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
This Website reserves the right to revise this Agreement and/or the contents of This Website at any time for any reason without notice. You further acknowledge and agree that You will be bound by any such revisions to the Agreement. For this reason, This Website encourages You to periodically visit the website and review the terms and conditions of this Agreement. This website reserves all rights afforded by the laws of the state of Wyoming, and of the United States, and specifically reserves its rights, claims, and defenses for any omission from the contents of this notice to users of This Website.
This Website’s Terms of Service
Secure Server Pages / Online Application Pages
Some of the pages requiring information are certified as Secure Sockets Layer (SSL) pages as designated. This Website appreciates the importance of providing a secure environment on its 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 This Website, including but not limited to text, images, video, audio and data are owned by and proprietary to This Website, 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 This Website, 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 This Website. Any unauthorized use by You may subject You to penalties or damages. This Website will enforce its intellectual property rights to the full extent of the law. Your use of the Service is for Your own personal use, and any sharing of Your account information, login, passwords, or the information, content and data provided by the Service, with any other person, firm or entity is strictly prohibited.
Use of This Website
You may not use This Website 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 This Website or any of its content for competitive reasons nor may You resell or redistribute This Website content without prior express written consent of management at This Website. 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 This Website, any data or content found on or accessed through This Website without prior express written consent of SLF.
You may not use This Website to obtain or attempt to obtain through any means any materials or information on This Website that has not been intentionally made publicly available either by public display on This Website or through accessibility by a visible link on This Website. You may not use This Website in a manner that would violate the security of This Website or attempt to gain unauthorized access to This Website, data, materials, information, computer systems, or networks connected to any server associated with This 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. You may not interfere with, attempt to interfere with or otherwise disrupt the proper working of This Website, any activities conducted on or through This Website or any servers or networks connected to This Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on This Website.
Telephone Consumer Protection Act Compliance
Digital Millennium Copyright Act
If You believe that Your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without Your authorization and is available on the Service in a way that may constitute copyright infringement, You may provide notice of Your claim to This Website Designated Agent listed below, as set forth in the Digital Millennium Copyright Act of 1998 (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 This Website 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.
If Your user content or other information has been affected by reason of a notification under the DMCA, 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 with a written communication sent to This Website’s Designated Agent identified above that sets forth the following items: 1. An identification of the URLs or other unique identifying information of material that This Website has removed or to which This Website has 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 San Francisco, California 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.
Use of this Site at Own Risk
You acknowledge and agree that Your use of the website and of the Service is at Your own risk and that neither This Website nor any other party involved in creating, producing, or delivering This Website, including the content and information contained in This Website, is liable for any direct, indirect, incidental, consequential or punitive damages, or any losses, costs, or expenses of any kind (including attorneys’ fees, and/or other fees or expenses ) which may arise, directly or indirectly, through the access to, the use of, or the browsing in this site or through Your downloading of any materials, text, data, images, video, or audio from This Website, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, or the failure of any Internet service provider.
No Warranty of Accuracy of Information
You acknowledge and agree that while This Website will make reasonable efforts to ensure that the content and information provided by the Service is correct and that even though the schedules, times, locations, entertainers, speakers, performers, and other information contained in This Website website are based upon current information, This Website cannot and does not guarantee the accuracy of the information and makes no warranties or representations as to its accuracy. ALL CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE AND/OR PROVIDED BY THE SERVICE ARE PROVIDED TO YOU “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
Limitation of Liabilities
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. IN NO EVENT WILL SLF’S LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO THIS WEBSITE (or $100, WHICHEVER AMOUNT IS HIGHER), REGARDLESS OF THE FORM OF CLAIM. YOU ACKNOWLEDGE THAT SLF DOES NOT GUARANTEE ANY WORK DONE BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY SLF OR THIS WEBSITE. YOU AGREE THAT THIS WEBSITE IS NOT LIABLE FOR ANY DAMAGE, LOSS OR JUDGMENT CAUSED BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY SLF OR THIS WEBSITE AND YOU WAIVE ALL SUCH CLAIMS AGAINST SLF AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES.
