Welcome to the YourSolarSanDiego.com.com website (the “Website”). This Website is provided to assist customers in gathering Homeowners property information, determining the availability of Solar Installation services, hosting a bidding platform, analyzing the competing bids and transacting business between solar installers and Homeowners. This Website is provided solely for current and potential customers to interact with YourSolarSanDiego.com and may not be used for any other purpose, or used or reproduced by any other person or entity. The use of automated dial-in, inquiry, or screen-scraping devices, programs, or applications to obtain information through this Website is strictly prohibited. YOUR USE OF THIS
WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF ALL THE TERMS, CONDITIONS AND NOTICES SET FORTH BELOW (COLLECTIVELY, THE “AGREEMENT”). BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE AGREEMENT. TO THE EXTENT YOU RESERVE AND BUY ANY PRODUCTS OR SERVICES ON THIS WEBSITE THROUGH OUR CALL CENTER, YOU AGREE THAT THIS AGREEMENT SHALL APPLY TO ALL SUCH TRANSACTIONS. PLEASE READ THE AGREEMENT CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE OR CHOOSE A BID THROUGH OUR CHANNEL. BE SURE TO RETURN TO THIS PAGE PERIODICALLY TO REVIEW THE MOST CURRENT VERSION OF THE AGREEMENT.
1. Information You Provide. You agree to provide accurate and current information as prompted by the YourSolarSanDiego.com.com questionnaire and estimating tool form. If you provide information that is inaccurate or not current, or YourSolarSanDiego.com has reasonable grounds to suspect that such information is inaccurate or not current, YourSolarSanDiego.com may reject the Estimate Request and suspend or terminate your use of this Website. In addition, if you do not provide accurate information, YourSolarSanDiego.com and its affiliated partners reserve the right to refuse service or to request additional fees. You agree not to submit any material that violates law or the rights of any third party or that is unreliable, incomplete, inaccurate, obscene, libelous, defamatory or otherwise objectionable. While YourSolarSanDiego.com does not and cannot control any material provided by you or the Website’s other Members, YourSolarSanDiego.com reserves the right to reject or remove any such material at any time with or without reason. You understand and acknowledge that you may be exposed to data and information that is inaccurate or that otherwise violates any of the standards set forth in these Terms of Service, and you hereby waive all legal or equitable rights or remedies you may have against YourSolarSanDiego.com and hold YourSolarSanDiego.com harmless with respect thereto.
2. Appropriate Use of Website. You agree that you shall not: (a) send spam or other unsolicited messages in violation of applicable laws; (b) send or store infringing, obscene, threatening, libelous, fraudulent, misrepresentative or otherwise unlawful material, or material that is subject to third party proprietary or intellectual property rights (unless you have express written and legally valid permission from their rightful owner); (c) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Website, or the materials contained thereon; (e) attempt to gain unauthorized access to the Website or the YourSolarSanDiego.com.com system; (f) restrict or attempt to restrict or inhibit any other visitor from using the Website; (g) use the Website for any unlawful purpose; (h) express or imply that any statements you make are endorsed by YourSolarSanDiego.com, without YourSolarSanDiego.com’s prior written consent; (i) “Frame” or “mirror” any part of the Website without YourSolarSanDiego.com’s prior written authorization; (j) harvest or collect information about Website visitors without their express consent; (k) direct link, inline link, deep link or otherwise hyperlink any page of the Website other than the home page; or (l) page-scrape, robot, spider, hack, password mine or use any automatic or manual program or process to access or use the Website or its content. Any attempted improper use or an attempt by you or on your behalf to deliberately damage or corrupt the Website or to use the YourSolarSanDiego.com.com system or other services provided by YourSolarSanDiego.com on the Website in violation of the above may violate criminal and civil laws. Should such an attempt be made, YourSolarSanDiego.com, reserves the right to prosecute and seek damages from you to the fullest extent of the law.
3. Changes to the Website and Services. The content of this Website, including without limitation the pricing, information, graphics, products, features, functionality, services, and links (collectively the “Content”) may be changed, deleted or updated from time to time without notice. YourSolarSanDiego.com reserves the right to change any service offered, the features of any service offered, or these Terms of Service and YourSolarSanDiego.com’s policies, at any time. YourSolarSanDiego.com may discontinue, suspend or modify the Website at any time, and YourSolarSanDiego.com may block, terminate or suspend your and any user’s access to the Website at any time for any reason in its sole discretion, even if access continues to be allowed to others.
4. Links to other Websites. Links on the Website allow you to visit and do business with third parties or affiliated partners of YourSolarSanDiego.com. Neither these sites nor the companies to whom they belong are controlled by YourSolarSanDiego.com. YourSolarSanDiego.com makes no representations or warranties concerning the information provided or made available on such third party sites.
