Section 1. Agreement and Acceptance
As used in these TOU, the terms "you" and "User" shall mean any visitor to the Site or user of the Services (as defined in Section 3, “Description of Services; Limitations on Services,” below), including any Third-Party Vendors (as defined in Section 3, below) or any employee thereof, whether for their own personal use or on behalf of their employer.
By accessing the Site or using the Services you agree to accept and comply with these TOU. In addition, by utilizing any of the resources or Services available at the Site, whether by directly accessing the Site or such Services via alternative means (for example, telephone, email, mail, text, or facsimile transmission) you are agreeing to comply with these TOU and any applicable posted guidelines relating specifically to those resources or Services. CSC reserves the right to modify these TOU, and any such guidelines, at any time, without notice to you. (See Part II below, “Modifications to This Agreement.”)
If you object to any term or condition of the TOU, or any guidelines, or any subsequent modification to either the TOU or any such guideline, your only recourse is to immediately cease accessing the Site, and to cease using the resources and Services available at the Site. CSC retains, but is not obligated to exercise, the right to strictly enforce the TOU and posted guidelines through any means that it may deem necessary or desirable, including, without limitation, self-help and litigation.
Section 2. Modifications to This Agreement
CSC reserves the right, in its sole discretion, to change, modify, or otherwise alter the TOU at any time, without notice. Such modifications shall become effective immediately upon the posting thereof. The TOU comprise an agreement between you and CSC, and you must review the TOU on a regular basis to keep yourself apprised of any changes to that agreement which exists between you and CSC.
Section 3. Description of Services; Limitations on Services
From time to time CSC may provide Content (as defined below), together with certain resources and services, all as described more fully on the Site (the "Services").
The Services CSC provides to you may include, but may not be limited to, the following: calculators, estimators, proposal solicitation platforms, graphical representations of financial and energy performance data, dashboards, self-evaluation guides, maps, summaries, digests, and blogs; information concerning third-party vendors including, but not limited to, solar developers, community solar operators, or community solar owners (each a “Third Party Vendor” or the “Third-Party Vendors”); and product and service descriptions, including materials provided by Third-Party Vendors (whether such materials are delivered to you via the Site or through the Services, or delivered to you directly or indirectly by us or a Third-Party Vendor in response to a Submitted Request, as defined in Section IV below, “Requests for Information and Services”). Your acceptance of these materials, whether displayed or transmitted on the Site, or through the Services by means including, but not limited to, text, User comments, messages, information, data, graphics, articles, brochures, photographs, images, illustrations, software, audio clips, and video clips (collectively, "Content"), is subject to these TOU. CSC may change, suspend or discontinue the Services, including any Content, at any time, for any reason. CSC may also place limitations on certain features and Services or restrict your access to parts of or all of the Services, without notice or liability.
Unless expressly stated in writing on the Site or in Content relating to the Services, nothing contained therein shall constitute an offer or promise to deliver any products and services, whether by CSC or any Third-Party Vendor. Third-Party Vendors may not offer all products and services described on the Site, or described in Content relating to such services, in all states, or in all communities within a state, and the offer of certain products or services to Users may be subject to certain qualifying criteria that are not established by CSC, and over which CSC has no influence, authority or control.
Section 4. Requests for Information and Services.
You may extend an invitation to CSC or any Third-Party Vendor to provide you with information about products and/or services, or to furnish you with proposals to deliver products and/or services (a “Submitted Request”). Any Submitted Request that you deliver to CSC or to a Third-Party Vendor will permit either or both of them, as appropriate, to deliver information and/or proposals to you via the Site, telephone (if you provide your telephone number as part of your Submitted Request), email, text, mail, facsimile transmission, or any other means. If you provide your telephone number as part of your Submitted Request, your Submitted Request shall also constitute an express written request that authorizes CSC or any such Third-Party Vendor to contact you via telephone, even if your telephone number is listed on a state or federal Do Not Call registry maintained pursuant to state or federal law. By providing us with your information or subscribing to Services through CSC, you consent and agree to CSC sharing your information with Third-Party Vendors and such other parties reasonably necessary for you to subscribe to a community solar project. Your subscription to a community solar project through CSC will be considered a Submitted Request.
Section 5. Subscription Requirements
In order to subscribe to a community solar program, you may be required to register with CSC or a Third-Party Vendor in order to access and use certain Services and must provide a valid email in order to complete your registration. You are required to provide CSC and its Third-Party Vendors with accurate, complete, and up-to-date registration information. Failure to provide registration information that meets these standards shall constitute a breach of these TOU, and will result in the immediate suspension and possible termination of Services.
