Website Terms and Conditions

Agreement between User and SolarTech

We welcome you to the Solar Tech Energy Systems, Inc. (“SolarTech”) website and thank you for visiting. This website, located at https://solartechonline.com/ (the “Website”), is comprised of various web pages operated by SolarTech and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms of Use”). Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://solartechonline.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to SolarTech, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without SolarTech’s express prior written consent.

You may use information on SolarTech products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by SolarTech for downloading from the Website, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

License to Use Website/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms of Use. All Content included on the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of SolarTech or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. SolarTech Content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected Content solely for your personal use, and will make no other use of the Content without the express written permission of SolarTech and the copyright owner. You agree that you do not acquire any ownership rights in any protected Content. We do not grant you any licenses, express or implied, to the intellectual property of SolarTech or our licensors except as expressly authorized by these Terms of Use.

Your Use of the Website

As a condition of your use of the Website, you warrant to SolarTech that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. SolarTech reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any SolarTech server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of SolarTech, including any SolarTech account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

Harassment in any manner or form on the Website, including via e-mail or chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a SolarTech or other employee, host or representative, as well as other members or visitors of the Website, is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate the law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.

SolarTech does not and cannot review all communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Website, SolarTech is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, SolarTech reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, in its sole opinion, (b) fraudulent, deceptive or misleading, (c) in violation of copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to SolarTech at its sole discretion.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or SolarTech’s systems or networks, or any systems or networks connected to the Website or to SolarTech. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SolarTech on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SolarTech or others.

Electronic Communications

Visiting the Website or sending emails to SolarTech constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. Any feedback you provide at this Website will be deemed to be non-confidential. SolarTech will be free to use such information on an unrestricted basis.

SMS Terms of Service

PLEASE READ THESE SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR SOLARTECH’S TEXT MESSAGING PROGRAM. BY SIGNING UP FOR THIS TEXT MESSAGING PROGRAM, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE TERMS AND CONDITIONS, and you expressly consent to receive text messages, as applicable, from SolarTech, at the telephone number(s) that you provide.

1. By opting in, you agree to receive periodic SMS messages from SolarTech. These messages may include alerts, updates, promotions, notifications or other relevant information related to our services.
2. Message Frequency: Message frequency may vary. You may receive up to 5 messages per month from us.
3. Costs: Standard message and data rates may apply. Please consult your mobile service provider for details on any fees that might be applicable.
4. Customer Support and Information: For assistance, please contact our customer service team via email at [email protected] or by calling (619) 743 9193. You may also text “HELP” to (619) 743 9193.
5. Opt-Out Instructions: To stop receiving SMS from us, reply “QUIT” or “STOP” to any message.
6. We may update these terms from time to time. Any changes will be posted on our Website, and your continued use of the service will signify your acceptance of these changes.
7. Privacy: Your privacy is important to us, and SolarTech will not share your phone number with third parties for marketing or promotional purposes. Please refer to our https://solartechonline.com/privacy-policy/ for more information on how we protect your data.

Privacy

SolarTech’s Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. To view SolarTech’s Privacy Policy https://solartechonline.com/privacy-policy/. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Children Under Eighteen

SolarTech does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use the Website only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of SolarTech and SolarTech is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SolarTech is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SolarTech of the site or any association with its operators.

Certain services made available via the Website are delivered by third party sites and organizations. By using any product, service or functionality originating from the Website, you hereby acknowledge and consent that SolarTech may share such information and data with any third party with whom SolarTech has a contractual relationship to provide the requested product, service or functionality on behalf of the Website users and customers.  

International Users

The Service is controlled, operated and administered by SolarTech from our offices within the United States. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. SolarTech reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Indemnification

You agree to indemnify, defend and hold harmless SolarTech, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SolarTech 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 SolarTech in asserting any available defenses.

Disclaimers

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SOLARTECH AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. SolarTech DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SolarTech CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SolarTech DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SolarTech DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY SolarTech SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST SolarTech FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

SolarTech reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOLARTECH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SOLARTECH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Termination/Violation of Terms of Use

SolarTech reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. SolarTech may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) SolarTech’s rights or property, or the rights or property of visitors to or users of the Website, including SolarTech’s customers. SolarTech reserves the right at all times to disclose any information that SolarTech deems necessary to comply with any applicable law, regulation, legal process or governmental request. SolarTech also may disclose your information when SolarTech determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that SolarTech may preserve any transmittal or communication by you with SolarTech through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or SolarTech determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of SolarTech, its employees, users of or visitors to the Website, and the public.

You agree that SolarTech may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to SolarTech, for which monetary damages would be inadequate, and you consent to SolarTech obtaining any injunctive or equitable relief that SolarTech deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SolarTech may have at law or in equity.

You agree that SolarTech may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.

If SolarTech does take any legal action against you as a result of your violation of these Terms of Use, SolarTech will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to SolarTech. You agree that SolarTech will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.

Force Majeure

SolarTech will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemics and similar events, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between SolarTech and you arising out of or in connection with your use of the Website, the parties will attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit the matter to confidential, final and binding arbitration before a single arbitrator in San Diego County, California, administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules (see https://adr.org/) with one arbitrator. You and SolarTech shall equally share the arbitration costs and each party shall be responsible for its own attorney’s fees. The arbitrator shall apply California law to the merits of any dispute or claim, excluding those laws that direct the application of the laws of another jurisdiction. You hereby consent to the personal jurisdiction of the state and federal courts located in San Diego County, California for any action or proceeding arising from or relating to this Consulting Agreement or relating to any arbitration in which the parties are participants. Judgment upon the award of the arbitrator may be rendered in any court of competent jurisdiction. 

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SolarTech as a result of this agreement or use of the Website. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect. These Terms of Use constitute the entire agreement between you and SolarTech with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and SolarTech with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with SolarTech, SolarTech will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. SolarTech’s failure to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by SolarTech of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between SolarTech and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use will not be interpreted or construed to confer any rights or remedies on any third parties.

SolarTech may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with SolarTech. These Terms of Use supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.