Terms & Conditions

Website Terms and Conditions

Urban Solar is a website located at www.UrbanSolar.com and is owned and operated by Urban Solar Group Inc. These Website Terms and Conditions are revised as of August 10, 2022.

Welcome to www.UrbanSolar.com (the “Website”). Urban Solar Group Inc. provides access to the Website to you subject to the following terms and conditions. In return for accessing the Website, you agree to be bound by these terms and conditions of use without limitation or qualification. This is a legally binding agreement between you as user(s) of the Website (sometimes referred to as “you”, or “your” hereinafter) and Urban Solar Group Inc. (sometimes referred to as “we”, “our” or “www.UrbanSolar.com” hereinafter). If you do not intend to be legally bound by these terms and conditions of use, do not access, or use the Website. Essentially, if you visit the Website, you accept all terms and conditions of use. Please read them carefully. If you do not agree to these terms of use in their entirety, you may not use the Website and should not proceed to register.

We may modify these terms and conditions from time to time. If you do not agree to any modifications, you should terminate your use of our Website and its Service (as defined below). Your continued use of the Website will constitute a binding acceptance by you of these terms and conditions, or any subsequent modifications.

Website and Services

The Website provides you with the ability to contact Urban Solar, request a quote for our services, view Case Studies participate in our Referral Program access to our Service Areas Map, and other services that may be available in the future (collectively referred to as the “Service”). More specifically, our “Service” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and any other materials you may view on, access through, or contribute to the Website. The Service includes all aspects of the Website, including but not limited to all profiles, tools, and services offered via the Website.

The Service may contain links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any other person or third party websites. By using our Website and the Service, you expressly relieve us from any and all liability arising from your use of the Website and the Service, including any third-party website.

Services

Residential and Commercial Solar Panel Systems. The Website provides you with information about Urban Solar and its Service, including but not limited to the installation of solar photovoltaic systems for residential and commercial constructions. Any fees paid in connection with the Service will be governed by the terms set forth in the Purchase Agreement. We attempt to be as accurate as possible when describing our Service on the Website. However, we do not warrant that service descriptions or other content of this website are accurate, complete, reliable, current, or error-free.

Request a Quote and/or Consultation. The Website enables you to communicate with us and our energy specialists electronically, including but not limited to, submitting a Contact Us form or requesting a quote. In order to receive a quote and/or consultation, you must provide personal information such as your name and email address. By providing us this information you consent to electronic communications from Urban Solar.

Blog. The Website hosts a variation of blog and textual and visual material related to the solar industry and Service (the “Blog”). We attempt to be as accurate as possible when collecting and publishing information for the Blog; however, we do not warrant that the information is accurate, up to date, or error free. We also reserve the right, but have no obligation, to monitor all existing information within the Blog to ensure its accuracy. Blog posts may contain links to third-party websites that are not owned or operated by Urban Solar. We assume no responsibility for the content, privacy policies, practices, or transactions that may occur on these linked third-party websites. Additionally, we are not responsible for any damages or activity that may arise out of use of the information displayed in the Blog.

Case Studies. The Website also hosts Case Studies (“Case Studies”) which display various residences and commercial constructions that have engaged with the Service. Case Studies may contain third-party imagery protected by copyright. We attempt to be as accurate as possible when publishing Case Studies; however, we do not warrant that the information is accurate, up to date, or error free. While we endeavor to provide the best possible results for every client, we cannot guarantee the same results in all projects.

Referral Program. You may refer potential customers to Urban Solar in exchange for a reward (“Referral Program”). To participate you must provide the requested information, including but not limited to your name, email address, the referral’s name, and the referral’s email address. If the referral hires Urban Solar for any of its services, you shall receive a Visa gift card within 30 days of the completion of an Urban Solar installation. We determine the amount of the Visa gift card is our sole discretion and reserve the right to terminate the Referral Program at any time and for any reason.

Service Areas Map. The Service Areas Map (“Map”) enables you to search for current Urban Solar installations by geographic area. We may utilize third party technology to populate, operate, or update the Map. While we do our best to ensure the Map is operational and accurate, we cannot guarantee the listings are perfectly accurate. We are also not obligated to regularly monitor and/or update the Map.

Partnership. The Website enables you to apply for participation in Urban Solar’s Partnership Program. The Partnership Program allows you to participate as a Sales Partner or Build Partner to assist Urban Solar in providing its Service in exchange for monetary compensation (“Partnership Program”). The terms and conditions set forth in Oracle NetSuite, a third-party support portal for the Partnership Portal, shall govern the Partnership Program. To participate with this particular service on the Website you must provide information, including but not limited to, your name, email address, phone number, and company name. We reserve the right to suspend or terminate access to the Partnership Program at any time for any reason.

Service Use Terms

Eligible Users

You must be at least 18 years of age to access and use the Services. Any use of the Website or Service is void where prohibited. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules, and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent provision of the Services conflicts with any applicable law, rule, or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. By accessing and using the Website or Services, you represent and warrant that you have the right, authority, and capacity to accept and abide by all of the Terms and Conditions.

