Terms of Use

Introduction

Welcome to solarsalestracker.com. This website is owned and operated by solarsalestracker.com. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’).

This agreement is in effect as of Sep 30, 2015.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

How GDPR affects you and your leads.

We reserve the right to remove a lead from your account if the following conditions are met. a) The lead in question contacts us with a request to exercise their right to be forgotten. b) The address of said lead must be located within the European Union.

If both of these conditions are verified, we will contact you and let you know that we intend to remove the lead in question without equivalent compensation.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iv. Impersonates any person or entity, including any solarsalestracker.com employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of solarsalestracker.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.

i. You agree to indemnify and hold harmless solarsalestracker.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Electronic Signature Consent

ELECTRONIC SIGNATURE (E-SIGN) AND UNIFORM ELECTRONIC TRANSACTIONS ACT (UETA) DISCLOSURE AND CONSENT AGREEMENT (“E-DISCLOSURE AND CONSENT”)
Updated August 20, 2016

This E-Disclosure and Consent is provided in compliance with the Electronic Signatures in Global and National Commerce Act, 15 USC §7001, et seq. (“E-SIGN Act”) and the Uniform Electronic Transactions Act, as adopted by the various States.

Capitalized terms used in this E-Disclosure and Consent have the meaning set forth in the Agreement or Terms and Conditions to which this E-Disclosure and Consent is attached, except the words “You” and “Your” refer to the particular Person entering into or agreeing to the Agreement or Terms and Conditions.

This disclosure relates to the Website including, without limitation, electronic fund transfers, the use of electronic signatures and the use and storage of “electronic records” as defined in the E-SIGN Act. This policy describes how the Solar Sales Tracker software delivers communications to You electronically. Solar Sales Tracker may amend this policy at any time by posting a revised version on the Website. The revised version will be effective when posted by Solar Sales Tracker.

Electronic Delivery of Communications

By entering into and accepting the Agreement or Terms and Conditions to which this E-Disclosure and Consent is attached You agree and consent to receive electronically all communications, agreements, notices, documents and disclosures relating to the Agreement or Terms and Conditions and Your use of the Website (collectively, “Communications”). Communications include agreements and policies You agree to (for example, and not by way of limitation, the Agreement, including the Privacy Policy), including updates to these agreements or policies; annual disclosures; transaction receipts or confirmations; statements and transaction history; and any other transaction information or other information related to the Agreement or the Website.

Solar Sales Tracker will provide Communications to You by posting them on the Website via your secure customer portal and/or by emailing them to You at the primary email address designated by You upon account setup.

Month to Month Billing

1. Rights Granted. Company agrees to grant Client a non-exclusive, non-assignable, royalty-free, worldwide limited right to access and use the Solar Sales Tracker Platform software (the “Services”) via a digital information processing, transmission, and storage system (the “Servers”) maintained by the Company and at the Company’s facilities, solely for Client’s internal business operations and subject to the Terms and Conditions of this Services Agreement. The Company shall make the Services and Servers available on and via the Internet.

2. Fees and Payment. Subject to any modifications contained herein, Client agrees to the following payment terms: (i) Client agrees to pay a one-time, non-refundable Setup Fee of $499.00 immediately upon the execution of this Agreement, if applicable; (ii) Client agrees to pay the recurring Monthly Service Fee as outlined in the plan details section on the signup page. The Monthly Service Fee for the Solar Sales Tracker Platform subscription shall be billed to Client’s credit card at the beginning of each monthly billing cycle throughout the Term of this Agreement. Subject to any modifications contained herein, the monthly billing cycle begins 0 days after the acceptance of this Agreement.

3. Term. The Term of this Agreement and accompanying applicable Monthly Service Fee(s) is based on (i) a monthly agreement; (ii) the Services. The term shall commence immediately following acceptance of this Agreement.

4. Termination. Following the expiration of the satisfaction guarantee period, Client may terminate its Solar Sales Tracker Platform Subscription by notifying the Company in writing of its intent to cancel its Solar Sales Tracker Platform Subscription at least ten (10) days prior to the end of the then-current term.

5. Other. This Agreement includes and incorporates all terms and conditions of the Company’s online End-User License Agreement (including changes and updates from time to time), which must be accepted by Client. Client shall pay all collection and attorney fees if collection procedures are commenced. By accepting this Agreement, Client authorizes Company to directly charge the credit card or debit the bank account for all applicable fees described herein.

6. Product Descriptions. (i) Solar Sales Tracker Platform shall mean the SaaS-based online product and/or services at solarsalestracker.com, known as SST, Solar Sales Tracker, or Solar Sales Tracker Platform, provided as a subscription service to the Client to optimize and enhance the solar sales process, including but not limited to appointment scheduling, geolocation management, e-signature application, proposal software integration, and other features.

Hardware and Software Requirements

In order to access and retain electronic Communications, You will need the following computer hardware and software: a computer with an Internet connection; current “web browser” that includes 128-bit encryption with cookies enabled; a current version of Adobe Acrobat Reader to open documents in pdf format; a valid email address (the primary email address designated by You in the New Account Form); and sufficient storage space to save past Communications or an installed printer to print them.

Solar Sales Tracker will notify You if there are any material changes to the hardware or software needed to receive electronic Communications from Solar Sales Tracker. By giving Your consent, You are confirming that You have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for Your records. You may print or save a copy of these Communications for Your records as they may not be accessible online at a later date.

Withdrawing Your Consent

You have the right to withdraw Your consent within a 3 day period after signing, otherwise known as the 3 day right of rescission. It is Your responsibility to acknowledge and understand the consent withdrawal process of the company in which you are entering into contract. To understand the withdraw consent process, please contact the solar company in which you entered into an agreement and request instructions for consent withdrawal should you choose to exercise this option in the 3 days provided.

Paper Copies of Electronic Communications

You will have the ability to print paper copies for your records at any time, from your secure customer portal.

Updating Your Contact Information

You are responsible for keeping Your primary email address on file up to date so that Solar Sales Tracker can communicate with You electronically. You understand and agree that if Solar Sales Tracker sends You an electronic Communication but You do not receive it because Your primary email address on file is incorrect, out of date, blocked by Your Internet service provider, or You are otherwise unable to receive electronic Communications, Solar Sales Tracker still will be deemed to have provided the Communication to You.

You can update Your primary email address during regular business hours by contacting the company in which you are entering into agreement.

Responsibilities

1. Your responses to all questions throughout either electronic process will be recorded and made part of your electronically signed documents.

2. As part of the use of electronic signatures, you will be required to create a log-in and password for future use, consisting of your unique username and a password specifically chosen by you. You must keep your password confidential as it can be used to electronically sign additional documents.

3. You can return to our website at any time (using your login information) to review, save, and print the documents you signed electronically.

4. You have read and agree with the verification and security procedures in our Privacy Policy and the Terms.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from solarsalestracker.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Solarsalestracker.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on solarsalestracker.com, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of solarsalestracker.com and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by solarsalestracker.com.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by solarsalestracker.com from our offices located in the state of Utah, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Utah, by accessing our website, you agree that the statutes and laws of Utah, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, Utah. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, solarsalestracker.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

solarsalestracker.com
2650 Washington blvd. Ste 103
Ogden, Utah 84401 USA

support@solarsalestracker.com

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