Terms of Use

(1) ACCEPTANCE OF TERMS

Welcome to Thesolarinstitute.org – a portfolio site of Solar America! Your use of Thesolarinstitute.org (the “Site”) is subject to these Terms of Use (these “Terms”). By using the Site, you agree to be bound by, and use the Site in compliance with, these Terms. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE.

We may make changes to these Terms from time to time. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. You agree that your continued use of the Site after any such changes have been published to the Site shall constitute your acceptance of the Terms as revised.

Special terms may apply to some services and activities offered on the Site. These terms are posted in connection with the applicable service. Any such terms are in addition to these Terms, and in the event of a conflict, prevail over these Terms.

(2) LICENSE TO USE THE SITE

Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Site for your personal use and not for resale or further distribution. Your right to use the Site is limited by the terms set forth in these Terms.

Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to the Site, including all related intellectual property rights. The Site is protected by applicable intellectual property laws, including United States copyright law and international treaties.

Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Site; (b) rent, lease or sublicense access to the Site; nor (c) circumvent or disable any security or technological features or measures of the Site.

(3) ACCESS TO THE SITE; MODIFICATIONS TO THE SITE

We do not provide you with the equipment to access the Site. You are responsible for all fees charged by third parties to access the Site (e.g., charges by internet service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, and to restrict, suspend, or terminate your access to the Site at any time, for any or no reason, with or without prior notice, and without liability.

(4) SITE RESTRICTIONS

You must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the Site (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Site to another person; (d) use the Site or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (f) use the Site in a manner that threatens the integrity, performance, or availability of the Site; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or Site Content.

(5) PRIVACY POLICY

We may collect, sell, rent or otherwise dispose of registration and other information about you through the Site. Our collection and use of this information is governed by our privacy policy, available at www.Thesolarinstitute.org/privacy-policy which is incorporated by reference herein (the “Privacy Policy”).

(6) LINKING TO THIS SITE

If you link to this Site, you are permitted to link only to the home page at Thesolarinstitute.org. Deep linking to internal parts of this Site, framing of this Site as part of other Web sites, and in-line linking or any other manner of incorporating parts of this Site as part of another Web site is not permitted without our prior written consent.

(7) LINKS AND THIRD PARTY CONTENT

The Site may contain links to third party products, services, and Web sites. We exercise no control over the third party products, services, and Web sites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and Web sites. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and Web sites.

(8) RESTRICTED AREAS OF THE SITE

Certain areas of the Site may be password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.

(9) SUBMISSIONS

Users of the Site may have the opportunity to post information to the Site, including reviews, comments, and other information and materials. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of us or our sponsors or their respective shareholders, directors, officers, employees, agents, or representatives. We do not control the content posted by third parties via the Site and do not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will we, our sponsors or their respective shareholders, directors, officers, employees, agents, or representatives be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available.

You agree that we are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send or provide to us (each, a “Submission”), including, without limitation, responses to questionnaires or through postings to the Site without further compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and our products and services.

Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires or other means for providing Submissions to us, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future.

BY POSTING OR PROVIDING ANY SUBMISSION OR OTHER INFORMATION, YOU REPRESENT AND WARRANT THAT PUBLIC POSTING AND USE OF YOUR SUBMISSION OR INFORMATION BY US WILL NOT INFRINGE ON OR VIOLATE THE RIGHTS OF ANY THIRD PARTY.

(10) USE POLICIES

You are solely responsible for any content and other material that you submit, publish or display on the Site or transmit to other members and/or other users of the Site.

You will not use the Site to: (a) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm us or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (g) upload, post, email, 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; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) “stalk” or otherwise harass another; or (k) collect or store personal data about other users.

(11) FEEDBACK

We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about the Site (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future modifications to the Site. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose.

(12) INFORMATIONAL DISCLAIMERS RELATED TO YOUR USE OF THE SITE

Please note that some of the services provided on the Site are designed to provide consumers an opportunity to request information regarding certain products and services, including without limitation, solar energy. As a result, please note the following:

