Privacy & Terms

https://www.SpaceCitySolar.com/privacy-policy

Privacy Policy

Privacy Policy 

Space City Solar, LLC., (hereinafter “Space City Solar”) respects the privacy of our customers and those who visit our web properties.

 

To help you better protect your privacy we provide this notice explaining our information practices.

 

Please note that this Privacy Policy applies to information obtained through this Website only. Services accessed through additional Space City websites – including other websites to which we provide links – may operate under their own policies. We encourage you to review the policies on these sites as you visit them.

By using the Website on which this Policy is found, you consent to the collection, storage, use and disclosure of information as described in this Policy.

SpaceCitySolar.com Terms of Service

Last updated: Jan 8, 2021

IMPORTANT: The section below titled “Dispute Resolution & Arbitration” requires you to arbitrate claims you may have against Space City Solar, LLC.,. ("Space City Solar" or "we"), meaning you cannot bring claims against Space City Solar in court, and confirms your agreement to a class action waiver in arbitration. It affects your legal rights.

 

Please read it carefully.

Privacy Policy

https://www.SpaceCitySolar.com/privacy-policy

Privacy Policy

Privacy Policy 

Space City Solar, LLC., (hereinafter “Space City Solar”) respects the privacy of our customers and those who visit our web properties. To help you better protect your privacy we provide this notice explaining our information practices. Please note that this Privacy Policy applies to information obtained through this Website only. Services accessed through additional Space City websites – including other websites to which we provide links – may operate under their own policies. We encourage you to review the policies on these sites as you visit them.

By using the Website on which this Policy is found, you consent to the collection, storage, use and disclosure of information as described in this Policy.

Information Collection 

We collect personal information about users over time and across different websites when you use this website or service. We may also have third parties that collect personal information this way. When you visit this Website, we may request that you provide us with certain personally identifiable information, such as name, address, e-mail address, phone and fax number, and other information. If you are a Space City Solar customer placing an order, we may request credit card or other payment information necessary to complete your order. In addition, we may collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Firefox, Internet Explorer), the type of operating system you are using, (e.g., Windows XP or Mac OS) and the domain name of your Internet service provider (e.g., AT&T, Yahoo).


Use of Personal Information

We use the personal information you provide about yourself to operate this Website, keep you posted on the benefits we offer, to fulfill your requests for products, programs, and services (e.g., membership, merchandise, or information on our events), to communicate with you about Space City Solar, our offerings, events and promotions, to respond to your inquiries about our offerings; to prevent or respond to prohibited or illegal activities; to enforce the terms of use of this Website, this privacy policy, to customize, measure, and improve the performance of our Websites and advertising; and to compare information for accuracy and verify it with third parties. We also use this information to communicate with you, such as to contact you about your account with us.

We may also use personal information for internal functions such as research, data analysis, and auditing to develop Space City Solar products, services, and communications with customers and non-customers. This information may also be used if you enter into a contest, sweepstakes, or other similar promotion. We may use your personal information to administer these programs.

We may supplement information we receive online with information from other sources to assist us in evaluating and improving our Website and online products, programs, and services, to determine your preferences so that we can tailor our Website, products, programs and services to you. We do not rent or sell personal information to third parties for direct marketing purposes, except that we may provide personally identifiable information to strategic partners, agents, and contractors, and if we do, we also require them to protect this information in a manner that is consistent with this Policy by, for example, not using the information for any purpose other than to carry out the services they are performing for us..

You can opt out of online behavioral advertising by using unsubscribe link.

Use of Non-Personal Information

We use the non-personal information that we collect to improve the performance, design and content of our Websites and to enable us to personalize your Website experience. We also may use this information in the aggregate to analyze usage of our Websites, as well as to offer you products, programs, or services. The following are some examples of non-personal information that we collect and how we may use it:

  • We may collect information such as occupation, area code, zip code, and locale so that we can better increase our knowledge of member behavior and better our services, products, and advertising.

  • We may also collect information about activities on our website. This information is aggregated and used to help us provide more useful information to website visitors and to understand which parts of our website, products, and services are of the most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.

If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.

If you provide us with an email address that is not listed in your member account information, we may permanently store that email address and associate it with your membership.

