PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
Welcome to the Buy Solar website at http://buysolar.me (the "Site"). By using this Site in any way, you agree to these Terms of Use. The term "you" as used in these Terms of Use, whether capitalized or not, refers to the individual or legal entity using this Site, including solar system installers and contractors listed on or contacted through this Site ("Installers").
The privacy policy is incorporated into these Terms of Use by reference and you should read them before using this Site.
The Buy Solar ("we") reserves the right to change these Terms of Use at any time. You are responsible for regularly reviewing these Terms of Use and your use of the Site following any change constitutes your acceptance of such change.
APPROVED USE: Buysolar.me hereby grants you a nonexclusive, nontransferable license to access and use the Site solely for personal purposes, in accordance with these Terms of Use. If you use the Site for research, you agree to acknowledge the contribution of the Site in any publication relating to the research. Please indicate that the Buysolar is "© Buysolar.me. All rights reserved."
The Marketplace Access Technology, including the software, information and content embodied in, available on, or provided through it (collectively, the Buysolar.me Materials) are protected by copyright laws throughout the world. Subject to these Terms, Buysolar.me grants you a limited license to reproduce portions of the Buysolar.me Materials for the sole purpose of using the Marketplace for your personal or non-commercial purposes.
Requests for Information and Services: You may extend an invitation to buysolar.me 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 buysolar.me 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, 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 Buysolar.me 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. You will not be called, however, unless: you provide your telephone number as part of your Submitted Request, and either specifically request to be contacted by telephone or accept a Third Party Vendor’s proposal to deliver products and/or services to you.
Registration Requirements: You are required to register with Buysolar.me in order to access and use certain Services, and must provide a valid email in order to complete your registration. Buysolar.me will generate a “screen name” for you based on the email address that you provide if and when you register (a “User ID”). You can change your Buysolar.me-generated User ID at any time. You are further required to provide Buysolar.me 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 your Buysolar.me.com account. You may not: select or use the name of another person as a User ID with the intent of impersonating that person; without proper authorization, select or use any name subject to any rights belonging to a person other than yourself; or create a User ID that is offensive, provocative, vulgar or obscene. Buysolar.me reserves the right in its sole discretion to refuse to register, or cancel any User ID. You are solely responsible for maintaining the confidentiality of your Buysolar.me.com User ID and password.
Updates: You acknowledge and agree that Buysolar.me may update the Marketplace and Buysolar.me materials with or without notifying you.
Certain Restrictions: The rights granted to you in these 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 Buysolar.me Materials or any portion thereof, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Buysolar.me Materials (including images, text, page layout or form) of Buysolar.me; (c) you shall not use any meta tags or other “hidden text” using Buysolar.me’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 Buysolar.me Materials 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 the Marketplace without Buysolar.me’s prior written permission; (f) access the Buysolar.me Materials in order to build a similar or competitive Marketplace or service; (g) except as expressly stated herein, no part of the Buysolar.me Materials 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 Buysolar.me Materials. Any future release, update or other addition to the Buysolar.me Materials shall be subject to these Terms. Buysolar.me, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Marketplace or the Marketplace Access Technology terminates the licenses granted by Buysolar.me pursuant to the Terms.
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 Buysolar.me. 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 agree not to post, email, or otherwise make available Content: that is abusive, or intended to harass or threaten, intimidate or impersonate other Users; that is libelous or defamatory, offensive, profane, or entirely unrelated to the purpose of the Site or the Services; that is intended to obtain password, account, or Personal Information (as defined in this TOU and “Privacy Policy”) from any other User; that violates the legal rights (such as the right to privacy) of others; or that infringes the copyright, trademark, patent, trade secret, or other proprietary right of any User or other party.
Each of the preceding is provided as an example of, and not as a limitation on, prohibited conduct.
You agree that, with the exception of accessing RSS feeds and other features provided by Buysolar.me allowing automated access to the Site or its Services, you will not use any other automated means to access the Site or any of the Services for any purpose without express written permission having been previously provided to you by Buysolar.me.
You further agree not to advertise to, or solicit, any User to buy or sell any products or services, except as permitted by Buysolar.me. You are prohibited from using any information obtained from the Site or the Services in order to contact, advertise to, solicit, or sell to any User without the express written consent of such User having exclusively first been obtained by means of a Submitted Request. 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, or sell or transfer your profile or user id to another.
