Welcome to the SOLARSITEDESIGN.COM website (the “Website”). This Website is provided to assist solar originators in gathering Homeowner, Commercial and Municipal property information to determine the availability of Solar Installation services and quotes between the fulfillment (developer) company and the project host. This Website is provided solely for current and potential solar originators to interact with Solar Site Design and may not be used for any other purpose, or used or reproduced by any other person or entity. The use of automated dial-in, inquiry, or screen-scraping devices, programs, or applications to obtain information through this Website is strictly prohibited. YOUR USE OF THIS WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF ALL THE TERMS, CONDITIONS AND NOTICES SET FORTH BELOW (COLLECTIVELY, THE “AGREEMENT”). BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE AGREEMENT. TO THE EXTENT YOU RESERVE AND BUY ANY PRODUCTS OR SERVICES ON THIS WEBSITE THROUGH OUR CALL CENTER, YOU AGREE THAT THIS AGREEMENT SHALL APPLY TO ALL SUCH TRANSACTIONS. PLEASE READ THE AGREEMENT CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE. BE SURE TO RETURN TO THIS PAGE PERIODICALLY TO REVIEW THE MOST CURRENT VERSION OF THE AGREEMENT.
1. Information You Provide. You agree to provide accurate and current information as prompted by the SolarSiteDesign.com site survey form and quick referral form. If you provide information that is inaccurate or not current, or Solar Site Design has reasonable grounds to suspect that such information is inaccurate or not current, Solar Site Design may reject syncing the project to the fulfillment company and suspend or terminate your use of this Website. In addition, if you do not provide accurate information, Solar Site Design and its affiliated partners reserve the right to refuse service or to request additional information. You agree not to submit any material that violates law or the rights of any third party or that is unreliable, incomplete, inaccurate, obscene, libelous, defamatory or otherwise objectionable. While Solar Site Design does not and cannot control any material provided by you or the Website’s other Members, Solar Site Design reserves the right to reject or remove any such material at any time with or without reason. You understand and acknowledge that you may be exposed to data and information that is inaccurate or that otherwise violates any of the standards set forth in these Terms of Service, and you hereby waive all legal or equitable rights or remedies you may have against Solar Site Design and hold Solar Site Design harmless with respect thereto.
2. Appropriate Use of Website. You agree that you shall not: (a) send spam or other unsolicited messages in violation of applicable laws; (b) send or store infringing, obscene, threatening, libelous, fraudulent, misrepresentative or otherwise unlawful material, or material that is subject to third party proprietary or intellectual property rights (unless you have express written and legally valid permission from their rightful owner); (c) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Website, or the materials contained thereon; (e) attempt to gain unauthorized access to the Website or the SolarSiteDesign.com system; (f) restrict or attempt to restrict or inhibit any other visitor from using the Website; (g) use the Website for any unlawful purpose; (h) express or imply that any statements you make are endorsed by Solar Site Design, without Solar Site Design’s prior written consent; (i) “Frame” or “mirror” any part of the Website without Solar Site Design’s prior written authorization; (j) harvest or collect information about Website visitors without their express consent; (k) direct link, inline link, deep link or otherwise hyperlink any page of the Website other than the home page; or (l) page-scrape, robot, spider, hack, password mine or use any automatic or manual program or process to access or use the Website or its content. Any attempted improper use or an attempt by you or on your behalf to deliberately damage or corrupt the Website or to use the SolarSite Design.com system or other services provided by Solar Site Design on the Website in violation of the above may violate criminal and civil laws. Should such an attempt be made, Solar Site Design, reserves the right to prosecute and seek damages from you to the fullest extent of the law.
3. Changes to the Website and Services. The content of this Website, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the “Content”) may be changed, deleted or updated from time to time without notice. Solar Site Design reserves the right to change any service offered, the features of any service offered, or these Terms of Service and Solar Site Design’s policies, at any time. Solar Site Design may discontinue, suspend or modify the Website at any time, and Solar Site Design may block, terminate or suspend your and any user’s access to the Website at any time for any reason in its sole discretion, even if access continues to be allowed to others.
4. Links to other Websites. Links on the Website allow you to visit and do business with third parties or affiliated partners of Solar Site Design. Neither these sites nor the companies to whom they belong are controlled by Solar Site Design. Solar Site Design makes no representations or warranties concerning the information provided or made available on such third party sites.
5. Solar Fulfillment Partners. Through its rigorous Membership Requirements process, which is designed to ensure that its solar fulfillment partners are reliable and responsible members of the Solar Site Design network, Solar Site Design has made every effort to determine the quality and acceptability of the products and services offered by its solar fulfillment partners. However, Solar Site Design does not make any representations or warranties regarding the correctness, performance or quality of any services provided by such our partners. You should independently research and assess the risks that may be involved in accessing and using any software or services before syncing projects to fulfillment partners. THE THIRD PARTY PROVIDERS OF SOLAR SYSTEM, SERVICES AND EQUIPMENT ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SOLAR SITE DESIGN. SOLAR SITE DESIGN ASSUMES NO LIABILITY WHATSOEVER FOR SUCH THIRD PARTY’S GOODS, SERVICES OR EQUIPMENT, INCLUDING LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A MOVING SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A MOVING SERVICE PROVIDER. SOLAR SITE DESIGN IS NOT RESPONSIBLE FOR INJURY, DAMAGE, DEATH, ACCIDENT OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, ACTS OF GOVERNMENT, WEATHER, TERRORISM, ACT OF GOD, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR CAUSES BEYOND SOLAR SITE DESIGN’S CONTROL.
