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SolarPowerRocks Terms of Service

Terms of Service and Privacy Policy

This agreement (“Agreement”) is entered into by SolarPowerRocks, Inc. (“SolarPowerRocks”) and you as a user of SolarPowerRocks (“You”). You acknowledge and agree that the following terms and conditions, including the Privacy Policy posted on this website, shall govern your use of each and every page of this website and the provision of information to You by or through the website (the “Service”). SolarPowerRocks reserves the right to revise this Agreement and/or the contents of this website at any time for any reason without notice. You further acknowledge and agree that You will be bound by any such revisions to the Agreement. For this reason, SolarPowerRocks encourages You to periodically visit the website and review the terms and conditions of this Agreement. SolarPowerRocks reserves all rights afforded by the laws of the state of Oregon, and of the United States, and specifically reserves its rights, claims, and defenses for any omission from the contents of this notice to users of the SolarPowerRocks website.

SolarPowerRocks Privacy Policy

SolarPowerRocks considers your privacy one of its highest priorities. Please refer to SolarPowerRocks’s Privacy Policy below for information and notices concerning SolarPowerRocks’s collection and use of your personal information. Please note that SolarPowerRocks is a lead generation company in the business of providing personal information so please read this entire policy. By submitting your personal information to SolarPowerRocks, you consent to (i) the collection of your personal information, (ii) the use of your personal information, and (iii) certain terms related to your use of SolarPowerRocks, all in accordance with this policy.

Secure Server Pages / Online Application Pages

Some of the pages requiring information are certified as Secure Sockets Layer (SSL) pages as designated. SolarPowerRocks appreciates the importance of providing a secure environment on its website and will take all reasonable and customary steps to protect the information You provide. Please use all means to protect your personal information, particularly if You are using a shared computer. Supporting documents and disclaimers necessary for submission of applications which appear on this site may be supported by other documents requiring a signature. In such event, the signed document shall prevail, and the documents and disclaimers appearing on the website shall be incorporated into the signed document. In the event there is any contradiction in terms between the online document and the subsequent signed document, the conflicting term(s) shall be resolved by relying on the document which is actually signed.

Intellectual Property Ownership

All information and content contained on or in the SolarPowerRocks website, including but not limited to text, images, video, audio and data are owned by and proprietary to SolarPowerRocks, its vendors and/ or licensors and are protected by applicable copyright, trademark and trade secret laws. All rights not expressly granted by this Agreement are reserved solely to SolarPowerRocks, its vendors and/ or licensors. Except as otherwise specifically stated in this Agreement, You may not duplicate, display, distribute, sell, resell, reverse engineer, disassemble, decompile, make derivative works, or other use the information or content of this website. Any unauthorized use by You may subject you to penalties or damages. SolarPowerRocks will enforce its intellectual property rights to the full extent of the law. Your use of the Service is for your own personal use, and any sharing of Your account information, login, passwords, or the information, content and data provided by the Service, with any other person, firm or entity is strictly prohibited.

Use of SolarPowerRocks.com

You may not use SolarPowerRocks.com for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You may not use the SolarPowerRocks.com web site or any of its content for competitive reasons nor may you resell or redistribute SolarPowerRocks.com content without prior express written consent of management at SolarPowerRocks.com. You may not attempt to use any deep-link, scraper, robot, bot, spider, data mining, computer code or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the SolarPowerRocks.com web site, any data or content found on or accessed through the SolarPowerRocks.com web site without prior express written consent of management at SolarPowerRocks.com.
You may not use the SolarPowerRocks.com web site to obtain or attempt to obtain through any means any materials or information on the SolarPowerRocks.com web site that has not been intentionally made publicly available either by public display on the SolarPowerRocks.com web site or through accessibility by a visible link on the SolarPowerRocks.com web site. You may not use the SolarPowerRocks.com web site in a manner that would violate the security of the SolarPowerRocks.com web site or attempt to gain unauthorized access to the SolarPowerRocks.com web site, data, materials, information, computer systems, or networks connected to any server associated with the SolarPowerRocks.com web site, through hacking, password mining or any other means. You may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity. You may not interfere with, attempt to interfere with or otherwise disrupt the proper working of the SolarPowerRocks.com web site, any activities conducted on or through the SolarPowerRocks.com web site or any servers or networks connected to the SolarPowerRocks.com web site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the SolarPowerRocks.com web site.