Buysolar.me reserves the right, to be exercised in its sole discretion, to remove any Content, or deactivate any Buysolar.me.com User registration, at any time, for any reason, including but not limited to the receipt of reports or claims from third parties, or legal or regulatory authorities, relating to such Content or User, or for no reason at all. To report violations of these TOU, please email info@buysolar.me
You are solely responsible for your interactions with other Users of the Site and the Services, Channel Partners, and Third-Party Vendors. Buysolar.me reserves the right, but has no obligation, to monitor disputes between you and other Users that are the subject of Content posted by you or such other User at the Site, or materials provided or disseminated by either of you as part of the Services.
Third Party Materials: As a part of the buysolar.me materials, you may have access to materials that are hosted or provided by another party. You agree that it is impossible for buysolar.me to monitor and validate such materials and that your access, use, and reliance on these materials is at your own risk.
SOLAR SYSTEM INFORMATION UPLOAD: You may upload information about your existing solar PV or solar thermal system onto the Site by filling out the form available on the Site. By uploading data onto the Site you grant to Buysolar.me the irrevocable, perpetual, world-wide right to copy, publish, distribute, modify, creative derivative works of, and otherwise use such data, in any medium, now or hereafter known, without compensation to you. This includes, without limitation, the right, but not the obligation, to incorporate any data you upload to the Site into the buysolar.me database. USE OF THE SITE AND THE DATA UPLOAD FUNCTION IS AT YOUR OWN RISK. While we will take reasonable precautions to ensure that the Site is secure, we cannot and do not guarantee that your data will be protected from exposure, access, or hijack by an unauthorized third-party during the loading process or while your uploaded data reside in the buysolar.me database. Any loss, exposure, or damage of data is strictly at your own risk.
INTELLECTUAL PROPERTY AND OWNERSHIP: We assert no claim of copyright in, or other ownership rights to, individual data items you may upload to the Site. Except as specifically set forth in the previous sentence, the content of the Site, including without limitation, text, graphics, images, software that permits the access and use of the Site, the selection and arrangement of material on the Site, trademarks, service marks, trade names, and any other intellectual property related to the Site or Buysolar.me (collectively, “Content”) is protected by intellectual property laws, including copyright laws, and is the property of buysolar.me or licensed by buysolar.me. Except for Approved Uses, you are prohibited from copying, publishing, distributing, modifying, creating derivative works of, or otherwise using any Content without the express written consent of an authorized representative of buysolar.me.
The site buysolar.me and all related trade names and trademarks, the buysolar.me logo, buysolar.me contents are the property of buysolar.me. You may not use any buysolar.me mark in any advertisement, publicity or in any other commercial manner without buysolar.me’s prior written consent. Other trademarks, service marks, and trade names used on this Site are the property of their respective owners. References on the Site to any third party trade name, trademark, service mark, product, service or process, including without limitation those of an Installer, do not constitute or imply buysolar.me’s endorsement, sponsorship or recommendation of such third party trade name, trademark, service mark, product, service or process, unless otherwise explicitly provided.
When you provide Buysolar.me with User-Provided Content via the Site or the Services, You grant to Buysolar.me and its affiliates, representatives, and assigns a non-exclusive, fully-paid, world-wide, transferable, royalty-free license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute, store, transcode, syndicate (including, without limitation, syndication through third-party websites), broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your User-Provided Content (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any of your User-Provided Content. User-Provided Content is available to all Users of the Site and the Services. Buysolar.me reserves the right, in its sole and absolute discretion, to reject, remove or modify any User-Provided Content.
By providing Buysolar.me with User-Provided Content via the Site or the Services you thereby represent and warrant that:
you own all rights in your User-Provided Content or, alternatively, you have acquired all necessary rights in your User-Provided Content to enable you to grant to Buysolar.me the rights in your User-Provided Content described herein;
you have paid and will continue to pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your User-Provided Content (if applicable);
you are the individual pictured or heard in your User-Provided Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears and/or is heard in your User-Provided Content to grant the rights to Buysolar.me described herein;
the solar, wind, renewable or alternative energy system, if any, featured or pictured in your User-Provided Content has been installed at your home or place of business, or on one of your properties, or if you are a Third Party Vendor you have secured the permission of the owner of the system that is featured or pictured in your User-Provided Content, and you are in a position to provide User-Provided Content relating to such system;
you will make all relevant permissions relating to the User-Provided Content available to Buysolar.me upon request;
your User-Provided Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third-party; and
you agree to keep all records necessary to establish that your User-Provided Content does not violate any of the foregoing representations and warranties, and to make such records available to Buysolar.me upon Buysolar.me’s request.
