Last Modified: May 7, 2022

Introduction

The website http://www.thosesolarguys.com/, owned and operated by Those Solar Guys, LLC (“Company”) is dedicated to protecting your personal information and informing you about how we use your information. This privacy policy applies to your use of the Company website and all other related services (collectively the “Site”). This Privacy Policy should be read in conjunction with the Terms of Use and is integrated into the Terms of Use. All capitalized proper nouns not defined in this Agreement will have the same definitions and meanings as defined by the Terms of Use. Please review this Privacy Policy periodically as we may revise it from time to time. If you do not agree with or accept our Privacy Policy in its entirety, you must not access or use the Site. If you use the Site following a change to the terms of this Privacy Policy you agree to accept the revised policies.

USER AGREEMENT

By using this Website, you agree to be bound by and to comply with these Terms and Conditions and the posted Privacy Policy which is incorporated herein as though fully set forth herein. Upon entering the requested information, our technology will forward your information to one of our participating providers or to an aggregator and their providers who may contact you regarding your request for services or products. This may be done automatically and a new window may appear or the provider may contact you directly by telephone, email or mail as set forth below. WE ARE NOT RESPONSIBLE FOR ANY ACTIONS AFTER YOU HAVE LEFT THIS WEBSITE. UPON ENTRY INTO AN PARTICIPANT'S WEBSITE LINKED TO THIS WEBSITE, YOU SHOULD CAREFULLY REVIEW THE Privacy Policy AND TERMS AND CONDITIONS OF USE OF THAT WEBSITE BEFORE ENTERING ANY PERSONAL INFORMATION AS THOSE POLICIES AND TERMS WILL DIFFER FROM THESE. In order to provide you the services you have requested, you are expressly giving your permission to provide any information collected on this Website to third parties. As such, you are expressly giving your permission for such third parties to contact you by mail, email, text messaging or telephone. By registering and using this Website, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List (or a state do-not-call) list you have authorized us to contact you via telemarketing in accordance with the ATSR. Moreover, by registering with, or requesting information from, a third-party provider at or through the Website or other advertising media made available by us (e.g., email marketing), you agree that such action shall constitute a purchase, an inquiry and/or an application with the respective third-party provider for purposes of the ATSR and you may be contacted via email, direct mail and/or telemarketing by such third-party provider in accordance with the ATSR. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the Website, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Website and you may opt-out using the method given below. You further represent and warrant that: (i) You are at least 18 years of age and possess the legal authority to enter into an agreement and to use the Website in accordance with these Terms and Conditions; (ii) All information supplied by you is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited); (iii) You understand and agree that Company may share personally identifiable information and other information provided by, and aggregated information about you and other users with its vendors, sponsors, providers, service providers and marketers, lookup and reference services, other unaffiliated third parties, and other entities that Company believes are able to provide its Website users with offers and opportunities, as more fully described in the Company's posted Privacy Policy (iv) You understand that abuse of this Website may result in your being denied access to such Website, as determined by Company in its sole discretion; (v) You understand and agree that Company controls only the landing page and intake forms on this Website. Upon entry of the requested information, a participating Provider will be contacting you directly to provide you with information regarding their services. Company shall not be responsible for any Provider or aggregators contact with you or any subsequent agreement you may enter into with such Provider or aggregator; and (vi) Your use of the Services on this Website is subject to all applicable federal, state and local laws and regulations; (vii) You also give us permission to send you periodic updates of services and products which may be of interest to you through email, mail, or telemarketing; You understand that our providers may maintain the information you submitted to us whether you elect to use their services or not. In the event you no longer want to receive communications from one of our providers, you agree to notify the partner directly.

