JM ENERGY INTL, LLC

GetSolar.com Terms of Service

GetSolar.com (the “Site”) is provided as a service of JM Energy Intl, LLC.  Collectively, GetSolar.com and JM Energy Intl, LLC are referred to herein as “GetSolar” or “we.”  All users of the Site (each, a “User” or “you”), including, but not limited to, vendors who request an Account (“Account” or “Accounts”), are subject to the following terms and conditions (“Terms of Service”).

These Terms of Service govern your access to and use of the Site, including any content, functionality and services offered on or through the Site, or remotely through any GetSolar applications (collectively, the “Services”), so please read them carefully before using the Services.
 
By using the Services, you agree to be bound and abide by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. You also represent that you are of legal age to form a binding contract with GetSolar and are not barred under any applicable laws from doing so.  If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms of Service, in which case the term “you” shall refer to both you and the organization.  If you do not meet these requirements, you must not access or use the Services.

GetSolar reserves the right to update and change these Terms of Service from time to time at its sole discretion.  Any features added to the Services, including the release of new tools and resources ( “Changes”), shall be subject to these Terms of Service when we post them.  Continued use of the Services after any Changes shall constitute consent to such Changes. As we will be continually improving the Services and adding more features, you are expected to check this page each time you access the Services so you are aware of any Changes, as they are binding on you.

Description of Services

The Site acts as an online source for residential and commercial customers seeking qualified solar installers and vendors to find and transact with certain third-party solar installers, vendors and referral agents (each, a “Vendor”) who have registered with and paid a fee to, or made other compensation arrangements with, GetSolar.  GetSolar is not a broker, lender or seller, does not sell any products or provide any services (other than the Services described in these Terms of Service) and is not a party to any transaction you may make with a Vendor.  GetSolar is not a party to any agreement that a party may make with a Vendor with regard to any product or service offered by such Vendor.  Any information a party provides to a Vendor in connection with an inquiry for a product or service is strictly between that party and that Vendor.

Establishing an Account

To access certain functions of the Site, you must register as a User by providing certain current, complete, and accurate information about yourself.  As part of the registration process, you will select a password and a User ID.  You also are required to provide certain registration information, all of which must be accurate and updated.  You may not (i) select or use a User ID of another person with the intent to impersonate that person; (ii) use a User ID in which another person has rights without such person's authorization; or (iii) use a User ID that GetSolar, in its sole discretion, deems offensive.  Failure to provide any requested information may delay or prevent the creation of an Account.  You represent that: (a) the information you submit is truthful and accurate and that you have not misrepresented your identity; (b) you will update your contact information if it changes so that we can contact you; (c) your use of this Site and the Services do not violate any applicable law or regulation; (d) you are 18 years of age or older.  Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which will entitle us to terminate your Account. 

You are responsible for maintaining the confidentiality and security of your password.  GetSolar is not liable for any loss that you may suffer through the use of your password by others.  You agree to notify GetSolar immediately of any known or suspected unauthorized use of your Account or of any other breach of security known to you with respect to the Site or your Account. 

You are responsible for all usage or activity on your Account, including use of the Account by any third party authorized by you to use your User ID and password.  Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at GetSolar’s sole discretion, and GetSolar may refer you to appropriate law enforcement agencies.  One Account is allowed per person or company.  Accounts registered by “bots” or other automated methods are not permitted and will be deleted.

Reliance on Site Content and Services

GetSolar provides a venue for connecting solar customers with solar installers and vendors, but does not (i) independently verify the accuracy of any information made available by Vendors on the Site, (ii) sell or license any of the products or services listed on the Site, or (iii) act as an agent of sale or an agent of any merchant or provider of products or services.  GetSolar does not have and will not assume any responsibility for, or liability related to, any products and services listed on the Site.  You should direct any questions, complaints or claims related to any product or service to the appropriate Vendor.

Site content is provided for informational purposes only.  GetSolar does not endorse, warrant or guarantee the products or services of any Vendor, including, without limitations, any prices, products and product warranties, programs, installation services, or other information posted by Vendors.

Any information on the Site can change without notice.

GetSolar assumes no liability, obligation or responsibility in connection with any transactions between Users and Vendors, which are entirely at the risk of such Users and Vendors.  If you have a dispute with a Vendor or any third party, you release GetSolar (and its agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
 
Links to Other Websites

This Site may provide links to third-party websites, including but not limited to the websites of Vendors (“Third-Party Websites”).  These Terms of Service govern only this Site and not any Third-Party Websites.  GetSolar’s decision to link to a Third-Party Website is not an endorsement of the content or services in that linked Third-Party Website.  GetSolar does not own or operate the Third-Party Websites, and it has not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Websites.  GetSolar expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Websites.  If you decide to access linked Third-Party Websites, you do so at your own risk.