Digital Millennium Copyright Act

If You believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on this site in a way that may constitute copyright infringement, You may provide notice of your claim to SolarPowerRocks Designated Agent listed below, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your notice to be effective, it must include the following information:

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. A description of the copyrighted work that You claim has been infringed upon;

3. A description of where the material that You claim is infringing is located;

4. Information reasonably sufficient to permit SolarPowerRocks to contact You, such as an address, telephone number, and, if available, an e-mail address at which You may be contacted;

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

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

If your user content or other information has been affected by reason of a notification under the DMCA, You may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys? fees) if You materially misrepresent that your user content or your activity is not infringing the copyrights of others.
When we receive a counter-notification, we may reinstate the material in question.
To file a counter-notification with us, You must provide us with a written communication sent to SolarPowerRocks’s Designated Agent identified above that sets forth the following items:

1. An identification of the URLs or other unique identifying information of material that SolarPowerRocks has removed or to which SolarPowerRocks has disabled access;

2. Your name, address, telephone number, email address, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Multnomah County, Oregon if your address is outside of the United States), and that You will accept service of process from the person who provided notification under the DMCA or an agent of such person;

3. A statement, under penalty of perjury, that You have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

4. Your physical or electronic signature.

Use of this Site at Own Risk

You acknowledge and agree that Your use of the website and of the Service is at Your own risk and that neither SolarPowerRocks nor any other party involved in creating, producing, or delivering this website, including the content and information contained in this website, is liable for any direct, indirect, incidental, consequential or punitive damages, or any losses, costs, or expenses of any kind (including attorneys? fees, and/or other fees or expenses ) which may arise, directly or indirectly, through the access to, the use of, or the browsing in this site or through your downloading of any materials, text, data, images, video, or audio from this website, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, or the failure of any Internet service provider.

No Warranty of Accuracy of Information

You acknowledge and agree that while SolarPowerRocks will make reasonable efforts to ensure that the content and information provided by the Service is correct and that even though the schedules, times, locations, entertainers, speakers, performers, and other information contained in the SolarPowerRocks website are based upon current information, SolarPowerRocks cannot and does not guarantee the accuracy of the information and makes no warranties or representations as to its accuracy. ALL CONTENT AND INFORMATION CONTAINED IN THIS WEBSITE AND/OR PROVIDED BY THE SERVICE ARE PROVIDED TO YOU “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

Limitation of Liabilities

UNDER NO CIRCUMSTANCES SHALL SOLARPOWERROCKS BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF SOLARPOWERROCKS HAS BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SOLARPOWERROCKS’ LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO SOLARPOWERROCKS, REGARDLESS OF THE FORM OF CLAIM. YOU ACKNOWLEDGE THAT SOLARPOWERROCKS DOES NOT GUARANTEE ANY WORK DONE BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY SOLARPOWERROCKS. YOU AGREE THAT SOLARPOWERROCKS IS NOT LIABLE FOR ANY DAMAGE, LOSS OR JUDGMENT CAUSED BY ANY CONTRACTOR OR OTHER PARTY REFERRED TO YOU BY SOLARPOWERROCKS AND YOU WAIVE ALL SUCH CLAIMS AGAINST SOLARPOWERROCKS AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES.

Indemnification

You agree to indemnify and hold harmless SolarPowerRocks, its affiliates, its officers, directors, agents and employees against any asserted claims or suits made by any third party or any regulatory action brought by any entity, for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys fees) arising from or relating to: (i) any actual or alleged breach of this Agreement by You (ii) any content, data or material that you submit, post or otherwise provide to SolarPowerRocks or on this website.

Unlawful Content and Behavior

You acknowledge and agree that You will not post or transmit to this website any pornographic,
obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that SolarPowerRocks or other parties may be involved in creating, producing or delivering this website, may monitor or review transmissions, postings, or discussions, SolarPowerRocks assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

Links to Other Websites

You acknowledge and agree that although this website may be linked to other websites, SolarPowerRocks neither directly nor indirectly expresses or implies any approval, association, sponsorship, endorsement or affiliation with the linked website, unless otherwise specifically stated in this website. SolarPowerRocks has not reviewed all websites linked to this website, is not responsible for the content of any other website linked to this website, and makes no representations or warranties whatsoever as to the content or information contained on such websites. Any use of links by You to any other websites is at Your own risk.