6. Agreement between Fulfillment Partner and Solar Originator (Referral Agreement). The agreement between the Solar Fulfillment Partner and Solar Originator are solely between each party. Solar Site Design is not responsible for the agreement between the parties.
7. Data Sharing. You authorize Solar Site Design to sync data directly for the to the contracted fulfillment partner.
8. Disclaimer of Warranties; Limitation of Liability. USE OF THE WEBSITE AND ITS SERVICES ARE AT YOUR SOLE RISK. SOLAR SITE DESIGN DOES NOT WARRANT THE RELIABILITY, COMPLETENESS OR ACCURACY OF THE WEBSITE, ITS SERVICES OR ANY MATERIALS ON THE WEBSITE. THE WEBSITE, ITS SERVICES AND ANY MATERIALS ON THE WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY), ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. SOLAR SITE DESIGN’S TOTAL LIABILITY TO YOU (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE WEBSITE, ITS SERVICES OR ANY MATERIALS ON THE WEBSITE SHALL BE NO MORE THAN THE AMOUNT OF FEES PAID BY YOU TO SOLAR SITE DESIGN. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SOLAR SITE DESIGN BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF DATA). WITHOUT LIMITING THE FOREGOING, SOLAR SITE DESIGN SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM (1) YOUR INABILITY TO ACCESS OR USE THE WEBSITE AND ITS SERVICES AS THE RESULT OF ANY EVENT BEYOND THE REASONABLE CONTROL OF SOLAR SITE DESIGN (INCLUDING, WITHOUT LIMITATION, ANY PROGRAMMING ERROR, ANY VIRUS OR ANY DELAY OR FAILURE OF THE PERFORMANCE OF THE INTERNET) OR (2) ANY MATERIALS PROVIDED BY THE MEMBERS. SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO BE LIMITED. AS SUCH, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.YOU HAVE ACCEPTED THE ABOVE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AS PART OF A BARGAIN WITH RESPECT TO THE PRICING OF SOLAR SITE DESIGN’S SERVICES PROVIDED ON THE WEBSITE AND UNDERSTAND THAT THE PRICING WOULD BE HIGHER IF SOLAR SITE DESIGN WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF THAT STATED HEREIN.
9. Intellectual Property Rights. The Website involves the use of a computer system comprising content that is protected by copyright, trademark, trade secret, patent or other intellectual property rights laws. Solar Site Design retains all right, title and interest, including, without limitation, all intellectual property rights, in and to such content, and any portion thereof, including, without limitation, any copy or derivative work thereof (or any portion thereof). You shall not take any action to jeopardize, limit or interfere in any manner with Solar Site Design’s ownership of and rights with respect to the Website and the content, or any portion thereof, including, without limitation, any copy or derivative work thereof (or any portion thereof), and all intellectual property rights in and to each of the foregoing. You shall not directly or indirectly modify, translate, decompile, disassemble or otherwise reverse engineer, or determine or attempt to determine the source or executable code, or protocols of the computer programming, or create any derivative works based upon the content, and you shall not permit, authorize or assist anyone else to do so.
10. Indemnification. You agree to indemnify, defend and hold harmless Solar Site Design, its affiliates, and their respective directors, officers and employees from and against all claims, actions, demands, losses, liabilities, penalties, judgments, damages, costs and expenses (including reasonable attorneys’ fees and costs) resulting from (a) your access or use of the Website and its services and your account, whether or not authorized, (b) any and all material submitted by you to the Website and/or Solar Site Design, (c) your breach of any covenant, representation or warranty contained in these Terms of Service, and (d) your negligent or willful acts or omissions.
12. Export. You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you access the Website, including laws regarding access, use, export and import of any Content. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law.
