SolRates Terms of Use & Privacy Policy

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Terms of Use

By using or accessing the web site at https://www.solrates.com, including any subdomain thereof and any web sites operated by affiliates of the Company (as defined herein) (the “Site”), you agree and acknowledge that you have read, understand and agree to be bound by these terms of use (“Terms”) with SolRates, Inc. (“Company,” “we,” or “us”). In addition to these Terms, you may enter into other agreements with us or others that will govern your use of the Services or related services offered by us or others. If there is any conflict or contradiction between these Terms and another agreement you enter into applicable to specific aspects of the products or services offered by Company or its affiliates (“Services”), the other agreement shall take precedence in relation to the specific aspects of the Services to which it applies. As used herein, “Users” means anyone who accesses and/or uses the Site. “Users” shall be deemed to include any business or other entity on behalf of which the Site or Services is accessed by any other User, and “you” shall be deemed to include any such business or other entity and any person acting on behalf of any such business or other entity in connection with the use of the Site or Services. We may terminate, disable or modify your access to, or use of, this Site and the Services for any reason, including without limitation, if we believe that you have violated or acted inconsistently with any provision of these Terms.

User Data; Account Security

In consideration of your use of the Site and the Services, you, individually and on behalf of the business or entity for whom you are acting, agree to (a) provide accurate, current and complete information about the business or entity, yourself, any customers or any other third parties, and any other principals and/or authorized representatives of the business or entity, in each case as may be prompted by any forms on the Site or otherwise requested by the Company (“Data”); (b) provide such materials or information as the Company may request to establish and/or verify your or any other person’s identity or authority to enter into legally binding agreements on behalf of the business or entity, or to establish and/or verify the business or entity’s legal existence, good standing in any jurisdiction and eligibility and qualifications to use the Site or Services, or creditworthiness; (c) maintain the security of any password and identification issued for use by or on behalf of the business or entity; (d) maintain and promptly update the Data to keep the Data accurate, current and complete; (e) promptly notify the Company regarding any material changes to information or circumstances negatively affecting the business or entity’s legal existence, good standing in any jurisdiction in which the business or entity is authorized to conduct business, or eligibility or qualification for continued use of the Site or any Services; and (f) be fully responsible for all use of any accounts opened on behalf of the business or entity and for any actions that take place using such account.

Eligibility for Access to Site

The Site is intended exclusively for U.S. residents who are 18 years of age or older or legal entities domiciled in the U.S., and in accessing or using the Site you represent and warrant that you qualify within one of the foregoing two categories. You covenant that you will abide by and comply with these Terms in their entirety. If you violate any provision of these Terms, or of any other agreement involving you and the Company, as determined in the sole discretion of the Company, the Company may terminate any access to may have to the Site or the Services, delete any content or information that you have posted through the Site and/or prohibit you from accessing or using the Site, with or without notice in the sole discretion of Company. Access to and usage of the Site and Services is intended exclusively for, and you represent and warrant that your access to and usage of the Site and Services is exclusively for, commercial and organizational purposes and not for personal, household, family or consumer purposes. Access to the Site is intended for Users that are businesses, other entities or persons acting on behalf of such businesses or entities, and is intended solely for authorized representatives of businesses or other entities that are in good standing in each jurisdiction in which they are registered to conduct business and persons otherwise authorized by such businesses or entities to act in furtherance of the business or entity’s use of the Site or Services. By using the Services or the Site, you represent and warrant that you are duly authorized by the business or other entity on behalf of which you are acting, that you have the power and authority to enter into legally binding agreements on behalf of the business or entity or in the capacity in which you are acting, and that the business or entity is in good standing in each jurisdiction in which it is registered to conduct business to the best of your knowledge. Furthermore, you confirm that you agree to all of the terms and conditions of these Terms individually and on behalf of such business or other entity, and represent and warrant that you and such business or other entity will abide by all of the terms and conditions of these Terms. If you, the business or entity, any other person acting on behalf of the business or entity or any guarantor, co-borrower or other co-venturer (“Guarantor”) (if applicable) violate any of these Terms, or otherwise violate an agreement between the business or entity (or, if applicable, any Guarantor) and the Company, the Company may terminate the business or entity’s access, delete any content or information posted on the Site in connection with the business or entity’s use of the Site and/or prohibit you, such business or entity and any other person acting on the business or entity’s behalf from using or accessing the Services or the Site (or any portion, aspect or feature of the Services or the Site), at any time in its sole discretion, with or without notice.

