Last Updated: August 22, 2019

Solstice Power Technologies, Inc. (“SPT”) and Solstice Initiative, Inc. (“SI”) (collectively known as “Solstice”, “we”, “our”, or “us”) operate the Solstice.us website and related websites (the “Site”) and provides various tools and features via the Site (together, the “Services”). Please read these Terms & Conditions (these “Terms”) carefully before visiting, registering with, accessing, or using the Services.  Along with these Terms, please read our Privacy Policy, which is hereby incorporated and made part of these Terms.

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR OUR PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES, DOWNLOAD CONTENT, CREATE AN ACCOUNT, ACCESS, USE, OR VISIT THE SITE.

Use of Our Services. The Services are for your personal, non-commercial, and lawful use only. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, reverse engineer, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Services or any algorithm, content, information, software, products, or services obtained from the Services, for any commercial purpose or enterprise. You may not use the Services, or any content within the Services, for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal activity or other activity which infringes our rights or the rights of other individuals or entities. Use of the Site as made available through a third-party social media platform such as LinkedIn or Facebook is also subject to such platform’s applicable terms and conditions.

Subject to your compliance with these Terms, you may access the Services and display and use the content of the Services made available via the Site, and, subject to any expressly stated restrictions or limitation relating to specific material on the Services, download content from the Site and/or Services, strictly for your personal, non-commercial, lawful use. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, and nontransferable license to use the Services for your personal use.  If you make any other use of the Services, except as otherwise provided above, you may violate copyright, credit reporting, and other laws of the United States, and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Prohibited Uses.  You may not (a) decompile, disassemble, or reverse engineer the Services or any portion thereof; (b) attempt to gain unauthorized access to the Services, any portion thereof, including content accessible via the Services, or any other system or platform through the Services; (c) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, reverse engineer, copy or monitor any portion of the Services or any content on the Services; or (d) reverse look up, trace or seek to trace any information on any other user of or visitor to the Services to its source. You agree that you will not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

You will not use the Services to violate any applicable law, rule, or regulation and you will not encourage or enable others to violate any applicable law, rule, or regulation.

Accounts.  You may choose to set up an account with us. When you create an account with us, you represent to us that the information you provide us is truthful, accurate, complete, current, and otherwise in compliance with these Terms and all applicable laws at all times. Submission of false, fraudulent misleading, inaccurate, incomplete, obsolete, or other information prohibited under these Terms may result in immediate termination of your account on the Services and/or reporting to the relevant law enforcement authority. You are responsible for maintaining the confidentiality of your account information, including, but not limited to, your account password, personally identifying numbers, and personally identifying information, and restricting access to your mobile device and/or your account. You are responsible for any and all activities that occur under your account, including, but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, not to share personally identifying information or numbers, and notify us if you desire to cancel your account on the Services. You may not use anyone else’s password or account, or anyone else’s financial or personally identifying information at any time on the Services. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the Services if your failure to keep your account information secure and confidential results in someone else’s use of your account or account information.

kWh Consumption Calculator.  Through the Services you may receive an estimate of your kWh consumption. The information provided is only an estimate and is based on the information you provide to us. We cannot, and do not, guarantee the accuracy of these estimates and we make no representations to you whatsoever whether you will save any money on your energy use. You access and use this information at your own risk.

Solstice Blog. As a part of our Site and Services, we provide a tool called the “Solstice Blog.” We provide information relevant to our Services and products. We do not guarantee accurate information, and cannot be held responsible for the posts made. You rely on the Solstice Blog at your own risk. We recommend you use judgment, research, and your own informed discretion in making decisions.

Use of Site and Services.  You will not publish, post, upload, distribute, or disseminate any materials that violate any legal rights (such as rights of privacy and publicity, intellectual property rights) of others, or otherwise violate any such rights using the Site or Services.

You will not publish, post, upload, distribute, or disseminate any profane, defamatory, obscene, indecent, or unlawful topic, name, image, material, or information.

You will not publish, post, upload, distribute, or disseminate any content that, in our sole and absolute judgment, is objectionable, or which may expose the Site, Services, or their users to any harm.

You will not publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

Promotion.  We provide promotions throughout the year that reward customers for positive interactions with us, whether it beinitiating a call with a staff member, enrolling in a project, or facilitating a successful referral. However, we disclaim all obligations and responsibilities. There is no guarantee of a reward, payment, discount, or other benefits for any action. Amounts of the rewards that we choose to allocate, of our own free will, can and will adjust.

Intellectual Property.  You acknowledge and agree that the Services are provided under limited license and access rights and not sold to you. You do not acquire any ownership interest in the Services, including but not limited to any underlying data or algorithm, under these Terms, or any other rights thereto other than to use the Site and Services in accordance with the limited license and rights granted in these Terms, and subject to all terms, conditions, and restrictions, under these Terms. The Services and all content and materials on the Services, including, without limitation, all graphics, interfaces, features, algorithms, calculations, functions, text, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Services, trademarks and logos, audio and video clips, are owned by, or licensed to, us. We and our licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including, without limitation, all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. You shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Services, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including, without limitation, by making the Services available on a network where it is capable of being accessed by more than one device at a time.