Application of Laws

You acknowledge and agree that although the information and materials on the SolarPowerRocks website may be read throughout the world, this website is designed and intended for use in the United States and use of this website by You will be construed and evaluated according to the laws of the United States. If You access this website from another country, You are responsible for compliance with any and all applicable local laws. If the information and materials in the website do not conform to the laws of the country where You access the website, the information is not meant for You. SolarPowerRocks makes no representation that the information and materials contained in this website are appropriate outside the United States. You agree that in the event that any
dispute arises under this Agreement or Your other use of this website or the Service, the laws of the State of Oregon shall apply without resort to its choice of law provisions or rules. You also agree to submit to the personal jurisdiction of the state and federal courts located in Multnomah County, Oregon and further agree that the states and federal courts located in Multnomah County, Oregon shall be the exclusive venue for the resolution of any dispute between SolarPowerRocks and You.

Entire Agreement

This Agreement is the entire agreement and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.

No Waivers

No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. No waivers or amendments shall be effective unless made in writing and signed by a duly authorized representative of SolarPowerRocks.

Severability

If any part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, such judgment will not affect or nullify the remainder of this Agreement.

Privacy Policy

SolarPowerRocks PRIVACY STATEMENT

This privacy statement covers the site – www.SolarPowerRocks.com. Because this Web site wants to demonstrate its commitment to our users privacy, it has agreed to disclose its information practices.

This privacy statement covers the following:

1. What personally identifiable information third parties collect through the Web site.
2. What organization collects the information.
3. How SolarPowerRocks.com uses the information.
4. With whom SolarPowerRocks.com may share user information.
5. What choices are available to users regarding collection, use and distribution of the information.
6. What types of security procedures are in place to protect the loss, misuse or alteration of information under SolarPowerRocks.com control.
7. How users can correct any inaccuracies in the information.

If users have questions or concerns regarding this statement, they should first contact SolarPowerRocks Customer Support by email at [email protected]

Information Collection

SolarPowerRocks.com collects information from our users at several different points on our Web site, directly and indirectly from users. For example, when requesting a service quote or consultation, a user is typically required to provide contact information (such as name, telephone number and email address) as well as certain information regarding the user’s home and energy usage via a registration form.

Cookies

SolarPowerRocks.com also collects information indirectly from you via a “cookie.” A cookie is a piece of data stored on the user’s computer tied to information about the user.
Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time.
SolarPowerRocks uses cookies to restore users to a previous session after leaving the site. By setting a cookie on our site, we are able to save the information and settings provided by the user in an earlier session even if they have not registered. If you have not registered with SolarPowerRocks, deleting cookies means that you may be unable to restore information from a previous session. There are a number of software and shareware programs available that are designed to periodically purge cookie files from your hard disk. We do not recommend these applications and, as such, cannot address any resulting support issues that may be related to the use of these programs.

Log Files

Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/ time stamp, and number of clicks to analyze trends, administer the site, track user?s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.

Profile

We store information that we collect through cookies and log files to create a profile of our users. A profile is stored information that we keep on individual users detailing their solar
energy system preferences. Consequently, collected information is tied to the user’s personally identifiable information to provide the quote service and improve the content of the site for the user. This profile is used to tailor a user’s service from our Web site and may be used to direct pertinent SolarPowerRocks.com marketing promotions to them. We may share your profile with third party service providers, as stated below, in order to enhance your user experience and our services.

INFORMATION USE

Transferring Personal Information

SolarPowerRocks.com is a lead generation company and, as a result, we may use your personal information for commercial purposes. For example, when you request a service consultation/quote or otherwise request that a service providers contact you, we may use your personal information to contact you directly (via email, direct mail, or telemarketing) about the services on this site for which you expressed interest.

We may also sell, disclose or otherwise dispose of your personal information to third party service providers or other third parties not affiliated with us in order to fulfill your request. Any third party that purchases or receives your personal information from us may then (i) use your personal information for their own purposes (including for commercial purposes), (ii) contact you regarding their products and services or to help or fulfill your request, and/or (iii) disclose or dispose of your personal information to other third parties for their own commercial purposes or to fulfill your request. Accordingly, these third parties may directly contact you (via email, direct marketing, or telemarketing) about (i) your information/service requests through this website and/or (ii) their own products and services. Please see our “Opt Out of Information Use” section for how to opt out of receiving these communications.

Please note any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this privacy statement. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties.

