THE INFORMATION, DATA, OR OTHER CONTENT (“CONTENT”) ON THE WEBSITE DOES NOT CONSTITUTE LEGAL ADVICE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR THE ADVICE OF A LEGAL PROFESSIONAL. ALL CONTENT ON THE WEBSITE IS MADE AVAILABLE FOR YOUR INFORMATIONAL PURPOSES ONLY.
PLEASE BE AWARE THAT SECTION 9 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY RENOVATE AMERICA IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Community Solar Inc. will make a new copy of the Terms available on the Website. We will also update the “Last Updated” date at the top of the Terms. Any changes to the Terms will be effective immediately for new Users of the Website and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who provided an e-mail address to us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes. Community Solar Inc. may require you to provide consent to the updated Terms in a specified manner before further use of the Website is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1. USE OF COMMUNITY SOLAR INC. PROPERTIES.
The Website and the information and content available on the Website (collectively, the “Community Solar Inc. Properties”) are protected by copyright laws throughout the world. Subject to the Terms, Community Solar Inc. grants you a limited license to use portions of the Community Solar Inc. Properties solely for your personal purposes and only by authorization in writing from an officer representing Community Solar Inc.
1.1 Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Community Solar Inc. Properties or any portion of the Community Solar Inc. Properties; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Community Solar Inc. Properties (including images, text, page layout or form); (c) you shall not use any meta tags or other “hidden text” using Community Solar Inc.’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Community Solar Inc. Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Community Solar Inc. Properties in order to build a similar or competitive website; (g) except as expressly stated herein, no part of the Community Solar Inc. Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Community Solar Inc. Properties. Any future release, update or other addition to the Community Solar Inc. Properties shall be subject to the Terms. Community Solar Inc. reserves all rights not granted in the Terms. Any unauthorized use of the Community Solar Inc. Properties terminates the licenses granted by Community Solar Inc. pursuant to the Terms. The termination provided in the foregoing sentence is not exclusive of any other rights or remedies that may be available to Community Solar Inc. under law, equity, statute, or otherwise.
2.1 Community Solar Inc. Properties. You agree that Community Solar Inc. and its licensors own all rights, title and interest in the Community Solar Inc. Program Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Community Solar Inc. Properties.
2.2 Trademarks. Community Solar Inc.’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with Community Solar Inc. Properties are the trademarks of Community Solar Inc. and may not be used without the prior express written permission of Community Solar Inc. Other trademarks, service marks and trade names that may appear on or in Community Solar Inc. Properties are the property of their respective owners.
2.3 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Community Solar Inc. (“Feedback”) is at your own risk and that Community Solar Inc. has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Community Solar Inc. a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
3. THIRD-PARTY WEBSITES & ADS.
Community Solar Inc. Properties may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website or Third-Party Ad, we will not warn you that you have left Community Solar Inc. Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Ads are not under the control of Community Solar Inc. is not responsible for any Third-Party Websites or Third-Party Ads. T Community Solar Inc. provides these Third-Party Websites and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Ads, or their products or services. You use all links in Third-Party Websites and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree to indemnify and hold Community Solar Inc., its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Community Solar Inc. Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, Community Solar Inc. Properties; (b) your violation of the Terms; or (c) your violation of any applicable laws, rules or regulations. Community Solar Inc. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Community Solar Inc. in asserting any available defenses. You agree that the provisions in this section will survive any termination of the Terms or your access to Community Solar Inc. Properties.
5. DISCLAIMER OF WARRANTIES AND CONDITIONS.
5.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PACE PROGRAM PROPERTIES IS AT YOUR SOLE RISK, AND COMMUNITY SOLAR INC. PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COMMUNITY SOLAR INC. PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. COMMUNITY SOLAR INC. PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) COMMUNITY SOLAR INC. PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) THE INFORMATION, CONTENT, AND DATA ON COMMUNITY SOLAR INC. PROPERTIES ARE ACCURATE; (3) YOUR USE OF COMMUNITY SOLAR INC. PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (4) ANY ERRORS IN COMMUNITY SOLAR INC. PROPERTIES WILL BE CORRECTED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
6. LIMITATION OF LIABILITY.
6.1 Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY COMMUNITY SOLAR INC. PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMMUNITY SOLAR INC. PROPERTIES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMMUNITY SOLAR INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR INABILITY TO USE COMMUNITY SOLAR INC. PROPERTIES OR (2) ANY OTHER MATTER RELATED TO THE PACE PROGRAM PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO COMMUNITY SOLAR INC. PROPERTIES SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMMUNITY SOLAR INC. AND YOU. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
7. TERM AND TERMINATION.
7.1 Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Community Solar Inc. Properties, unless terminated earlier in accordance with the Terms.