Digital Millennium Copyright Act Compliance: Buysolar.me respects the intellectual property rights of others. Upon proper notice, Buysolar.me will remove User-Provided Content that violates copyright law, and will terminate the accounts of infringing Users. If you believe that any Content hosted by Buysolar.me infringes your copyright, simply provide us with the information requested here and we will remove your copyrighted works from the Site and/or the Services.
BUYSOLAR.ME AS AN INDEPENDENT VALUE ADDED FACILITATOR CUM RESELLER: You acknowledge and agree that buysolar.me is acting as a value added facilitator or reseller of one or more of its investors, banks, consultants and suppliers’ Products and Services for your convenience. Investors, banks, consultants and suppliers are independent contractors which buysolar.me does not control or assume any liability for in any regards. Unless otherwise agreed, all matters concerning the Products and Services, including but not limited to warranties, guarantees, maintenance and delivery, are solely between you and the Supplier. Buysolar.me makes no warranties or representations whatsoever with regard to any Products or Services, unless expressly agreed otherwise in writing. You will not consider Buysolar.me, nor will Buysolar.me be construed as, a party to such transactions, whether or not Buysolar.me may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, the transaction. Investors, banks, consultants and suppliers’ may provide buysolar.me certain discounts, rebates, commissions and other incentives that buysolar.me is entitled to retain in consideration for the buysolar.me materials and buysolar.me’s other obligations.
INSTALLER CONTACTS AND ARRANGEMENTS: You have the opportunity to contact Installers and order or receive goods and services through links on the Site or by contacting Installers through buysolar.me’s auction process or directly. The database of Installers included on the Site comes from latest year’s MNRE channel partner list, actual visits to installers and other solar resources websites. Installers are not required to be licensed as solar system contractors or installers. It is your responsibility to verify that Installers you contact have necessary and appropriate credentials for your location and project.
All goods and services are provided by Installers pursuant to agreements, licenses or other arrangements between that Installer and you. All aspects of your transactions regarding goods and services with Installers, including, but not limited to, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Installer. Your rights and remedies with respect to such transactions shall be solely against the applicable Installer and any questions, complaints or claims related to any goods or services should be directed to that Installer.
FINANCING PRODUCTS AND SERVICES:< Products and Services from buysolar.me, investors, banks, consultants and suppliers may include financing related products and services. Obtaining these Products and Services may require your approval for a credit, employment or other check. In addition, you acknowledge and agree that any calculations, tools or materials provided to you in connection with such Products and Services are intended only for self-help purposes and may include assumptions based on historical or forecasted information. Such calculations, tools and materials are not intended to provide financial, investment, or tax advice. Buysolar.me and its investors, banks, consultants and suppliers cannot and do not guarantee the applicability or accuracy of such calculations, tools or materials for your individual circumstances. Therefore, you should not rely solely on such calculations, tools or materials. You should consult with your independent tax, finance and other professionals for your specific circumstances. Buysolar.me and its investors, banks, consultants and suppliers calculations, tools or materials provided to you are based upon many assumptions, including the limited data you or third parties provide (e.g., estimated annual utility rate increases, tax or other credits or refunds, your tax bracket, typical weather patterns, and solar system performance, etc).