  • Thesolarinstitute.org is a lead generation service that matches requests from potential customers with service providers that offer products or services that may be able to meet such potential customers’ request. We are not involved in the actual transaction between potential customers and service providers. Consequently, we cannot ensure that a transaction will occur. Further, if a transaction does occur between a potential customer who submits their information and a service provider with whom we work, we have no control over the quality, safety or legality of the item or service sold. If we are unable to match your request to businesses within our network, we retain the right to match you to businesses outside our network through our approved partners.
  • The information furnished on the Site and any interactive responses are not intended to be professional advice and are not intended to replace personal consultation with a qualified home improvement service provider, solar energy specialist or other service professional. You must always seek the advice of a qualified professional for questions related to implementing and/or using energy-related products in your home. You should never disregard professional advice or delay in seeking professional advice related to your home or the implementing and/or using energy-related products in your home because of something you have read on this site. The application of information on Thesolarinstitute.org may not be applicable to your specific circumstances.
  • It is your responsibility to always confirm applicable licensing requirements with each service provider you talk to and the applicable state and local licensing authorities.
  • While information on the Site has been obtained from sources believed to be reliable, neither we nor the content providers warrant the accuracy of product content, or other data of any nature contained on this website. Neither we nor the content providers guarantee that the content on this Site covers all possible uses, directions, precautions, or adverse effects that may be associated with any energy-related product.
  • Thesolarinstitute.org AND OUR SPONSORS AND LICENSORS MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) RELATING TO (1) ANY RECOMMENDATIONS/REFERRALS PROVIDED TO YOU VIA THE SITE AND (2) ANY PRODUCTS OR SERVICES PROVIDED BY ANY OF OUR RECOMMENDED PARTNERS, INCLUDING WITHOUT LIMITATION, SOLAR ENERGY PROVIDERS, ENERGY CONSULTANTS OR HOME IMPROVEMENT SERVICE PROVIDERS.

(13) USERS UNDER AGE 13

It is our policy that visitors to the Site who are under the age of 13 should not post or provide information on the Site without the consent of their parents. The Child Online Privacy and Protection Act (COPPA) regulates online collection of information from persons under the age of 13. It is our policy to refrain from knowingly collecting or maintaining personal information relating to any person under the age of 18. If you are under the age of 18, please do not supply any personal information through the site. If you are under the age of 18 and have already provided personal information through the site, please have your parent or guardian contact us immediately, so that we can remove such information from our files. You may contact us at the address below.

(14) SECURITY

We use reasonable security measures that are designed to protect personal information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please note, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any personal information or other information. You transmit personal information to us at your own risk.

(15) LIMITATION OF LIABILITY

YOUR USE OF THE SITE IS AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS OR SERVICES PROVIDED BY ANY OF OUR RECOMMENDED PARTNERS. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, Thesolarinstitute.org AND OUR SPONSORS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM THE USE OF ANY RECOMMENDATIONS/REFERRALS PROVIDED THROUGH THE SITE OR FROM THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED BY ANY OF THE REFERRED PARTNERS, INCLUDING WITHOUT LIMITATION ANY SOLAR ENERGY PROVIDERS, ENERGY CONSULTANTS OR HOME IMPROVEMENT SERVICE PROVIDERS.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF Thesolarinstitute.org AND OUR SPONSORS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO Thesolarinstitute.org.

(16) INDEMNIFICATION

You agree to indemnify and hold harmless Thesolarinstitute.org, its affiliates, its officers, directors, agents and employees against any asserted claims or suits made by any third party or any regulatory action brought by any entity, for any and all damages, losses, judgments, suits, claims or liabilities (including but not limited to reasonable attorneys’ fees) arising from or relating to: (i) any actual or alleged breach of these terms by you (ii) any content, data or material that you submit, post or otherwise provide to Thesolarinstitute.org.

(17) CHOICE OF LAW & LEGAL FORUM

These Terms, Privacy Policy and your use of the Site, including all claims or causes of action (whether in contract or tort) that may be based upon or arise out of or relate to the Terms, Privacy Policy and your use of the Site, will be governed by California law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms and the Privacy Policy or your use of the Site will lie in the State and Federal courts located in the State of California, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms of the Privacy Policy will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms or the Privacy Policy to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

(18) ARBITRATION

Any controversy or claim arising out of or relating to (i) these Terms or the Privacy Policy, (ii) our use of your personal information, or (iii) your use of the Site, shall be resolved by arbitration in accordance with the rules of the J.A.M.S., and judgment upon an award arising in connection therewith may be entered in any court of competent jurisdiction. Any arbitration, mediation, court action, or other adjudicative proceeding arising out of or relating to this Agreement shall be held in Los Angeles County, California, or, if such proceeding cannot be lawfully held in such location, as near thereto as applicable law permits. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with (i) these Terms or the Privacy Policy, (ii) our use of your personal information, or (iii) your use of the Site, must be filed within one (1) year after such claim or cause of action arose or be forever banned.

(19) ENTIRE AGREEMENT

These Terms and the Privacy Policy contain the entire agreement between the parties and supersedes all previous agreements and proposals, oral or written, and all negotiations, representations, warranties, conversations, or discussions between the parties relating to your use of the Site. You acknowledge that you have not relied on any representations or statements by Thesolarinstitute.org not included in these Terms and Privacy Policy. The Terms and the Privacy Policy may only be amended in a writing signed by Thesolarinstitute.org.

(20) UPDATES TO THESE TERMS

We may occasionally update the Site and these Terms. When we do, we will revise the “last updated” date on these Terms. You should check this Site and these Terms frequently to see recent changes. The then-current version of these Terms will supersede all earlier versions.

(21) CONTACTING US

If you have any questions or concerns about the Site or these Terms, you may contact us us or mail us at:

Custom Media
818 5th Ave
San Rafael, CA, 94901

Last Updated November 1, 2015.

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