Third-Party Offerings.  You may be able to access websites, content, or services provided by third parties through links that are made available through the Services. For example, we may permit third parties with related and/or affiliated services to link their products and services on the Site, and those links may redirect you to the website(s) of the third parties. Additionally, from time to time we may refer you to one or more of our business partners who make available products or services through their respective websites or by other means. We may also repost articles from third party publications that are relevant to or refer to our Services. We refer to all such other websites, content, services, and products as “ThirdParty Offerings.” If you elect to use such Third-Party Offerings, and/or if you elect to “click” on a link or button, you understand that (i) you will be leaving our Site or and (ii) your use of any such Third-Party Offering will be subject to any terms and conditions required by the applicable third party.  You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use, download content from, or purchase any Third-Party Offerings. The fact that we link to a third-party website or service is not an endorsement of that third party, nor is it an endorsement of their privacy or information security policies, term of use, business practices, or their compliance with laws. We encourage you to read the privacy policies and terms of use of the other websites and services you use and the terms of the offers in which you participate. You agree that we are not responsible for nor will we be liable to you or any third party for your interaction with such third parties. Similarly, third parties may refer you to our Site and Services. Their reference or links do not serve as an endorsement. We encourage you to read their privacy policies, terms of use and other relevant disclosures and documents. You are subject to their terms, and we are not responsible for their products, services, or websites.

In an effort to provide Services effectively and efficiently, we may request your credit history. This credit information may be used for research purposes in enhancing services for the future, and it may also be used to better evaluate your energy needs and determine eligibility for our subscriptions. You acknowledge that you are responsible for reading the Fair Credit Reporting Act Background Check disclosure.

We recommend you read a summary of your rights under the Fair Credit Reporting Act which is available here:https://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf. You acknowledge that you are responsible for remaining informed of your credit information and history along with the rights associated with it.

You authorize us and our agents, for purposes of providing our service, to obtain or prepare consumer reports at any time after we receive this authorization.

You certify that the information provided to us is true and correct. You understand that you are responsible for any information that you provide and that we cannot be held responsible for any inaccuracy in documents you submit in seeking our services.

Termination; Suspension.  We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, in our sole and absolute discretion, for any reason whatsoever, including, but not limited to, a breach of these Terms or our Privacy Policy. If you wish to terminate your account, you may discontinue using the Services. Premature termination of our services are distinct from termination of our online Services. Premature termination of our community solar project services may involve a fee that is governed by your subscription agreement with the particular community solar developer that owns the community solar project associated with your subscription.  All provisions of these Terms by their nature will continue to apply to you after any termination of the Services, including, but not limited to, IP ownership, warranty disclaimers, indemnity, and limitations of liability.

WARRANTY DISCLAIMERS.  Your use of the Services is at your sole risk. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, INFORMATION, CONTENT, FUNCTIONS, PRODUCTS, TEXT, GRAPHICS AND LINKS THEREON, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. WEDO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SERVICES OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE.  IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU AGREE THAT WE, IN OUR SOLE DISCRETION, MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE SERVICES AT ANY TIME, FOR ANY REASON. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT.

INDEMNIFICATION.  YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, AS WELL AS OTHER USERS OF THE SERVICES, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING, WITHOUT LIMITATION, ALL REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO (A) USE AND ACCESS OF THE SERVICES, BY YOU OR ANY PERSON USING YOUR ACCOUNT; (B) BREACH OF THESE TERMS BY YOU OR ANY PERSON USING YOUR ACCOUNT; (C) VIOLATION OF THE LAW OR ANY THIRD-PARTY RIGHT BY YOU OR ANY PERSON USING YOUR ACCOUNT; AND (D) ANY ACTIVITY OTHERWISE RELATED TO USE OF THE SERVICES (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY PERSON USING YOUR ACCOUNT.

LIMITATION OF LIABILITY.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPT, SI, OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERSAND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, AS WELL AS OTHER USERS OF THE SERVICES, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: (A) PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED FIFTY DOLLARS ($50.00).  THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION RELATED TO THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Governing Law and Venue.  These Terms and the relationship between you and us will be governed and construed in accordance with the laws of New York, without regard to conflict-of-laws principles and you agree to submit to the personal jurisdiction and venue of the courts of New York, New York. If any provision for these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.

Entire Agreement; Severability; No Waiver; Assignment.  These Terms, together with our Privacy Policy, each as may be amended from time to time, constitute the entire agreement between you and us regarding the Services. Neither the course of conduct between us nor trade practice shall act to modify these Terms. If any provision of these Terms is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Terms and the remaining provisions will continue with full force and effect. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms will act as a waiver thereof, nor will a single or partial exercise of any right or power under these Terms preclude further exercise of that or any other right under these Terms. These Terms, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by you, but may be assigned by us without restriction. Any purported delegation, transfer or assignment by you shall be null and void.

Jurisdictional Issues; Export Regulation. The Services are operated out of the United States. We make no representation that the Services, or content or information available via the Services, is appropriate or available for use outside of the United States, and access to it from jurisdictions where the content is illegal is prohibited. Those who choose to access the Services from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws. The Services may be subject to credit reporting laws, data privacy laws, and U.S. export control laws, including, without limitation, the U.S. Export Administration Act and its associated regulations.

Electronic Communications. The communications between you and us use electronic means, whether through the Site or via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a writing.

Changes.  We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes to these Terms will become effective upon posting of revised terms. If we make material changes to these Terms, we will post the updated Terms on the Site.

Copyright.  If you believe your copyright or other intellectual property or privacy right has been violated by content accessible via the Services, please contact us by email at info@solstice.us.

Contact Us.  If you have any questions about these Terms or our Services, please feel free to contact us at info@solstice.us.