Last updated: April 30, 2016
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE. ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS WEBSITE IMMEDIATELY.
The following are terms of this legal agreement (this "Agreement") between you and Dividend Solar, Inc. ("Dividend Solar," "we" or "us") that sets forth the terms and conditions for your use of the website, www.dividendsolar.com, and any and all subdomains thereof, including those requiring login (the "Site" or "Website"). "Dividend Solar" shall refer to Dividend Solar, Inc. and its affiliates.
The Site is operated by Dividend Solar and is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Dividend Solar.
Dividend Solar reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. Dividend Solar may terminate, suspend, change or restrict access to all or any part of this Site without notice or liability.
Limitations of Use
The copyright in all material on this Site, including without limitation, the text, data, articles, design, source code, software, photos, images and other information (collectively the "Content"), is held by Dividend Solar or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the express prior written consent of Dividend Solar. You acknowledge that the Content is and shall remain the property of Dividend Solar. You may not modify, participate in the sale or transfer of or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without
Dividend Solar's prior written approval. You also may not, without Dividend Solar's express written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications statutes and regulations. You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to, unauthorized entry into Dividend Solar's systems, misuse of passwords or misuse of any information posted on the Site is strictly prohibited. Dividend Solar makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by Dividend Solar.
Users of the Dividend Solar Site must be U.S. Residents that are 18 years of age or older. Children under the age of 18 are not eligible to participate in the offerings on this website.
Content and Use Restrictions
You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Site or on any other website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any Dividend Solar member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver's license numbers or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site, or obtained or obtainable from sources unrelated to the Site (such as from a "Google® search" or other online research).
You agree to not to use the Site or any Content to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Dividend Solar user or other third party. In order to protect Dividend Solar users from such advertising or solicitation, Dividend Solar reserves the right to restrict communications between its users.
Dividend Solar (including the Dividend Solar logo), dividendsolar.com and all related logos (collectively the "Dividend Solar Trademarks") are trademarks or service marks of Dividend Solar. Other company, product and service names and logos used and displayed on this Site may be trademarks or service marks owned by Dividend Solar or others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Dividend Solar Trademarks, without our prior written permission in each instance. You may not use,
copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization from us. Dividend Solar prohibits use of any of the Dividend Solar Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Dividend Solar Trademarks, or whether any mark or logo is a Dividend Solar Trademark, should be referred to Dividend Solar.
Links to Third-party Sites
Consent to Doing Business Electronically
Whether you choose to participate on the Dividend Solar Site as a borrower, lender or installer, from time to time you will receive disclosures (including federal disclosures such as the Truth in Lending Disclosures), notices (including the Privacy Notice, notices of our credit decisions and state-specific notices) and documents and information (collectively, "Communications") from Dividend Solar. Dividend Solar can only give you the benefits of its service by conducting business through the Internet, and therefore Dividend Solar requires you to consent to Dividend Solar providing you Communications electronically. This section informs you of your rights when receiving Communications from us electronically.
Electronic Communications. You agree that all Communications from Dividend Solar and its respective agents relating to your use of the Dividend Solar Site may be provided or made available to you electronically by email or at our Site. If you consent, you still have the ability to request a paper copy of any Communication, for a fee of up to $5 per request, by contacting us in the manner described below. Dividend Solar may discontinue electronic provision of Communications at any time in its sole discretion.
Scope of Consent. Your consent to receive Communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions through the Dividend Solar Site.
Hardware and Software Requirements. To access and retain the Communications electronically, you will need: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, such as Internet Explorer 7.0 or above, or Netscape Navigator 6.0 or above, or the equivalent software; Adobe Reader, or the equivalent software; and hardware capable of running this software. You acknowledge that you can access the electronic Communications in the designated formats described herein.
TCPA Consent. You expressly consent to receiving calls and messages, including auto- dialed and pre-recorded message calls, and SMS messages (including text messages) from Dividend Solar, our affiliates, agents and others calling at our request or on our behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
Mobile Technology. If you are accessing our Site electronically through a mobile device, such as a tablet, smartphone or similar device, you must be able to print and save the transmitted Communications. You can find apps that support printing and saving for most mobile devices through your mobile device's app store. If your mobile device does not have this functionality, you must access our Site through alternate means that provide you with the ability to print and save the Communications.
Withdrawing Consent. You may withdraw your consent to receive Communications electronically by contacting us at the address below. However, once you have withdrawn your consent you will not be able to post loan requests on our Site. If you have a pending loan request on the Site, Dividend Solar reserves the right to terminate it and remove it from its system. If you have already received a loan, all previously agreed to terms and conditions will remain in effect, and we will send Communications to your verified home address provided during registration.
Copies. If you wish to obtain a paper copy of any of your Communications, you may request a copy by writing to Dividend Solar, Inc., 3661 Buchanan Street, 3rd Floor, San Francisco, CA 94123, Attn: Paper Copies.
Assignment. In addition, you further acknowledge that your consent to have all Communications provided or made available to you in electronic form and to do business on or through the Dividend Solar Site is assignable to any entity, including its affiliates and representatives, that owns a (i) loan you obtained through the Dividend Solar Site; or a (ii) note purchased from Dividend Solar.
Changes in Your Contact Information. You must keep us informed of any changes in your email, phone number or mailing address so that you continue to receive all Communications without interruption. You can contact us by email at firstname.lastname@example.org by writing to us at Dividend Solar, Inc., 3661 Buchanan Street, 3rd Floor, San Francisco, CA 94123, Attn: Compliance.
