Terms & Conditions

Last Updated: August 22,2014

 

Welcome to the Oneroofenergy.com (“OneRoof Energy”) Website. The following Terms and Conditions govern your use of this Website and all OneRoof Energy Websites such as SunOpps.com. Please take a few minutes to review them. They describe your rights and responsibilities and what you can expect from OneRoof Energy as you use this Website. Your use of this Website constitutes your agreement to be bound by these Terms and Conditions.

If you don’t agree with any of these Terms and Conditions, do not use this Website. OneRoof Energy reserves the right to change these Terms and Conditions at any time and without prior notice by posting the amended terms and conditions on this Website. The amended Terms and Conditions will be effective on the date specified in the posting. Your use of this Website following the effectiveness of any notice of amendment will indicate your acceptance of the amended Terms and Conditions. As such, you should check these Terms and Conditions from time to time for changes. We reserve the right to take steps to block access to our Website by any person or entity for any reason.

This Website may be used by you in an individual capacity or as a representative of a business entity. This Website is available only to individuals of the age of majority who can form legally binding contracts under applicable law and your use of this Website is your representation that you satisfy this requirement. You are solely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities that occur under or in connection with your account or which result from access to or use of this Website using your password or account. Each user is solely responsible for his or her transmissions.

 

Copyright/Trademark Information

This Website contains trademarks, copyrights and other proprietary information and materials. This Website and all such materials are owned or licensed by OneRoof Energy. Everything on this Website is copyrighted. You agree not to publish, modify, create derivative works from, sell or otherwise transmit or exploit any of such proprietary materials without the express written permission of the owner of the rights to such materials. You agree not to remove any copyright, trademark, or other proprietary notice or legend contained on this Website or on any materials obtained through this Website.

 

Website Use Provisions

Permission to use documents delivered from this Website and/or OneRoof Energy servers and related graphics is restricted. You may access, use and copy information and materials available through this Website only for purposes of considering and/or purchasing OneRoof Energy products. That information and those materials, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use in creative work or to sell or promote other products or services. Violation of this policy may result in infringement of OneRoof Energy’s or other third parties’ intellectual property and contractual rights which is prohibited by law and could result in substantial civil and criminal penalties.

When retrieving information from our Website, you are prohibited from (1) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser; (2) aggregating, copying or duplicating any of the materials or information available from this Website except for the reasonable amount of materials and information temporarily required for an ordinary single use of the site; or (3) accessing data not intended for such user.

You agree to provide true, accurate, and complete information about yourself, to update such information as necessary, and to maintain the confidentiality of your password and account designation. You agree that you are solely responsible for all activities that occur using your password or account. You agree to notify OneRoof Energy immediately in the event of any unauthorized use of your password or account or any other breach of security. You agree that OneRoof Energy employees may have access to your account and records as reasonably necessary to investigate complaints and maintain this Website and your account.

 

Submissions

We welcome your comments regarding this Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to OneRoof Energy will be and remain OneRoof Energy’s exclusive property. Your submission of any such Comments constitutes an assignment to OneRoof Energy of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. OneRoof Energy will be entitled to use, incorporate, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

 

By registering with the OneRoof Energy Website, you certify that the information you provide through registration is accurate and pertains only to you. You are responsible for maintaining the confidentiality of the password you’re assigned. Your password may not be shared with any other person.

Though we take commercially reasonable steps to protect the security of OneRoof Energy systems, we don’t control all access channels to our Website. Accordingly, you acknowledge that any information you put into any field on this Website might be publicly accessible at any time during transmission. We are not liable for protection of privacy of any information transferred to us over the Internet until it enters our systems.

 

Communication from OneRoof Energy

When you buy products from us, we reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if any time you tell us you don’t want to receive them, we’ll disable that functionality for your account. Some of these communications will contain a clear link to unsubscribe and others you may unsubscribe to by replying to the e-mail and asking to unsubscribe. You may also email unsubscribe@oneroofenergy.com. When you unsubscribe, we will remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date. If a third-party organization referred you to OneRoof Energy, OneRoof Energy reserves the right to provide that organization with your name, contact information and customer status.

