Get Solar
 

GetSolar.com Terms and Conditions

The GetSolar.com web site (the “Site”) is provided as a service of JM Energy Int’l, LLC as a service for businesses to manage referral programs. Collectively, GetSolar.com and JM Energy Int’l, LLC are known as the Company. Accounts created on the Site consist of both free accounts (the “Free Accounts”) and accounts requiring a monthly fee (the “Upgraded Accounts”)(collectively, the Free Accounts and the Upgraded Accounts will be referred to as the “Account” or “Accounts”). The Accounts are subject to the following terms and conditions (“Terms of Service”).

The Company reserves the right to update and change the Terms of Service from time to time without notice. Any features added to the current Accounts, including the release of new tools and resources (the “Changes”), shall be subject to the Terms of Service. Continued use of an Account after any Changes shall constitute consent to such Changes. The most current version of the Terms of Service is located at: www.getsolar.com/_________.

Account Terms
1. Accounts will be issued to individuals who are 18 years of age or older, who are not under any legal disability and who agree to abide by these Terms of Service and the Privacy Policy, located at www.getsolar.com/________________(the “User” or “Users”). Accounts not meeting these requirements will be terminated. One Free Account is allowed per person or company.

2. Accounts registered by “bots” or other automated methods are not permitted.

3. To register for an Account, a User must provide a full legal name, a valid email address, and any other information requested to complete the signup process. Failure to provide any requested information may delay or prevent the creation of an Account.

4. The Users are responsible for maintaining the security of their Accounts, including any passwords. The Company will not be liable for any loss or damage sustained from a failure by the Users to maintain Account security.

5. Users will be responsible for any and all content or Activity on their Accounts.

6. Companies may maintain one shared Account, subject to the Terms above.

7. The Company reserves the right, and the Users agree, that any information in an Account designated as “Public” may be used by the Company for promotional uses. External search engines may also index such Public information. This information may be designated as “Private” by (insert steps to make Private here) to prevent such use.

8. Use of an Account does not grant a User a license to any software contained in, or used by, the Account. Users agree not to, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at, or through, the Account or any software, documentation, or data related to the Account ("Software"); remove any proprietary notices or labels from the Account or any Software, modify, translate, or create derivative works based on the Account or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Account or any Software. The Account shall be used for a User’s business purposes only and a User shall not use the Account or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If a User is using the Account in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect a Users rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

9. The Users acknowledge and agree that any and all Company names and logos related to the Account and the Company and all related product and service names, design marks and slogans, are the property of the Company or its affiliates or suppliers (collectively, the "Marks"). By agreeing to these Terms of Service, the Users agree not to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of the Company. The Users have no title or ownership in the Account, the Software or the Marks and no other rights in the Account, the Software or the Marks. All ownership rights remain in the Company or its third party suppliers.

Termination

1. The Company, in its sole discretion, has the right to suspend or terminate any User’s Account and refuse any and all current or future use of the Account, or any other service of the Company, at any time for any reason, including, but not limited to, violation of these Terms of Service. Such a termination of a User’s Account will result in the forfeiture and relinquishment of all content in said Account.

2. Users may cancel their Accounts at any time by using the account management options or by submitting a request in writing to: JM Energy Int’l, LLC, 10 Kendall Road, Newton, MA 02459-2623

3. The Company may delete any of a User’s archived data within 30 days after the date of termination.

Modifications to the Service and Prices

1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Accounts (or any part thereof) with or without notice.

2. Payment for Upgraded Accounts must be made by a valid credit card at the time of the commencement of the upgrade to an Upgraded Account. Any other payment arrangements must be made in advance between the User and an authorized Company representative. All fees paid to the Company for use of an Upgraded Account are non-refundable.

3. The User will be charged the pro rated monthly fee from the time of the upgrade until the beginning of the next monthly billing cycle. Unless a cancellation notice is received by the Company in writing, or through the account management options on the Site prior to the start of the next billing cycle of the Upgraded Account, an Upgraded Account will automatically renew for the next month. By agreeing to these Terms of Service, the User authorizes the Company to charge his or her credit card the monthly renewal amount for the Upgraded Account on the 1st day of each monthly billing cycle, or the next business day available. Fees are payable in US dollars or Australian dollars.

4. All fees are subject to change without notice. The Users are responsible for reviewing the Pricing Schedule and remaining aware of the fees charged by the Company.

5. Users may modify their subscription at any time through the My Account section of the website. All changes will take effect at the beginning of the next billing cycle.

General Conditions

1. The Users agree that their use of the Accounts is at their sole risk. The service is provided on an “as is” and “as available” basis.

2. The Users must not modify, adapt or hack the Accounts or modify another website so as to falsely imply that it is associated with the Accounts, the Company, or any other Company service.

3. The Users agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Accounts, use of the Accounts, or access to the Accounts without the express written permission of the Company.

4. The Company may, but have no obligation to, remove Content, and Accounts containing Content, that it determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any intellectual property rights or these Terms of Service.

5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company customer, employee, member, or officer will result in immediate Account termination.

6. The Users understand that the technical processing and transmission of the Accounts, including their Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. The Users must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

8. The Users must not transmit any worms or viruses or any code of a destructive nature.

9. If a User’s bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage of other Users (as determined solely by the Company), the Company reserves the right to immediately disable that Account until said excessive bandwidth consumption ceases.

10. The Company does not warrant that (i) the Accounts will meet the Users specific requirements, (ii) the Accounts will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Accounts will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by the Users through the service will meet their expectations, and (v) any errors in the Accounts will be corrected.

11. The Users expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of the Users’ transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of the Users’ Accounts; or (vi) any other matter relating to the Accounts. In the event that notwithstanding the foregoing, the Company is found liable to a User for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), the liability of the Company to the User will be limited to the amount that the User paid for the Accounts.

12. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between the Users and the Company and govern the use of the Accounts, superceding any prior agreements between the Users and the Company (including, but not limited to, any prior versions of the Terms of Service).

13. Unless otherwise provided, the Terms of Service shall be governed by the laws of the Commonwealth of Massachusetts without effect to its conflict of laws provisions.

14. Claims, disputes or other matters in question between the parties to the Terms of Service arising out of or relating to the Terms of Service or breach thereof shall be subject to and decided by binding arbitration in accordance with the rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. No arbitration arising out of or relating to the Terms of Service shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to the Terms of Service, except by written consent of the Users, the Company and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. The agreement to arbitrate shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. The award rendered by the arbitrator or arbitrators shall be binding and final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The parties agree that in the event any such dispute proceeds to arbitration, the prevailing party will be entitled to recover, as part of the arbitration award, its reasonable attorneys' fees and costs incurred in the arbitration, at the discretion of the arbitrator. Said arbitration shall be held in Boston, Massachusetts, unless a different location is agreed to in writing by all parties.

15. If any term of the Terms of Service is deemed unenforceable or invalid by a tribunal with valid jurisdiction then the finding of unenforceability or invalidity of that part shall not affect the remaining portions of the Terms of Service which shall remain in fall force and effect.

16. The Terms of Service and all of its terms and provisions are binding upon the heirs and personal representatives of the Users and the successors and assignees of the Company; provided, however, no assignment by the Users of their rights and/or interests in and to these Terms of Service shall be permitted without the prior written consent of the Company.

17. Questions about the Terms of Service should be sent to info@getsolar.com.