Partnership Program

These terms and conditions are an electronic contract that establish the legally binding terms you must accept to apply and/or participate in the Partnership Program. If there are any inconsistencies with between these terms and Oracle NetSuite, a third-party support portal for the Partnership Program, those terms and conditions shall govern.

To sign up for the Partnership Program, you must submit an application on the Website. You must provide accurate and complete information. You shall not: (i) use the name of another person with the intent to impersonate that person or (ii) use the name of a person other than you without appropriate authorization. You may never use another person’s information for when you apply or participate in the Partnership Program. You must notify us immediately of any change in your eligibility to use the Service, breach of security or unauthorized use of your information. You should never publish, distribute, or post login information associated with your Partnership Program. You shall have the ability to terminate your participation in the Partnership Program, either directly or through a request made to one of our employees or affiliates.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your access to the Partnership Program and refuse your current or future use of the Service, as well as possibly subjecting you to criminal and civil liability.

You agree to immediately notify us of any unauthorized activity or any other breach of security. You are liable and responsible for any unauthorized activity associated with Service through your Partnership Program. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify us against all activities conducted through your Partnership Program.

Notices and Restrictions

The Service may contain content specifically provided by us, our clients, or our partners and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Service.

Availability of Content

We do not guarantee that any content will be made available on the Website or through the Service. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or (ii) to remove or block any content from the Service.

General Permissions and Restrictions for Use of the Service

We hereby grant you permission to access and use the Service as set forth in these terms and conditions, provided that: (i) You agree not to distribute in any medium any part of the Service; (ii) You agree not to alter or modify any part of the Service; (iii) You agree not to access the Service through any technology or means other than explicitly authorized means we may designate; (iv) You agree not to use the Service for any of the following commercial uses: (a) the sale of access to the Service; (b) the sale of advertising, sponsorships, or promotions placed on or within the Service or content; or (c) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via the Service; (v) You agree to comply with all applicable laws, and further agree not to violate any applicable laws through use of the Service; and (vi) You agree not to violate any of the terms and conditions. We reserve the right to discontinue any aspect of the Service or terminate your participation in the Referral Program at any time for any reason.

Code of Conduct and Further Restrictions on Use of our Service

In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of the Service: (i) the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to us, subject to copyright and other intellectual property rights under the law; (ii) content is provided to you AS IS. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without our prior written consent; (iii) You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (iv) You understand that when using the Service, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any content that: (a) fails to comply with these Terms and Conditions; (b) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (c) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, offensive or is otherwise inappropriate as determined by us in our sole discretion; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (e) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (f) impersonates any person or entity, including any of our employees or representatives; or (g) includes anyone’s identification documents or sensitive financial information.

You further shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any content from the Service; (vii) otherwise take any action in violation of our guidelines and policies; (viii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any Applications), except to the limited extent applicable laws specifically prohibit such restriction, (ix) modify, translate, or otherwise create derivative works of any part of the Service, or (x) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, public, private, personal, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.

Termination

We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms and Conditions which, by their nature, should survive termination shall survive termination, including, without limitation, licenses, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Third Party Services

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Service. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, information, goods or services available on or through any such website or resource.

Additional Terms

Geographic Scope

While this Website may be viewed internationally and may contain references to the Service not available in all countries, you agree that: (i) the Service shall be deemed solely based in Florida; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Florida. We may in our sole discretion limit, deny or create different level of access to and use of any Service (or any features within the Service).

Electronic Communications

When you visit the Website, contact us through the Website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.

Acceptance of Modification of Terms and Conditions

You acknowledge and agree that we may amend any terms and conditions at any time by posting the relevant amended and restated terms and conditions on the Website. By continuing to use the Service or the Website, you agree that the amended terms and conditions will apply to you. No further action will be required by us for your acceptance of the amended terms and conditions.

Proprietary Information

The Service contains information, which is proprietary to us. We assert full copyright protection in the Service. Any information posted by us may be protected whether or not it is identified as proprietary to us. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the expressed permission.

Limited License, Website Access, and Non-Commercial Use

We grant you a nonexclusive, nontransferable, revocable, limited right and license to access and make personal use of the Service and the material provided hereon for your personal, noncommercial use, provided that you fully comply with the terms and conditions of use of the Service. You agree not to download (other than page caching) or modify the Service, or any portion of it.

This license does not include any rights of resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form). You may not use any metatags or any other “hidden text” utilizing our name or trade names, trademarks, or service marks. Any unauthorized use terminates the permission or license granted by us.

Service Descriptions

We attempt to be as accurate as possible when describing our Service on the Website. However, we do not warrant that service descriptions or other content of this website are accurate, complete, reliable, current, or error-free.

Copyright

All content included on the Service, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is our property and is protected by United States and international copyright laws. The compilation of all content on this website is our exclusive property and is protected by U.S. and international copyright laws. All software used on this website is our property or licensed to us and is protected by United States and international copyright laws. Nothing contained on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Service.

Trademarks

We own of the following registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Website, including, without limitation, the following:

Urban Solar ®

US Registration Number 5941023

We Bring Energy To Life ®

US Registration Number 5316246

The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin may not be used in connection with any business, product, or service whose source is not ours, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits us, our Service. All other trademarks, service marks, trade names, and logos not owned by us or its affiliates that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin displayed or contained in the Website.

