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Terms and Conditions

Last Updated: April 21, 2013

Welcome to the sungevity.com (“Sungevity”) Website. The following Terms and Conditions govern your use of this Website as well as the www.sungevity.org, www.solarsfun.com and www.solaronthewhitehouse.com Websites (individually or collectively, hereinafter “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 End User Terms of Use and Embedded Maps 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 party providers and may not be used without written permission.


Promotions

Sungevity may email or provide you offers, discounts and other specials (collectively “Promotions”). Promotions may expire, and are otherwise subject to change without notice. Promotions are non-transferable and cannot be combined with any other Sungevity offers. Promotions may be redeemed in various forms at Sungevity’s sole discretion. Restrictions may apply; for example, if the reward is in the form of a gift card, gift certificate or voucher it may be subject to the issuer’s terms and conditions. Sungevity does not guarantee the timing of payments or rewards. Payments may be subject to state and federal taxes and Sungevity will issue gift cards to the person or organization listed on your I.R.S W-9 form.

Sungevity’s Sunshine Network Promotion is non-transferable and cannot be combined with any other Sungevity offers.

Sunshine Network Customers (Superstar Members):
The $500 savings to the referee will be issued in the form of a credit to his or her solar system. The $1,000 referral payment to the referring party will be issued in the form of a cash gift card to be fulfilled after the referee’s solar system is fully operational and connected to the utility.
Sunshine Network Non-Customer Referrers (Star Members):
The $500 savings to the referee will be issued in the form of a credit to his or her solar system. The $500 referral payment to the referring party will be issued in the form of a cash gift card to be fulfilled after the referee’s solar system is fully operational and connected to the utility.


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. Furthermore, 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 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 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 at 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. If a third-party organization referred you to Sungevity, Sungevity reserves the right to provide that organization with your name, contact information and customer status.


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.


User information; Privacy

You should review our current Privacy Policy which is incorporated in these Terms and Conditions by reference. We reserve the right to disclose non-personally identifiable information regarding you to third parties, and any information required to be disclosed by law to government authorities.


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

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

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 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 (including all of the policies, other Agreements, and the Microsoft Bing Maps and MapPoint Web Service End User Terms of Use and Embedded Maps Service 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.


Links

Sungevity may provide links to other World Wide Web sites or resources. You acknowledge and agree that Sungevity is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials (“Content”), advertising, products or other materials on or available from such sites or resources. 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 Content, goods or services available on or through any such site or resource.


Content

The Content is intended for informational purposes only. Although Sungevity exercises reasonable efforts to ensure the Content’s quality and accuracy, there might be errors, and the information provided may not be complete, current or applicable to your particular situation.





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