You further agree, both individually and on behalf of the business or entity, not to use the Services or the Site to:

• register for multiple User accounts on behalf of the same business or entity unless authorized to do so in writing by Company;

• operate or otherwise utilize an account opened in the name of a business or entity for the benefit of any persons other than that business or entity (except that, for avoidance of confusion, authorized installers may use the Site to generate or obtain proposals for Financing (as defined below) for their customers provided such usage is in full compliance with these Terms and any other agreements in effect between Company and such installer);

• operate or otherwise utilize an account opened in the name of a business or entity for any purpose prohibited by law or regulation, any activity which that business or entity is not duly authorized to conduct, or for any purpose prohibited by any other agreement between the business or entity and the Company; or

• operate a User account on behalf of any business or entity with regard to which you are not an authorized person with the power to enter into binding agreements on behalf of the business or entity.

Furthermore, you represent and warrant and agree, both individually and on behalf of the business or entity, that:

• all email addresses provided on behalf of the business or entity are and will be used by the business or entity for commercial purposes and not for personal, household, family or consumer purposes; and

• you will not represent or portray the business or entity as (i) being affiliated with the Company in any capacity other than being a User of the Site or Services without the Company’s prior written consent or (ii) as being authorized by the Company to enter into any transaction or agreement on behalf of the Company.

You further agree and confirm, both individually and on behalf of the business and/or entity, that:

• use of the Site and Services is contingent on acceptance of and compliance with these Terms by all persons acting on the business or entity’s behalf or in furtherance of the business or entity’s Financing request, including persons acting as a prospective Guarantor of any requested Financing;

• all information relating to any prospective Guarantor of any requested Financing that is requested by any forms on the Site will be provided via the Site directly by such prospective Guarantor; and

• neither you nor the business or entity will communicate with any other User regarding any Financing request made by the business or entity.

User Representations

You represent, warrant and agree that no materials, documents, images, graphics, pictures, data or other information or content of any kind submitted through your account or otherwise posted or shared by you through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to seek to harvest or collect any information of Users from the Services or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications or for any other purpose not expressly permitted by us. Additionally, you agree not to use automated scripts to collect information from the Services or the Site or for any other purpose. You further agree that you may not use the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Services or the Site to:

• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

• except where authorized in writing by the Company, register for more than one User account, register for a User account on behalf of an individual other than yourself, operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name, or register for a User account on behalf of any group or entity;

• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with or authority to act on behalf of any person or entity;

• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers unless requested and authorized to do so on that party’s behalf;

• solicit personal information from any natural person under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes from any User;

• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• intimidate or harass another User;

• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

• use or attempt to use another’s account, Services or system without authorization from that person and the Company, or create a false identity on the Services or the Site; or

• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its Users to any harm or liability of any type.

Proprietary Rights in Site Content; No Authorization

All content on the Site, including but not limited to designs, graphics, pictures, video, information, software, music, sound text, layouts, images, charts, tables, data and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except for Financing proposals that have been validly generated by the Company or the Site and provided exclusively to your customer for the bona fide purpose of entering into a Financing transaction in full compliance with these Terms, other agreements between you and the Company and all applicable laws; under no circumstances may a Financing proposal (a) be shared with third parties other than bona fide customers, (b) be modified from the format or terms generated by the Site, without prior written authorization from Company or (c) presented as binding the Company in any respect. No party has the authority to bind the Company to any agreement, whether by Financing proposal or otherwise, without prior written authorization of Company. You may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. As used in these Terms, “laws” shall include all applicable laws, rules, regulations, codes, orders and similar directives of any governmental authority. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Restrictions on Data Collection/Termination

Without our prior consent, you may not:

• use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts or other automatic devices or programs);

• frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site’s pages, or otherwise affect the display of this Site’s pages;

• engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information; or

• use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site.