5. Solar Installer Partners. Through its rigorous Membership Requirements process, which is designed to ensure that its solar Installer partners are reliable and responsible members of the YourSolarSanDiego.com network, YourSolarSanDiego.com has made every effort to determine the quality and acceptability of the products and services offered by its solar Installer partners. However, YourSolarSanDiego.com does not make any representations or warranties regarding the correctness, performance or quality of any services provided by such our partners. You should independently research and assess the risks that may be involved in accessing and using any software or services before purchasing or using such software or services. THE THIRD PARTY PROVIDERS OF SOLAR SYSTEM, SERVICES AND EQUIPMENT ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF YourSolarSanDiego.com. YourSolarSanDiego.com ASSUMES NO LIABILITY WHATSOEVER FOR SUCH THIRD PARTY’S GOODS, SERVICES OR EQUIPMENT, INCLUDING LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A MOVING SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A MOVING SERVICE PROVIDER. YourSolarSanDiego.com IS NOT RESPONSIBLE FOR INJURY, DAMAGE, DEATH, ACCIDENT OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, ACTS OF GOVERNMENT, WEATHER, TERRORISM, ACT OF GOD, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR CAUSES BEYOND YourSolarSanDiego.com’S CONTROL.
6. Price. For payments made through YourSolarSanDiego.com, the price you are shown at checkout is the price you will be charged, based on the specifications of your purchase. Changes to the specifications (purchase method, change in finance situation after checkout may result in changes to the Price).
7. Billing, Payments, and Fees. You authorize YourSolarSanDiego.com to charge you directly for the initial deposit of the services provided by Solar Installer Partners of YourSolarSanDiego.com and to retain its fees through and from this transaction. YourSolarSanDiego.com will charge your account immediately after you choose one the selected bids and eSign the contract through YourSolarSanDiego.com.com. This money will be fully refunded to your account if you and/or the selected Solar Installer cancel the contract.
8. Disclaimer of Warranties; Limitation of Liability. USE OF THE WEBSITE AND ITS SERVICES ARE AT YOUR SOLE RISK. YourSolarSanDiego.com DOES NOT WARRANT THE RELIABILITY, COMPLETENESS OR ACCURACY OF THE WEBSITE, ITS SERVICES OR ANY MATERIALS ON THE WEBSITE. THE WEBSITE, ITS SERVICES AND ANY MATERIALS ON THE WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY), ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YourSolarSanDiego.com’S TOTAL LIABILITY TO YOU (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE WEBSITE, ITS SERVICES OR ANY MATERIALS ON THE WEBSITE SHALL BE NO MORE THAN THE AMOUNT OF FEES PAID BY YOU TO YourSolarSanDiego.com. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL YourSolarSanDiego.com BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF DATA). WITHOUT LIMITING THE FOREGOING, YourSolarSanDiego.com SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM (1) YOUR INABILITY TO ACCESS OR USE THE WEBSITE AND ITS SERVICES AS THE RESULT OF ANY EVENT BEYOND THE REASONABLE CONTROL OF YourSolarSanDiego.com (INCLUDING, WITHOUT LIMITATION, ANY PROGRAMMING ERROR, ANY VIRUS OR ANY DELAY OR FAILURE OF THE PERFORMANCE OF THE INTERNET) OR (2) ANY MATERIALS PROVIDED BY THE MEMBERS. SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO BE LIMITED. AS SUCH, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.YOU HAVE ACCEPTED THE ABOVE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AS PART OF A BARGAIN WITH RESPECT TO THE PRICING OF YourSolarSanDiego.com’S SERVICES PROVIDED ON THE WEBSITE AND UNDERSTAND THAT THE PRICING WOULD BE HIGHER IF YourSolarSanDiego.com WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF THAT STATED HEREIN.
9. Intellectual Property Rights. The Website involves the use of a computer system comprising content that is protected by copyright, trademark, trade secret, patent or other intellectual property rights laws. YourSolarSanDiego.com retains all right, title and interest, including, without limitation, all intellectual property rights, in and to such content, and any portion thereof, including, without limitation, any copy or derivative work thereof (or any portion thereof). You shall not take any action to jeopardize, limit or interfere in any manner with YourSolarSanDiego.com’s ownership of and rights with respect to the Website and the content, or any portion thereof, including, without limitation, any copy or derivative work thereof (or any portion thereof), and all intellectual property rights in and to each of the foregoing. You shall not directly or indirectly modify, translate, decompile, disassemble or otherwise reverse engineer, or determine or attempt to determine the source or executable code, or protocols of the computer programming, or create any derivative works based upon the content, and you shall not permit, authorize or assist anyone else to do so.
