PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms“) apply exclusively to your access to, and use of, the Solarhunch Web site owned and operated by InboundProspect, Inc. dba Solarhunch and located at www.solarhunch.com (the “Site“), and the information and other services provided therein (the “Services“). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Solarhunch or its subsidiaries or affiliates for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and Solarhunch for violations of these Site Terms.
Solarhunch reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Solarhunch will provide notice of these changes by posting the revised terms on the Site and indicating on the Site Terms the date it was last updated. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.
- Consent to Receive Emails
By using the Site, you consent to receive emails from us, which may include commercial emails.
- Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, Solarhunch logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials“) are the proprietary property of Solarhunch or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include or authorize: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any listings, pictures, profiles, ratings or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
- Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Solarhunch has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Solarhunch, its logo(s) and any other product or service name or slogan contained in the Site are trademarks of the Advisors or its clients, suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing Solarhunch or any other name, trademark or product or service name of ours without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Solarhunch and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Solarhunch, any of its products and services, or any solar company in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an Solarhunch logo or other proprietary graphic of ours to link to this Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Solarhunch trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Advisor or any third party.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Solarhunch provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Solarhunch of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
- Disclaimers and Acknowledgements Regarding Use of Site Information
THE SITE, THE SITE MATERIALS (INCLUDING ANY SOLAR COMPANY INFORMATION) AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS IN THE SITE. WE DO NOT REPRESENT OR WARRANT THAT SITE MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
While we endeavor to provide and to allow others to provide useful information regarding solar companies and related services, you acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that information may be incomplete or may contain inaccuracies (including without limitation any interpretations and reviews of such information and Site Materials), and that information on the Site may be outdated or contain errors, omissions or misinterpretations of information. You further acknowledge that a Solarhunch rating and other data, summaries or descriptions on the Site are based on the data obtained by or submitted to us, which may be incomplete or inaccurate, and rely on automated interpretations of the information gathered by or submitted to Solarhunch. A Solarhunch rating reflects our assessment of a given solar company based upon the information obtained by or submitted to us; someone else’s assessment of the same entity may be different or based upon different information. Neither a Solarhunch rating nor any of the other information contained on the Site are an endorsement of any particular solar company or are a guarantee of quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other characteristics, nor are they a predictor of the outcome of any matter in which such entity is involved. You agree to be solely responsible for your use of the Site and the Site Materials and for determining the suitability of, and the results obtained from, any solar company you contact.
Additional information about Site Materials, the sources of information displayed on the Site, and other important matters is contained within the Site, and you acknowledge and agree that your use of the Site, or of any information or features in or on the Site, is informed by and subject not only to these Site Terms but also by the information and explanation available on these pages.
WE ARE NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
We reserve the right to change any and all content contained in the Site and any services offered through the Site at any time without notice. Reference to any service providers or organizations, governmental entities, educational institutions, associations, organizations, publications, licenses, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Solarhunch.
- Limitation of Liability
IN NO EVENT SHALL SOLARHUNCH OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES OFFERED THEREON, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SOLARHUNCH OR THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SITE MATERIALS, SHALL NOT EXCEED ANY COMPENSATION YOU PAY TO US FOR ACCESS TO OR USE OF THE SITE, WHICH AMOUNT MAY BE ZERO.
- Third Party Content; Third Party Services
Solarhunch or Site users may provide links to Web pages and content of third parties as a service to those interested in such links and content, and we may post third party content or allow users to post their content or third party content to the Site (such content is collectively referred to as “Third Party Content“). We do not monitor or have any control over any Third Party Content or third party Web sites. We do not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein and undertake no responsibility to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk.
Solarhunch is an online resource for homeowners who are evaluating the costs and benefits of installing solar energy systems in their homes. Solarhunch provides homeowners with opportunities to contact solar energy system installers in order to receive information from them, including project proposals, estimates for installation and other professional services, and project financing. Solarhunch, in turn, may receive a fee from these solar energy system installers and financiers for providing them with the opportunity to respond to submitted requests (opportunities). Solarhunch does not charge homeowners a fee either to use the Site or any of the Services. Neither is Solarhunch itself a solar energy system installer, a contractor, a distributor, or broker of energy-related products. Under no circumstance will Solarhunch be liable in any way for services or products provided by third parties, including Third-Party Vendors, or for any loss or damage of any kind incurred as a result of the use of, or reliance upon, such products or services.
- Advertisements and Promotions
We may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Solarhunch, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not 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 advertisers on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to us, or any postings on the Site, are non-confidential and shall become our sole property. Solarhunch shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data“); (b) maintain the security of any password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us. In addition, you agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the Registration Data of any person other than you.
You agree to defend, indemnify and hold harmless Solarhunch, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any data or materials you post, store or otherwise transmit on or through the Site (“User Content”) or your use of or inability to use the Site or the services offered thereon, including without limitation any actual or threatened suit, demand or claim arising out of or relating to User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
- Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of California applicable to agreements made and to be entirely performed within California (even if your use is outside of California), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state and federal courts located in California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
Notwithstanding any of these Site Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site. We reserve the right to refuse service to anyone for any reason at any time.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
- *Best Deal Guarantee
Homeowner must first contact Solarhunch, execute a solar energy system installation contract with a Solarhunch solar company for homeowner’s residential property through Solarhunch, within five days from contract signing homeowner must present Solarhunch and said Solarhunch solar company with a bonafide comparison quote and contract at a lower total price with the exact same configurations and options for said homeowner’s residential property from a state licensed solar energy system installation company who has an “A+” rating with the Better Business Bureau and has been a current member of the Solar Energy Industry Association (SEIA) for at least the last two years. Said homeowner may not be employed by, contracted, associated or affiliated with a solar energy system installation company or received a solar energy system installation contract from a solar energy system installation company for said homeowner’s residential address within thirty days prior to contacting Solarhunch and executing a solar energy system installation contract with said Solarhunch solar company.
- *Top 1% Rated Solar Companies
“Top 1%” is the mark designated by Solarhunch to classify a select group of residential solar companies that have passed Solarhunch’s proprietary solar company screening criteria, which was designed to identify residential solar companies that have demonstrated exemplary performance in categories such as industry best practices, customer service, solar technology, financing, affordability, installation, service and product quality, warranties, maintenance, consumer reviews and ratings and other factors. At the time of selection, all Top 1% rated solar companies passed Solarhunch’s proprietary solar company screening criteria in the aforementioned categories. No guarantees or warrantees, expressed or implied, are made by Solarhunch on behalf of the Top 1% rated solar companies (reference Paragraph 7).
- Questions & Contact Information
All questions or comments about the Site or its contents should be directed to us by mail, phone or email.
610 Newport Beach Drive, Suite 600
Newport Beach, CA 92660
Date of Last Revision: May 9, 2016