Special Note if you are Registered on a Do-Not-Call List. If you submit your personal information to us via a service request or registration form, you expressly agree that SolarPowerRocks.com (as well as any third parties we may provide your contact information to) may contact you by telephone, email, or mail, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of an internal company. If we (including any third parties we may provide your contact information to) contact you by telephone and you wish not to be contacted again by whomever calls you, then you should specifically make a request to that entity not to contact you again. In the event, we or any third party continues to contact you after you have instructed such entity to stop doing so, you should contact SolarPowerRocks.com immediately to notify us of the problem.

Communications from the Site

Special Offers and Updates

We may also use your personal information to contact you via direct mail, email and/or telemarketing regarding offers, contests, events, news, programs, and other retail opportunities from us and/or selected third parties that we believe may be of interest to you.

We allow you to opt-out from receiving marketing communications from us as described in the “Opt Out of Information Use” section below.

In addition, we may also share your personal information with our marketing partners or other third parties in order to bring selected retail opportunities, offers, contests, programs, events or news to you via direct mail, email and/or telemarketing. You may have no relationship with these other companies. In addition, we not responsible for the content of any third party communications sent to you and you will be required to opt out of those communications separately, if desired.

Email

If a user wishes to subscribe to our emails, we ask for contact information such as name and email address. Out of respect for our users, we provide a way to unsubscribe from/opt-out of these communications in each message we send.

Service Announcements

On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

Customer Service

We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user’s wishes.

Sharing Legal Disclaimer

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site. In addition, we may disclose information about you (i) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity or (ii) if this is necessary to protect the vital interests of the a person.

Business Transitions

In the event SolarPowerRocks.com goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be a part of the assets transferred. Users will be notified via [email protected] or via a prominent notice on our Web site for 30 days prior to a change of ownership or control of their personal information. If as a result of the business transition, the users’ personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.

OPT OUT OF INFORMATION USE

You may opt-out from having your information shared with or sold to third parties by sending us an email given at the end of this policy.

If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving commercial email from us by sending us an email or by writing to us at the address given at the end of this policy.

Additionally, if you do not wish to be notified by postal mail regarding products, services, events, programs, and offers that we believe you may find of interest, you may opt-out from such communications by sending us an email or by writing to us at the address given at the end of this policy.

Upon your request, we can (i) provide you with a list of all the companies to whom we have provided your contact information pursuant to this website and (ii) provide you the categories of information shared with the third parties. You may opt-out from having your personal information shared with or provided to third parties, and you may request the list referenced above, by sending us an email given at the end of this policy. In addition, please note that the list referenced above is free to the consumer; however, we are only required by law to respond to one request per year.

If you receive a commercial email from one of our third parties, you may be able to unsubscribe by following the instructions at the bottom of each email. If you want to opt-out from all communications from these third parties, you may opt out of this use by contacting these third parties directly.

LINKS

This Web site contains links to other sites. Please be aware that we, SolarPowerRocks.com, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

SURVEYS & CONTESTS

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be shared with the contest/survey sponsors to notify the winners and award prizes. Anonymous Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

TELL-A-FRIEND

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. SolarPowerRocks.com will automatically send the friend a one-time email inviting them to visit the site. SolarPowerRocks.com does store this information for the sole purpose of sending this one-time email and tracking the success of our referral program. The friend may contact SolarPowerRocks.com at [email protected] to request the removal of this information from our database.

SECURITY

This Web site takes reasonable precautions to protect our users’ information. When users submit sensitive information via this site, their information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry – SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just “surfing”. To learn more about SSL, visit VeriSign. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their passwords to re-gain access to user information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added; our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our users’ information is protected. Finally, the servers that store personally identifiable information are in a secure environment in a locked facility. If users have any questions about the security at our Web site, users can send an email to [email protected]

CORRECTING/UPDATING/DELETING/DEACTIVATING PERSONAL INFORMATION

If a user’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users personally identifiable information. This can be done by emailing our Customer Support at [email protected] Please note that you will still need to contact the third parties with whom we’ve shared your information to correct/update/delete or information in their systems.

NOTIFICATION OF CHANGES

If we decide to change our privacy policy, we will post those changes to this privacy statement and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected.

In some cases where we post a notice we may also email users, who have opted to receive
communications from us, notifying them of the changes in our privacy practices.

CONTACT INFORMATION

If users have any questions or suggestions regarding our privacy policy, please contact us at: [email protected]
Last Updated: January 6, 2015.