The SolarPorts.com website located at SolarPorts.com is a copyrighted work belonging to SolarPorts Development. Certain features of the Site may be subject to additional guidelines, terms, or rules, which
will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the
authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE.
IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also
limit the remedies available to you in the event of a dispute.
Access to the Site
Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable,
limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following
restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise
commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse
compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a
similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be
copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by
any means unless otherwise indicated, any future release, update, or other addition to functionality of the
Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be
retained on all copies thereof.
Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved
that Company will not be held liable to you or any third-party for any change, interruption, or termination
of the Site or any part.
No Support or Maintenance. You agree that Company will have no obligation to provide you
with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights,
including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by
Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights,
title or interest in or to any intellectual property rights, except for the limited access rights expressed
in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.
User Content. "User Content" means any and all information and content that a user submits
to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use
of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy.
You may not represent or imply to others that your User Content is in any way provided, sponsored or
endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to
liability. Company is not obliged to backup any User Content that you post; also, your User Content may be
deleted at any time without prior notice to you. You are solely responsible for making your own backup
copies of your User Content if you desire.
You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to
reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other
works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights,
solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims
and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that
violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful,
harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory,
false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism,
bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to
minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions
imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software
intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any
other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or
assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or
create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or
procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password
mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or
(vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate
automated searches, requests, or queries to the Site.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against
you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or
otherwise create liability for us or any other person. Such action may include removing or modifying your
User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement
If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all
rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback
and related information in any manner it believes appropriate. Company will treat any Feedback you provide
to Company as non-confidential and non-proprietary.
You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and
attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of
the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d)
your User Content. Company reserves the right to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You
agree not to settle any matter without the prior written consent of Company. Company will use reasonable
efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party websites and services,
and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of
Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these
Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse,
warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links
& Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you
click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply,
including the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User
Content, whether provided by you or by others. You agree that Company will not be responsible for any loss
or damage incurred as the result of any such interactions. If there is a dispute between you and any Site
user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and
assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that
has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If
you are a California resident, you hereby waive California civil code section 1542 in connection with the
foregoing, which states: "a general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if known by him or her must
have materially affected his or her settlement with the debtor."
The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim
any and all warranties and conditions of any kind, whether express, implied, or statutory, including all
warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment,
accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your
requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be
accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law
requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90)
days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to
you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above
limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any
third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect,
consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or
your use of, or incapability to use the site even if company has been advised of the possibility of such
damages. Access to and use of the site is at your own discretion and risk, and you will be solely
responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our
liability to you for any damages arising from or related to this agreement, will at all times be limited to
a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this
limit. You agree that our suppliers will have no liability of any kind arising from or relating to this
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and
effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any
reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon
termination of your rights under these Terms, your Account and right to access and use the Site will
terminate immediately. You understand that any termination of your Account may involve deletion of your User
Content associated with your Account from our live databases. Company will not have any liability whatsoever
to you for any termination of your rights under these Terms. Even after your rights under these Terms are
terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3
and Sections 4 through 10.
Company respects the intellectual property of others and asks that users of our Site do the same. In
connection with our Site, we have adopted and implemented a policy respecting copyright law that provides
for the removal of any infringing materials and for the termination of users of our online Site who are
repeated infringers of intellectual property rights, including copyrights. If you believe that one of our
users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have
the allegedly infringing material removed, the following information in the form of a written notification
(pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized
by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you
are either the owner of the copyright that has allegedly been infringed or that you are authorized to
act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written
notification automatically subjects the complaining party to liability for any damages, costs and attorney’s
fees incurred by us in connection with the written notification and allegation of copyright
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by
sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of
the changes on our Site. You are responsible for providing us with your most current e-mail address. In the
event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail
containing such notice will nonetheless constitute effective notice of the changes described in the notice.
Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our
dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the
changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of
our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement
to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with
Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms
or the use of any product or service provided by the Company that cannot be resolved informally or in small
claims court shall be resolved by binding arbitration on an individual basis under the terms of this
Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English.
This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents,
employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized
users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek
arbitration, the party must first send to the other party a written Notice of Dispute describing the nature
and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 1805
Little Orchard Street #100, San Jose, CA 95125. After the Notice is received, you and the Company may
attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or
dispute within thirty (30) days after the Notice is received, either party may begin an arbitration
proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator
until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration
Association, an established alternative dispute resolution provider that offers arbitration as set forth in
this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR
Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent
such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are
available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a
single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than
Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration,
at the option of the party seeking relief. For claims or disputes where the total amount of the award sought
is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the
Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you
reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the
U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral
hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent
jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the
Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the
award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and
shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration
is elected, the arbitration shall be conducted by telephone, online and/or based solely on written
submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration
shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the
Time Limits. If you or the Company pursues arbitration, the arbitration action must be
initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA
Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights
and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or
joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive
of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant
any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the
Terms. The arbitrator shall issue a written award and statement of decision describing the essential
findings and conclusions on which the award is based. The arbitrator has the same authority to award relief
on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and
binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO
GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes
shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more
limited, more efficient and less expensive than rules applicable in a court and are subject to very limited
review by a court. In the event any litigation should arise between you and the Company in any state or
federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE
ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this
arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and
claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with
those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential.
The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not
prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to
enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to
be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be
of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration
Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or
affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your
relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an
individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable
relief before a state or federal court in order to maintain the status quo pending arbitration. A request
for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation,
violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s
patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the
parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County,
California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in
other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical
data acquired from Company, or any products utilizing such data, in violation of the United States export
laws or regulations.
Company is located at the address in Section 10.8. If you are a California resident, you may report
complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department
of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at
Electronic Communications. The communications between you and Company use electronic means,
whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates
with you via email. For contractual purposes, you (a) consent to receive communications from Company in an
electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other
communications that Company provides to you electronically satisfy any legal obligation that such
communications would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the
use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate
as a waiver of such right or provision. The section titles in these Terms are for convenience only and have
no legal or contractual effect. The word "including" means "including without limitation". If any provision
of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be
unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and
enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent
contractor, and neither party is an agent or partner of the other. These Terms, and your rights and
obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without
Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in
violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and
conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks,
logos and service marks displayed on the Site are our property or the property of other third-parties. You
are not permitted to use these Marks without our prior written consent or the consent of such third party
which may own the Marks.
Address: 115 Inez Place, Mill Valley, CA 94941