TERMS OF USE

 

Last Updated: April 5, 2013

 

Solar Home Challenge (the "Company", "us", "we" or "our") is excited to provide our users (“you”, or “your”) its www.solarhomechallenge.com and www.solarhomechallenge.org websites (individually or collectively, hereinafter “Website”) and associated services (the "Services").  Welcome! Your use of the Website and the Services is subject to these Terms of Use.  As we state in Section 15 of these Terms of Use, we may change these Terms of Use at any time.  Your use of the Website after such changes are implemented constitutes your acceptance of the changes.  Please consult these terms and conditions regularly. 

 

 

1.            Acceptance of Terms

 

By using the Website, you agree to our Terms of Use, as well as to the Google Maps and GoogleEarth API Terms of Service, and set forth at: https://google.com/help/terms_map_earth.html. 

 

In addition, when using particular Services, there may be additional policies, guidelines or rules applicable to such Services.  All such policies, guidelines or rules are hereby incorporated by reference into these Terms of Use. 

 

2.            Services Provided By Website

 

The Company currently provides users with access to a variety of Services, which may include but is not limited to, web-based solar energy estimation tools, communications tools, discussion groups, forums, documents, news, press releases, peer publishing, industry articles and knowledge banks.  Unless explicitly stated otherwise, any new features that augment or enhance any current Service shall be subject to the Terms of Use.

 

3.            Website Access and License

 

For privacy considerations, users under the age of thirteen (13) are not permitted to use the Services or access the Website.  Provided that you are not under the age of thirteen (13), we hereby grant you a personal, non-exclusive, non-transferable, limited, and revocable license to access our Website and use the Services for your personal educational, informational and entertainment use (the "License").  You may not reproduce, duplicate, copy, sell, resell or commercially exploit for any purposes, any portion of, use of, or access to the Services or Website, including without limitation by Co-branding the Website or portion thereof or framing the Website or portion thereof (whereby the Website or portion thereof will appear on the same screen with a portion of another website).  “Co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish or distribute the Website or content accessible within the Website. In the unlikely event you fail to comply with these Terms of Use, we may terminate the License without notice and you will no longer be permitted to use the Services or access the Website.

 

If you are issued a password and account by the Company to access any Services, you are personally responsible for maintaining the confidentiality of any such password and account and for all activities that occur under such password or account.  You will need to immediately notify the Company of any unauthorized use of your password or account or any other breach of security.

 

If we become aware of possible violations of these Terms of Use, we may initiate an investigation that may include gathering information from you or any user involved and the examination of other material.  We may suspend the provision of our Services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our Website.  We will determine what action will be taken in response to a violation at our sole discretion.  We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

 

4.            Spam Policy

 

In order to maintain the integrity of the Website, you are not to use the Services to post or send (a) messages which are unrelated to a particular topic of discussion of a news group or message board facilitated by the Company (b) unsolicited commercial email, (c) unsolicited bulk email, (d) mass email, (e) junk email, (f) chain letters, (g) pyramid schemes or (h) messages advertising goods or services that are addressed to a recipient with whom you do not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient (collectively, "Spam").  Other types of Internet abuse which may also qualify as Spam include, but are not limited to, (i) disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the Services are able to type, or otherwise acting in a manner that negatively affects another user’s ability to engage in real-time exchanges, (ii) using "bots" or otherwise harvesting other users' information, including email addresses, and  (iii) uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.

 

In addition to any of the foregoing, electronic messages sent or caused to be sent using the Services may not contain false or misleading information in the subject line or otherwise contain false or misleading content; employ any technique to otherwise misrepresent, hide or obscure any information identifying the point of origin or the transmission path; use or contain invalid or false headers; use any other means of deceptive addressing; use a third party's internet domain name, or be relayed from or through a third party's computer system, without permission of such third party; or use or contain invalid, non-existent or otherwise false domain names.

 

5.            Links to Third Party Sites

 

The Website and the Services may contain links to third party websites, deals, coupons, news articles, blog posts, or other content ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the content of, any transmission received from, or the stability of, any Linked Site.  The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company or any association with its operators, or guarantee that the content contains accurate information.  Please review the separate privacy statements and terms of use posted at each Linked Site.