Certain Disclosures to Third Parties

We may disclose personally identifiable information in response to a legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, these policies and terms, or as otherwise permitted or required by law and consistent with legal requirements. We may share your personally identifiable information with strategic partners in order to provide you with services associated with your use of this website. In addition, we may transfer information about you to a third party if we are acquired by or merged with another company.

Cookies and Other Technology

Space City Solar’s website, interactive applications, email messages, online services, and advertisements may use cookies and other technologies such as pixel tags and web beacons. These technologies can help us better understand user activity, tell us which parts of our website people have visited, and enable us to measure the effectiveness of advertisements and web searches. For additional information about the use of this technology please see the paragraphs below.  

Many of our web pages use "cookies” to enhance your experience with our Website and to assist us in providing appropriate website experiences for consumers, Cookies are text files we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, providing this information on this Website. We use cookies on certain webpages to help analyze our webpage flow, customize the Website and advertising, measure promotional effectiveness, and promote trust and safety. We also use cookies to identify you and maintain your logged-in status.

We offer certain features that are available only through the use of cookies. You can decline cookies if your browser permits, although doing so may interfere with your use of some of the features on this Website. If you block or delete cookies, not all of the tracking that we have described in this policy will stop.

Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.

As is the common practice of most websites, we may gather some information automatically and store it in log files. This information may include things like Internet Protocol (IP) addresses, browser type and language, computer device type, internet services provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.

This information may be used to examine and identify trends, to manage the site, to learn about user activity on the site, and to gather demographic information about our customers or visitors. Space City Solar may use this information to tailor our marketing and advertising services.

Pixel tags may be used to allow us to send email messages in a format that users can read. Pixel tags can tell us whether an email has been opened. This information could potentially be used to increase, reduce, or eliminate messages sent to customers or prospects.

Effective Date, Updates to Privacy Policy

The terms and conditions in this policy statement came into effect on May 27, 2014. Space City Solar reserves the right to amend, revise, or modify this policy at any time and in any manner Space City Solar deems appropriate. When we change the policy in a material way a notice will be posted on our web site along with the updated privacy policy. Your use of our web site and any of the services provided by Space City Solar after such changes are implemented constitutes your acknowledgement and

Terms of Use

SpaceCitySolar.com Terms of Service

Last updated: Jan 8, 2021

IMPORTANT: The section below titled “Dispute Resolution & Arbitration” requires you to arbitrate claims you may have against Space City Solar, LLC.,. ("Space City Solar" or "we"), meaning you cannot bring claims against Space City Solar in court, and confirms your agreement to a class action waiver in arbitration. It affects your legal rights. Please read it carefully.

Welcome to Space City Solar.com. These Terms of Service (the "Terms") are a binding legal agreement between you and Space City Solar, regarding your use of our websites (including www.Space City Solar.com and www.DIYSolarX.com), our mobile application, and our services, including our services available through our online tools (the website and services are collectively referred to as the "Service"). Please read these Terms carefully.

In addition, when using certain features of the Service, such as any downloadable software applications and the Credit Tool that we make available, you also will be subject to any additional guidelines, terms, or agreements applicable to such features ("Policies"). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the terms in the Policy will control.

We may periodically make changes to these Terms. By accessing or using the Service or downloading and installing the application, you accept these Terms and any modifications that we may make to these Terms. It is your responsibility to review the most recent version of the Terms frequently and remain informed of any changes to it. If you continue to use the Service after we modify these Terms, you will be deemed to have consented to terms of the modified Agreement for your use of the Service as of the date of the modification. If you do not agree with any provision of these Terms, you must not use the Service.

  1. The Service. Space City Solar provides a simple and affordable option for homeowners and business property owners who want to switch to solar energy. Homeowners can receive free quotes for home solar solutions. Space City Solar partners with top PV panel installation companies to install solar systems.

     

  2. Eligibility. You must be 18 years of age or older to use the Service. Use of the Service is void where prohibited. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter and abide by these Terms. The Services are not intended for those under the age of 18.

     

  3. Account Registration. If you have entered into a Any Purchase Agreement or Lease Agreement with Space City Solar ("Space City Solar Customer"), you must register for an online account to use certain features of the Service. You may be required to provide billing or additional information. When you register, you agree to (a) provide accurate, current, and complete information about you as may be prompted by registration forms on the Service ("Registration Data"); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; and (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete. You will notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at Sales@SpaceCitySolar.com.