10. Indemnification. You agree to indemnify, defend and hold harmless YourSolarSanDiego.com, its affiliates, and their respective directors, officers and employees from and against all claims, actions, demands, losses, liabilities, penalties, judgments, damages, costs and expenses (including reasonable attorneys’ fees and costs) resulting from (a) your access or use of the Website and its services and your account, whether or not authorized, (b) any and all material submitted by you to the Website and/or YourSolarSanDiego.com, (c) your breach of any covenant, representation or warranty contained in these Terms of Service, and (d) your negligent or willful acts or omissions.
12. Export. You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you access the Website, including laws regarding access, use, export and import of any Content. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law.
13. Miscellaneous. YourSolarSanDiego.com reserves the right to change these Terms of Service in whole or in part, at any time with or without notice. Such changes shall be effective when posted on the Website, and your continued access or use of the Website and its services shall be considered acceptance of such changes. Any contract or agreement for services that you may enter into by accessing and using this Website is solely between you and the other Member. YourSolarSanDiego.com is not a party to any such contract or agreement, has no obligations under any such contract or agreement, and expressly disclaims all liability whatsoever arising out of, or in connection with, any such contract or agreement. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service. These Terms of Service constitute the entire agreement between you and YourSolarSanDiego.com, and supersede all other written and oral communications or agreements, with regard to the Website and its services. Any waiver of these Terms of Service by YourSolarSanDiego.com shall only be effective if in a writing signed by an authorized officer of YourSolarSanDiego.com. YourSolarSanDiego.com’s failure to act with respect to a breach of these Terms of Service by you or others does not waive YourSolarSanDiego.com’s right to act with respect to subsequent or similar breaches. The Website is controlled, operated and administered by YourSolarSanDiego.com from its offices in Los Angeles, California. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. Any claim or cause of action by you against YourSolarSanDiego.com with respect to your access or use of the Website and its services or your account shall be brought in the federal or state courts of California, California within one (1) year after the claim or cause of action arises. Without limiting any other remedy under law, in equity or pursuant to these Terms of Service, you acknowledge and agree that YourSolarSanDiego.com shall be entitled to seek injunctive relief or other equitable relief for any breach of these Terms of Service. If any provision of these Terms of Service is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law. Accessing or using the Website shall constitute effective execution and delivery by you of these Terms of Service. In any dispute between YourSolarSanDiego.com and you relating to this Website or the services provided through the Website, the prevailing party will be entitled to attorneys’ fees, costs and expenses. The content of YourSolarSanDiego.com.COM is protected by United States and international copyright, trademark and other laws. Copyright © 2013-2014 California Technology Group, LLC. All rights reserved. Specifically, YourSolarSanDiego.com. does not convey to anyone, through allowing access to the Website, any ownership rights in the Website or in any Content appearing on or made available through the Website. By furnishing information on this Website, YourSolarSanDiego.com does not grant any licenses to any copyrights, patents or any other intellectual property rights.
14. Tesla Powerwall Referrals. Pick My Solar reserves the right to substitute any home battery system of equal or greater value with the Tesla Powerwall. 50 referrals total are required to activate the raffle.
The “ YourSolarSanDiego.com Service” means the website located at www.YourSolarSanDiego.com.com and any associated mobile applications and Internet services under YourSolarSanDiego.com’s control, whether partial or otherwise, in connection with providing the services provided by YourSolarSanDiego.com. The YourSolarSanDiego.com Service provides an online platform to assist customers in finding the best solar system bids in the market for their home.
“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: name, address, email address, or phone number. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.
The YourSolarSanDiego.com Service Collects Your Information
We collect Personal Information when you:
• Register to use the YourSolarSanDiego.com Service;
• Post it to the YourSolarSanDiego.com Service;
• Make a payment; and
• Communicate with us.
• YourSolarSanDiego.com may collect personally identifiable information, such as your name. If you decide to choose any of the offered bids which are submitted by Solar Installers for your solar system in our website, we collect billing and credit card information. This information is used to complete the purchase transaction. YourSolarSanDiego.com may also collect anonymous demographic information, which is not unique to you, such as your age, gender, household income and Financial status, Credit scores, Building details. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by YourSolarSanDiego.com. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the YourSolarSanDiego.com website.
YourSolarSanDiego.com encourages you to review the privacy statements of websites you choose to link to from YourSolarSanDiego.com so that you can understand how those websites collect, use and share your information. YourSolarSanDiego.com is not responsible for the privacy statements or other content on websites outside of the Pick My Solar Corp. website.