 

You are also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from any Linked Site.  The Company shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other sites, information, promotions, products, or services; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from the terms and conditions of other sites.  The Company does not guarantee any content on such sites or anything offered by third parties, including but not limited to prices, promotions, products, or services.

 

You are knowingly and voluntarily assuming all risks of using the Linked Sites to purchase goods and services and of using any "coupons" and specials listed on this Website.  You agree that the Company and its licensors and advertisers shall have no liability whatsoever from such Linked Sites and your usage of them.

 

Linked Sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of the Linked Sites.  The Company does not sponsor, endorse, or recommend these Linked Sites and makes no representations or warranties of any kind with regard to any Linked Sites, their terms of use, or the way they may collect, save, store, and use information, including your personally identifiable information.  You acknowledge that the Company is not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such Linked Sites.  These Linked Sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. The inclusion of such a link or frame does not imply endorsement of that site by the Company or its advertisers or licensors, or any association with its operators, and is provided solely for your convenience.  If you have any complaint with such sites, you should contact that site directly.

 

6.            Hosted and Submitted Content

 

At times, we may host third party articles and similar content on our Website, or articles or content written by our own employees and contractors (collectively, "Hosted Content").  All of such Hosted Content available on or through the Services and/or the Website, including text, logos, images, copy, applications and intellectual property is owned by us, our suppliers, and our contributors, and is protected by copyright, trademark, and other proprietary rights.  We give you permission to use the Hosted Content for personal, non-commercial purposes only.  You may print, download, and store articles and other information included within the Hosted Content for your own convenience, but you may not distribute, republish, sell, mine, exploit, frame or scrape any of the Hosted Content, or exploit the Hosted Content for commercial gain.

 

At times, you may be invited to submit content to the Website, which may include but is not necessarily limited to items such as documents, music, sound, photographs, video, topical questions or responses submitted through forums or blog entries, either for publication, circulation and/or distribution (collectively, the "Submitted Content" and when used generically with Hosted Content, "Content").  Such Submitted Content is yours and the Company does not claim ownership of Submitted Content, but by submitting such Submitted Content you grant the Company a nonexclusive, royalty-free, fully paid-up, worldwide license to link to, reproduce, distribute, adapt, promote, display, and sublicense the Submitted Content.  We must reserve the right to remove any Submitted Content at any time without notice.  Further, any publication of any Submitted Content is at our sole discretion.

 

By providing Submitted Content, you certify that you own the Submitted Content, or otherwise have the right to freely redistribute the Submitted Content without limitation, and that providing this Submitted Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets, right of publicity or other proprietary rights.  Further, you certify that your submissions contain no elements and produce no results that are defamatory, obscene, in violation of any law, or otherwise contain harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses.

 

The Company assumes no liability with respect to disputes over Content ownership, copyright, or trademarks.  In the event that the Company is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, the Company will remove the Content in question in a timely manner without notice.  If you believe that Content included on the Website is your proprietary work and has been copied in a way that constitutes an infringement of your rights in that work, please immediately notify the Company of any such infringement at [email protected], in the manner set forth below.  All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce these Terms of Use.

 

When reporting an infringement, please ensure you provide all of the following information:  (i) a detailed description of the Content on the Website that you, in good faith, believe is an infringement of your ownership rights; (ii) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, the copyright owner; (iii) a statement by you declaring under penalty of perjury that (A) the foregoing information is accurate, (B) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the actual owner, and (C) your physical address, telephone number, and email address.  The Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). Some of the Content on the Website may be provided by third parties, including third parties that have paid to place their Content on the Website.  The Company expressly disclaims any representation or warranty about the accuracy of such content.

