Terms and Conditions
Welcome to the sungevity.com ("Sungevity") website (“the Website”). The following Terms and Conditions govern your use of this Website. Please take a few minutes to review them. They describe your rights and responsibilities and what you can expect from Sungevity as you use this Website. Your use of the Website constitutes your agreement to be bound by these Terms and Conditions as well as by the Microsoft Bing Maps and MapPoint Web Service Terms of Use, incorporated herein and set forth at: http://www.microsoft.com/maps/assets/docs/terms.aspx.
If you don’t agree with any of these Terms and Conditions, do not use this Website.
Sungevity reserves the right to change these Terms and Conditions at any time and without prior notice. As such, you should check these Terms and Conditions from time to time for changes.
We reserve the right to take steps to block access to our Website by any person or entity for any reason.
Copyright/Trademark Information
This entire Website, copy, images, logos, indicia, text, and all content therein is copyright 2008, 2010 Sungevity, Inc. All third-party trademarks appearing herein are hereby acknowledged. “Sungevity,” “Sunshine Online,” “Online Sunshine,” sungevity.com, Sungevity, Inc., any variation of them, and all other marks, and logos appearing within this Website are trademarks of Sungevity or third parties providers and may not be used without written permission.
Website Use Provisions
Permission to use documents delivered from this Website and/or Sungevity servers and related graphics is restricted. You may access, use and copy information and materials available through this Website only for purposes of considering and/or purchasing Sungevity products. That information and those materials, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use in creative work or to sell or promote other products or services. Violation of this policy may result in infringement of Sungevity’s or other third parties’ intellectual property and contractual rights which is prohibited by law and could result in substantial civil and criminal penalties.
When retrieving information from our Website, you are prohibited from (1) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser; (2) aggregating, copying or duplicating any of the materials or information available from the Website except for the reasonable amount of materials and information temporarily required for an ordinary single use of the site; or (3) accessing data not intended for such user.
Submissions
We welcome your comments regarding this Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Sungevity will be and remain Sungevity’s exclusive property. Your submission of any such Comments constitutes an assignment to Sungevity of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Sungevity will be entitled to use, incorporate, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
By registering with the Sungevity Website, you certify that the information you provide through registration is accurate and pertains only to you. You are responsible for maintaining the confidentiality of the password you’re assigned. Your password may not be shared with any other person.
Though we take commercially reasonable steps to protect the security of Sungevity systems, we don’t control all access channels to our Website. Accordingly, you acknowledge that any information you put into any field on the Website might be publicly accessible at any time during transmission. We are not liable for protection of privacy of any information transferred to us over the Internet until it enters our systems.
Communication from Sungevity
When you buy products from us, we reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if any time you tell us you don’t want to receive them, we’ll disable that functionality for your account. Each of these communications will contain a clear link to Unsubscribe. When you unsubscribe, we will remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date. To unsubscribe, email info@sungevity.com and put Unsubscribe in the subject line.
Site Display
We’ve done our best to display as accurately as possible the colors of the products shown on this Website. However, because the colors you see will depend on your monitor, we can’t guarantee that your monitor's display of any color will be accurate.
Correction of Errors and Inaccuracies; Limitations on Quantity
While Sungevity makes every reasonable effort to present accurate information on this Website, the information here may sometimes contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you (including after you have submitted an order). Such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted an order). We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase, please see our returns policy for details on how to obtain a refund.
Indemnification
By using the Website you agree to indemnify and hold Sungevity and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any of these Terms and Conditions. Sungevity will have the right to control the defense, settlement, and resolution of any such Claim at your sole expense. You may not settle or otherwise resolve any Claim without Sungevity's express written permission.
Warranty and Limitation of Liability
USE OF THIS WEBSITE IS PROVIDED "AS IS, WHERE IS," AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SUNGEVITY BE LIABLE FOR DAMAGES TO YOU OR ANY THIRD PARTY FOR ANY MATTER ARISING OUT OF OR IN RELATION TO YOUR USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED THEREIN.
In no event will Sungevity or any of the Parties identified above be liable for any indirect, special, incidental or consequential damages arising out of or in relation to your use of this Website, including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
General Terms
No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
These Terms and Conditions will bind Sungevity, each Party identified above, and you, and each such person’s or entity’s successors and permitted assigns, and will governed by and construed in accordance with the laws of California without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of Sungevity. These Terms and Conditions (including all of the policies, other Agreements, and the Microsoft MapPoint Terms of Use described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.