originally Published: May 2017
Last UPDATED: January 2018
- 1. Acceptance of Terms
Please note that Solarhood does not provide warranties for the Site or Services. These Terms also limit Solarhood’s liability to you. See Sections 15 (Disclaimer of Warranty) and 16 (Limitation of Liability) of these Terms for details. PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH B&V ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. See Section 17 (Dispute Resolution) of these Terms for details. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
- 2. Modification of Terms and/or Site or Services
- 3. Services
- 4. Requests for Proposals
As a Registered User, you may use the Services, at no cost, to submit a request for proposal ("RFP") requesting Third Party Installers to provide you with information, or to furnish you with proposals to install solar panels. If you submit an RFP to the Site, any Third Party Installer may deliver information or a proposal using the Site, telephone (if the RFP included your telephone number), email or any other means by which you have chosen to be contacted. If you provide your telephone number as part of an RFP, such RFP constitutes an express written request that authorizes any such Third Party Installer to contact you via telephone, including by prerecorded or artificial voice messages, text messages, or automatic telephone dialing systems, regardless of whether you incur charges as a result of the communication.
- 5. User Registration
- 6. Solar Information
Based upon the information you submit, Solarhood may provide statistics, estimates, projections, and other information relating to your use of solar power (“Solar Information”). The Solar Information is based upon the good faith estimates and calculations of Solarhood and third parties, but Solarhood makes no representation or warranty as to the accuracy or completeness of the Solar Information. You agree that you must evaluate, and bear all risks associated with Solar Information, that you may not rely on Solar Information, and that under no circumstances will Solarhood be liable in any way for any Solar Information, or for any loss or damage of any kind incurred as a result of the use of, or reliance upon, any Solar Information made available on the Site or through the Services.
- 7. Third Party Transactions
The Services provide information you may use to evaluate the costs and benefits of installing solar panels on your home. The Services provide you the opportunity to contact and exchange information with Third Party Installers. By using the Services to submit an RFP, you may elect to contract with one or more Third Party Installers for the installation of solar panels or other services. Solarhood may receive a fee or other compensation from Third Party Installers for allowing them the opportunity to respond to an RFP or contract with you for the installation of solar panels or other services. Solarhood is not a manufacturer of solar panels. You are not required to pay a fee for use of the Site or Services. Third Party Installers are completely independent of B&V and B&V is not affiliated with and does not control any Third Party Installer. By using the Services, you may receive information or content from Third Party Installers or other third parties. B&V makes no representation or warranty regarding the accuracy or completeness of such information or content, and under no circumstances will B&V be liable for any information or content provided by Third Party Installers or for loss or damage of any kind based upon the use or reliance upon such information or content. Prior to entering into any agreement with a Third Party Installers, it is your obligation to perform any and all investigation and due diligence you feel is necessary and appropriate. Any agreement between you and a Third Party Installer is solely between you and such entity. You are solely responsible for your dealings with any Third Party Installers, including the delivery of and payment for goods and services or any dispute with a Third Party Installer. You agree that under no circumstances will B&V be liable in any way for services or products provided by Third Party Installers or for loss or damage of any kind incurred as a result of transactions with Third Party Installers. You hereby release B&V, its affiliates, subsidiaries, successors, and assigns, and all their directors, officers, employees and agents from any claims, demands or damages of any kind or nature, known or unknown arising out of or in any way related to information received from or transactions with Third Party Installers.
- 8. Group Buy Program
B&V may offer you the opportunity to participate in a Solarhood Group Buy Program. The Group Buy Program involves B&V obtaining proposals from one or more Third Party Installers for the installation of solar panels for a group of at least two Registered Users for the purpose of obtaining a price discount based upon multiple installations for the applicable group. B&V will solicit Group Buy Program proposals from Third Party Installers using applicable criteria for solar panel installation such as minimum size, location, and the number and timing of installations. Following receipt of Group Buy Program proposals, B&V will use selected criteria such as, but not limited to, price per kilowatt, experience, and warranty, in addition to potential Registered User input, to select a Third Party Installer to provide the subject Group Buy Program installations. The Solarhood Site will identify the Third Party Installer chosen to provide the applicable Group Buy Program installations and provide the terms and conditions for participation. You may choose to participate in the applicable Group Buy Program by contacting the chosen Group Buy Third Party Installer directly using the Solarhood Site and complying with the stated terms and conditions, or you may choose not to participate in the applicable Group Buy Program. B&V will use good faith efforts to choose the most appropriate Third Party Installer for each Group Buy Program. B&V makes no representation or warranty as to the completeness or accuracy of the information contained in each Third Party Installer Group Buy Program proposal, the quality of solar panel installation or actual price discounts offered by the Third Party Installer chosen by B&V. Under no circumstances will B&V be liable for loss or damage of any kind based upon the acts or omissions of a Group Buy Program Third Party Installer chosen by B&V.
