Welcome to the solarenergyninja.com website (the “Website”). Solarenergyninja.com is provided to assist customers in gathering Homeowners property information, determining the availability of Solar Installation services, hosting a bidding platform, analyzing the competing bids and transacting business between solar installers and Homeowners. Solarenergyninja.com is provided solely for current and potential customers to interact with solarenergyninja.com 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 solarenergyninja.com is strictly prohibited.
YOUR USE OF Solarenergyninja.com IS CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF ALL THE TERMS, CONDITIONS AND NOTICES SET FORTH BELOW AND OUR PRIVACY POLICY, FOUND AT Privacy Policy, INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”). BY ACCESSING OR USING solarenergyninja, YOU AGREE TO BE BOUND BY THE AGREEMENT. TO THE EXTENT YOU RESERVE AND BUY ANY PRODUCTS OR SERVICES ON solarenergyninja.com 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 solarenergyninja.com OR CHOOSE A BID THROUGH OUR CHANNEL. 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 Solarenergyninja.com questionnaire and estimating tool form. If you provide information that is inaccurate or not current, or Solarenergyninja.com has reasonable grounds to suspect that such information is inaccurate or not current, Solarenergyninja.com may reject the Estimate Request and suspend or terminate your use of this Website. In addition, if you do not provide accurate information, solarenergyninja and its affiliated partners reserve the right to refuse service or to request additional fees. 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 solaenergyninja.com does not and cannot control any material provided by you or the Website’s other Members, solarenergyninja.com 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 solarenergyninja.com and hold solarenergyninja.com harmless with respect thereto. Solarenergyninja.com may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:
- Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon solarenergyninja.com and/or our website;
- Maintain, safeguard and/or preserve all the rights and/or property of Solarenergyninja.com
- Perform under demanding conditions in an effort to safeguard the personal safety of users of Solarenergyninja.com and/or the general public
- 2. Notice of contact: By submitting my contact information including my telephone number, I authorize solarenergyninja.com, and/ or its partners to contact me via telephone calls and/or text messages (SMS) to the residential or cellular phone number provided, using automated dialing technology for marketing/advertising purposes, even if that telephone number is on a corporate, state, or national Do Not Call Registry. No purchase required. Message and data rates may apply.
- 3. 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 solarenergyninja.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 solarenergyninja.com, without solarenergyninja.com’s prior written consent; (i) “Frame” or “mirror” any part of the Website without solarenergy.com 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 solarenergyninja.com system or other services provided by solarenergyninja.com on the Website in violation of the above may violate criminal and civil laws. Should such an attempt be made, solarenergyninja.com, reserves the right to prosecute and seek damages from you to the fullest extent of the law
- 4. Changes to the Website and Services. The content of this Website, including without limitation the pricing, information, graphics, products, features, functionality, services, and links (collectively the “Content”) may be changed, deleted or updated from time to time without notice. Solarenergyninja.com reserves the right to change any service offered, the features of any service offered, or these Terms of Service and solarenergyninja.com policies, at any time. Solarenergyninja.com may discontinue, suspend or modify the Website at any time, and solarenergyninja.com 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.
- 5. Links to other Websites. Links on the Website allow you to visit and do business with third parties or affiliated partners of solarenergyninja.com. Neither these sites nor the companies to whom they belong are controlled by solarenergyninja.com. solarenergyninja.com makes no representations or warranties concerning the information provided or made available on such third party sites.
- 6. Solar Installer Partners. Through its rigorous Membership Requirements process, which is designed to ensure that its solar Installer partners are reliable and responsible members of the solarenergyninja.com network, solarenergyninja.com has made every effort to determine the quality and acceptability of the products and services offered by its solar Installer partners. However, solarenergyinja.com 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 purchasing or using such software or services. THE THIRD PARTY PROVIDERS OF SOLAR SYSTEM, SERVICES AND EQUIPMENT ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF solarenergyninja.com. Solarenergyninja.com 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. Solarenergyninja.com 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 solarenergyninja’s CONTROL.