 

7.            Privacy Policy

 

We created this web site Privacy Policy ("Privacy Policy") as part of our commitment to fair information practices and the protection of the privacy and security of the users of our Website. This Privacy Policy will advise you about how we protect your personal information and what choices you have with respect to our use of such information.  We urge you to read this Privacy Policy carefully.

a.            Application of our Privacy Policy

This Privacy Policy applies to the use of our Website and services owned and operated by us. Please note, this Privacy Policy does not apply to your use of unaffiliated Linked Sites to which our Website only links.  Once you enter another web site (whether through an advertisement, service, or content link), be aware that we are not responsible for the privacy practices of such other web sites.  Furthermore, this Privacy Policy only covers information collected on the Website and does not cover any information collected by us offline.

b.            Types of Information Collected

            i.   Traffic Data Collected.  We automatically track and collect non-personal identification information when you visit our Website, including your (A) IP address (a set of numbers that is assigned to your computer when you are on the Internet); (B) domain server (a computer that stores web site files and provides them to people who request them); (C) type of computer; and (D) type of web browser (collectively "Traffic Data").  Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Website.  We collect Traffic Data through the use of "Cookie" technology and "Web Beacons."  "Cookies" are data files sent to and stored on the computer you use to view a web site.  "Cookies" can be used to monitor use of our Website, to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly and to store your user name and password so you do not have to re-enter it each time you visit the Website.  "Web Beacons" are small graphic image files on a web page which can be utilized by a web site to determine information about a user.  "Web Beacons" are not used to track information outside of our Website and are not used to track personal information.  The information collected by Web Beacons allows us to, among other things, statistically monitor the number of users of our Website, and the web sites of our selected partners.

            ii.  Personal Information Collected.  In order for you to access certain services and/or to purchase products and services that we offer via the Website, we may ask you to provide us with information that personally identifies you ("Personal Information").  Personal Information may include data such as: (A) your name, telephone number, mailing and/or e-mail addresses ("Contact Data"); (B) your credit score, account or credit card number ("Financial Data"); (C) your zip code, age and/or income ("Demographic Data"); (D) your energy rate plan and usage information (“Energy Data”); or (E) the information input or calculated as a result of estimating your solar potential using the Website (“Solar Data”).  If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards or forums, or otherwise complete online forms, surveys or contest entries, any information provided in such communication may be collected as Personal Information.  We will only collect Personal Information which you voluntarily provide. 

c.            Uses of Information Collected

We use Contact Data to send you information about our Company or our products or services, or promotional material from some of our partners, or to contact you when necessary.  We use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services.  We use your Demographic Data to customize and tailor your experience on the Website, displaying content that we think you might be interested in according to your preferences. We use your Energy Data to help determine your suitability for our products or services, or the products or services of some of our partners. We use your Solar Data to help determine your suitability for our products or services, or the products or services of some of our partners.

d.            Children

We are committed to protecting the privacy of children.  Therefore, we prohibit registration by children under the age of 13 for all interactive portions of the Website including forums, chats and message boards.  We will not knowingly collect personally identifiable information from children under 13.   We strongly urge all parents to participate in their children's exploration of the Internet and any online services, and to teach their children about protecting their personal information while online.

Furthermore, we may, at our discretion, require users under the age of 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age.  You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

e.            Communications from Website and Third Parties

            We reserve the right to contact you regarding product or service alerts and special offers that we believe may be of interest to you. We may also provide your Contact Data to solar retailers and other related third party service providers that we believe may be of interest to you. We will not provide your Financial Data to any third party without your consent.  Accordingly, we, or these third parties may directly contact you about: (i) your information service request through this Website and / or (ii) our / their own products and services. We respect your right to “opt out” of these communications at any time. If you do not want us to contact you, or share your Personal Information with any third parties, you may “opt out” by emailing us at [email protected]  Please note, however, if you choose to "opt out" you may not be eligible for certain benefits for which Personal Information is needed.

f.             User Choice Regarding Collection, Use and Distribution of Personal Information

            You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Website; however you will not be able to access and use those portions of the Website that require your Personal Information.  If you do not wish to receive information and promotional material from us or from some of our partners, you may “opt out” by emailing us at [email protected]

g.            Confidentiality and Security of Personal Information

            Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless such disclosure is necessary to: (i) comply with a valid legal inquiry or process such as a search warrant, subpoena, statute or court order; (ii) protect a physical or property threat to you, to others or to the Website; (iii) respond to a breach or attempted breach of the security of our Website; (iv) defend or assert our legal rights; or (v) enforce our Terms of Use.  We may also transfer Personal Information in connection with a corporate merger, consolidation, sale of related assets or corporate division, or other fundamental corporate change.  In the event we are legally compelled to disclose your Personal Information to a third party, we will attempt to notify you unless doing so would violate the law or a court order.  Your Personal Information is stored on secure servers that are not accessible by third parties. 

