Terms of Service Agreement
(last update: January 2019)
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF JANUARY 1, 2015.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with ROAM Solar, Inc., also known as ROAM Solar, located at 40 La Barthe Lane, San Carlos, California 94070, and our subsidiaries and affiliates, in association with the use of the ROAM Solar website, which includes www.roamsolar.com (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a news and information website which has the following description:
The ROAM Solar website provides information on its services to the residential and light commercial markets. These services include (but are not limited to) the repair, operations, maintenance, design and building of solar photovoltaic systems.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications (which may include some mobile applications and those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs) are the sole property of ROAM Solar, Inc. At its discretion, ROAM Solar may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modify or revised Services unless otherwise stipulated. ROAM Solar hereby reserves the right to cancel and cease offering any of the aforementioned Services and/or products. User acknowledges, accepts and agrees that ROAM Solar shall not be held liable for any such upates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. User’s continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute User’s acceptance of such updates, changes and/or modifications, and as such, User is advised to review this Agreement frequently to ensure User is aware of all terms and policies currently in effect. Should User not agree to the updated, modified, revised or modified terms, User must stop using the provided Services.
Furthermore, User understands, acknowledges and agrees that the Services offered shall be provide “AS IS” and as such ROAM Solar shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
PRIVACY POLICY
Every member’s registration data and other personal information are strictly protected by the ROAM Solar Online Privacy Policy (see the full Privacy Policy at www.roamsolar.com/privacy). As a member, User hereby consents to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by ROAM Solar and/or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network User hereby agrees to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network User thus agrees to comply with all applicable export and import laws, statutes and regulation, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, User hereby represents and warrants that User:
Is not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations.
Agrees not to transfer any software technology or any other technical data through the use of our network Services to any export-prohibited country.
Agrees not to use our website network Services for any military, nuclear missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
Agrees not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
ROAM Solar shall not lay claim to ownership of any content submitted by any visitor or user, or make such content available for inclusion on our website Services. Therefore, User hereby grants to ROAM Solar the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
The content submitted or made available for inclusion on the publicly accessible areas of ROAM Solar’s sites, and the license provided to permit the use, distribution, reproduction, modification, adaptation, public performance and/or public display of said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this Content was placed and/or made available for viewing. This license shall be available so long as you are a member of ROAM Solar’s sites, and shall terminate at such time as User elects to discontinue its membership.
Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of ROAM Solar’s sites, and the license provided to permit the use, distribution, reproduction, modification, adaptation, public performance and/or public display of said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this Content was placed and/or made available for viewing. This license shall be available so long as User is a member of ROAM Solar’s sites and shall terminate at such time as User elects to discontinue its membership
For any other Content submitted or made available for inclusion on the publicly accessible areas of ROAM Solar’s sites, the continuous, binding and completely sub-licensable license which is meant to permit the use, distribution, reproduction, modification, adaptation, publication, translation, public performannce and/or public display of said Content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium currently used or later developed.
Those areas which may be deemed “publicly accessible” areas of ROAM Solar’s sites are those areas of our network properties which are meant to be available to the general public, which includes message boards and groups that are openly available to visitors.
CONTRIBUTIONS TO COMPANY WEBSITE
ROAM Solar provides an area for our users to contribute feedback to our website. When User submits ideas, documents, suggestions and/or proposals (“Contributions”) to our site, User acknowledges and agrees that:
User’s Contributions do not contain an type of confidential or proprietary information;
ROAM Solar shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
ROAM Solar shall be entitled to make use of and/or disclose any such Contributions in any such manner as we may see fit;
The contributor’s Contributions shall automatically become the sole property of ROAM Solar; and
ROAM Solar is under no obligation to compensate or provide any form of reimbursement of any kind or nature.
INDEMNITY
All Users herein agree to release, indemnify, defend, and hold ROAM Solar, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors harmless from and against any claim or demand, including reasonable attorney’s and consultant’s fees, which may arise from any Content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of ROAM Solar Services or our connection with these Services, User’s violations of the Terms of Service and/or User’s violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
User agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to ROAM Solar’s sites.
MODIFICATIONS
ROAM Solar hereby reserves the right at any time to modify, alter and or discontinue, whether temporarily or permanently, our Service, or any part thereof, with or without prior notice. ROAM Solar shall not be liable to User or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between User and any such advertiser. Moreover, User agrees that ROAM Solar shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct or indirect result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either ROAM Solar or third parties may provide links to other websites and/or resources. Thus, User acknowledges and agrees that ROAM Solar is not responsible for the availability of any such external sites or resources, and as such, ROAM Solar neither endorses, nor is responsible for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, User acknowledges and agrees that ROAM Solar shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or alleged to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
User hereby acknowledges and agrees that ROAM Solar’s Services and any essential software that may be used in connection with our Services (“Software”) contains proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, User acknowledges and agrees that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or is expressly authorized by ROAM Solar or such applicable licensor, User agrees not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on ROAM Solar Services (e.g. Content or Software), in whole or part.
