By accessing this web site, you the user are bound by the terms and conditions set forth below for your use of the web site. The site and the functions, facilities and services related thereto (“the Site”) are proprietary World Wide Web services operated and maintained by Solar Topps, LLC. This Agreement contains the terms and conditions on which Solar Topps is willing to permit your use of the Site and you must accept these terms and conditions for use of the Site. Your use of the Site signifies your agreement to the terms and conditions of this User Agreement. If you do not agree with these terms and conditions, you should exit the Site now and not use the Site in the future.
This Site may be used by you in an individual capacity or as a representative of a business entity. This Site is available only to individuals of the age of majority who can form legally binding contracts under applicable law and your use of this Site is your representation that you satisfy this requirement. You are solely responsible for maintaining the confidentiality of your password/passphrase and account if any. Furthermore, you are solely responsible for any and all activities that occur under or in connection with your account or which result from access to or use of the Site using your password/passphrase or account. Each user is solely responsible for his or her transmissions.
2. Prohibited Uses
a) You agree that you will not use the Site: (i) in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; (ii) to invade the privacy of others; (iii) to violate, plagiarize, or infringe on the intellectual property or contractual rights of any person in connection with any use of the Site; (iv) to transmit unlawful, fraudulent, offensive, obscene, pornographic, defamatory, abusive, threatening, discriminatory or otherwise objectionable material, or to encourage conduct that would give rise to civil liability of any manner.
b) You agree that you will not: (i) violate, or assist in violating, the security of the Site, whether intentionally, negligently or otherwise; (ii) impersonate Solar Topps personnel or other persons or entities; (iii) use any electronic mail message, device, software or programming routine that may impair, interfere or impose an unreasonable burden on the Site or Solar Topps; (iv) intercept or expropriate any system, data or information of this web Site; or (v) resell, assign or transfer, in whole or in part, your right to use the Site.
c) You agree to provide true, accurate, and complete information about yourself, to update such information as necessary, and to maintain the confidentiality of your password/passphrase and account designation. You agree that you are solely responsible for all activities that occur using your password/passphrase or account. You agree to notify Solar Topps immediately in the event of any unauthorized use of your password/passphrase or account or any other breach of security. You agree that Solar Topps employees may have access to your account and records as reasonably necessary to investigate complaints and maintain the Site.
3. Proprietary Materials
The Site contains trademarks, copyrights and other proprietary information and materials. This Site and all such materials are owned or licensed by us. Everything on this Site is copyrighted. You agree not to publish, modify, create derivative works from, sell or otherwise transmit or exploit any of such proprietary materials without the express written permission of the owner of the rights to such materials. You agree not to remove any copyright, trademark, or other proprietary notice or legend contained on this Site or on any materials obtained through this Site.
4. User Information; Privacy
5. No Warranties
a) The information and services included in or available through the Site may include inaccuracies or errors. Solar Topps may make improvements and/or changes to the Site at any time without notice. Solar Topps does not guarantee that access to or use of the Site will be uninterrupted or error free, that bugs or malfunctions will be corrected, or that the Site and its servers are free of harmful components. Solar Topps does not guarantee that the uses of its Site, or the materials provided within the Site, are accurate, without error, or reliable.
b) You acknowledge and agree that Solar Topps is not responsible or liable for messages you receive, even if they are unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or infringe the intellectual property or other rights of another.
c) You acknowledge that Solar Topps will not be responsible for any injuries or damages connected with the use of, loss of use of, or inability to use, the Site. Solar Topps does not guarantee that message keys will always be available. Solar Topps does not take responsibility if keys are lost for any reason. The user is solely responsible for any and all information that he or she transmits using the Site. Solar Topps will not be responsible or liable for any product acquired or requested using the Site. The user’s sole and exclusive remedy is to discontinue their use of the Site.
d) YOU AGREE TO ACCEPT THE SITE “AS IS” AND TO USE IT AT YOUR SOLE RISK. SOLAR TOPPS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR PARTICULAR PURPOSE. YOU AGREE THAT SOLAR TOPPS WILL HAVE NO LIABILITY FOR INJURIES OR DAMAGES OF ANY KIND WHATSOEVER. THIS SECTION 5 IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SOLAR TOPPS. NEITHER THE SITE NOR THE SERVICE WOULD BE MAINTAINED WITHOUT SUCH DISCLAIMERS AND LIMITATIONS OF LIABILITY IN EFFECT.