h.            Lost or Stolen Information

You are responsible for maintaining the confidentiality of your Personal Information including, but not limited to, the details of your credit card(s) and your user name and password.  You shall be responsible for all uses of your registration, whether or not authorized by you. You must immediately notify us if your credit card, user name or password is lost, stolen or used without your permission.  In such an event, we will cancel that credit card number, user name or password and update our records accordingly.

i.              Other Limits to Your Privacy

            The Website contains links to other web sites.  Please note, we are not responsible for the privacy practices or the content of such web sites.  Once you link to another web site from our Website, you are subject to the terms and conditions of that site, including but not limited to that site's privacy policy and terms of use.  We may also make chat rooms, forums, message boards, and news groups available to you.  Although we strive to protect our users' privacy, we cannot guarantee the security of the information you post.  The information you disclose in these areas becomes public information.  We have no control over its use and you should exercise caution when deciding to disclose your Personal Information.  You disclose this information at your own risk.

j.              Updates and Changes to Privacy Policy

            We reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy, simply by posting such addition, change, update or modification on the Website.  Any such addition, change, update or modification will be effective immediately upon posting on the Website.

k.            Disclaimer

The information provided in this Privacy Policy should not be construed as the giving of business, legal, or other advice.  Furthermore, we do not warrant as fail proof, the security of information provided through the Website.

8.            Disclaimer of Warranties/Limitation of Liability

 

While we use reasonable efforts to include accurate and up-to-date information on the Website, we make no representations as to the accuracy, quality, timeliness, availability, or completeness of the information, documents, Content or other materials available on the Website, and you should not rely upon them.  We provide the Website and any Service on an "AS IS, AS AVAILABLE" basis.  You use the Website and any Service at your own risk, and the Company, its employees, directors, and agents are not liable for any errors or omissions in their content or delivery, or for any form of loss or damage (including any consequential, indirect, incidental, special, or exemplary damages, even if known to us) that may result from their use.  We expressly disclaim all warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement.  If any of the above provisions are void under governing law, our liability shall be limited to the maximum extent permitted by law.

 

9.            Indemnification

 

You will indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, and employees harmless against any claim, dispute, or demand, including reasonable attorneys' fees, which may arise from a breach or violation by you of these Terms of Use, including any Content submitted to or uploaded to the Company, or transmitted via the Company by you.

 

10.          Injunctive Relief

 

Your breach of these Terms of Use may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and, therefore, you agree that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Website, which is in addition to any other remedies available at law or in equity.

 

11.          Jurisdiction

 

These Terms of Use, and the rights and obligations hereunder, are to be governed by, and construed in accordance with, the laws of the State of Arizona.  Any legal action or proceeding between you and us arising out of or relating to the Terms of Use or your use of the Website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Phoenix, Arizona, and you hereby expressly and irrevocably consent to be bound by the personal jurisdiction and venue of such courts.

 

12.          No waiver; Severability

 

A waiver of any breach of any provision of the Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of the Terms of Use.  We do not waive any rights by the failure to enforce this policy in every instance in which it might apply.  In the event that any provision of the Terms of Use is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.

 

13.          Assignability

 

We may assign our rights and delegate our duties under the Terms of Use either in whole or in part at any time without notice.  You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under the Terms of Use to anyone else without our prior written consent.

 

14.          Relationship

 

This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.

 

15.          Updates and Changes to Terms of Use

 

We reserve the right, at any time and without notice, to add to, change, update or modify these Terms of Use simply by posting such addition, change, update or modification on the Website.  Any such addition, change, update or modification will be effective immediately upon posting on the Website.  Your use of the Website after such changes are implemented constitutes your acceptance of the changes.  Please consult these Terms of Use regularly. 

 

Copyright 2013 Sidestep Energy, LLC