     

  4. Payments by Space City Solar Customers. You may use the Service to pay invoices from Space City Solar, including your monthly invoice for your lease or your electricity production, either an estimated amount or the actual amount generated. Space City Solar reserves the right to implement fees or change the fees for certain Services at any time by providing you notice on the Service or otherwise. If you elect to use the Service to pay invoices from Space City Solar, you authorize Space City Solar to charge or to direct its third-party payment processors to charge the credit card, debit card, or bank account identified by you (which you represent and warrant that you are authorized to use) for the amount of the selected invoice in US dollars, including all applicable taxes. If you choose to use the Service to make recurring payments, you agree that your credit card, debit card, or bank account will automatically be charged by Space City Solar or its third-party payment processors. If you wish to terminate a recurring payment and avoid a charge for a subsequent time, you must do so at least 7 days before the next recurring payment. You may cancel a recurring payment by emailing Space City Solar at Sales@SpaceCitySolar.com. If Space City Solar does not receive payment from your credit card provider or bank, you agree to pay all amounts due upon demand, and Space City Solar may suspend your access to the Service in addition to any other remedies Space City Solar may have under this Agreement or the Solar Power Service Agreement. Space City Solar reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. All sales are final, and Space City Solar will not issue refunds.

     

  5. Promotions. As a part of the Service, we may email or provide you offers and other specials from Space City Solar or from third parties (collectively "Promotions"). Promotions may expire and are otherwise subject to change without notice. We have no control over their legality or the ability of any third-party to conduct or honor a Promotion (including the sale in accordance with the offer).

     

  6. Use of Data. Depending on your user settings and what information you provide us, Space City Solar may help you monitor your home solar power system by providing you with data, including statistics about your solar power system, projections about future usage, or statistics about your monthly invoices ("Data"). While the Data may represent how your solar system is functioning, the Data is not strictly used in the calculation of your monthly invoices. Also, some of the Data may not post to the Service immediately (e.g., your system output). Any Data on the Service is for informational purposes only. Space City Solar does not confirm the accuracy of any Data posted to the Service. Space City Solar is not responsible for your use of the Data.

     

  7. Credit Tool. Space City Solar may provide you the opportunity to run a credit report through a third party ("Credit Tool"). To use the Credit Tool, you must provide certain personal information, including financial information. By using the Credit Tool, you consent to Space City Solar using your consumer report to help determine if you qualify for certain features of the Service.

     

  8. Use Restrictions. You will not: (a) use the Service for any commercial purpose (unless you have entered into a separate agreement with Space City Solar expressly permitting commercial use); (b) use the Service to "stalk" or harass any person; (c) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process, including phishing, for any purpose without our express written permission; (d) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (e) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (f) "frame," "mirror," or otherwise incorporate any part of the Service into any other website without our prior written authorization; or (g) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation.

     

  9. Interactive Services. The Service may include interactive features and services, including social networking functionality, forums, message boards, and similar services, in which you or third parties may send messages to Service users, and create, post, or store profile data, photographs, ratings or reviews, and other content on the Service ("Interactive Services"). You are solely responsible for your use of Interactive Services and should use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Service any of the following:

    • Material that in our sole discretion is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;

       

    • Material that violates, or that causes us or our affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;

       

    • Material that infringes or violates, or that may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;

       

    • Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Service or with any other person or entity;

       

    • Material that is or contains any advertising or solicitation, including, without limitation, links to commercial products or services or any political campaigning (except in portions of the Service that are expressly designated as portions in which such material is allowed);

       

    • Comments that in any way refer to persons under 18 years of age;

       

    • Viruses, corrupted data, or other harmful, disruptive, or destructive files; or

       

    • Material that, in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Service, or which may expose us or our users to harm or liability of any nature.

       

ANY MATERIAL THAT YOU SUBMIT OR UPLOAD TO PUBLIC OR COMMON AREAS OF THE SERVICE, INCLUDING PHOTOGRAPHS OF YOURSELF OR YOUR HOUSE, MAY BE PUBLICLY AVAILABLE. IF YOU DO NOT WANT ANY MATERIAL TO BE AVAILABLE TO OTHERS, DO NOT UPLOAD OR OTHERWISE SUBMIT THAT MATERIAL TO ANY PUBLIC OR COMMON AREA OF THE SERVICE. We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that material. Although we have no obligation to screen, edit, or monitor any material posted on or transmitted through the Service, we reserve the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Service at any time and for any reason without notice.  