Section 6. Third-Party Content and Websites; Third-Party Transactions and Services
The Site may contain Content, features and functionalities, that may link you or provide you with access to information and content provided by third parties, including Third-Party Vendors, who are completely independent of CSC, including web sites, directories, servers, networks, systems, databases, applications, software, programs, products, or services. CSC makes no representation or warranty as to the accuracy, completeness, or authenticity of the information obtained from or contained in any such web site, directory, server, network, system, database, application, software, program, product, or service, and under no circumstance will CSC be liable in any way for content provided by third parties, including Third-Party Vendors, or for any loss or damage of any kind incurred as a result of the use of, or reliance upon, such content.
CSC is a community solar subscriber organization. CSC may, in turn, receive a fee or other compensation from community solar developers, community solar operators, community solar owners, or other Third-Party Vendors, for providing them with the opportunity to respond to Submitted Requests (“Opportunities”). CSC does not charge home or business owners a fee either to use the Site or any of the Services. CSC is not a community solar operator or other energy service provider or producer. When you become a subscriber to a community solar project, CSC will package your subscriptions with others and assign or transfer them to a Third-Party Vendor who owns, operates, or services a community solar project. By subscribing to a community solar project through CSC, you understand and acknowledge that your subscription may not be placed until a community solar project becomes (i) available, (ii) operational, and (iii) is accepted by a Third-Party Vendor operating or servicing the community solar project. Under no circumstance will CSC be liable in any way for services or products provided by third parties, including Third-Party Vendors, or for any loss or damage of any kind incurred as a result of the use of, or reliance upon, such products or services.
You agree that CSC shall not be responsible or liable for any loss or damage of any kind that is incurred as the result of any such dealings with organizations, firms, Third-Party Vendors, and/or individuals found on or through the Site or the Services. If there is a dispute between you and any other User(s) of the Site or the Services, or any third party, including any not-for-profit community solar circle participants, you understand and agree that CSC is under no obligation to resolve the dispute, or assist with its resolution. In the event that you have a dispute with one or more other users of the Site or the Services or any Third-Party Vendor, you hereby release CSC, its officers, employees, agents and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
Section 7. Conduct
You promise not to use the Site or any of its Services for any purpose that is unlawful, that is otherwise prohibited by these TOU, or that is not reasonably intended by CSC. Neither may you use the Site, nor, any of the Services in any manner that could interfere with another party’s use and enjoyment of the Site, or any of the Services.
You further agree that you shall not use the Site or any service on behalf of, at the request of, or pursuant to the instruction of, any third party.
Section 8. Disclaimers and Liability
CSC intends that the information contained in the Site and the Services be accurate and reliable; however, errors do sometimes occur. In addition, CSC may make changes and improvements to the information provided herein at any time. Under no circumstances will CSC be liable for any loss or damage caused by your reliance on information obtained through the Site or the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site or the Services.
The Site and the Services, and the information, software, products and services associated with them are provided "as is." CSC and/or its suppliers, providers, community solar owners, or other professionals, disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the Site and the Services, and any information, software, products and services provided therein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Your use of the Site and/or the Services is at your own risk. Even if CSC and/or its suppliers, providers or other professionals have been advised of the possibility of damages, neither CSC nor its suppliers, providers, or other professionals shall be liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with:
- the use or the inability to use the Site and/or the Services, or any delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failures, theft, destruction or unauthorized access to CSC’s records, programs or services;
- any information, software, products and services obtained through the Site or the Services, including but not limited to reliance by you on any information obtained at the Site or the Services, or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, or defects;
- viruses, worms, trojan horses, trap doors, or other code or computer programming routines that contain contaminating or destructive properties, or that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
- or that otherwise arise out of the use of the Site or the Services, whether resulting in whole or in part from breach of contract, tortious behavior, or negligence. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Section 9. Indemnity
As a condition for using the Site and/or the Services, you agree to indemnify CSC and its Third-Party Vendors from and against any and all liabilities, expenses (including attorneys’ fees), and damages arising out of claims resulting from your use of the Site and/or the Services including, without limitation, any claims alleging facts that, if true, would constitute a breach by you of this Agreement.
Section 10. Errors and Delays
CSC is not responsible for any errors or delays in responding to a request or referral form caused by, including, but not limited to, an incorrect email address or telephone number provided by you or other technical problems beyond our reasonable control, or for any errors or delays in responding to a request or referral form submitted to any third-party, including Third-Party Vendors.
Section 11. Dispute Resolution
Any claim or controversy arising out of or relating to the use of the Site or the Services, to any goods or services provided by CSC, or to any acts or omissions for which you may contend CSC is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The venue of any such arbitration shall be Camden County, New Jersey. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to CSC. In any arbitration, CSC will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefor.
Section 12. Other Terms
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Site and the Services, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Site and the Services and any operating rules for the Site or the Services established by CSC), constitutes the entire agreement between you and CSC and it supersedes all prior or contemporaneous communications, promises, and proposals, whether oral, written or electronic, between you and CSC with respect to the Site and the Services, and the information, software, products and services associated with either of them. This Agreement shall be subject to and construed in accordance with the laws of the State of New Jersey, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.