These Terms and Conditions apply to the Sunmetrix CASH-BACK Program (the “Program”). By requesting an INSTALLER quote, using the Program Website, or otherwise participating in the Program, QUOTE-REQUESTERS agree to be bound by these Terms and Conditions.
1. Defined Terms.
a. Program Website: http://sunmetrix.com/
b. QUOTE-REQUESTERS are a potential solar customer that meets all of the following criteria: (1) owns his or her own house in a state/province where the INSTALLER operates; (2) is a legal resident of the United States or Canada; (3) is 18 years of age or older; and (4) otherwise meets Sunmetrix’s requirements, as may be updated by Sunmetrix from time to time.
c. INSTALLER: The solar PV installation company selected by the QUOTE-REQUESTER.
d. CASH-BACK: The indicated cash-back amount is a PayPal Payment in US dollars, as indicated on the INSTALLER company page on Sunmetrix’s website, or, in the event that an amount is not indicated, then the amount will be the amount Sunmetrix indicates to the QUOTE-REQUESTER by email upon negotiating a referral fee with the INSTALLER, representing 50% of the referral fee paid to Sunmetrix by the INSTALLER upon completion of the solar photo-voltaic INSTALLATION. For Canadian residents, the indicated CASH-BACK amount is in Canadian dollars.
e. INSTALLATION: The solar photo-voltaic INSTALLATION is for a system with a minimum installed capacity of 2 kW DC. Systems that are less than the minimum will not qualify for the CASH-BACK program.
QUOTE-REQUESTERS must register for the program online by filling out a Quote Request Form. QUOTE-REQUESTERS should submit their name and email address. QUOTE-REQUESTERS must claim their CASH-BACK within 60 days of completing the INSTALLATION. Sunmetrix will send the QUOTE-REQUESTER a PayPal Payment for the agreed upon CASH-BACK amount 7 days following receipt of Referral Fee from the INSTALLER.
3. Program Requirements.
a. Required Information. Participation in the Program may require you to submit personal information about yourself and other parties (collectively, “Users”), such as name and email address. The personal information will be collected, processed and used in accordance with Sunmetrix’ Privacy Statement, which can be found at http:// sunmetrix.com/privacy-policy/. In addition, personal information may be used by Sunmetrix to contact Users regarding participation in the Program and to receive communications from Sunmetrix.
b. Quote Request Requirements. To qualify as a QUOTE-REQUESTER, an individual must meet the following criteria:
i. Be a legal resident of the 50 United States or the District of Columbia or Canada;
ii. Be at least 18 years of age or older.
iii. Own his or her house in a state/province in which the INSTALLER offers its residential solar products; and
iv. Not be an Existing Customer.
Notwithstanding the foregoing or anything to the contrary herein, Sunmetrix shall make the determination as to whether and pursuant to what terms it will enter a contract with any QUOTE-REQUESTER.
4. Prohibited Uses.
You agree not to
a. use the Program Website or its contents for any purpose that is unlawful or prohibited by these Terms and Conditions;
b. Resell any aspect of the Program Website or services available on it;
c. Bypass or circumvent measures we may use to prevent, interfere, or limit access to the Program Website;
d. use the Program Website to send altered, deceptive or false source-identifying information;
e. use the Program Website to intercept, collect or store personal information about other users; or
f. spam other users or take other actions that may affect the operation or enjoyment of the Program Website by other users.
5. Warranty Disclaimers.
THE PROGRAM WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE PROGRAM WEBSITE, ANY MATERIALS INCLUDED ON, DOWNLOADABLE FROM OR OTHERWISE ACCESSIBLE VIA THE PROGRAM WEBSITE, OR ANY SERVICES OR PRODUCTS AVAILABLE IN CONNECTION WITH THE PROGRAM WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT. FURTHER, SUNMETRIX DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE PROGRAM WEBSITE WILL BE UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS. SUNMETRIX DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY SUCH STATEMENT OF WARRANTY.
6. Limitations of Liability.
IN NO EVENT SHALL SUNMETRIX BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY ASSERTED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE WORK OF THE INSTALLER (II) THE USE OF OR INABILITY TO USE THE PROGRAM WEBSITE, OR (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PROGRAM WEBSITE OR ANY REFERRALS, EVEN IF SUNMETRIX OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SUNMETRIX (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE PROGRAM WEBSITE, ANY PROGRAM WEBSITE-RELATED MATERIALS OR SERVICES, EXCEED $500.00.
7. Other Limitations
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 may have additional rights. In such states, Sunmetrix’s liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless Sunmetrix, and our affiliates, officers, directors, employees, agents, service providers, licensors and suppliers from and against any claims, causes of action, demands, losses, expenses, damages, penalties or other costs, including but not limited to reasonable attorneys’ fees, brought by third parties as a result of: (i) your violation of these Terms, the Program Rules (ii) your use of the Program Website; or (iii) your violation of any law or the rights of a third party.
9. Additional Terms and Conditions.
a. Tax. You are responsible for any and all tax liabilities associated with the Program. The CASH-BACK that you receive may constitute taxable income.
b. Void Where Prohibited. This Program is void where prohibited by law.
c. Governing Law. The laws of the state where QUOTE-REQUESTER resides shall govern without giving effect to the conflict of laws principles. Both parties will, in good faith, use reasonable efforts to resolve disputes. If a dispute remains unresolved after 45 days, the parties agree to final, binding arbitration pursuant to Governing Law.