User Content Posted on the Site

You are solely responsible for the personal or business information, photos, profiles, messages, notes, text, information, images, video, data, contact information for you or others, or other content that you upload, publish, provide or display (hereinafter, “post”) on or through the Services or the Site (collectively the “User Content”). You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion. COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF ANY DATA OR USER CONTENT, REGARDLESS OF WHETHER SUCH DATA OR USER CONTENT IS INCORPORATED INTO, REFLECTED IN OR UTILIZED FOR THE PURPOSES OF ANY FINANCING PROPOSAL MADE AVAILABLE TO ANY INSTALLER, CUSTOMER OR OTHER CATEGORY OF USER, AND COMPANY SHALL NOT HAVE ANY RESPONSIBILITY FOR ANY FINANCING PROPOSAL THAT INCORPORATES, REFLECTS OR UTILIZES DATA OR USER CONTENT THAT IS INACCURATE OR INCOMPLETE.

By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company (including Company’s affiliates) an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, provided the foregoing activities are permissible under applicable laws and any written non-disclosure or confidentiality agreement entered into between you and Company. Our practices and policies with respect to the collection and use of personally identifiable information are governed by our Privacy Policy and any other applicable written agreements we have with you.

Scope of Use

The limited license hereunder to access and use the Site shall be deemed granted to the business or entity member using the Site and to those authorized representatives of the business or entity for whom Data has been provided to the Company while acting on behalf of the business or entity member in their official capacities for the bona fide purpose of obtaining Financing and not for any personal, household, family, consumer purpose and not for any purpose of competing with the Services or the Company. Any access to or use of the Site by persons who are not authorized representatives of the business or entity, including but not limited to any representative for whom Data has not been provided, or for any purpose not permitted by these terms, voids this license and shall constitute a violation of these Terms. Furthermore, this license is revocable by us at any time with regard to the business or entity member and/or any person acting on such business or entity’s behalf without notice and with or without cause.

Agreement to Receive Electronic Communications

By agreeing to the Terms, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Site and Services, including any leases, loans, power purchase agreements, property assessed clean energy financing or other financing you may request or receive either on your own behalf or on behalf of any third party including any customer (collectively, “Financing”), your use of the Site or Services, and the servicing of your Financing, if funded (each, a “Disclosure”).

Electronic Communications. Any Disclosures will be provided to you electronically or via electronic mail to the verified email address you provided, unless otherwise elected by the Company in its sole discretion. If you require paper copies of such Disclosures, you may write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $5.00. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.

Scope of Consent. Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.

Consenting to Do Business Electronically. Before you decide to do business electronically with Company, you should consider whether you have the required hardware and software capabilities described below.

Hardware and Software Requirements. In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet; supported Web browsing software (Chrome version 32.0 or higher, Firefox version 26.0 or higher, Internet Explorer version 8.0 or higher, or Safari version 7.0 or higher); and hardware capable of running this software.

TCPA Consent: I expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from the Company, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.

Additional Mobile Technology Requirements. If you are accessing our site and the Disclosures electronically via a mobile device (such as a smart phone, tablet, and the like), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. These applications can be found for most mobile devices in the device’s respective “app store”. If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.

Withdrawing Consent. You may withdraw your consent to receive Disclosures electronically by contacting us at the address below. However, once you have withdrawn your consent you will not be able to post Financing requests on our Site. If you have a pending Financing request on our Site we will terminate it and remove it from our system. If you have already received Financing, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your business address provided during registration.

How to Contact Us regarding Electronic Disclosures. You may reach us in writing at the following address: SolRates, Inc., 2570 W El Camino Real, Suite 500, Mountain View, CA 94040, Attention: Compliance.

You will keep us informed of any change to your email address, telephone number and primary business address.

You will print a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site.

