Terms of Service
ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION, AND A WAIVER OF JURY TRIALS AND CLASS ACTIONS AS SET FORTH BELOW – PLEASE READ THESE SECTIONS CAREFULLY.
Terms of Service
Effective Date: January 1, 2020
Last Revised: November 1, 2020
ARBITRATION NOTICE: THESE TERMS CONTAIN PROVISIONS REQUIRING BINDING ARBITRATION AND A WAIVER OF THE RIGHT TO JURY TRIALS AND CLASS ACTIONS. PLEASE READ THESE SECTIONS CAREFULLY.
These Terms and Conditions (“Terms”) constitute a legal agreement between SolarLeadFactory LLC (“SLF” or “we” or “us” or “our”), as the owner of understandsolar.com and its sub domains and sub URLs (the “Website”), and you, as a user of the Website and/or our Services (“you” or “your”).
The Website and the Services are intended for use within the United States by residents of the United States.
Your visitation to the Website and use of the Website and Services mean you:
- agree, in connection with your use of the Services (including the features and functions made available to you), to comply with all applicable laws and regulations.
If you object to any of the terms or conditions of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Website or the Services in any way, you should immediately discontinue use of the Website; provided, however that you will still be bound by your obligations under these Terms, including any indemnifications, waivers, warranties, and limitations of liability.
By continuing to access and use the Website and/or the Services, you represent and warrant that you have the capacity to enter into, and agree to, this Agreement relating to the Services. The Services are only intended for use by persons 18 years of age and over, or those between 16-17 years of age who have legal parental or guardian consent and are fully able to enter into and to comply with this Agreement. Before using the Services, you confirm to us that you: (a) are 18 years of age or over, or (b) if you are 16 or 17 years of age, you possess legal parental or guardian consent and are fully able to enter into and to comply with this Agreement.
It is your responsibility to periodically review these Terms. We reserve the right, at any time, to change this Agreement and the Terms herein or the contents of the Website, in whole or in part, at any time for any reason by publishing notice of such changes on the Website. Any use of the Services by you after SLF’s publication of any such changes will constitute your acceptance of these Terms, as modified. For this reason, we encourage you to periodically visit the website and review the terms and conditions of this Agreement. You agree that SLF is permitted to access and use any other information provided by you to perform the Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Services provided to you by the SLF. We reserves all rights afforded by the laws of the state of Wyoming, and of the United States, and specifically reserves our rights, claims, and defenses for any omission from the contents of this notice to you and all other users of the Website and Services.
We may terminate your or any other participant’s use of the Services and destroy any data associated with you (or such other user) within the Services if we deem that the participant has not observed these Terms or for any other reason at our sole discretion. Accordingly, you agree that SLF may delete your data and all related information as well as any data used in connection with our Services. SLF may also prohibit your or any other participant’s further access to the Services, with or without prior notice.
Consent to Communications
By submitting information to this Website, you explicitly agree to be contacted by phone call, pre-recorded, and/or text message at the telephone or mobile number, that you have entered into the Website, by SLF and/or up to four (4) solar installers about their products or services. These calls/messages may be sent using automated telephone technology (including by use of auto-dialers and IVR), even if your telephone or mobile number is currently listed on any state, federal or corporate “Do Not Call” list. Message and data rates may apply. You are not required to give your consent here as a condition of any purchase.
Limited License to Use the Website and Services
You have a limited, personal, non-commercial, revocable, non-exclusive license to access and use the Website and the Services as described here. By accessing or using the Website or the Services, you represent and warrant that: (a) you are at least 18 years old (or at least 16 years old with legal parental or guardian consent); (b) you have not violated and will not violate these Terms; (c) you have not previously been suspended or removed from the Service; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; and, (e) you are not a competitor of SLF and are not using the Services for reasons that are in competition with SLF or other than for the Services’ intended purpose.
You may not use the Website or Services for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You may not use the Website or the Services for competitive reasons or to resell or redistribute the Website’s content without our prior express written consent. You may not attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website without prior express written consent of SLF.
You may not use the Website to obtain or attempt to obtain through any means any materials or information on the Website that has not been intentionally made publicly available either by public display on the Website or through accessibility by a visible link on the Website. You may not use the Website in a manner that would violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems, or networks connected to any server associated with the Website, through hacking, password mining or any other means.
You may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity in your use of the Website or our Services. You attest that any personal information you provide to us through the Website or the Services is correct and complete. If we determine in our sole discretion that information that you provide through the Website or the Services is not accurate or complete, then we are entitled to delete your data and prohibit your further use of the Services.
