Terms and Conditions

Last Updated: March 20, 2015

The following Terms and Conditions govern your use of our applications and websites (including, but not limited to, www.sungevity.com, www.solarsfun.com, www.oursungevity.com, www.sungevity.org and www.solaronthewhitehouse.com. Throughout these Terms and Conditions, we refer to our applications and websites individually or collectively as the “Website.” Your use of the Website constitutes your agreement to be bound by these Terms and Conditions and all policies, guidelines and terms incorporated by reference, including our Privacy Policy. If you do not agree to all of these terms, do not use our Website.

Sungevity reserves the right to change these Terms and Conditions at any time and without prior notice to you. Your continued use of the Website will mean that you accept those changes. As such, we encourage you to review these Terms and Conditions whenever you use our Website.

Proprietary Rights

This entire Website, all copy, images, logos, graphics, videos, indicia, text, pages and all content and information therein, as well as all documents, information and materials delivered from our Website (“Content”), are protected by copyright. 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 party providers and may not be used without written permission.

Restrictions on Use

Permission to use the Content and/or Sungevity servers is restricted. You may access, use and copy Content only for purposes of considering, purchasing and/or using Sungevity products and services. The 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.

Additionally, when using our Website, you agree that you will not:

• Use or attempt to use the Website or Content for any purpose that is prohibited by law, regulation or these Terms and Conditions.
• Use or attempt to use the Website or Content in any manner that could damage, disable, overburden or impair the Website, or interfere with another’s use and enjoyment of the Website.
• Use or attempt to use spiders, robots, avatars, intelligent agents or any other extraction or navigation search except for a normal browser.
• Gain access or attempt to gain access to the Website or Content through hacking, password mining or any other any inappropriate or unlawful means.
• Access or attempt to access data not intended for you.

We reserve the right, in our sole discretion, to block, suspend, terminate or restrict access to the Website, Content and your account, or any portion thereof, at any time, for any reason, without notice to you.

Offers, Promotions and Referrals

Sungevity may make available to you offers, discounts and other promotions, including our referral programs (each a “Promotion,” collectively “Promotions”). Promotions may expire and are subject to change without notice. Promotions, including payments and rewards received as a result of any Promotion, are nontransferable and cannot be combined with any other Promotion or redeemed for cash. Additionally, rewards such as gift cards, gift certificates and vouchers that are issued by a third-party in connection with a Promotion may be subject to additional terms and conditions imposed by such third-party issuer. Sungevity does not guarantee the timing of payments or rewards. Payments and rewards may be subject to state and federal taxes. Sungevity may require you to submit a completed I.R.S W-9 form as a condition of eligibility for any Promotion and issue I.R.S. form 1099-MISC to you as a result of receiving any payment or reward in connection with any Promotion. Promotions are subject to additional terms and conditions. In the event of any conflict between these Terms and Conditions and the terms and conditions of any Promotion, the terms and conditions of the Promotion will control.

Submissions

We welcome your comments regarding the Website and Content, and the products and services associated therewith. 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 right, title and interest 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, including for commercial purposes, 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.

Your Account

By registering on our 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 that you are assigned. Your password may not be shared with any other person. You also agree that you are solely responsible for any and all activities that occur under or in connection with your account or which result from access to or use of the Website and Content using your password or account. You are solely responsible for your transmissions. You agree to notify us immediately in the event of any unauthorized use of your password or account or any other breach of security.

Though we take commercially reasonable steps to protect the security of Sungevity systems, we do not control all access channels to the Website and Content and do not guarantee the security of any information you transmit on or through the Website. You acknowledge that any information you transmit on or through the Website, such as information entered into any field on the Website, might be publicly accessible at any time during transmission. We are not liable for protection of privacy of such information.

Communication from Sungevity

When you buy products and services from us, request information regarding our products and services or participate in a Promotion, we may contact you via phone, regular mail and electronic mail regarding your account and solar system or to administer the Promotion. We may also send you communications regarding special offers that may be of interest to you. We respect your right not to receive communications. You may change the communications you receive from us by contacting us in the manner described in our Privacy Policy. Please note that even if you exercise one or more of the options described in our Privacy Policy, we may still communicate with you by phone, electronic mail and direct mail as necessary to provide you services or information that you have requested.

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

The Content is intended for informational purposes only. While Sungevity endeavors to present accurate information on our Website, the information may sometimes contain typographical errors or inaccuracies and may not be complete, current or applicable to your particular situation. We reserve the right to correct any errors, inaccuracies or omissions and to change or update any information at any time without prior notice to you (including after you have submitted an order). Such errors, inaccuracies, omissions or changes may relate to product description, pricing and availability.

User information; Privacy

We encourage you to review our Privacy Policy, which is incorporated in these Terms and Conditions by reference. We reserve the right to collect, use and share personal information that we gather when you use our products, services, applications and websites.

Indemnification

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, reasonable attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) arising out of your use of the Website and Content and any breach 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

We do not guarantee that access to and use of our Website and Content will be uninterrupted or error free, that bugs or malfunctions will be corrected, or that our Website and its servers are free of harmful components. We do not guarantee that the use of our Website and that the Content are accurate, without error or reliable.

OUR WEBSITE AND CONTENT ARE 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 OUR WEBSITE OR CONTENT. YOU AGREE THAT YOU USE OUR WEBSITE AND CONTENT AT YOUR OWN RISK.

In no event will Sungevity or any of the Parties identified above be liable for any indirect, special, punitive, incidental or consequential damages arising out of or in relation to your use of our Website or Content, including but not limited to loss of use, loss of data, loss of business or loss of profits. Some localities do not allow the foregoing exclusions or limitations. Therefore, these limitations or exclusions 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 the State of California without reference to its 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 and all policies, guidelines and terms incorporated by reference contain the entire understanding of the parties regarding the subject matter hereof.

Links

Sungevity may provide links to other World Wide Web sites or resources (“Resources”). You acknowledge and agree that Sungevity does not control these Resources, is not responsible for the availability, content or functionality of such Resources and does not endorse and is not responsible or liable for any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, advertising, products or other materials and information on or available from such Resources (“Third Party Content”). You further acknowledge and agree that Sungevity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Content and Resources, or any goods or services available on or through any such Resource.