SERVICES

The Website is an online network marketplace. You understand and agree that if you submit a request through the Website, we will share your personal information (such as your full name, address, telephone number, and financial information) with participating providers in our network to process and fulfill your request. You understand and agree that we are not a solar installer, manufacturer or undertake a credit analysis or make credit decisions in connection with the Service and that we are not a party to any agreement that you may make with any participating service provider whom you choose to use or from whom you obtain a solar installation. The participating provider(s) with whom you contract to assist you is solely responsible for its services to you. You further acknowledge and agree that we are not acting as your agent or broker and are not recommending any particular service provider to you. Any compensation we may receive is paid by the participating service provider for advertising services we provide to them. We do not charge you a fee to use the Website. You understand that the requirements for a particular service are made by the participating service providers and we do not endorse, warrant, or guarantee the products or service provider or installer. Nothing contained in this Agreement shall constitute an offer or promise for a loan commitment or solar installation. You agree that we shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the service provider's services. You also give us permission to send you periodic updates of services and products which may be of interest to you. Please note that information we provide you either on the website or by email may not be used as the sole basis for your decision to retain a particular service provider, and their services may not meet your particular needs. Please seek the advice of an appropriate professional for an assessment of the loan information provided by the lender.

REJECTION, TERMINATION AND CANCELLATION

Company or its participating service provider may reject any registration or subsequent application from any person with or without cause at their sole discretion. Your status as a registered user creates only a customer relationship with Company and does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship. You may cancel your request at anytime by sending an e-mail to

[email protected]

PROHIBITED USER CONDUCT

A. You are prohibited from any conduct that, in Company's sole discretion, restricts or inhibits any other user from using or enjoying the Website or any linked Website. You are prohibited from accessing or attempting to access private areas of the Website or any other user's information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.

B. You are prohibited from using any data, content, and any information provided or used on the Website, as well as your use of our Website, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without the prior express written authorization of Company; Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Website content; or except as otherwise expressly permitted on the Website, use any information you may obtain from the Website (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.

MARKETING MATERIALS

By signing up at the Website, you are giving your consent to receive promotions or newsletters from Company, our affiliates and/or third-party marketers. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from Company alone, you may simply use our convenient Opt-Out Page located at the bottom of the first page of the Website. Please note that exercising an opt-out mechanism only applies to the company with which you exercised that right.

THIRD PARTY CONTENT/PROMOTIONS, THIRD PARTY PRODUCTS, AND THIRD PARTY WEBSITE ACTIVITIES

The Website may display and make available content, promotions, advertisements, and offers provided by third parties ("Third Party Promotions"), as well as goods and services offered by third parties ("Third Party Products"). You understand and agree that Company shall not be responsible and shall have no liability for any Third Party Promotion or Third Party Product or for your activities on any third party Websites for whom Company displays offers ("Third Party Website Activity"), and that you participate in or choose to click on a Third Party Promotion, purchase and/or use a Third Party Product, or participate in a Third Party Website Activity solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion, Third Party Product or Third Party Website Activity will be with the applicable Third Party offering the Third Party Promotion, Third Party Product or Third Party Website Activity and that you shall have no remedy against Company arising from your use of or participation in, or inability to use or participate in, any Third Party Promotion, Third Party Product or Third Party Website Activity.

RELATIONSHIP WITH MARKETING PROVIDERS

This is an independent Website and is not affiliated with any of the listed products or services. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by this Website. Furthermore, participating service providers are independent third parties and this Website is not acting as a principal, agent or broker with respect to any providers.

Information Collected

At Company, we collect personally identifiable information (“PII”) and non-personally identifiable information (“Non-PII”) from you. Personally identifiable information is information that can be used to identify you personally. Non-personally identifiable information is information that must be combined with other information to identify you personally.

Personally Identifiable Information Collected

Personal information is information that identifies you as an individual, such as your name, mailing address, e-mail address, telephone number, and fax number. We may collect personal information from you in a variety of ways:

When you send us an application or other form

When you conduct a transaction with us, our affiliates, or others

When we collect information about in you in support of a transaction, such as credit card information

In some places on this Site you have the opportunity to send us personal information about yourself, to elect to receive particular information, to purchase access to one of our products or services, or to participate in an activity.

Utility usage information

While it may not be personally identifiable in nature, we may collect certain information about your electric utility usage in order to find out if you qualify for the products and services advertised on the Sites.