ROAM Solar hereby grants User personal, non-transferable and non-exclusive rights and/or license to make use of the object code on our Software on a single computer, as long as User does not allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, User hereby agrees not to alter or change the Software in any manner, nature or form, and nor to use any modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to our Services. User agrees not to access or attempt to access our Services through any means other than through the interface which is provided by ROAM Solar for use in accessing our Services.
WARRANTY DISCLAIMERS
USER HEREBY EXPRESSLY ACKNOWLEDGES AND AGREES THAT:
THE USE OF ROAM SOLAR SERVICES AND SOFTWARE ARE AT USER’S SOLE RISK. OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. ROAM SOLAR AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ROAM SOLAR AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES (i) THAT ROAM SOLAR SERVICES OR SOFTWARE WILL MEET USER’S REQUIREMENTS; (ii) THAT ROAM SOLAR SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF ROAM SOLAR SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) AS TO THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED THROUGH OUR SERVICES OR SOFTWARE WILL MEET USER’S EXPECTATIONS; OR (v) THAT ANY ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF ROAM SOLAR SERVICES OR SOFTWARE SHALL BE ACCESSED AT USER’S SOLE DISCRETION AND SOLE RISK, AND AS SUCH USER SHALL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVES ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO, (i) ANY .DAMAGE TO USER’S HARDWARE OR SOFTWARE AND/OR INTERNET ACCESS, (ii) DOWNLOADING AND/OR DISPLAYING, OR (iii) FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION WHETHER WRITTEN OR ORAL OBTAINED FROM ROAM SOLAR OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD USER OR ANYONE ELSE WHO MAY ACCESS ROAM SOLAR’S SITES HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ROAM SOLAR AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
THE USE OR INABILITY TO USE OUR SERVICE;
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF TRANSMISSIONS AND/OR DATA;
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should User intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitation of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. ROAM Solar’s content is provided primarily for informational purposes, and no Content that shall be provided or included in our Services is intended for trading or investing purposes. ROAM Solar and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
User hereby acknowledges, understands and agrees, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this Agreement.
NOTICE
ROAM Solar may furnish notices, including those with regard to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or which may be hereinafter developed. Any such notices may not be received if User violates any aspects of the TOS by accessing our Services in an unauthorized manner. User’s acceptance of this TOS constitutes agreement that User is deemed to have received any and all notices that would have been delivered had User accessed our Services in an authorized manner.
TRADEMARK INFORMATION
User hereby acknowledges, understands and agrees that all of ROAM Solar’s trademarks, copyright, trade name, service marks, and other ROAM Solar, Inc. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of ROAM Solar. User hereby agrees not to display and/or use in any manner the ROAM Solar logo or marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
ROAM Solar will always respect the intellectual property of others, and we ask that all of our users do the same. In appropriate circumstances and at its sole discretion, ROAM Solar may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If User feels that its work has been duplicated in such a way that would constitute copyright infringement, or if User believes its intellectual property rights have been otherwise violated, User should provide to us the following information:
The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that User believes has been infringed upon;
A description of the location of the site which User alleges has been infringing upon its work;
The physical address, telephone number, and email address;
A description of the alleged and disputed use of User’s work which is not authorized by the copyright owner, its agents or the law;
And finally, a statement, made under penalty of perjury, that the aforementioned information in such notice is the truth and accurate, and that User is the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
ROAM Solar’s Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
ROAM Solar, Inc.
Attn: Copyright Agent
751 Laurel St., #419
San Carlos, California 94070
Telephone: 650-701-3070
Email: info@roamsolar.com
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between User and ROAM Solar, Inc. and shall govern the use of our Services, superseding any prior version of this TOS between User and us with respect to ROAM Solar Services. User may also be subject to additional terms and conditions that may apply when upon the use or purchase of certain other ROAM Solar Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of User and ROAM Solar with regard to the TOS that the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between User and ROAM Solar shall be filed within the courts having jurisdiction within the County of San Mateo, California or the U.S. District Court located in said state. You and ROAM Solar agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
Any failure of ROAM Solar to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
User acknowledges, understands and agrees that regardless of any statute or law to the contrary, any claim or arising out of or related to the use of our Services or the TOS must be filed within one (1) year after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to ROAM Solar, Inc. as follows:
Mailing Address:
ROAM Solar, Inc.
Attn: Copyright Agent
751 Laurel St., #419
San Carlos, California 94070
Telephone: 650-701-3070
Email: info@roamsolar.com