You may not interfere with, attempt to interfere with or otherwise disrupt the proper working of the Website, any activities conducted on or through the Website or any servers or networks connected to the Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Website.
You acknowledge and agree that you will not post or transmit to the Website any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. You so acknowledge and agree notwithstanding the fact that SLF or other parties may be involved in creating, producing or delivering the Website, may monitor or review transmissions, postings, or discussions. SLF assumes no responsibility or liability which may arise from such content by you, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
Disclaimer of Warranties
THE SERVICES (INCLUDING USE OF THE WEBSITE) ARE PROVIDED “AS IS” AND UNDER THESE TERMS AND CONDITIONS, SLF IS NOT SUBJECT TO WARRANTIES, EITHER IMPLIED OR EXPRESSLY STATED (OF ANY KIND), INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES WITH REGARD TO SUITABILITY, MERCHANTABILITY, FOR A SPECIFIC PURPOSE AND/OR VIOLATION.
YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. SLF MAKES NO WARRANTIES OR GUARANTEES THAT THE WEBSITE OR THE SERVICES WILL BE WITHOUT ERROR OR NOT BE INTERRUPTED. YOU AGREE THAT YOU BEAR RESPONSIBILITY FOR ANY DAMAGES INCURRED AS A RESULT OF YOUR USE OF THE WEBSITE OR ANY OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND THE SERVICES ARE PROVIDED TO PARTICIPANTS ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS.
Third-Party Services Disclaimer
ANY COMMUNICATIONS, TRANSACTIONS, OR DEALINGS BY YOU WITH THIRD-PARTIES AND THEIR SERVICES ARE NOT THE RESPONSIBILITY OF SLF (INCLUDING, BUT NOT LIMITED, TO ANY SERVICES USED BY SPONSORS, AFFILIATES, CO-REGISTRATION, AND INTEGRATED CONTENT). YOU AGREE THAT SLF IS NOT LIABLE IN ANY WAY FOR DAMAGES OR COSTS AS A RESULT OF ANY OF YOUR USAGE OF THIRD-PARTY SERVICES, INCLUDING, WITHOUT LIMITATION, FEES ASSOCIATED WITH TELECOMMUNICATIONS, SURCHARGES, REGISTRATION FEES, AND SUBSCRIPTION CHARGES, AS WELL AS ATTORNEYS’ FEES AND COURT EXPENSES INCURRED AS A RESULT OF LITIGATION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SLF BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF SLF HAS BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES TO COMPUTER HARDWARE, SOFTWARE FAILURES, DATA FAILURES, LOSS OF PROFITS, DAMAGE TO GOODWILL, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, DAMAGE AS A RESULT OF ACTS OF GOD, OR OTHER LOSSES.
UNDER THESE TERMS, YOU AGREE TO THE STATED PROVISIONS AND ASSUME THE RISK FOR USE OF THE WEBSITE AND THE SERVICES. THE LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, AND OTHER CLAUSES DISCLAIM ANY RESPONSIBILITY OF SLF FOR DAMAGES INCURRED. ALL PROVISIONS STATED IN THESE TERMS AND CONDITIONS ARE INDEPENDENT OF OTHER PROVISIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF SLF.
You agree to indemnify and hold harmless SLF, its affiliates, its officers, directors, agents and employees, as well as any third parties involved in the Services provided to you, 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 or liabilities (including but not limited to reasonable attorneys’ fees) arising from or relating to: (i) any actual or alleged breach of this Agreement by you; (ii) any content, data or material that you submit, post, transmit, or otherwise provide to the Website (or to SLF or its partners) or on This Website; (iii) your conduct in connection with the Services or our users; (iv) your violation of any of the terms of this Agreement; (v) your violation of any rights of a third party; or, (vi) your violation of any applicable laws, rules, or regulations.
Links to Other Websites
You acknowledge and agree that although the Website may be linked to other websites, SLF neither directly nor indirectly expresses or implies any approval, association, sponsorship, endorsement or affiliation with any linked website, unless otherwise specifically stated in the Website. SLF has not reviewed all websites linked to the Website, is not responsible for the content of any other website linked to the Website, and makes no representations or warranties whatsoever as to the content or information contained on such websites. Any use of links by you to any other websites is at your own risk.
Binding Arbitration, Class Action / Jury Trial Waiver, Choice of Law
Agreement to Arbitrate
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US (OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS) ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION BY A SINGLE ARBITRATOR, EXCEPT AS SET FORTH UNDER EXCEPTIONS TO AGREEMENT TO ARBITRATE BELOW. THIS INCLUDES DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS “BINDING ARBITRATION AND CLASS ACTION / JURY TRIAL WAIVER” SECTION, INCLUDING ITS ENFORCEABILITY, REVOCABILITY, OR VALIDITY.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. This Section is subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this section shall be deemed to prohibit us from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve our or our licensors’ rights in and to intellectual property or confidential information.
