Terms and Conditions
This Web site is offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at info@ResearchSOLAR.com. We may amend these Terms & Conditions at any time; changes or amendments will be posted at the bottom of this page for public view and be considered upon such posting. These Terms & Conditions were last updated in October 2007.
1. RESEARCHSOLAR.com. At ResearchSOLAR we are committed to making your experience a positive one. Upon entering your information and solar installer request, we will provide you with details of the solar installers in your area, if any, who may be interested in fulfilling your service need.
However, we do not guarantee that we will be able to match your service needs with a solar installer or that there are solar installers in your area that either are capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed solar installers, we make no guarantees or representations regarding the skills or representations of such solar installer or the quality of the job that he or she may perform for you if you elect to retain their services. ResearchSOLAR does not endorse or recommend the services of any particular solar installer. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a solar installer, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The solar installers are not employees or agents of ResearchSOLAR, nor is ResearchSOLAR an agent of the solar installers. ResearchSOLAR does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with solar installers are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any solar installer, you must address such dispute with the solar installer directly, AND YOU HEREBY AGREE TO RELEASE RESEARCHSOLAR (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SOLAR INSTALLERS.
2. INFORMATION YOU PROVIDE TO US. Upon using the ResearchSOLAR services, you will be prompted to disclose certain information about yourself and your service requirements. Some of this information will be sent to solar installers who will need this information to respond to you. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our solar installers and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site. For complete details on our use of your information, please see our privacy policy. You agree that by completing a service request, you are entering into a business relationship with ResearchSOLAR and its partners and thus agree to be contacted by ResearchSOLAR and/or its partners.
3. YOUR USE OF THE RESEARCHSOLAR SERVICES. You acknowledge and agree that your use of the ResearchSOLAR services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the ResearchSOLAR Web site, is the sole and exclusive property of ResearchSOLAR, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to ResearchSOLAR for any such damages, and will indemnify ResearchSOLAR in the event of any third party claims against ResearchSOLAR based on or arising from your violation of the foregoing.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO RESEARCHSOLAR AND ITS SOLAR INSTALLER PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO RESEARCHSOLAR AND EACH RESEARCHSOLAR SERVICE PROVIDERS.
4. LINKS TO THIRD PARTY SITES. The links in the ResearchSOLAR Web site will let you leave ResearchSOLAR's Web site. The linked sites are not under the control of ResearchSOLAR and ResearchSOLAR is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. ResearchSOLAR is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ResearchSOLAR of the site.
5. SOLAR INSTALLER PRESCREENING PROCEDURES AND DISCLAIMERS. ResearchSOLAR.com uses a number of criteria as part of its registration enrollment process ("registration") for new solar installers applying for membership in our network including general experience, licensing, insurance and bonding. The prescreening procedures may change from time to time at the sole discretion of ResearchSOLAR. ResearchSOLAR believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at the time of registration. ResearchSOLAR advises consumers to check these matters for themselves especially at future dates. ResearchSOLAR does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that ResearchSOLAR checks such information.
DISCLAIMER: RESEARCHSOLAR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
6. INDEMNIFICATION. YOU AGREE TO INDEMNIFY RESEARCHSOLAR, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE RESEARCHSOLAR SERVICES OR IN CONNECTION WITH THE RESEARCHSOLAR WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
7. GENERAL PROVISIONS. You acknowledge and agree that the ResearchSOLAR services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and ResearchSOLAR's sole obligation to you or any third party for any claim arising out of your use of the ResearchSOLAR services or the ResearchSOLAR Web site, is that you are free to discontinue your use of the ResearchSOLAR services or the ResearchSOLAR Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, RESEARCHSOLAR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT RESEARCHSOLAR SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF RESEARCHSOLAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of ResearchSOLAR's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of ResearchSOLAR to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ResearchSOLAR services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely in the State of California and between California residents. You agree to submit to jurisdiction in California and that any claim arising under these Terms and Conditions will be brought solely in a court in San Francisco County, California.
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