13. Miscellaneous. Solar Site Design reserves the right to change these Terms of Service in whole or in part, at any time with or without notice. Such changes shall be effective when posted on the Website, and your continued access or use of the Website and its services shall be considered acceptance of such changes. Any contract or agreement for services that you may enter into by accessing and using this Website is solely between you and the other Member. Solar Site Design is not a party to any such contract or agreement, has no obligations under any such contract or agreement, and expressly disclaims all liability whatsoever arising out of, or in connection with, any such contract or agreement. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service. These Terms of Service constitute the entire agreement between you and Solar Site Design, and supersede all other written and oral communications or agreements, with regard to the Website and its services. Any waiver of these Terms of Service by Solar Site Design shall only be effective if in a writing signed by an authorized officer of Solar Site Design. Solar Site Design’s failure to act with respect to a breach of these Terms of Service by you or others does not waive Solar Site Design’s right to act with respect to subsequent or similar breaches. The Website is controlled, operated and administered by Solar Site Design from its offices in Nashville, TN. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Tennessee without regard to conflict of laws principles. Any claim or cause of action by you against Solar Site Design with respect to your access or use of the Website and its services or your account shall be brought in the federal or state courts of Tennessee within one (1) year after the claim or cause of action arises. Without limiting any other remedy under law, in equity or pursuant to these Terms of Service, you acknowledge and agree that Solar Site Design shall be entitled to seek injunctive relief or other equitable relief for any breach of these Terms of Service. If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law. Accessing or using the Website shall constitute effective execution and delivery by you of these Terms of Service. In any dispute between Solar Site Design and you relating to this Website or the services provided through the Website, the prevailing party will be entitled to attorneys’ fees, costs and expenses. The content of SOLAR SITE DESIGN.COM is protected by United States and international copyright, trademark and other laws. Copyright © 2015. All rights reserved. Specifically, Solar Site Design. does not convey to anyone, through allowing access to the Website, any ownership rights in the Website or in any Content appearing on or made available through the Website. By furnishing information on this Website, Solar Site Design does not grant any licenses to any copyrights, patents or any other intellectual property rights.
The “ Solar Site Design Service” means the website located at www.SolarSite Design.com and any associated mobile applications and Internet services under Solar Site Design's control, whether partial or otherwise, in connection with providing the services provided by Solar Site Design. The Solar Site Design Service provides an online platform to assist solar originators sync project data with contracted Fulfillment Companies.
“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
The Solar Site Design Service Collects Your Information
We collect Personal Information when you:
• Register to use the Solar Site Design Service;
• Post it to the Solar Site Design Service;
• Post a project quick referral or solar site survey; and
• Communicate with us.
• Solar Site Design may collect personally identifiable information, such as your name. Solar Site Design may also collect anonymous demographic information, which is not unique to you, such as your age, gender, household income and Financial status, Credit scores, Building details. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by Solar Site Design. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Solar Site Design website.
Solar Site Design encourages you to review the privacy statements of websites you choose to link to from Solar Site Design so that you can understand how those websites collect, use and share your information. Solar Site Design is not responsible for the privacy statements or other content on websites outside of the Solar Site Design website.
Use of your Personal Information
We use Personal Information to: provide and improve the Solar Site Design Service; and communicate with you. Solar Site Design does not sell, rent or lease its customer lists to third parties. We may use aggregate information for any purpose, including for marketing purposes.
Solar Site Design collects and uses your personal information to operate its website(s) and deliver the services you have requested to contracted fulfillment partners.
Solar Site Design may also use your personally identifiable information to inform you of other products or services available from Solar Site Design and its affiliates. Solar Site Design may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Solar Site Design may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. Solar Site Design may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Solar Site Design, and they are required to maintain the confidentiality of your information.
Solar Site Design will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Solar Site Design or the site; (b) protect and defend the rights or property of Solar Site Design; and, (c) act under exigent circumstances to protect the personal safety of users of Solar Site Design, or the public.
The Solar Site Design website may use "cookies" to help you personalize your online experience. 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 personalize Solar Site Design pages, or register with Solar Site Design site or services, a cookie helps Solar Site Design 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 Solar Site Design website, the information you previously provided can be retrieved, so you can easily use the Solar Site Design features that you customized.
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 Solar Site Design services or websites you visit.
Customer Support. We may collect Personal Information through your communications with our customer-support, marketing, and sales teams.
Cookies, Automatic Data Collection, and Related Technologies. The Solar Site Design Service collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics.
When you visit the Solar Site Design Service, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most but not all cookies expire (and are deleted from your computer browser) at the end of your session or within 24 hours. Most browsers allow you to block and delete cookies. However, if you do that, the Solar Site Design Service may not work properly.
By using the Solar Site Design Service, you are authorizing us to gather, parse, and retain data related to the provision of the Solar Site Design Service.
Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes and may provide it to third parties to allow us to provide the Solar Site Design Service. We may use and retain any data we collect to provide and improve our services.
Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance. You can opt out of receiving some of these email communications at any time by using the unsubscribe link within each email.
Solar Site Design May Disclose Your Information
We may share your information:
• with other customers as part of a review;
• with our third-party service providers;
• to comply with legal obligations;
• to protect and defend our rights and property; and
• with your permission.
We Collect Reviews. When you leave a review of a Solar Installer, we may share your name and other details of your project, such as size, date and locations, with other customers in order to allow them to make an educated decision about whether to work with a provider.
We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Solar Site Design Service.
Third Parties, at Your Request. We may share any information we receive with third parties, such as Contracted Fulfillment Solar Installers, when the Originator (referral agent) uploads data.
As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required by law or if those actions are reasonably necessary to:
• comply with legal process, such as a court order or subpoena;
• respond to claims that any content violates the rights of third parties;
• respond to your requests for customer service;
• respond to law enforcement;
• investigate and prevent unauthorized transactions or other illegal activities; or