Terms of Use
General
SolarCommunity.com, Solar Community and its subsidiaries and affiliates (collectively "Solar Community") require that all visitors to our web site(s) ("Site") read and agree to the following rules and regulations and other applicable laws. By proceeding and accessing the Site, you indicate your acknowledgement and acceptance, without limitation or qualification, of these binding terms and conditions. If you do not agree to these terms and conditions, please do not use this Site. Those who choose to access this Site from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if, and to the extent, local laws are applicable.Copyright
The entire content included in this Site, including, but not limited to text, graphics, audio, video, or code is copyrighted as a collective work under the United States copyright laws, international conventions and treaties, and other copyright laws, and is the property of Solar Community. The collective work may include works that are licensed to Solar Community. With exception to the sub-site of this Site for the permitted commercial download of the Solar Community corporate brochure and authorized photographs (which sub-site has its own terms and conditions of use that are specific to that sub-site), permission is hereby granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with Solar Community or purchasing Solar Community products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download, or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Solar Community or to purchase Solar Community products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this Site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.Trademark
All trademarks, service marks, word marks, and trade names (collectively "Marks") of Solar Community used on this Site (including but not limited to the "Solar Community" name are trademarks or registered trademarks of Solar Community. By using Solar Community's Marks on this Site, Solar Community is not granting you any license to utilize the proprietary Marks. Any unauthorized use of the Marks may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. The use of Solar Community trademarks on any other website or network computer environment, without the express written consent of Solar Community, is strictly prohibited.Payment Terms, Extended Credit, and Rebate Policy
Solar Community offers standard credit terms of Net 30, and requires the submission of a credit application and is subject to credit review and approval. Accounts approved with Net 30 terms that pay by the due date will incur no interest fees. Past due accounts will incur late fees of 1% per month on the entire unpaid balance.Extended payment terms are available as approved through our credit review process addressed above. Accounts with extended payment terms will incur an interest rate of 1% per month for the balance outstanding after the initial 30 days.
Solar Community offers a rebate assignment program in which the customer may assign rebates directly to Solar Community in exchange for extended payment terms on a per project basis. Rebates must be assigned to Solar Community, and an assignment letter from the rebate organization on file (or a rebate agreement in place) in order for extended terms to be recognized on the project. Purchaser agrees to guarantee the rebate amount in full. If the rebate is not assigned to Solar Community or is not approved by the utility for any reason, the purchaser will be responsible for payment of the project to Solar Community. In cases in which there is a discrepancy or difference in the amount of the project, the purchaser agrees to guarantee and pay Solar Community for any balance remaining. Assigned rebates where payment is received within 90 days of the invoice date will incur no interest charges. For assigned rebates where payment is received after 90 days, the balances outstanding will incur 1% interest per month. Any rebate payments that are not received by Solar Community within 120 days from the invoice date will become due in full and payable immediately to Solar Community by the purchaser for the balance outstanding including all interest charges.
Disclaimer and Limitation of Liability
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ONTILITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOLAR COMMUNITY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOLAR COMMUNITY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. SOLAR COMMUNITY SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF SOLAR COMMUNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Indemnification
You agree to indemnify, defend and hold Solar Community and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent (collectively "Indemnified Parties") harmless from and against any and all liability, costs, losses, expenses, damages (including, without limitation, attorney's fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants, including negligent or wrongful conduct. You will cooperate as fully as reasonably required in Solar Community's defense of any claim. Solar Community reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the express written consent of Solar Community.Third-Party Links
In an effort to provide you with a valuable Site, Solar Community may choose various third-party web sites to link to from its own Site. However, even if the third-party is affiliated with Solar Community, Solar Community has no control over these linked web sites, each of which may have their own privacy and data collection policies independent of Solar Community. Solar Community has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked web sites are only for your convenience, and therefore, you access them at your own risk.Typographical Errors
In the event a Solar Community product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Solar Community shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Solar Community shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has already been charged. If your credit card has already been charged for the purchase and you order is cancelled, Solar Community shall issue a credit to your credit card account in the amount of the incorrect price.Availability of Products
The products and services displayed on the Site may not be available for purchase in you particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location. You should check with your local authorized Solar Community representative for the availability and price of specific products and services in your area.Contests
This Site may contain contests or sweepstakes that require you to submit material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you may enter.Term and Termination
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration, survey, contest or shopping process. These Terms and Conditions of Use or any of them individually, may be terminated by Solar Community without notice at any time for any reason. The provisions relating to Copyright, Trademark, Disclaimer, and Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination. Solar Community reserves the right to add to, change, or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any other terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of these changes as well as all other terms and conditions. Solar Community may add, change, discontinue, remove, or suspend any other content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.Notice
Solar Community may deliver notice to you by means of email, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in Solar Community's account information.Miscellaneous
Your use of this Site shall be governed in all respects by and construed in accordance with the laws of the State of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Solar Community products) shall be in the state or federal courts located in Travis County, Texas. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Solar Community products) must be commenced within one (1) year after the claim or cause of action arises. Solar Community's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Solar Community may assign its rights and duties under this Agreement to any party at any time without notice to you. If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.Use of Site
As long as you comply with these Terms and Conditions of Use, Solar Community grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site for your own non-commercial use. You agree not to interrupt or attempt to interrupt the operation of this Site in any manner. These Terms of Use were last updated on August 11, 2011.