USE OR ACCESS THE SITE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY EVEN IF YOU HAVE ADVISED SOLAR SAVE IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION.

  2. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SOLAR SAVE IS FOUND LIABLE UNDER ANY THEORY, SOLAR SAVE’S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SITE AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED $2,500.

  3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH ABOVE. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN SUCH CASE, THE TERMS IN THE SEVERABILITY SECTION BELOW WILL APPLY.

Indemnification.

You will defend, indemnify and hold Solar Save harmless from any claim or demand, including attorneys’ fees and costs, made by any third party in connection with or arising out of your use of the Site, your violation of any terms of this TOU, your violation of applicable laws, or your violation of any rights of another person or entity.

Arbitration

  1. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES, OR CONTROVERSIES BETWEEN YOU AND SOLAR SAVE, ITS PARENTS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE, OR LOCAL STATUTE, LAW, ORDER, ORDINANCE, OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW.

    THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

    ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A CALIFORNIA STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT, AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).

    The following procedures shall apply:

    1. Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth below.

    2. In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. The arbitration shall be conducted by Judicate West, and shall be conducted using the then current Judicate West commercial rules and regulations (except as varied by this agreement). The arbitration shall take place in North San Diego County, California, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).

    3. Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement.

Miscellaneous.

  1. Complete Agreement. This TOU (along with any documents incorporated by reference) constitutes the entire understanding between Solar Save and you respecting use of the Site, and supersedes all prior agreements between you and Solar Save. If there is any conflict between the terms this TOU and those in the Privacy Policy, the terms of this TOU will control, except to the extent that the Privacy Policy imposes additional restrictions and liabilities on your actions.

  2. Governing Law; Jurisdiction; Attorneys’ Fees. This Site (excluding linked sites) is controlled by us from our office in California, United States of America. This site may be accessed from anywhere legally permitted. As each of these jurisdictions has laws and regulations that may differ from those of California, by accessing this Site or purchasing, subscribing, or otherwise using the Services, you and Solar Save agree that the laws of California (expect for conflicts of laws principles) will apply to all matters relating to use of this Site. If for any reason, the Arbitration provision required above is deemed inapplicable or unenforceable, exclusive jurisdiction must lie with the courts of California in the county of San Diego for all disputes, actions, or proceedings arising out of or relating to your use of the Site. In any dispute that arises out of the relationship of Solar Save and you, including tort claims, the prevailing party will be entitled to attorneys’ fees and costs.

  3. Severability. If a provision of this TOU is held to be illegal, invalid, or unenforceable, then: (i) it must be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity, and enforceability of the remaining provisions of this TOU must not be affected or impaired.

  4. Waiver. No failure or delay on the part of Solar Save in exercising any right, power or remedy under this TOU may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other right, power, or remedy under this TOU.

If you have questions about this TOU or want to contact us, please send an email to [email protected] or write to us at A4D, Inc., Attn: A4D Legal Department - Solar Save, 6965 El Camino Real No. 105-441, Carlsbad, CA 92009.

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