You agree that Solar Topps, its subsidiaries, officers and employees, will not be held responsible for any third party claim, demand, or damage, including reasonable attorneys’ fees, arising out of your use of the Site.
7. Export Control Laws
Export of any information from this Site is subject to all United States Export Control laws. No content from this Site may be downloaded or otherwise exported in violation of these or any other laws.
8. Amendment to User Agreement
Solar Topps has the right to amend this User Agreement at any time by posting the amended User Agreement on this Site. The amended User Agreement will be effective on the date specified in the posting. Your use of the Site following the effectiveness of any notice of amendment will indicate your acceptance of the amended User Agreement.
9. Governing Law and Jurisdiction
This User Agreement and all other aspects of your use of the Site shall be governed by the laws of the State of Arizona, without regard to its conflicts of laws principles. The parties submit to the jurisdiction of and agree that all claims and disputes arising out of this User Agreement or your use of the Site shall be submitted to and resolved by binding arbitration in Phoenix, Arizona pursuant to the rules of the American Arbitration Association, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Solar Topps may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or Solar Topps pending the completion of arbitration.
10. Links to Third-Party Sites, Advertisers and Promotions
a) The links included within this Site may allow you leave the Site and visit third party sites. These third party sites are not under the control of Solar Topps. Solar Topps will not be responsible for the contents of any third party site nor is Solar Topps responsible for the functionality of any third party site. Solar Topps provides links between our Site and third party sites to you strictly as a convenience. A link’s inclusion in this Site does not constitute an endorsement the site or its operators or of the goods or services provide by or accessed through said site.
b) Any promotions sponsored by advertisers on the Site or your dealings with said advertisers are matters solely between you and that advertiser or third party. Solar Topps will not be responsible in whole or in any part for any such connections or dealing with advertisers, third parties or their promotions.
11. Promotions, Referrals and Gift Cards
a)If not stated herein and a promotion, referral or gift card (“rewards”) is premised on an individual “going solar”, whether that be yourself or a third party, all rewards will be processed for payment when said individual has their system commissioned and all final paperwork is successfully processed by the Company. Moreover, all offers shall expire unless stated otherwise on Company approved material, within thirty days (30) from when issued by the Company. Unless stated otherwise, all rewards will be accepted only if a valid coupon has been provided by the Energy Consultant, signed by the Topps’ customer at time of entering into an agreement to “go solar,” and has been received in Company’s office prior to expiration date.
b)”We Pay Your Last 3 Electric Bills” Promotion: The Company will pay a Topps Customers’ last three electric bills the customer paid prior to going solar. This value will be paid once the account owner to whom the Topps Customer Account is associated is able to show proof of payment of these bills. The value paid by the Company is capped at $500 for the total of the three month period. This period will be determined by the Company as requested in its sole discretion. Lastly, this promotion is not valid if the Topps’ customer has received any amount of a discount on the system price when entering into the agreement.
12. Vendor Agreements
No Employee, independent contractor or their agent have any authority to act, to enter into any contract, or to incur any liability on behalf of the Company. There will be no actual or implied authority to act in such a manner unless specifically authorized by the Company President in writing beforehand to the third party with whom relationship is being established. All contractual obligations, to be valid and enforceable, must be entered into by and only with the Company President and a Certified Copy of Resolutions of Corporation must be provided by the Company to the Vendor. Moreover, electronic signatures will not suffice. All valid contracts must contain a wet-signature.
13. Entire Agreement
This User Agreement and all materials incorporated by reference constitute the entire understanding between you and us with respect to your rights and obligations as a user of the Site. If any provision of this User Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. The failure by Solar Topps to enforce any provision of this User Agreement at any time is not a waiver of any provision or right.