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 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 or otherwise provide to This Website (or to SLF or its partners) or on This Website; and/or (iii) any actual or alleged violation of any law or regulation.
Unlawful Content and Behavior
You acknowledge and agree that You will not post or transmit to This 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. Notwithstanding the fact that This Website or other parties may be involved in creating, producing or delivering This Website, may monitor or review transmissions, postings, or discussions, This Website assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.
Links to Other Websites
You acknowledge and agree that although This Website may be linked to other websites, This Website neither directly nor indirectly expresses or implies any approval, association, sponsorship, endorsement or affiliation with the linked website, unless otherwise specifically stated in This Website. This Website has not reviewed all websites linked to This Website, is not responsible for the content of any other website linked to This 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 and Class Action / Jury Trial Waiver
Agreement to Arbitrate. YOU AND SLF AGREE TO RESOLVE ANY CLAIMS RELATING TO THESE TERMS OR FROM THE SERVICES THROUGH FINAL AND 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.
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. The arbitration will be held in San Francisco, California (CA), United States or any other location we agree to. The AAA rules will govern payment of all arbitration fees.
Exceptions to Agreement to Arbitrate. Either you or SLF may assert claims, if they qualify, in small claims court in San Francisco (CA) 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 claim(s), You agree to the exclusive jurisdiction of the state and federal courts located in San Francisco, California to resolve your claim.
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. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or as a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. 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 This Website website may be read throughout the world, This Website is designed and intended for use in the United States and use of This Website by You will be construed and evaluated according to the laws of the United States. If You access This 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 This 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 This Website or the Service, 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 Wyoming and further agree that the states and federal courts located in Wyoming shall be the exclusive venue for the resolution of any dispute between This Website and You.
This Agreement is the entire agreement and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.
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 This Website.
If any part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect or nullify the remainder of this Agreement.
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.
Effective Date: January 1, 2020
Last Updated: January 1, 2020
If You have concerns or questions about privacy and the use of any personal information You may have entered into our website, contact firstname.lastname@example.org. You may have a right to delete Your personal Information that we have collected or otherwise received. Please read more about about your rights here or click here to opt-out online.
Collection of Information
Personal Information we may have in our possession about You.
In order to provide Services to You, which is the core purpose of Your using our website, we may from time to time collect personal information about You.
This personal information (“Information”) could be one or more of the following:
- Information that You specifically opt in to enter, such as Your name, e-mail address, postal address, phone number(s), utility company, utility bill information, property shading, property type, ownership, and/or other information provided to request quotes from one or more of our partner solar companies;
- If You choose to log in using a social media login account, such as Facebook, we could be given access to details of Your social media account;
- In order to provide You targeted location services, we may log and use Your IP address or details of the device, operating system or mobile network You are using to browse our site;
- Pixels are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage, or collect information for analytics. These cookies and tracking pixels may be disabled in Your browser. For information on this, search “disabling cookies” in Your browser help menu; and/or,
- We collect information from You and about Your device. This includes data about Your software, referrer browser, the operating system version You use when accessing our service, Your Internet Protocol address, precise geolocation information, unique device identifiers, and Your usage data (such as number of documents sent for eSignature, API usage, time spent on a URL, etc.). We also collect data related to eSignature transactions such as: names, addresses, email addresses and / or phone numbers of individuals who are a party to an eSignature request, and the events that occur as a user interacts with our Service while electronically signing documents (e.g. timestamp of when a document is sent, opened or submitted, when data is entered in a eld in a document, etc.).
- We may also use Your personal data to confirm information about Your home, phone number, and email address, to better ascertain whether or not You qualify for going solar. This information could include information about home type, home value, length of home ownership, title information, name/phone matches, and other information provided by third-party databases.
How we use Information about You.
We use the Information we collect to provide, maintain, and improve our Services. Specifically, we may also use the Information we collect to:
- Send You technical notices, updates, security alerts, support and administrative messages and to respond to any requests You may have;
- Communicate with You about products, services, offers, and events offered by understandsolarpower.com or solar companies listed on our site;
- Monitor and analyze trends, usage and activities in connection with our Services;
- Detect, investigate and prevent fraudulent information being entered in our site;
- Personalize services and information on pages of our website to suit Your needs and location; and
- Carry-out any other purpose described to You at the time the information was collected.