- 9. Use Restrictions
You shall use the Site and Services exclusively for authorized and legal purposes, consistent with all applicable laws, regulations and the rights of others. You will not (a) use the Services for any commercial purpose; (b) reverse engineer, disassemble or decompile the software used to provide or access the Services (c) sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Services to any third party; (d) remove, obscure or alter any proprietary rights notice pertaining to the Services or the Site; (e) access (or attempt to access) any portion of our Site or Services, or use the Site and/or Services in any manner or for any purpose other than as expressly permitted by these Terms; or (f) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data.
- 10. Solarhood Proprietary Rights
Solarhood and its licensors own and reserve all worldwide right, title, and interest in and to the Site and Services other than the rights explicitly granted to you to use the Site and Services in accordance with these Terms. No title to or ownership of any proprietary rights related to the Site or Services is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Solarhood. In the event that you provide comments, suggestions and recommendations to Solarhood with respect to the Site or Services (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service) (collectively, "Feedback"), You hereby grant to Solarhood a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Site and Services. “Solarhood”, the Solarhood logo, and any other product or service name or slogan contained on the Site or Service are trademarks or registered trademarks of Solarhood or its suppliers or licensors, and may not be copied or used, in whole or in part, without the prior written permission of the applicable trademark holder.
- 11. Your Infomation
- 13. Term and Termination
These Terms will remain in full force and effect so long as you continue to access or use our Services and/or the Site, or until terminated in accordance with the provisions of these Terms. At any time, we may: (i) suspend, withdraw, discontinue, change, or terminate either our Services and/or your rights to access or use the Site in general or (ii) suspend, withdraw, discontinue, change, or terminate these Terms and your rights to access or use our Services for any reason, particularly if we believe that you have restricted or inhibited any other user from using or enjoying our Services and/or Site or in any other way have used our Services and/or Site in violation of these Terms. Upon termination of these Terms, your authorization to use our Services or Site (as applicable) automatically terminates and you must immediately destroy any downloaded or printed Materials.
- 14. Indemnification
You will defend, indemnify, and hold harmless B&V, Solarhood, affiliates, subsidiaries, successor, and assigns, and all their respective directors, officers, agents, and employees from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, your violation of any rights of a third party, or your interactions or transactions with any Third Party Installer.
- 15. Disclaimer
YOUR USE OF THE SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY INFORMATION ACCESSIBLE THROUGH THE SITE OR SERVICES AND YOUR INTERACTIONS AND DEALINGS WITH ANY THIRD PARTY INSTALLERS, IS AT YOUR SOLE RISK. THE SERVICES, AND ALL INFORMATION AVAILABLE ON AND THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. B&V EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. B&V DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES OR YOUR ACCESS TO ANY INFORMATION. WITHOUT LIMITING THIS SECTION, B&V MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION CONTAINED OR REFERENCED IN THE SERVICES. TECHNOLOGY CHANGES FREQUENTLY AND THEREFORE INFORMATION CONTAINED ON THE SERVICES MAY BE OUTDATED, INCOMPLETE OR INCORRECT. B&V DOES NOT ASSUME ANY RISK WHATSOEVER FOR YOUR USE OF THE SERVICES OR THE DATA CONTAINED ON THE SERVICES. WE DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY DATA, MATERIALS, CONTENT, FEEDBACKS, OR PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY INCLUDING THE THIRD PARTY INSTALLERS THROUGH OUR SITE OR SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
- 16. Limitation of Liability
N NO EVENT WILL B&V, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS AND ALL THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR OTHER INTANGIBLE LOSSES HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF SOLARHOOD HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM TOTAL LIABILITY OF US TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100. If you are dissatisfied with any of the materials contained in our Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using our Site.
- 17. Dispute Resolution
These Terms and all other claims relating to the use of the Site or Services shall be governed by the laws of the State of Kansas, without regard to its conflicts of laws principles. The parties submit to the jurisdiction of and agree that all claims and disputes arising out of these Terms or your use of the Site or Services, including without limitation a dispute relating to Third Party Installers, shall be submitted to and resolved by binding arbitration in Kansas City, Kansas pursuant to the rules of the American Arbitration Association, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration award may be entered in any court having jurisdiction thereof. Either you or Solarhood may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or Solarhood pending the completion of arbitration. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
- 18. General Terms
- 19. Contact Information
Black & Veatch Corporation
11401 Lamar Ave.
Overland Park, KS 66211