Non-Identifying Information

Non personal information is information that cannot identify you. Whenever you use our website, we may collect Non-PII from you, such as your IP address, zip code, gender, browsing history, search history, and registration history, interactions with the Site, usage information, location, referring URL, browser, operating system, data usage, data transferred, and Internet service provider. We may also collect information including but not limited to postings you make on the public areas of our website, messages you send to us, and correspondence we receive from other members or third parties about your activities or postings.

Use of Your Information

Some of your information will be visible to us or other users of the Site to facilitate communication. We use various tracking mechanisms to track the use of customers on our Site. We will never sell your information without your permission; however you agree that we may use your information in the following ways:

To provide any services offered and to operate the Company Site.

To enhance or improve our users’ experiences.

To contact you via email or other electronic communications where you have an inquiry.

To notify you of additional Company updates.

To share your information with third party partners or third parties hired by us to perform functions, market additional products and services, and provide services to us subject to the obligations consistent with this Privacy Policy and on the condition that the third parties use your information only on our behalf and pursuant to our instructions.

Personal information is used to primarily contact you to receive a free roof analysis, answer questions about solar energy, provide a detailed quote if requested, or any other matter related to marketing solar energy. Methods we, or a third party affiliate, may use to contact you are via: phone call, e-mail, telephone auto-dialing system, or SMS/MMS messaging, by Company or one of its affiliate(s) or marketing partners, including but not limited to:

Those Solar Guys, LLC

You may opt out of receiving communications at any time by contacting Company, Company email, or any of its marketing partners or affiliate(s)

[email protected]

Personal information collected online may be combined with information you provide to us through other sources We may also remove your personal identifiers (your name, email address, etc.). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information. Finally, we may use your personal information to protect our rights or property, or to protect someone’s health, safety or welfare, and to comply with a law or regulation, court order or other legal process.

Accessing, Editing, and Removing Your Information

If you have any questions or wish to review, change, or access any of your information collected by us, please contact us at

[email protected] Additionally, if you wish to opt out of our data collection practices or would like us to remove any of your information from our databases, please either follow instructions on the page of the web site on which you have provided such information or subscribed or registered or contact us. After you have canceled your account please be aware that we may keep inaccessible copies of your PII and non-PII subject to our data retention policies.

Cookies and Tracking

We may use cookies and related technologies, such as web beacons, to collect information on our website. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you register with us, a cookie helps the Company to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Company website, the information you previously provided can be retrieved, so you can easily use the features that you customized. A web beacon is a small graphic image that allows the party that set the web beacon to monitor and collect certain information about the viewer of the web page, web-based document or e-mail message, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small and invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to the web pages on the web site or to monitor how our users navigate the web site, and we may include web beacons in e-mail messages in order to count how many messages sent were actually opened, acted upon or forwarded.

Company and/or its marketing partners/affiliates also may use cookies on our web site. For instance, we may contract with our marketing partners/affiliates who will use cookies on our web site to track and analyze anonymous usage and volume statistical information from our visitors and members. Such information is shared externally only on an anonymous, aggregated basis. Marketing partners/affiliates use persistent cookies to help us to improve the visitor experience, to manage our site content, and to track visitor behavior. We may also contract with a third party to send SMS messages or e-mail to our users.

To help measure and improve the effectiveness of our SMS and e-mail communications, our marketing partners/affiliates set cookies. All data collected by our marketing partners/affiliates on behalf of Company is used solely by or on behalf of Company and is shared externally only on an anonymous, aggregated basis. From time to time, we may allow our marketing partners/affiliates to post advertisements on our website, and those our marketing partners/affiliates advertisements may include a cookie or web beacon served by our marketing partners/affiliates. This Privacy Policy does not cover the use of information collected from you by our marketing partners/affiliates and servers. We do not control cookies in such marketing partners/affiliates ads, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad. We will not share your personal information with these companies, but these companies may use information about your visits to this and other websites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you, and they may share your personal information that you provide to them with others.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Company websites you visit.

