IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIALS AND CLASS ACTIONS GOVERNING DISPUTES ARISING FROM USE OF THE DIFFERENT ENERGY SITES AND SERVICES. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION SECTION BELOW. PLEASE READ CAREFULLY.
These Different Energies Terms of Use (“Terms”) govern access to and use of the Different Energies LLC’s (“Different Energies,” “we” or “us”), and its affiliates’, websites located at www.differentenergies.com and www.shopsolar.ai (the “Sites”), and various Different Energies services (the “Services”) by Site visitors (“Site Visitors”), service providers of Different Energies (“Service Providers”), and Service Providers’ Authorized Users (as defined below) who submit information to Different Energies on behalf of a Service Provider (collectively, the “Users”). By using the Site or any Different Energies Services, you as a User accept these Terms (whether on behalf of yourself or a legal entity you represent). An “Authorized User” of a Service Provider is an individual natural person, over the age of eighteen (18), whether an employee, business partner, contractor, or agent of a Service Provider who is registered or permitted by Service Provider to use the Different Energies Services subject to these Terms. Users may be referred to in these Terms as “you” and “your” as applicable. For the avoidance of doubt, all references to the “Sites” in these Terms also includes any Different Energies Services offered through the Sites.
BY ACCESSING, USING, DOWNLOADING, OR UPLOADING ANY INFORMATION FROM OR TO THE SITES, OR USING THE SERVICES, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE SITES AND SERVICES IMMEDIATELY.
Acceptance of Terms. Please check these Terms periodically for changes. If you do not agree to the Terms, please do not use the Sites. By using the Sites, you acknowledge that you have read, understood and agree to these Terms. Your continued use of any Site following the posting of any changes to the Terms constitutes acceptance of those changes.
Credentials & Passwords. You agree that at all times you shall keep confidential, maintain and control all user names and passwords used to limit your, and your access to the Sites, and that you are exclusively responsible for all activities that occur in connection with such user names and passwords. You agree to immediately notify Different Energies of any disclosure to, or use of, any such usernames or passwords by any other individual. Different Energies will not be liable for any loss or damage of any kind, under any legal theory, caused by your failure to comply with the foregoing obligations.
Privacy Policy. Any information that you post to the Sites or otherwise provide to us in connection with your use of the Sites, including but not limited to contact information, addresses, and photos (collectively “User Content”) will be used by us in accordance with our Privacy Policy.
Eligibility; Use of the Sites.
Different Energies Content.
Rules regarding User Content.
The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages or profiles, calendars, blog comment sections and/or other interactive features that allow Users to post, submit, publish, display or transmit to others or other persons (hereinafter, “post”) content or materials (including User Content, “User Contributions”) on or through the Sites. The following rules apply to your posts and use of User Contributions and User Content. The list of rules is for illustration only and is not a complete list.
Security Rules.
Service Provider Warranties. You hereby represent and warrant to Different Energies that: (a) you have all requisite rights and authority to use the Sites and Different Energies Services under these Terms and to grant all applicable rights herein; (b) you are responsible for all use of the Different Energies Services associated with your Account, and the Accounts of your Authorized Users (if applicable); ( c) you are solely responsible for maintaining the confidentiality of your Account name(s) and password(s); (d) you agree to immediately notify Different Energies of any unauthorized use of your Account of which you become aware; (e) you agree that Different Energies will not be liable for any losses incurred as a result of a third party’s use of your Account, regardless of whether such use is with or without your knowledge and consent; (f) you will use the Different Energies Services for lawful purposes only and subject to these Terms; (g) any User Content you submit, upload, or send to Different Energies is true, accurate, and correct; and (h) you will not attempt to gain unauthorized access to the Site or the Different Energies Services, other Accounts, computer systems, or networks under the control or responsibility of Different Energies through hacking, cracking, password mining, or any other unauthorized means.
Different Energies Disclaimer of Warranties.
THE SITES, AND ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. EACH SITE IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DIFFERENT ENERGIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CONTENT ON THE SITE OR FROM OTHER USERS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN ADDITION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITES IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability. Under no circumstances shall Different Energies, its officers, directors, employees, affiliates, or licensors be liable for any consequential damages (including, without limitation, indirect, punitive, incidental or special damages, damages for loss of profits, goodwill, use, data or other intangible losses (even if Different Energies has been advised of the possibility of such damages) including, without limitation, any that result from: (i) the use of, or inability to use, the Sites; (ii) your reliance on advice, information, or other content on the Sites; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Sites; (iv) unauthorized access to or alteration of your transmissions or data, including User Content; (v) statements or conduct of any third party on the Sites; or (vi) any other material relating to the Sites. Different Energies, its officers, directors, employees, affiliates and licensors shall only be liable to the extent of actual damages incurred by you, not to exceed the purchase price received by Different Energies for the Service giving rise to the liability. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Different Energies has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Different Energies’s liability in such jurisdictions shall be limited to the extent permitted by law.
Indemnity. You agree to defend, indemnify, and hold harmless Different Energies (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third-party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any User Content posted or submitted by you, your use of the Services or your breach of these Terms. Different Energies shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding. Different Energies reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Different Energies in asserting any available defenses.
International Use. Different Energies is headquartered in the United States and stores and processes User Content in the United States. Users who access any Site from outside the United States are responsible for compliance with local laws, if and to the extent local laws are applicable. Different Energies makes no claims that the Sites or content thereon are appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries, and such persons have no right to access or use any Site. If you access any Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Copyright Policy. Different Energies respects the intellectual property rights of others and expects visitors to the Sites to do the same. Different Energies will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to Different Energies using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Different Energies reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. Different Energies may also terminate a repeat infringer’s Account. Different Energies’ designated copyright agent for notice of alleged copyright infringement appearing on the Sites can be reached at marketing@differentenergies.com.
Mandatory Arbitration, Waiver of Class Actions. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
This Mandatory Arbitration, Waiver of Class Actions section shall survive any termination of your use of the Sites.
Modifications to Service. Different Energies reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Sites or some or all of the content or Services offered through the Sites, with or without notice. You agree that Different Energies shall not be liable to your or to any third party for any modification, suspension or discontinuance of any of the Sites or some or all of the Services offered through the Sites.
By participating in this promotion, you agree to the following terms and conditions:
Contact Information. If have any questions or should you need any additional information about issues relating to the Sites, please contact us at:
Different Energies LLC
2137 NJ-35 North, Ste. 330
Holmdel, NJ 07733
United States
Telephone: (855) 343-3768
Email: legal@differentenergies.com
Version History: 081224 v1
We’ve equipped our platform with the latest technology to ensure you have the tools you need to customize your solar system from the comfort of…anywhere. We’re even available at the press of a button, a text, a phone call, or online—you are not alone.