By using the app.solarnexus.com web site (“Service”), a service of SolarNexus, Inc. (“SolarNexus”), you (“Company”) are agreeing to be bound by the following terms and conditions (“Terms of Service”).
SolarNexus reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://app.solarnexus.com/terms-of-service
Account Terms
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- The email address you provide must remain valid for the duration of your subscription. Temporary or "disposable" email addresses are expressly disallowed.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
- You are responsible for maintaining the security of your account and password. SolarNexus cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You must not misrepresent yourself or take on the identity of someone else while using this service.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Service if you work for, have a competitive interest in, or operate a competitive software business to SolarNexus. This includes any/all products or services with overlapping functionality to that included in SolarNexus. You may not use the software to develop products that compete with SolarNexus products and/or otherwise use or decipher trade secret rights and all other intellectual and industrial property rights of any sort relating to any and all inventions (whether or not patentable), works of authorship, designations, designs, know-how, ideas and information made or conceived or reduced to practice, in whole or in part, by SolarNexus. Such proprietary Information may not be used for any purpose other than the authorized use of the SolarNexus platform..
- Violation of any of these agreements will result in the termination of your Account. While SolarNexus prohibits such conduct on the Service, you understand and agree that SolarNexus cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
User Limitation for Standard Accounts
Standard accounts are limited to 10 users. If you require more users, you must upgrade to the Professional Edition.
Payment and Refunds Terms
A valid credit card is required for Professional accounts. Standard accounts are not required to provide a credit card number.
Base monthly fees for the Professional edition are billed in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. In addition to the base monthly fees, Professional edition account holders are required to pay additional usage fees on a monthly basis, based on the number of projects that, within each previous monthly billing period, have been marked as Sold. Such fees are charged at the end of each monthly billing period, and will be detailed to the user. Disputes about such fees may be raised directly with SolarNexus by sending an e-mail to Support at SolarNexus dot com.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. SolarNexus does not accept any liability for such loss.
Privacy & Data Rights
SolarNexus may provide data services or otherwise share aggregate, anonymous (not personally identifiable, or identifiable as being associated with your Company) information with its customers, business partners or other third parties. SolarNexus will not, however, knowingly disclose personally identifiable information to third parties unless required to do so in order to comply with any valid legal process, such as a search warrant, subpoena, statute, court order, or if necessary or appropriate, to address an unlawful or harmful activity or unless otherwise authorized by the Company. In addition, any such data services related to specific manufacturer products (which may include aggregated cost data) will only be provided to third parties with the consent of such manufacturer.
Feedback
In using the Service, you may provide certain comments, suggestions, data, or other information to SolarNexus (collectively "Feedback"). SolarNexus shall have the right to retain and use any such Feedback in current or future products or services, without additional compensation to you. To the extent such Feedback is protectable under intellectual property laws, you agree to cooperate with SolarNexus as needed to obtain such protection as SolarNexus may desire and you agree to assign your rights to such Feedback to SolarNexus.
Third-Party Links
You may link to third party sites through the use of the Service. The third party sites are not under the control of SolarNexus, and SolarNexus is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. SolarNexus is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by SolarNexus of the third party site.
Cancellation and Termination
You are solely responsible for properly cancelling your account. You can cancel your account at any time by sending an e-mail to Support at SolarNexus dot com.
All of your Content (text and files) will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
For users of the Professional Edition, if you choose to cancel your account your subscription will continue to be valid until the end of your monthly billing period and you will not be charged the base monthly fee again. However, any usage fees due for completed Sold projects during the monthly billing period will be charged at the end of such period.
If your credit card cannot be authorized for any base monthly fees or usage fees, we will retry the card up to 7 times over the course of 7 days. If after 7 days we still cannot compete the charge, your account will be suspended until payment has been received.
SolarNexus, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other SolarNexus service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. SolarNexus reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
SolarNexus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the SolarNexus Site (www.solarnexus.com) or the Service itself.
SolarNexus shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
All content posted on the Service must comply with U.S. copyright law. Please review our copyright compliance policy.
We claim no intellectual property rights over the material you provide to the Service. Your profile, project data, and other materials uploaded remain yours.
SolarNexus does not pre-screen Content, but SolarNexus and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is copyright©2010 SolarNexus, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from SolarNexus.
General Conditions
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only available via email and via the company’s help website.
You understand that SolarNexus uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, SolarNexus, or any other SolarNexus service.
You may not reverse engineer or reuse source code that is in public view. This includes any and all javascript. The code is copyright SolarNexus.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, computer code that powers the Service, or access to the Service without the express written permission by SolarNexus.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any SolarNexus customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
SolarNexus does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that SolarNexus shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SolarNexus has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
The failure of SolarNexus to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SolarNexus and govern your use of the Service, superceding any prior agreements between you and SolarNexus (including, but not limited to, any prior versions of the Terms of Service).
Questions about the Terms of Service should be sent to support at SolarNexus dot com.