Effective Date: November 15, 2023
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. This Terms of Use and End User Agreement (the “Agreement”) is a binding contract between you (“you”) and Lifestyle Solar LLC, including its subsidiaries and affiliates (collectively referred to as “we”, “us”, or “Lifestyle Solar”). This Agreement governs your use of our online services and digital platforms (the “Platform”), which includes computer applications, scripts, browser plugins, applets, and websites. This Agreement exclusively pertains to your use of our Platform, inclusive of all its enhancements, versions, and modifications.
NOTE: SUBJECT TO APPLICABLE LAW, THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE MANDATORY ARBITRATION SECTION CAREFULLY.
By selecting the “I accept” checkbox or button, signing (including via electronic signature) or through any other mechanism designed to acknowledge acceptance of this Agreement, you (a) agree to be bound by this Agreement on behalf of yourself and, if applicable, on behalf of the entity you represent, and (b) affirm that you are authorized to act on behalf of and bind yourself and, if applicable, the entity you represent (referred to as the “Platform User”).
If you do not agree to this Agreement, or if you lack the authority to bind yourself or the entity you represent, DO NOT SELECT THE “I ACCEPT” CHECKBOX OR BUTTON. In such a case, neither you nor the entity will be permitted to access or use the Lifestyle Solar platform or its associated services.
1. DEFINITIONS
1.1 “Lifestyle Solar Platform” or the “Platform” refers to LifestyleSolar.com and any software, application, portal, web application or similar tool provided by Lifestyle Solar for use by customers, potential customers, the public, or any service providers or partners.
1.2 “Platform Content” or “Content” encompasses any information, data, content, and materials accessed or received through the Lifestyle Solar Platform. This may include Lifestyle Solar’s proprietary data and confidential information as defined in the applicable Relationship Agreement.
1.3 “User” denotes an individual who accesses and uses the Platform for personal use.
1.4 “Advocate” refers to an individual who registers as an advocate to promote Lifestyle Solar and refer new customers.
1.5 “Account” signifies the registered account through which a User and/or Advocate accesses the password-protected sections of the Platform.
For those signing up as Advocates, please refer to the additional terms applicable to your use of the Platform.
INDIVIDUAL PLATFORM USER AGREEMENT
2. CONDITIONS OF USE
2.1 To access and use the Platform, you must be at least 18 years old and reside in the United States. By using the Platform, you represent that (i) you are not located in a country under a United States government embargo, or designated as a “terrorist supporting” country; and (ii) you are not listed on any United States government list of prohibited or restricted parties.
2.2 By accessing or using the Lifestyle Solar Platform, you signify your acceptance of and agreement to all terms and conditions of this Agreement, and consent to the installation of any software, including scripts, browser plugins, applets, and mobile applications that are part of the Platform, on the device you use to access the Platform. If you do not agree to this Agreement, do not install, access, or use the Platform.
3. THIRD-PARTY SERVICE PROVIDERS
3.1 You acknowledge that some services may be provided by third-party service providers (“Service Providers”). This Agreement is between you and Lifestyle Solar, not with any Service Provider. Use of the Platform may require you to agree to terms and conditions provided by the Service Provider.
3.2 Lifestyle Solar disclaims, to the extent permitted by law, all liability related to the Platform’s content, maintenance, support, or any claims involving the Service Provider’s conduct or content.
4. LIFESTYLE SOLAR SERVICES AND CONTENT
4.1 Platform Access: Subject to this Agreement, Lifestyle Solar will provide access to the Platform on a hosted basis.
4.2 Account Credentials: If an Account is created, Lifestyle Solar will assign user IDs and passwords, which must be kept confidential. The User is responsible for any unauthorized use of these credentials.
4.3 Usage Restrictions: Users must not misuse the Platform, attempt to gain unauthorized access, reverse engineer the Platform, or use it for illegal purposes. Lifestyle Solar reserves the right to monitor use of the Platform.
4.4 Content Ownership: Content available through the Platform is owned by Lifestyle Solar, Service Providers, or other third parties and is protected by intellectual property laws. Users may not exploit any Content without proper authorization.
4.5 Uploaded Content: Users are responsible for any content they upload to the Platform and must ensure it does not violate any rights or laws. Uploaded personal information will be handled as per Lifestyle Solar's Privacy Policy.
5. FINANCIAL TERMS
5.1 Fees: Certain services or purchases through the Platform may incur fees.
6. ORDERS AND PAYMENT
6.1 Purchases through the Platform are subject to additional terms specified during the transaction.
6.2 Lifestyle Solar reserves the right to modify prices and terms without notice. Prices may vary from other channels.
6.3 By completing a purchase, you agree to pay all specified prices, taxes, and fees. Incomplete payments may result in order cancellation.
6.4 Residential Solar Installation: A refundable deposit is required for solar installation reservations. The deposit will be refunded if the installation agreement is not executed.
7. MOBILE TERMS AND CONDITIONS
7.1 Lifestyle Solar Alerts: Opt-in to receive updates and promotional messages by texting a designated code. Message frequency varies. Message and data rates may apply. Consent is not a condition of purchase.
7.2 STOP Information: Text STOP to the provided number to stop receiving Lifestyle Solar Alerts.
7.3 HELP Information: For additional information, text HELP to the provided number or contact Lifestyle Solar's customer service.
7.4 Supported Carriers: Includes major carriers. Carrier is not liable for delayed or undelivered messages.
8. OWNERSHIP
All rights, titles, and interests in the Lifestyle Solar Platform and its components are owned by Lifestyle Solar. No implied licenses are granted under this Agreement.
9. DISCLAIMERS
9.1 The Lifestyle Solar Platform is provided "AS IS" without any warranties, express or implied. Lifestyle Solar disclaims all warranties to the extent permitted by law.
9.2 Lifestyle Solar does not warrant uninterrupted or error-free access to the Platform or data integrity.
10. LIMITATION OF LIABILITY
10.1 Lifestyle Solar is not liable for any indirect, consequential, punitive, or exemplary damages. The maximum liability under this Agreement is limited to $500.
11. TERMINATION
11.1 Breach of Agreement: In case of a breach, Lifestyle Solar may suspend or terminate your access to the Platform.
11.2 Effect of Termination: Upon termination, your right to use the Platform ceases, and Lifestyle Solar may dispose of any Uploaded Content.
12. DISPUTE RESOLUTION
12.1 Arbitration: Disputes will be resolved through arbitration in accordance with the AAA Commercial Arbitration Rules.
12.2 Waiver of Class Action: Both parties waive the right to participate in class or representative actions.
13. PRIVACY
Review the Lifestyle Solar Privacy Policy for information on data collection, use, and disclosure.
14. GOVERNING LAW
This Agreement is governed by the laws of the State of Pennsylvania, without regard to conflict of law principles.
15. GENERAL
15.1 Assignment: Users cannot assign rights or delegate obligations without prior written consent from Lifestyle Solar.
15.2 Notices: All notices must be in writing and will be deemed given upon receipt.
15.3 Waiver: No waiver will be effective unless in writing.
15.4 Severability: If any part of this Agreement is invalid, the remaining provisions will remain in effect.
15.5 Relationship of Parties: This Agreement does not create a partnership, agency, or employment relationship.
15.6 Export Laws: Users must comply with all applicable export laws.
15.7 Changes to Agreement: Lifestyle Solar may modify the Agreement at any time without liability.