 

Site Display

We’ve done our best to display as accurately as possible the colors of the products shown on this Website. However, because the colors you see will depend on your monitor, we can’t guarantee that your monitor’s display of any color will be accurate.

 

Correction of Errors and Inaccuracies; Limitations on Quantity

While OneRoof Energy makes every reasonable effort to present accurate information on this Website, the information here may sometimes contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you (including after you have submitted an order). Such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted an order). We apologize for any inconvenience this may cause you.

 

Indemnification

By using this Website you agree to indemnify and hold OneRoof Energy and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these Terms and Conditions. OneRoof Energy will have the right to control the defense, settlement, and resolution of any such Claim at your sole expense. You may not settle or otherwise resolve any Claim without OneRoof Energy’s express written permission.

 

User Information; Privacy

You should review our current Privacy Policy which is incorporated in these Terms and Conditions by reference. We reserve the right to disclose non-personally identifiable information regarding you to third parties, and any information required to be disclosed by law to government authorities.

 

Warranty and Limitation of Liability

USE OF THIS WEBSITE IS PROVIDED “AS IS, WHERE IS,” AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ONEROOF ENERGY BE LIABLE FOR DAMAGES TO YOU OR ANY THIRD PARTY FOR ANY MATTER ARISING OUT OF OR IN RELATION TO YOUR USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED THEREIN. THIS WEBSITE WOULD NOT BE MAINTAINED WITHOUT SUCH DISCLAIMERS AND LIMITATIONS IN EFFECT.

 

In no event will OneRoof Energy or any of the Parties identified above be liable for any indirect, special, incidental or consequential damages arising out of or in relation to your use of this Website, including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

General Terms

No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or

partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.

These Terms and Conditions will bind OneRoof Energy , each Party identified above, and you, and each such person’s or entity’s successors and permitted assigns, and will be governed by and construed in accordance with the laws of California without reference to conflict of law principles. The parties submit to the jurisdiction of and agree that all claims and disputes arising out of these Terms and Conditions or your use of this Website shall be submitted to and resolved by binding arbitration in San Diego, California pursuant to the rules of the American Arbitration Association, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or OneRoof Energy may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or OneRoof Energy pending the completion of arbitration. These Terms and Conditions will not be assignable or transferable by you without the prior written consent of OneRoof Energy. These Terms and Conditions (including all of the policies and other agreements described in these Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.

 

Links:

OneRoof Energy may provide links to other Internet sites or resources. You acknowledge and agree that OneRoof Energy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that OneRoof Energy 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

Content:

The Content is intended for informational purposes only. Although OneRoof Energy exercises reasonable efforts to ensure the Content’s quality and accuracy, there might be errors, and the information provided may not be complete, current, or applicable to your particular situation.

SunDollars Referral Program Agreement

This SunDollars Referral Program Agreement (“Agreement”) is between OneRoof Energy, Inc. (“ORE”), a Delaware corporation at 4445 Eastgate Mall, Suite 240, San Diego, CA 92121 and you (“Referral Source”, together with ORE, the “Parties”), for certain referral fees in connection with residential solar systems.

THIS AGREEMENT IS EFFECTIVE UPON YOUR ACKNOWLEGEMENT THAT YOU HAVE READ, ACCEPT AND AGREE TO ADHERE TO THE TERMS AND CONDITIONS CONTAINED HEREIN.

Referral Source may be in contact with residential homeowners with an interest in residential solar products. ORE is in the business of financing residential solar systems through its financial products. ORE has agreed to offer certain referral fees to the Referral Source in exchange for qualified residential solar system leads.

In consideration of the foregoing, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

  1. Defined Terms.

    Countersigned” means a PPA that has been signed by a Homeowner that constitutes a Qualified Lead in accordance with the requirements of this Agreement, and is subsequently reviewed and signed by an authorized agent of ORE and is not subsequently cancelled or terminated.

    Homeowner” means person(s) who hold legal title to the Residence that is contained in a Lead.

    Interconnection” means the time at which ORE, in its sole and absolute discretion, turns on the System after ORE receives permission to operate the System from the local utility having jurisdiction over such System.