Third Party Access to Your Information

Although you are entering into an Agreement with Company to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others to allow you to access the Site.

Throughout the course of our provision of our services to you, we may delegate our authority to collect, access, use, and disseminate your information. It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

For instance, in the ordinary course of business we may share some personal information with companies that we hire to perform services or functions on our behalf. In all cases in which we share your personal information with a third party for the purpose of providing a service to us, we will not authorize them to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide.

We will not sell, exchange or publish your personal information, except in conjunction with one of our marketing partners or affiliate(s), including but not limited to:

Those Solar Guys, LLC

For some sorts of transactions, in addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect personal information directly from you to assist you with your transaction. We do not control how these third parties use such information, but we do ask them to disclose how they use your personal information before they collect it.

If you submit a review for a third party (person or business) using our Facebook Fan Review Application, during the submission process we ask your permission to gather your basic information (such as name and email address) which we then share with the third party for whom you are submitting the review. We may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation.

We may cooperate with law enforcement authorities in investigating and prosecuting web site visitors who violate our rules or engage in behavior, which is harmful to other visitors (or illegal). We may disclose your personal information to third parties if we feel that the disclosure is necessary to protect our rights or property, protect someone’s health, safety or welfare, or to comply with a law or regulation, court order or other legal process. As discussed in the section on cookies and other technologies, from time to time we may allow a third party to serve advertisements on this web site.

If you share information with the advertiser, including by clicking on their ads, this Privacy Policy does not control the advertisers use of your personal information, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad.

Law Enforcement

You agree that we may disclose your information to authorities if compelled to by a court order. Additionally, you agree that we may disclose your information if we reasonably believe that you have violated US laws, the terms of our Terms of Use or our Privacy Policy, or if we believe that a third party is at risk of bodily or economic harm. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you and release your information without receiving any request to third parties where we believe that it is proper to do so for legal reasons, where your actions violate any US laws or any other country having jurisdiction over us, our Site, or our Terms of Use. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants. We may release your information under the conditions listed in this paragraph whether it is to individuals or entities and to any state or federal authorities, as required.

Opt Out of Commercial, Non-Commercial Communications and Do Not Track

If you decide to provide us with your contact information, you agree that we may send you communications via text and emails. However, you may unsubscribe from certain communications by notifying Company that you no longer wish to receive these communications and we will endeavor to promptly remove you from our mailing list or communications once we have received that request. We currently do not offer functionality for you to opt out through “do not track” listings. If you wish to opt out of certain communications or information collection, please contact us at [email protected]

Third Parties

Company or other users may post links to third party websites on Site, which may include information that we have no control over. When accessing a third party site through our Site, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties. Company bears no responsibility for the information collected or used by any advertiser or third party website. You must review their electronic agreements and privacy policies to understand how their information collection practices work.

Security Measures

We have implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss, misuse, alteration, or destruction. Only authorized personnel and third party vendors have access to your personal information, and these employees and vendors are required to treat this information as confidential. Despite these precautions, we cannot guarantee that unauthorized persons will not obtain access to your personal information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.

Links

This Site contains links to other sites that provide information that we consider to be interesting. Company is not responsible for the privacy practices or the content of such web sites.

Public Discussions

This site may provide public discussions on various business valuation topics. Please note that any information you post in these discussions will become public, so please do not post sensitive information in the public discussions. Whenever you publicly disclose information online, that information could be collected and used by others. We are not responsible for any action or policies of any third parties who collect information that users disclose in any such forums on the web site. Company does not agree or disagree with anything posted on the discussion board. Also remember that you must comply with our other published policies regarding postings on our public forums.

Your California Privacy Rights

Company permits residents of the State of California to use its Site and complies with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. You must presume that we collect electronic information from all visitors. You may contact us at

[email protected] with any questions.

Age Compliance

We intend to fully comply with American and international laws respecting children’s privacy including COPPA. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18 and using our Site, please stop immediately and do not submit any information to us. In the event that you become aware that we have inadvertently collected any information from users under the age of 18, please contact us immediately.