7.2 Termination. If you have materially breached any provision of the Terms, if we are required to do so by law (e.g., where the provision of any of Community Solar Inc. Properties is, or becomes, unlawful), or if we choose to discontinue Community Solar Inc. Properties (in part or in whole), we have the right to, immediately and without notice, suspend or terminate any Community Solar Inc. Properties provided to you. If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. In the event that we determine, in our sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated inappropriate conduct, we reserve the right to (i) warn you via e-mail (to any e-mail address you have provided to us) that you have violated the Terms; (ii) notify and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iii) pursue any other action which we deem to be appropriate. If, as a result of the investigation, we believe that illegal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any data, content, or other information on or in Community Solar Inc. Properties in our possession in connection with your use of Community Solar Inc. Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to your requests for customer service; or (iv) protect the rights, property or personal safety of Community Solar Inc., its users or the public, and to comply with the requests of all law enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate. We reserve the right, in our sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you. You agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third-party for enforcing this provision.
7.3 Effect of Termination. All provisions of the Terms which by their nature should survive, shall survive termination of your use of the Community Solar Inc. Properties, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
8. INTERNATIONAL USERS.
Community Solar Inc. Properties can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Community Solar Inc. intends to announce such services or content in your country. Community Solar Inc. Properties are controlled and offered by Community Solar Inc. from its facilities in the United States of America. Community Solar Inc. makes no representations that Community Solar Inc. Properties are appropriate or available for use in other locations. Those who access or use Community Solar Inc. Properties from other countries do so at their own volition and are responsible for compliance with local law.
9. DISPUTE RESOLUTION.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Community Solar Inc. and limits the manner in which you can seek relief from us.
9.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Community Solar Inc. may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH COMMUNITY SOLAR INC., YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST COMMUNITY SOLAR INC. ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST COMMUNITY SOLAR INC. IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
9.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent for service of process at Community Solar Inc. P.O. Box 490, Rancho Cucamonga, CA 91729. The arbitration will be conducted by JAMS or other arbitration agents appointed by Community Solar Inc. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Community Solar Inc. will pay them for you. In addition, Community Solar Inc. will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Community Solar Inc. will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
9.3 Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Community Solar Inc.. The arbitration proceeding 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 arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. 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 us.
9.4 Waiver of Jury Trial. YOU AND COMMUNITY SOLAR INC. HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Community Solar Inc. are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 9.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
9.5 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. IF, HOWEVER, THIS WAIVER OF CLASS OR CONSOLIDATED ACTIONS IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR DISPUTE, NEITHER YOU NOR THE PACE PROGRAM IS ENTITLED TO ARBITRATION OF SUCH CLAIM OR DISPUTE. INSTEAD, SUCH CLAIM AND DISPUTE WILL THEN BE RESOLVED IN A COURT AS SET FORTH IN SECTION 10.5.
9.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Community Solar Inc., P.O. Box 490, Rancho Cucamonga, CA 91729, Attn: Compliance Department within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Community Solar Inc. PIN (if any), the email address you used to set up your Community Solar Inc. account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
9.7 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
9.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Community Solar Inc.
9.9 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Community Solar Inc. makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Community Solar Inc.
10. GENERAL PROVISIONS.
10.1 Electronic Communications. The communications between you and Community Solar Inc. use electronic means, whether you visit Community Solar Inc. Properties or send Community Solar Inc. e-mails, or whether Community Solar Inc. posts notices on Community Solar Inc. Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Community Solar Inc. in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Terms that Community Solar Inc. provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
10.2 Release. You hereby release Community Solar Inc. Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Community Solar Inc. Properties, including but not limited to, any interactions with third-party websites arising in connection with or as a result of the Terms or your use of Community Solar Inc. Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, 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.”
10.3 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Community Solar Inc.’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
10.4 Force Majeure. Community Solar Inc. shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
10.5 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Community Solar Inc. agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state courts located in San Bernardino County, California or federal courts located in the Southern District of California.
10.6 Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
10.7 Notice. Where Community Solar Inc. requires that you provide an e-mail address, you are responsible for providing Community Solar Inc. with your most current e-mail address. In the event that the last e-mail address you provided to Community Solar Inc. is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Community Solar Inc.’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Community Solar Inc. at the following address: Community Solar Inc., 333 City Boulevard West, 17th Floor, Orange, CA 92868, Attn: Compliance Department. Such notice shall be deemed given when received by Community Solar Inc. by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
10.8 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
10.9 Severability. If any portion of these Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
10.10 Export Control. You may not use, export, import, or transfer Community Solar Inc. Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Community Solar Inc. Properties, and any other applicable laws. In particular, but without limitation, Community Solar Inc. Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Community Solar Inc. Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Community Solar Inc. Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Community Solar Inc. are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Community Solar Inc. products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
10.11 Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
11.1 Website Disclaimer. The information provided by Community Solar Inc. (“we,” “us” or “our”) on www.comsolar.us (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
11.3 Testimonial Disclaimer. The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
11.4 Contractor Disclaimer. Community Solar Inc. does not vet, certify or endorse registered contractors other than as required by Community Solar Inc. statutes. Homeowners are responsible for selecting their own home improvement contractors.
11.5 Energy-efficiency Disclaimer. Replacing a conventional system with an energy-efficient product may lower utility bills, and may increase property value, but is not guaranteed. INDIVIDUAL RESULTS MAY VARY.