- 7. Billing, Payments, and Fees. All prices posted by our Solar Installer Partners accessed through the Website are subject to change without notice. We are not responsible for pricing, typographical, or other errors in any offer by our Solar Installer Partners.
- 8. Disclaimer of Warranties; Limitation of Liability. USE OF THE WEBSITE AND ITS SERVICES ARE AT YOUR SOLE RISK. Solarenergyninja.com 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. Solarenergyninja.com’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 solarenergyninja.com. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL solarenergyninja.com 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, solrenergyninja.com SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM (A) YOUR INABILITY TO ACCESS OR USE THE WEBSITE AND ITS SERVICES AS THE RESULT OF ANY EVENT BEYOND THE REASONABLE CONTROL OF solarenergy.com (INCLUDING, WITHOUT LIMITATION, ANY PROGRAMMING ERROR, ANY VIRUS OR ANY DELAY OR FAILURE OF THE PERFORMANCE OF THE INTERNET) OR (B) ANY MATERIALS PROVIDED BY THE MEMBERS. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO BE LIMITED AND 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 solarenergyninja.com’S SERVICES PROVIDED ON THE WEBSITE AND UNDERSTAND THAT THE PRICING WOULD BE HIGHER IF solarenergyninja.com 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. Solarenergyninja.com 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 solarenergyninja.com 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. Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from solarenergyninja.com infringes your copyright, you may request removal of those materials (or access to them) from the Website by submitting a notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the notice (the "DMCA Notice") must include substantially the following:
- 1. Your physical or electronic signature.
- 2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- 3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- 4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- 5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- 6. A statement that the information in the written notice is accurate.
- 7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please send the above to info@equidigitalmedia.com If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA
- 11. Indemnification. You agree to indemnify, defend and hold harmless solarenergyninja.com, its affiliates, and service providers, and their respective directors, officers and employees, contractors, agents, suppliers, successors and assigns 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 solarenergyninja.com, (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. Privacy Policy. You may access the solarenergyninja.com Privacy Policy governing the use of information acquired from you through this Website.
- 13. Security: solarenergyninja.com shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user's personal information under our control.
- 14. Children Under Age of 13: solarenergyninja.com does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system's database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
- 15. Unsubscribe or Opt-Out & Links to Other Web Sites: Our website does contain links to affiliate and other websites. Solarenergyninja.com does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information. The aforementioned Privacy Policy Agreement applies only and solely to the information collected by our website.
- 16. 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.
- 17. Miscellaneous. Solarenergyninja.com 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 solarenergyninja.com is solely between you and the other Member. Solarenergyninja.com 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 franchisor-franchisee relationship is intended or created by these Terms of Service. These Terms of Service constitute the entire agreement between you and solarenergyninja.com, 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 solarenergyninja.com shall only be effective if in a writing signed by an authorized officer of solarenergyninja.com. solarenergyninja.com’s failure to act with respect to a breach of these Terms of Service by you or others does not waive solarenergyninja.com’s right to act with respect to subsequent or similar breaches. The Website is controlled, operated and administered by Equi Digital Media, LLC from its offices in Scottsdale, Arizona. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Arizona without regard to conflict of laws principles. At Company's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or solarenergyninja.com, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law. Any claim or cause of action by you against solarenergyninja.com with respect to your access or use of the Website and its services or your account shall be brought 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 solarenergyninja.com 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 solarenergyninja.com and you relating to solarenergyninja.com or the services provided through the Website, the prevailing party will be entitled to attorneys’ fees, costs and expenses. The content of solarenergyninja.com is protected by United States and international copyright, trademark and other laws. Copyright ©2020 Equi Digital Media, LLC. All rights reserved. Specifically, solarenergyninja.com 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 solarenergyninja.com, solarenergyninja.com does not grant any licenses to any copyrights, patents or any other intellectual property rights. Solarenergyninja.com or “The No Cost Solar Program” is not official partners with any city, county, or state governments. Solarenergyninja.com or “The No Cost Solar Program” is not official partners with any utility
If you have any questions about these Terms of Use, you can always reach us:
Web Page: solarenergyninja.com
Email: info@solarenergyninja.com