Patents

One or more patents apply to the Website and to the features, products, and the Service accessible via the Website. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing patents, licensed patents, or the patentable inventions contained therein.

Copyright Complaints and Removal of Case Studies Information

We respect the intellectual property rights and personal information of others, and we ask you to do the same. The following actions may be used to deter suspicious content: (a) Removal of personal information, including but not limited to, names, addresses, and property value; and/or (b) removal of content upon receipt of intellectual property infringement claim against the same from intellectual property right holders.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to the “Copyright Agent” specified below:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and e-mail address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you would like to have your information removed from the Case Studies, or if you are aware of inaccurate information, please provide the following information to the “Case Studies Information Manager” to the “Courier Address” specified below:

Your address, telephone number, and email address;
A description of the information about you or your property that you wish to have removed from the service;
A statement requesting the removal of your information from Case Studies;
A description of where the Case Studies listing is located on the Website.

You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, and a notice to remove personal information from the Case Studies to our designated agent for notice of claims of copyright infringement on the Website at the following addresses:

Urban Solar 3395 N Dixie Highway, Suite 5 Boca Raton, FL 33431

Please note that this procedure is exclusively for notifying us that your copyrighted materials have been infringed, or if you wish for your information to be removed from Case Studies.

All intellectual property infringement claims shall be made under penalty of perjury. Intellectual property right holders agree to indemnify and hold us harmless from all claims, causes of action, damages and judgments arising out of any removal of product listings pursuant to intellectual property infringement claims.

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT

Disclaimer of Warranties and Limitation of Liability

The Website is provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.

To the fullest extent permissible by applicable law, WE disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. WE DO not warrant that the Website, its SERVICE, ITS servers, or e-mail sent from US are free of viruses or other harmful components. WE will not be liable for any damages of any kind arising from or relating to the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF FEES YOU HAVE PAID FOR USE OF THE SERVICE, IF ANY.

AS SET FORTH ABOVE, WE ARE NOT LIABLE FOR INFORMATION, INCLUDING BUT NOT LIMITED TO, THE LEAK OR DISSEMINATION OF ANY PRIVATE INFORMATION OR ANY HARM CAUSED BY THE RECEIPT, DELIVERY, OR CASE STUDIES INFORMATION OR MALICIOUS FILES.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Governing Law

This Service was developed in the United States of America in accordance with and shall be governed by the laws of the State of Florida, United States of America. By using the Service, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and us.

Disputes

These terms and conditions and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of Florida, without regard to its conflict of law provisions. You agree that any and all controversies, disputes or claims arising out of your use of the Website, the Service, or these terms and conditions shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association. The determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes). The arbitration shall be presided over by a single impartial independent arbitrator appointed by the AAA. The parties agree that the issue of arbitrability shall also be decided by such arbitrator. Each party shall bear its own costs in any arbitration. The arbitration provision contained herein shall be self-executing and shall remain in full force after expiration or termination of this Agreement. The place of arbitration shall be Palm Beach County, Florida.

YOU WAIVE ANY RIGHT TO LITIGATE SUCH CONTROVERSIES, DISPUTES, OR CLAIMS IN A COURT OF LAW, AND WAIVE THE RIGHT TO TRIAL BY JURY. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY AND ALL DISPUTES OVER THE VALIDITY AND ARBITRABILITY OF ANY PART OF THIS AGREEMENT, AND ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY JOINING OUR WEBSITE OR CREATING A FREE PROFILE YOU SPECIFICALLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION OR CLAIM OR COLLECTIVE ACTION OR CLAIM YOU MAY HAVE AGAINST US, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATION OR JOINING ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT OR ANY OTHER PROCEEDING. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND US WILL BE LITIGATED INDIVIDUALLY AND THAT YOU WILL NOT CONSOLIDATE OR SEEK CLASS TREATMENT FOR ANY SUCH CLAIM. IF AT ANY TIME YOU ARE DEEMED A MEMBER OF ANY CLASS CREATED BY ANY COURT OR IN ANY OTHER PROCEEDING, YOU SHALL "OPT OUT" OF SUCH CLASS AT THE FIRST OPPORTUNITY AND SHOULD ANY THIRD PARTY PURSUE ANY CLAIMS ON YOU’RE BEHALF YOU SHALL WAIVE YOUR RIGHTS TO ANY SUCH MONETARY RECOVERY.

Severability, Waiver, Assignment, and Merger

If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of our right to act with respect to subsequent or similar breaches. We shall have the right to assign the terms and conditions (including all of our rights, titles, benefits, interests, and obligations and duties in the terms and conditions to any person or entity. You may not assign, in whole or part, the terms and conditions to any person or entity. This constitutes the entire agreement between you and us and governs your use of the Website and the Service, superseding any prior written or oral agreements in relation to the same subject matter herein.

Third Notice as to Modification

We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the Website, Service, and the terms and conditions at any time. You should check these terms and conditions periodically for changes. By using the Website after we post any changes to the terms and conditions, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these terms and conditions, you should not use the Website.