You agree that any claim or cause of action arising out of or related to this Agreement or your use of the Services must be filed within two (2) years after such claim or cause of action arose or be forever barred. The provisions of this section will survive termination of the Agreement.
Arbitration Procedures and Fees
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes by a single arbitrator. The arbitration will be held in Boston, Massachusetts), United States or any other location we and you agree to. The AAA rules will govern payment of all arbitration fees.
Waiver of Jury Trial
EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OF THE SERVICES (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
Waiver of Class Actions
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
If this specific paragraph is held unenforceable, then the entirety of this “Binding Arbitration and Class Action / Jury Trial Waiver” section will be deemed void.
Application of Laws
You acknowledge and agree that, although the information and materials on the Website website may be read throughout the world, the Website is designed and intended for use in the United States and your use of the Website will be construed and evaluated according to the laws of the United States. If you access the Website from another country, You are responsible for compliance with any and all applicable local laws. If the information and materials in the Website do not conform to the laws of the country where you access the Website, the information is not meant for you. This Website makes no representation that the information and materials contained in the Website are appropriate outside the United States. You agree that in the event that any dispute arises under this Agreement or your other use of the Website or the Services, the laws of the State of Wyoming shall apply without resort to its choice of law provisions or rules. You also agree to submit to the personal jurisdiction of the state and federal courts located in Boston, Massachusetts and further agree that the state and federal courts located in Boston, Massachusetts shall be the exclusive venue for the resolution of any dispute between SLF and you that is not subject to binding arbitration.
Exceptions to Agreement to Arbitrate
Either you or SLF may assert claims, if they qualify, in small claims court in the County of Suffolk, Massachusetts, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights), without first engaging in arbitration. If the agreement to arbitrate is found not to apply to you or your claims, you agree to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts to resolve your claim.
Secure Server Pages / Online Application Pages
Some of the pages on the Website used for you to provide information to us are certified as Secure Sockets Layer (SSL) pages as designated. We appreciate the importance of providing a secure environment on the Website and will take all reasonable and customary steps to protect the information you provide. Please use all means to protect your personal information, particularly if you are using a shared computer.
Intellectual Property Ownership
All information and content contained on or in the Website, including but not limited to text, images, video, audio and data are owned by and proprietary to SLF, its vendors and/ or licensors, and are protected by applicable copyright, trademark and trade secret laws. All rights not expressly granted by this Agreement are reserved solely to SLF, its vendors and/ or licensors. Except as otherwise specifically stated in this Agreement, you may not duplicate, display, distribute, sell, resell, reverse engineer, disassemble, decompile, make derivative works, or other use the information or content of the Website. Any unauthorized use by you may subject you to penalties or damages. SLF will enforce its intellectual property rights to the full extent of the law. Your use of the Serviced is for your own personal use, and any sharing of your account information, login, passwords, or the information, content and data provided by the Services, with any other person, firm or entity is strictly prohibited.
Digital Millennium Copyright Act
We are committed to full compliance with the Digital Millennium Copyright Act of 1998, as amended (“DMCA”). If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and in a way that may constitute copyright infringement, you may provide notice of your claim to us, as set forth in the DMCA.
For your notice to be effective, it must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The foregoing information must be submitted to us at the following address:
Office: 30 N Gould St Ste R, Sheridan, WY 82801
Email: info [at] solarleadfactory [dot] com
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If your user content or other information has been affected by reason of a notification under the DMCA (or you believe that your material has been mistakenly removed or disabled otherwise), you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that your user content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.
To file a counter-notification with us, you must provide us, at the contact information listed above, with a written communication sent to us that sets forth the following items:
1. An identification of the URLs or other unique identifying information of material that we removed or to which we have disabled access;
2. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Boston, Massachusetts if your address is outside of the United States), and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person;
3. A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and,
4. Your physical or electronic signature.
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. No waivers or amendments shall be effective unless made in writing and signed by a duly authorized representative of SLF.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign this Agreement without the advance written consent of the other party, except that SLF may assign this Agreement without consent to an affiliate or in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all of its assets or voting securities. Any attempt to transfer or assign these Terms except as expressly authorized under this paragraph will be void.
No Agency Relationship Created
No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind SLF (or any of its related parties) in any respect whatsoever.
SLF shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SLF’s reasonable control. Neither you nor we shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party’s reasonable control.