Trademarks

SolRates and other Company graphics, logos, designs, page headers, button icons, scripts and Services names are trademarks or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or Services in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: Attention: Legal Department

Full Address of Designated Agent to Which Notification should be Sent: 2570 W El Camino Real, Suite 500, Mountain View, CA 94040

Telephone Number of Designated Agent: (800) 417-4740

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4 Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

5 A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

6 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, the access of members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the access of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services (“Submissions”), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Links to Other Web Sites and Content

The Site contains (or you may be sent through the Site or the Services) links to other web sites (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. Stock pricing data is provided for free by IEX and is subject to their terms and conditions. Although SolRates uses IEX for stock quotes, we do not share your data with IEX. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Privacy

Please review the Site’s Privacy Policy. By using the Site or the Services, you are consenting to have your personal data transferred to and processed in the United States. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.

Disclaimers

The Company cannot guarantee and does not promise any specific results from use of the Site and/or the Services. EXCEPT AS MAY BE EXPRESSLY AGREED BY THE COMPANY IN WRITING, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES AND REPRESENTATIONS ARE EXPRESSLY DISCLAIMED BY THE COMPANY. WE MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO ENERGY SAVINGS, TAX LIABILITY OR BENEFITS OR CREDITS, ACCOUNTING OR FINANCIAL MATTERS, ENERGY SYSTEM PERFORMANCE, EQUIPMENT QUALITY, INSTALLATION, OR OTHER MATTERS RELATING TO ANY SOLAR OR OTHER ENERGY SYSTEM. WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT ANY FINANCING OR ANY ENERGY SYSTEM MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE OR LOCAL TAX LIABILITY OR BENEFITS, YOUR FINANCIAL CONDITION OR PROSPECTS, YOUR ENERGY COSTS, OR YOUR ELIGIBILITY FOR OR BENEFIT FROM ANY RENEWABLE ENERGY CREDITS, GRANTS, INCENTIVES OR REBATES. YOUR PAYMENT OBLIGATIONS UNDER ANY FINANCING APPLY REGARDLESS OF WHETHER YOU OBTAIN OR FAIL TO OBTAIN ENERGY SAVINGS, TAX BENEFITS OR CREDITS, OR RENEWABLE ENERGY CREDITS, GRANTS, INCENTIVES OR REBATES.

The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Services. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Site or the Services, any User Content or Third Party Content posted on or through the Site or the Services or transmitted to Users, or any interactions between Users of the Site, whether online or offline.

The Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS OR COMPANY’S AFFILIATES OR COMPANY’S AFFILIATES’ DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICES OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL IN NO EVENT EXCEED $500 (FIVE HUNDRED DOLLARS). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your User Content, any Third Party Content you post or share on or through the Site, any inaccurate or incomplete Data, your use of the Services or the Site, your conduct in connection with the Services or the Site or with other Users of the Services or the Site, or any violation of these Terms or of any law or the rights of any third party.

Changes to these Terms

We may make changes to these Terms from time to time in our sole discretion. If we do this, we will post the changed Terms on the Site and will indicate at the top of this page the date the Terms were last revised. You understand and agree that your continued use of the Services or the Site after we have made any such changes constitutes your acceptance of the new Terms.

Other

The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Services, you agree that the laws of the State of Delaware, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms. If you obtain Financing, the terms of the Financing will be governed by the laws of the jurisdiction specified in the definitive agreements applicable to such Financing.

Questions

Please visit our FAQ page for more information.

Last Updated: August 8, 2016
© 2016 SolRates, Inc.



Privacy Policy



This Privacy Policy applies to www.solrates.com, which is owned and operated by SolRates, Inc. (“Company,” “us,” or “we”). This Privacy Policy describes how we collect and use the personal information you provide on or through our website www.solrates.com (“Website”) in order to provide services and access to lease, loan and other financing products (collectively, the “Services”). It also describes the choices available to you regarding our use of your personal information and how you can access and update such information.

For purposes of this Privacy Policy, “Personal Information” means information that personally identifies you, including your contact information, IP address, and application information. Some of the Personal Information we collect, use, share, and store is sensitive in nature, including your social security number and financial account information (“Sensitive Personal Information”). For purposes of this Privacy Policy, “you” shall include both you as an individual as well as the business or entity on whose behalf you use the Website.