    Lead” means all of the following information of the owner of a Residence who has expressed an interest to the Referral Source in learning more about the installation of a System at such Residence: the full name, phone number, email address, and the street address of such Residence.

    Qualified Jurisdiction” means certain zip codes within states in which ORE offers residential solar financing products (currently, California, Massachusetts and New York) which shall be communicated to the Referral Source from time to time; provided that ORE reserves the right to amend the Qualified Jurisdiction without prior notice to the Referral Source.

    Residence” means a single family residence located in a Qualified Jurisdiction.

    Termination Date” means the one year anniversary of the Effective Date.

  2. Referrals; Qualified Tiers; Qualified Referral Fee.

    (a) From time to time, the Referral Source may choose to transmit Leads to ORE (name, phone number, email address and address of Residence of the Homeowner).

    (b) ORE shall contact the Homeowner to set up an in-person meeting (the “Site Visit”). Subject to the Homeowner’s cooperation, ORE, through its representative shall determine if (i) the Homeowner’s Residence is a single-family, owner-occupied residence, (ii) based on the estimated average monthly electric energy usage provided by the Homeowner as evidenced by recent electric utility bills, the estimated average monthly electric utility bill for such Residence is not less than $125.00, (iii) the Homeowner satisfies ORE’s credit requirements as determined by it in its sole and absolute discretion, and (iv) a System can be installed on the Homeowner’s Residence in accordance with the applicable requirements and guidelines (including those of ORE and/or its installers) in effect from time to time. If a Site Visit occurs and clauses (i) and (iv) are determined to be true, the applicable Lead will be a “Qualified Lead”. ORE shall notify Referral Source if a Lead does or does not constitute a Qualified Lead within 10 calendar days (the “Qualified Lead Notice”).

    (c) ORE shall pay the Referral Source up to $550.00 in the aggregate for each Qualified Lead, dependent upon which Tier (as defined below) the Referral Source belongs to, and subject to the payment milestones (the “Payment Milestones”) below. If Referral Source has previously provided to ORE between 1 and 3 Qualified Leads, he or she shall belong to Tier 1 (“Tier 1”) and if Referral Source has previously provided 4 or more Qualified Leads, he or she shall belong to Tier 2 (“Tier 2”).

     

     

    Tier

    Payment Milestones and associated Qualified Lead Fees
    Site Visit occurs and Lead determined to be a Qualified Lead Countersignature Interconnection
    Tier 1 $0 $250 payable within 15 days following the end of the month upon which Countersignature occurs $250 payable within 15 days following the end of the month upon which Interconnection occurs
    Tier 2 $50 payable within 15 days of the end of the month upon which the Site Visit Occurs and the Lead is determined to be a Qualified Lead $250 payable within 15 days following the end of the month upon which Countersignature occurs $250 payable within 15 days following the end of the month upon which Interconnection occurs

    The amount of the Qualified Lead Fee is subject to change from time to time in the sole discretion of ORE.

    (d) If any information regarding a Lead is reasonably determined by ORE in its sole discretion as having been previously received by ORE from any other source (including from internal ORE sales, marketing or lead generation efforts), ORE shall have no obligation to take any action with respect to such Lead and such Lead will not be deemed to be a Qualified Lead.

  3. Modifications

    ORE reserves the right to amend the Agreement, its prices, and any aspect of the program in its sole and absolute discretion. Amendments shall be effective 7 days of posting on the Company’s official website. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. The acceptance of any benefits under the Agreement constitutes acceptance of all amendments.

  4. Term; Termination

    (a)This Agreement begins on the Effective Date and terminates on the Termination Date without further action by either Party.

    (b)Either Party may terminate this Agreement at any time and for any reason or no reason upon written notice to the other Party.

  5. Relationship of Parties; Expenses.

    The Parties shall not be deemed in a relationship of partners or joint venturers by virtue of this Agreement, nor shall any Party be an agent, representative, employee, trustee or fiduciary of the other. Each Party shall be fully responsible for the expenses it incurs during the performance of this Agreement.

    Entire Agreement. This Agreement is subject to ORE’s full terms and conditions and privacy policy available on ORE’s website.