International Transfer

Your information may be transferred to - and maintained on - computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. PII and Non-PII that are submitted to Company will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and this policy. If you are a non-U.S. user, you acknowledge and agree that the Company may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries.

Merger and Acquisition

In the event that Company is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.

DISCLAIMER OF WARRANTIES

Except as expressly set forth herein, Company is not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in connection with the Website or the products or services provided on or through the Website, or by any technical or human error which may occur in the processing of information received by Company. Company assumes no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Website. Company is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from use of the Website or Website Content.

THIS WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COMPANY, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, ADVERTISERS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY

IN NO EVENT WILL COMPANY, ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, PROVIDERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT.

INDEMNITY

You agree to defend, indemnify and hold Company, its parents, subsidiaries, partners, agents, affiliates, licensors, providers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys fees, arising in any way from, in connection with or as a result of your use or inability to use the Website and or Website Content, any information provided to you by the Website, or any violation of these Terms and Conditions by you.

YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES; "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

RELEASE

YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.

DEALINGS WITH THIRD PARTIES

Your correspondence or business dealings with any third parties as a result of your use of this Website and participation in the Service, including, but not limited to, business dealings with service providers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such a third party on the Website.

DISPUTE RESOLUTION

This Agreement will be interpreted in accordance with the laws of the State of Utah, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within thirty (30) days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA"). Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys fees (including fees for the value of services provided by in house Provider) shall be awarded to the prevailing party in such arbitration.

RIGHT TO OPT OUT

If you do not wish to be bound by this arbitration clause, you must notify the Company in writing within 60 days after signing this Agreement or your rejection of arbitration will not be effective. You must send your request to:

[email protected] Your request must include your telephone number(s) and a clear statement of your intent, such as "I reject the arbitration clause stated in the Company's Website Terms and Conditions."

WAIVER AND SEVERABILITY OF TERMS

The failure by Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Company and governs your use of the Website and Service, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase other Company services, affiliated services, third-party content or third-party software.

STATUTE OF LIMITATIONS

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

ADVERTISING DISCLOSURES

Typical bill savings estimates are based on 20-year savings with a 5kW solar system. These estimates assume a utility inflation rate of 2.2% and assume 84% percent of needs are met by solar panels. The electricity rates used are state averages as of September of 2016 (according to EIA). Ownership of the solar system and panels is also assumed. Typical savings may vary according to roof, shading, and other home properties.

A consumer's eligibility to have the costs of their solar installation covered in their state will depend on their tax liability. The Federal ITC is a 26 percent tax credit (as of 2022) on residential (under Section 25D) and commercial (under Section 48) properties that is available in states across America (see https://www.seia.org/initiatives/solar-investment-tax-credit-itc). The average cost of installing solar in terms of labor is around 10% of system costs* and can vary by state, project scope, and installation company. In most cases, a consumer will have more than enough credit to cover the cost of their solar installation provided they have enough tax liability to take advantage of the ITC.

*A typical or average size of a solar system is about 5kW (about 15-25 panels) and typically costs around $30,000. This amount can vary tremendously by state and the project scope. The Lawrence Berkeley National Laboratory (LBNL) estimates that the average cost of labor for a solar project is around $0.59/W, which is generally around 10% of the total cost to install a solar system (assuming a solar system and installation cost of $6.19/W). This means that the average cost to install a typical-sized solar system should be around $3,000. These estimates are subject to change as technological breakthroughs are constantly bringing the cost of solar lower and lower.

A consumer's eligibility to get paid to install solar will also depend on rebates and incentives available in their state, their utility company, and tax liability. Eligible users can receive payments in the form of $/watt of solar installed (depending on their utility provider), in the form of a monetary payment for projects that are within a certain scope, in the form of monetary compensation, or otherwise, from utility providers that offer net metering programs, or in the form of a credit on your income taxes (provided you have enough tax liability to take advantage). All payments are subject to terms, eligibility, and availability and can change over time.

Amendments

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