Information Collected by Us

If you apply for a lease, loan, power purchase agreement, property assessed clean energy financing or other financing (collectively, “Financing”) from or through us, or you apply to install a project for which we or our third party financiers provide Financing, we will collect some or all of the following information from you:

• Contact information such as name, email address, mailing address, and phone number;

• Financial information, including but not limited to, tax returns, bank statements, financial statements, credit history, payment behavior, and tax ID number;

• Social security number;

• Unique identifiers such as user name and password, and IP address;

• Company name, company size, business type and other information relating to your business.

We supplement the data you provide with credit-related information from third parties, including credit bureaus or other providers.

How We Use Personal Information

We use the information we collect in order to carry out some or all of the following activities:

• Verify your identity;

• Operate, maintain, improve, and provide to you the Services and conduct our business;

• Compile, save, use and analyze your Personal Information in both a personally-identifiable form and an aggregated, non-personally identifiable form;

• Determine whether or not you qualify for one of our Financing products;

• Determine whether or not you qualify for participation in our installer network and whether you are eligible for construction or other financing;

• Process your account, including deducting automatic payments; and

• Communicate with you to send order confirmations, respond to customer service requests, send marketing communications, and send account update notifications.

Privacy and Sharing of Information

We will share your Personal Information with third parties only in the ways that are described in this Privacy Policy. We do not sell your Personal Information to third parties.

We will provide your Personal Information to our trusted business partners and service providers for the purpose of providing services to help us with our business activities, such as offering customer service or processing credit checks. If you do not want us to share your Personal Information with these business partners, please contact us by postal mail at the contact information listed below.

We may also disclose your Personal Information:

• Where required by law, rule, regulation, order or similar directive of a governmental authority (“Law”), such as to comply with a subpoena, or similar legal process, including in a bankruptcy proceeding;

• When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a request from a governmental entity;

• To affiliates for purposes of their business activities;

• To third parties that provide financing to the Company or its affiliates or who invest in or purchase Financing products from the Company or its affiliates;

• If Company is involved in a merger, acquisition, or sale of all or substantially all of its assets or equity; and

• To any other third party with your prior consent to do so or as permitted in agreements between you and us or our affiliates.

User Access and Choice

If your Personal Information changes, you may correct, update, amend it by contacting us by postal mail at the contact information listed below.

We will retain your information for as long as your account is active or as long as reasonably useful for commercial purposes. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

We and our business partners may contact you to offer you products and services that may be of interest to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails, telephone solicitations or other forms of contact from Company and our trusted business partners by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or by contacting us by postal mail at the contact information listed below.

Security of Information

We take the security of your information very seriously. We protect your information using bank-level data security: 256-bit AES encryption for sensitive data such as bank accounts and social security numbers and a Secure Sockets Layer (SSL) protocol. This creates an encrypted connection between your browser and our servers. When you enter Sensitive Personal Information (such as an employer identification number) on our order forms, we encrypt the transmission of that information.

If you allow Company to see your banking information online rather than in paper form, it is on a read-only basis. We do not have access to change, edit, or modify bank account information in any way. Company employees cannot view your banking username and passwords, and we securely store them in separate encrypted areas with our financial services providers.

Tracking Technologies

Technologies such as cookies, beacons, tags and scripts may be used by us and our partners, affiliates, or analytics or service providers. These technologies may be used in analyzing trends, administering the Website, tracking users’ movements around the Website and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis. We may use log files to gather information automatically and store it, in order to improve the Services we offer and to improve marketing, analytics and Website functionality. We may also use devices such as Local Storage Objects or methods that include behavioral advertising and re-targeting, in order to gather information and to improve the Services that we provide.

Testimonials

We display personal testimonials of satisfied customers on our Website in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us by postal mail at the contact information listed below.

Changes to This Policy

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email or by means of a notice on this Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Security of Information

If you have any questions about this Privacy Policy, the practices of this Website, or your dealings with this Website, please contact us by postal mail:

SolRates, Inc.
2570 W. El Camino Real
Suite 500
Mountain View, CA 94040

If you are contacting us to opt-out of marketing communications, you must include your full name and business mailing email addresses and account number. Once we locate your contact information based on the information you provide us, it will be removed from our databases and mailings lists.

This Privacy Policy is effective as of August 8, 2016.