LIMITATION OF LIABILITY: YOU HEREBY AGREE NOT TO HOLD BUYSOLAR.ME, THEIR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE, OR DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH: ANY FAILURE OF PERFORMANCE; ERRORS; INACCURACIES; OMISSIONS; DEFECTS; UNTIMELINESS; INTERRUPTION; DELETION; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF CONTENT; UNAUTHENTICITY OF ANY CONTENT IN THE SITE; ANY GOODS OR SERVICES ORDERED AS A RESULT OF CONTACTS MADE THROUGH THE SITE OR THAT WERE OTHERWISE PROVIDED BY AN INSTALLER OR SOMEONE AFFILIATED WITH THE SITE, OR FOR ANY ACTION OR INACTION OF ANY INSTALLER, OTHER USERS OF THE SITE OR OTHER THIRD PARTIES; OR OTHER SIMILAR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OR SITE, EVEN IF BUYSOLAR.ME, MAHARASHTRA STATE, AND/OR ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION: You agree to indemnify, defend and hold harmless, buysolar.me, their affiliates, and their respective officers, directors, employees, agents, and representatives from and against all claims, losses, expenses, liabilities, damages, and costs (including attorneys’ fees) arising out of or relating to your (a) use of the Site, (b) violation of any third party right, or (c) violations of latest USA’s Foreign Corrupt Practices Act & UK’s Anti Bribery Act ,or (d)breach of any of these Terms of Use. Buysolar.me reserves the right to assume, at its own expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with buysolar.me in asserting any available defenses. In any event, you agree not to settle any such matter without the prior written consent from buysolar.me.
YOUR INFORMATION: Address and Account Information: In order to access and use certain features of the Marketplace you may be required to provide your address, email account, or other pertinent information. You agree to (1) provide true, accurate, current and complete information about yourself and your property as requested by the Marketplace, buysolar.me, or any Supplier; and (2) maintain and promptly update such information to keep it true, accurate, current and complete.
No False or Misleading Information: You agree not to use a false identity or provide false or misleading information, including with respect to your identity, address, or the property.
Your Responsibility: You are responsible for all activities that occur under your account and any decisions you make based on the buysolar.me Materials. You may not share your account or password with anyone, and you agree to (1) notify Buysolar.me immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your account at the end of each session. You agree that you shall monitor your account to restrict unauthorized use (for example, by minors or other unauthorized third parties). You will accept full responsibility for any unauthorized (1) use of the buysolar.me Materials, or (2) purchase of Products and Services.
Equipment and Software: You must provide all equipment and software necessary to connect to the Buysolar.me Materials. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Buysolar.me Materials.
PRIVACY: The Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”) and other web analytics tools. Google Analytics uses “cookies”, which are text files placed on your computer, to help the Site analyze how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for Site operators and providing other services relating to Site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Site. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
TERMINATION OF ACCESS OR SERVICE: We have the right (though not the obligation) in our sole discretion to block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), at any time and without notice, if you violate these Terms of Use.
We reserve the right to modify, suspend or discontinue the Site, with or without notice, at any time and without any liability to Site users.
DISCLAIMER: The information shared through this Site is not a substitute to speaking with local jurisdictions about their permitting requirements and process. This Site is a resource, guide, and evaluation tool, based on interviews, information models, and simulation methodologies, and results may be unavailable or inaccurate due to issues including, but not limited to, outdated datasets, incomplete or corrupted databases, and incomplete or corrupted GIS layers. Information on this Site regarding the activity of solar installations comes from buysolar.me (http://portal.buysolar.me/client/Input.aspx ) and buysolar.me’s associates. ANY INFORMATION, PRODUCT OR SERVICE PROVIDED THROUGH THIS SITE IS PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING WITHOUT LIMITATION WARRANTIES (i) OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, (ii) THAT THE SITE CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR (iii) THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES.
Buysolar.me has no responsibility to validate, maintain, update, or store any of the information you make available to Buysolar.me. Buysolar.me reserves the right to remove or reclaim any accounts or usernames, and all related information, at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.
DISPUTE RESOLUTION AND JURISDICTION:
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 Buysolar.me, or to any acts or omissions for which you may contend Buysolar.me 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 Indian Arbitration and Conciliation Act in force at that time. The venue of any such arbitration shall be Pune, Maharashtra. The arbitrator shall be selected pursuant to the the Indian Arbitration and Conciliation Act rules. Should no the Indian Arbitration and Conciliation Act rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Buysolar.me. In any arbitration, the costs associated with filing fee and of arbitration are to be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Pune, Maharashtra. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This agreement provides that all disputes between you and Buysolar.me will be resolved by binding arbitration. You thus give up your right to go to court to assert or defend your rights. You also give up your right to participate in or bring class actions. Your rights will be determined by neutral arbitrators and not a judge or jury.
You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using the Site and Buysolar.me's facilities and the Services, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Buysolar.me, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in and for Pune, Maharashtra. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.
These Terms of Use and all matters or issues collateral thereto shall be governed by, and construed in accordance with, the laws of the State of Maharashtra, applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of Maharashtra in India.