GetSolar has a business relationship with EnergySage, Inc., whereby GetSolar shares with EnergySage the registration information of Users.  This sharing of information permits EnergySage to assist GetSolar in connecting Users with Vendors that may be of interest.  For more information about EnergySage, including its privacy policy, visit www.energysage.com

GetSolar reserves the right, and the Users agree, that any information in an Account designated as “Public” may be used by GetSolar 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.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by GetSolar and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  These Terms of Service permit you to use the Services for your own personal, non-commercial use only. You are granted a limited, non-transferable, revocable license to use the Services, subject to these Terms of Service and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.

Users acknowledge and agree that any and all Company or Vendor names and logos related to the Services and GetSolar or Vendor and all related product and service names, design marks and slogans are the property of GetSolar, the Vendor or their affiliates or suppliers, as the case may be (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 GetSolar or the applicable Vendor.  Users agree to comply with all intellectual property laws and shall not encumber any interest in, or assert any rights to, the Marks (other than their own). 
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. 

Modifications to the Service and Prices

GetSolar 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.

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

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

Termination

GetSolar, 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 GetSolar, 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.

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 d/b/a GetSolar.com
505 Montgomery St, 11th Floor
San Francisco, CA 94111

GetSolar may delete any of a User’s archived data within thirty (30) days after the date of termination.

Indemnification

You agree to indemnify and hold GetSolar, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of the Site or the Services, your violation of these Terms of Service, or the infringement by you, or other User of the Site using your computer, of any intellectual property or other right of any person or entity. 

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL GETSOLAR BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE SITE, INCLUDING ANY SOFTWARE, MATERIALS, CONTENT, PRODUCTS AND/OR SERVICES PROVIDED OR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE.  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE AND THE RESOURCES, MATERIALS, CONTENT AND SOFTWARE PROVIDED THEREIN.  IN NO EVENT SHALL GETSOLAR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS GETSOLAR’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING THIS WEBSITE.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NONE OF GETSOLAR, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “GETSOLAR PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SERVICES.  NONE OF THE GETSOLAR PARTIES WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER(S) ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.  YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU.

NONE OF THE GETSOLAR PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THIS SITE AND ANY OF THE INFORMATION, SOFTWARE AND OTHER MATERIALS THEREIN, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, SOFTWARE, MATERIALS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIALS AND/OR DATA.

Users expressly understand and agree that GetSolar 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 GetSolar has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (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 Services; (iii) unauthorized access to or alteration of Users’ transmissions or data; (iv) statements or conduct of any third party on the Services; (v) termination of Users’ Accounts; or (vi) any other matter relating to the Accounts.  In the event that notwithstanding the foregoing, GetSolar 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 GetSolar to the User will be limited to the amount that the User paid for the Accounts.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation.

You also agree not to:

• Modify, adapt or hack the Accounts or modify another website so as to falsely imply that it is associated with the Accounts, GetSolar, or any other GetSolar service.

• 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 GetSolar.

• Upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

• Transmit any worms or viruses or any code of a destructive nature.

• Engage in verbal, physical, written or other abuse (including threats of abuse or retribution) of any GetSolar customer, employee, member, or officer.

Copyright Infringement

If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description of where the material that you claim is infringing is located on the Site;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Our Copyright Agent for notice of claims of copyright infringement regarding the Site can be reached by email at copyright@getsolar.com.

Monitoring and Enforcement

GetSolar may, but has 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.

Security

User understands 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.

Waiver and Severability

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

If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.

Governing Law and Dispute Resolution

These Terms of Service shall be governed by the laws of the State of California without giving effect to its conflict of laws provisions.

Claims, disputes or other matters arising out of or relating to these Terms of Service or the Services 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 these Terms of Service shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to these Terms of Service, except by written consent of the Users, GetSolar 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.  Arbitration pursuant to these Terms of Service shall be held in San Francisco, California, unless a different location is agreed to in writing by all parties.

Assignment

You may not assign any of your rights in these Terms of Service, and any such attempt is void, but GetSolar may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services

Comments and Concerns

Questions or comments about these Terms of Service, and any requests for technical support or other communications relating to the Services, should be sent to info@getsolar.com.

Updated:  January  2016