Additionally, we may also use Your personal data to confirm information about Your home, phone number, and email address, and to better ascertain whether You qualify for going solar. This information could include information about home type, home value, length of home ownership, title information, name/phone matches, and other information provided by third-party databases.’
How we share Your Information, including sales of Your Information.
- We may share information we receive about You with our service providers who need access to such information to provide Services to us on our behalf.
- We may also share (including sell) information (including Your name, e-mail address, postal address, phone number(s), utility company, utility bill information, property shading, property type, ownership, and/or other information) from comments that You have posted on our website, forms You have filled out, and other submissions, with our business partners, who may use those submissions for analysis and marketing purposes.
- We may disclose information if we have a good faith belief that we are required to do so to comply with the law or legal process, such as in response to subpoenas, courts orders, or requests by government authorities, law enforcement authorities, courts, or regulators, including lawful requests by public authorities to meet national security or law enforcement requirements.
- We may also disclose information if we believe Your actions are inconsistent with our user agreements or policies, or to protect the rights, property or safety of understandsolarpower.com, SolarLeadFactory LLC or others.
- As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses, or sell some or all of our assets. In such transactions, or during related negotiations, we may share (including sell) user information.
- We may share information between and among understandsolarpower.com, SolarLeadFactory LLC, and any current and future parents, affiliates, subsidiaries and other companies under common control or ownership.
Links to other websites.
Sharing/Selling Your personal information with third parties.
We sell the Information that You specifically opt in to provide to us, such as Your name, e-mail address, postal address, phone number(s), and/or other information provided, to third parties – generally, one or more of our partner solar companies – so that they can provide solar quotes and other related information to You. If You do not want Your personal information sold to a third party, read more about about Your rights here or click here to opt-out online.
Advertising tracking pixels and other personal information we receive from third parties.
Privacy Complaints / Deletion / Access Requests.
If You have a concern about Your Personal Information, direct such complaint through our online portal or by e-mail to email@example.com. If You feel that such complaint is not resolved appropriately, please refer to the binding arbitration provisions of the dispute resolution section of the Terms of Service.
You (or Your authorized representative) may free of charge have the right to (1) review what Personal Information we have collected or otherwise received about You in the 12 month period preceding the review request, and (2) have Your Personal Information deleted from our systems. With respect to deletion requests, if You provided Your Information to us to receive communications about products, services, offers, and events offered by understandsolarpower.com or solar companies listed on our site, please note that in all cases we will retain (and not delete) Your personal Information in our internal Do Not Call list.
Your personal information may also not be deleted by us if it is necessary for us to maintain Your personal Information in order to:
(1) Complete the transaction for which the personal Information was collected, provide a good or service requested by You, or reasonably anticipated within the context of our ongoing business relationship with You;
(2) Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
(3) Debug to identify and repair errors that impair existing intended functionality;
(4) Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
(5) To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business;
(6) Comply with a legal obligation;
(7) Otherwise use the consumer’s personal information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information; or,
(8) As otherwise permitted by law.
If You (or Your authorized representative) would like to review or delete Your personal Information in our records, please direct such request through one of the following methods:
- Our online portal by e-mail to firstname.lastname@example.org;
- Through the link provided at /opt-out/;
- By e-mail, to email@example.com; or,
- By calling, toll-free (855) 915-2876.
Upon verifying Your request and determining that You are entitled by law to the requested action, we will provide the information You (or Your authorized representative) have requested within 45 days. If we are not able to provide it within that period, we will notify You and provide it within 90 days of the initial request.
Cookies and Trackers.
Most web browsers are set to accept cookies by default. If You prefer, You can usually choose to set Your browser to remove or reject browser cookies, although some Services may not function properly if You disable cookies. Also, this site uses Google Analytics. To opt out of Google Analytics please visit www.google.com/settings/ads.
Office: 30 N Gould St Ste R, Sheridan, WY 82801
Phone: (415) 562-4985