If you post material on or through the Service, then, unless we indicate otherwise, you: (a) grant us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material throughout the world in any media; (b) grant us and our affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such material, if we choose; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Service; and the use and posting of material you supply, by you or by us, does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.  

You acknowledge and agree that Space City Solar may preserve any profile data, photographs, and other content ("Content") and, consistent with its Privacy Policy, may also disclose Content if required to do so by law or if Space City Solar believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Space City Solar, its users or the public.

 

  1. Modifications to the Service. Space City Solar reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in our sole discretion. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service.

     

  2. Term and Termination. Your online account remains in effect unless you cancel it or unless Space City Solar terminates your account as provided by these Terms. To terminate your online account, please email Space City Solar at Sales@SpaceCitySolar.com. You may not terminate your written Solar Power Purchase Agreement or Lease Agreement by emailing Space City Solar. Notwithstanding any provision of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your account and to block, restrict, and prevent your future access to, and use of, the Service.

     

  3. Feedback. Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (collectively "Feedback"), are non-confidential and you hereby grant to us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose without compensation or attribution to you.

     

  4. Copyright Infringement. We respect the intellectual property rights of others and ask you to do the same. It is our policy to terminate the access privileges of those who infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.



    If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to the copyright agent: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; (4) your name, address, telephone number, and e-mail address; and (5) a statement that you consent to the jurisdiction of the federal court in Houston, Texas and will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Our designated agent for notice of copyright infringement can be reached at: Space City Solar, LLC.,., 12607 Vinvale Road, Houston TX 77066, or at Sales@SpaceCitySolar.com

     

  5. Trademarks. Space City Solar, the Space City Solar logo, and any other product or service name or slogan contained on the Service are trademarks or registered trademarks of Space City Solar and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.

     

  6. Ownership. We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.

     

  7. Third-Party Content. The Service may contain links to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk. The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

     

  8. Privacy Policy. We collect registration and other information about you through the Service, when you choose to provide it to us, and automatically. Our collection and use of this information is described in the Privacy Policy available at http://www.SpaceCitySolar.com/privacy-policy. (content in last 2 pages below)

     

  9. Indemnification. You will defend, indemnify, and hold harmless Space City Solar, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

     

  10. Disclaimer of Warranties. YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, SPACE CITY SOLAR AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SPACE CITY SOLAR DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF IMPLIED WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. WITHOUT LIMITING THIS SECTION, SPACE CITY SOLAR MAKES NO WARRANTIES WHATSOEVER, EXPRESS, OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION CONTAINED OR REFERENCED IN THE SERVICE, INCLUDING ANY DATA. TECHNOLOGY CHANGES FREQUENTLY AND THEREFORE INFORMATION CONTAINED ON THE SERVICE MAY BE OUTDATED, INCOMPLETE OR INCORRECT. SPACE CITY SOLAR DOES NOT ASSUME ANY RISK WHATSOEVER FOR YOUR USE OF THE SERVICE OR THE DATA CONTAINED ON THE SERVICE.

     

  11. Limitation of Liability. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, NEITHER SPACE CITY SOLAR NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SPACE CITY SOLAR OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, THE MAXIMUM TOTAL LIABILITY OF SPACE CITY SOLAR AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS ONE HUNDRED DOLLARS ($100). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

     

  12. Consent to Electronic Communications. By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

     

  13. General Legal Notices. Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination. These Terms, including all Policies, constitute the entire agreement between you and Space City Solar concerning the Service. These Terms supersede all prior agreements or communications between you and Space City Solar regarding the subject matter of these Terms.

     

  14. Dispute Resolution & Arbitration. Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court. These Terms are governed by the laws of the State of Texas, excluding conflict of laws principles. YOU AND SPACE CITY SOLAR AGREE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS BY BINDING, BILATERAL ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AND SPACE CITY SOLAR AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

    You and Space City Solar agree that the arbitration will be conducted in Harris County, Texas and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Texas law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. Notwithstanding any of the foregoing, nothing in these Terms of Service will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

     

  15. Questions & Contact Information. If you have any questions or concerns about the Service, or these Terms, you may email us at Sales@SpaceCitySolar.com or write us at: Space City Solar, LLC.,., 12607 Vinvale Road, Houston TX 77066.

       acceptance of these changes.

 

Please consult this privacy statement prior to every use for any changes.