Use of your Personal Information
We use Personal Information to: provide and improve the YourSolarSanDiego.com Service; and communicate with you. YourSolarSanDiego.com does not sell, rent or lease its customer lists to third parties. We may use aggregate information for any purpose, including for marketing purposes.
YourSolarSanDiego.com collects and uses your personal information to operate its website(s) and deliver the services you have requested.
YourSolarSanDiego.com may also use your personally identifiable information to inform you of other products or services available from YourSolarSanDiego.com and its affiliates. YourSolarSanDiego.com may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
YourSolarSanDiego.com may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. YourSolarSanDiego.com may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to YourSolarSanDiego.com, and they are required to maintain the confidentiality of your information.
YourSolarSanDiego.com will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on YourSolarSanDiego.com or the site; (b) protect and defend the rights or property of YourSolarSanDiego.com; and, (c) act under exigent circumstances to protect the personal safety of users of YourSolarSanDiego.com, or the public.
The YourSolarSanDiego.com website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize YourSolarSanDiego.com pages, or register with YourSolarSanDiego.com site or services, a cookie helps YourSolarSanDiego.com to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same YourSolarSanDiego.com website, the information you previously provided can be retrieved, so you can easily use the YourSolarSanDiego.com features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the YourSolarSanDiego.com services or websites you visit.
Making Payments. When you make payments through the YourSolarSanDiego.com Service, you may need to provide Personal Information to us, such as your credit or debit card number. You may also need to provide your shipping address and other information for YourSolarSanDiego.com Service-related purposes. We may use third party service providers to assist us with payments processing.
Customer Support. We may collect Personal Information through your communications with our customer-support, marketing, and sales teams.
Cookies, Automatic Data Collection, and Related Technologies. The YourSolarSanDiego.com Service collects and stores information that is generated automatically as you use it, including your preferences and anonymous usage statistics.
When you visit the YourSolarSanDiego.com Service, we and our third-party service providers receive and record information on our server logs from your browser, including your IP address, and from cookies and similar technology. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most but not all cookies expire (and are deleted from your computer browser) at the end of your session or within 24 hours. Most browsers allow you to block and delete cookies. However, if you do that, the YourSolarSanDiego.com Service may not work properly.
By using the YourSolarSanDiego.com Service, you are authorizing us to gather, parse, and retain data related to the provision of the YourSolarSanDiego.com Service.
Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes and may provide it to third parties to allow us to provide the YourSolarSanDiego.com Service. We may use and retain any data we collect to provide and improve our services.
Communications. We may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance. You can opt out of receiving some of these email communications at any time by using the unsubscribe link within each email.
YourSolarSanDiego.com May Disclose Your Information
We may share your information:
• with other customers as part of a review;
• with our third-party service providers;
• to comply with legal obligations;
• to protect and defend our rights and property; and
• with your permission.
We Collect Reviews. When you leave a review of a Solar Installer, we may share your name and other details of your project, such as size, date and locations, with other customers in order to allow them to make an educated decision about whether to work with a provider.
We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the YourSolarSanDiego.com Service.
Third Parties, at Your Request. We may share any information we receive with third parties, such as Solar Installers, when you choose a bid.
As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required by law or if those actions are reasonably necessary to:
• comply with legal process, such as a court order or subpoena;
• respond to claims that any content violates the rights of third parties;
• respond to your requests for customer service;
• respond to law enforcement;
• investigate and prevent unauthorized transactions or other illegal activities; or
• protect our or others’ rights, property, or personal safety.
Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction. We cannot control how such entities may use or disclose such information.
We may also disclose your Personal Information with your permission.
Security of Your Information
By using the YourSolarSanDiego.com Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the YourSolarSanDiego.com Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the YourSolarSanDiego.com Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at firstname.lastname@example.org.
We do not knowingly collect information from children under 13 and we do not want it. We will take steps to delete it if we learn we have collected it.
We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the YourSolarSanDiego.com Service is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at info@YourSolarSanDiego.com.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
By using the YourSolarSanDiego.com Service, you will transfer data to the United States.
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.
When you interact with us, we automatically receive and store certain types of information, such as the content you view, the date and time that you view this content, the products you purchase, or your location information associated with your IP address. We use the information we collect to serve you more relevant advertisements (referred to as “Retargeting”). This is statistical information used to monitor the usage of our website and for advertising purposes. This information does not include personal information.
As you browse YourSolarSanDiego.com, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with YourSolarSanDiego.com. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number. You can visit the page http://www.adroll.com/about/privacy to opt out of AdRoll and their partners’ targeted advertising.
Security We implement a secure processing server on our site when collecting information to ensure a high level of security for your personal information entered such as bank details and credit card information.
Web page: www.yoursolarsandiego.com
Your Solar San Diego
160 Thorn St. Ste 200
San Diego, CA