You will print a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all Communications electronically sent via email or posted on the Site.
Terms Applicable to Solar Installers
Eligibility: Solar Installers. Solar installers have the right to access and use the Site pursuant to a separately executed Terms of Service. Access to the Site for users that are solar installers or persons acting on behalf of such solar installers is intended solely for authorized representatives of solar installers that are in good standing in each jurisdiction in which they are registered to conduct business and persons otherwise authorized by such solar installers to act in furtherance of the solar installer's use of our Site. By using the Site on behalf of a solar installer or other entity, you represent and warrant that you are duly authorized in accordance with the foregoing by the solar installer or other entity on behalf of which you are acting, that you have the power and authority to enter into binding agreements on behalf of the solar installer or entity or in the capacity in which you are acting, and that the solar installer is in good standing in each jurisdiction in which it is registered to conduct business to the best of your knowledge. Furthermore, you confirm that you agree to all of the terms and conditions of this Agreement individually and on behalf of such solar installer or other entity, and represent and warrant that you and such solar installer or other entity will abide by all of the terms and conditions of this Agreement. If you, the solar installer or any other person acting on behalf of the solar installer violate this Agreement, Dividend Solar may terminate the solar installer's user account, delete any associated profile and any content or information posted on the Site in connection with the solar installer's user account and/or prohibit you, such solar installer and any other person acting on the solar installer's behalf from using or accessing the Site (or any portion, aspect or feature of the Site), at any time in Dividend Solar's sole discretion, with or without notice.
Additional Representations: Solar Installer users. In addition to the representations set forth above, you further agree, both individually and on behalf of the solar installer, not to use the Site to:
- operate or otherwise utilize an account opened in the name of a solar installer for the benefit of any persons other than that solar installer;
- operate or otherwise utilize an account opened in the name of your organization for any purpose prohibited by law or regulation, any activity which that solar installer is not duly
- authorized to conduct or for any purpose prohibited by any other agreement between the solar installer and Dividend Solar; and
- operate a user account on behalf of any solar installer with regard to which you are not an authorized.
Furthermore, you represent, warrant and agree, both individually and on behalf of the solar installer, that:
- use of the Site is contingent on acceptance of and compliance with this Agreement by all persons acting on the solar installer or entity's behalf;
- all email addresses provided on behalf of the solar installer or entity are and will be used by the solar installer exclusively for business purposes; and
- you will not represent or portray the solar installer as being affiliated with Dividend Solar other than as an independent contractor and authorized user of the Site.
Registration Data; Account Security. In consideration of your use of the Site on behalf of a solar installer, you, individually and on behalf of such solar installer or entity, agree to (a) provide accurate, current and complete information about the solar installer, yourself and any other principals and/or authorized representatives of the solar installer as may be prompted by any registration forms on the Site or otherwise requested by Dividend Solar ("Registration Data"), including the solar installer's full legal name; (b) provide such materials as we may request to establish and/or verify your or any other person's identity or authority to enter into binding agreements on behalf of the solar installer or to establish and/or verify the solar installer or entity's legal existence, good standing in any jurisdiction and eligibility to use the Site; (c) maintain the security of any password and identification issued for use by or on behalf of the solar installer; (d) maintain and promptly update the Registration Data and any other information provided to us by you or anyone else acting on behalf of the solar installer, to keep it accurate, current and complete; (e) promptly notify us regarding any material changes to information or circumstances impacting the solar installer's legal existence, good standing in any jurisdiction in which the solar installer is authorized to conduct business or eligibility for continued use of the Site; and (f) be fully responsible for all use of any accounts opened on behalf of the solar installer for any actions that take place using such account.
Scope of Access and Use. Any access to or use of the Site by persons who are not authorized representatives of the solar installer shall constitute a violation of this Agreement.
Disclaimer of Warranties
NONE OF DIVIDEND SOLAR, ANY OF ITS SUBSIDIARIES, AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "DIVIDEND SOLAR PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND THE DIVIDEND SOLAR PARTIES DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
THIS SITE AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. THE DIVIDEND SOLAR PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THE DIVIDEND SOLAR PARTIES MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE DIVIDEND SOLAR PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. THE DIVIDEND SOLAR PARTIES RESERVE THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE DIVIDEND SOLAR PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF DIVIDEND SOLAR PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE DIVIDEND SOLAR PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT THE DIVIDEND SOLAR PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold harmless Dividend Solar Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Dividend Solar Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Dividend Solar Parties reserve the right, at their 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 such claim or matter without the written consent of Dividend Solar. You further agree to indemnify and hold harmless Dividend Solar Parties from any claim arising from a third party's use of information or materials of any kind that you post to the Site.
Monitoring of the Site
Dividend Solar has no obligation to monitor the Site; however, you acknowledge and agree that Dividend Solar has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.
Submissions to the Site
Use of Personally Identifiable Information
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by Dividend Solar to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law.
This Agreement is effective until terminated by Dividend Solar. Dividend Solar may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Dividend Solar's absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
Failure by Dividend Solar to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
Applicable Law and Dispute Resolution
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of Delaware, without regard to its conflict of laws rules. You agree that you will notify Dividend Solar in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give Dividend Solar a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Dividend Solar.
This Agreement shall be subject to any other agreements you have entered into with Dividend Solar.
Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to Dividend Solar's designated agent. Notification should include:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Site;
- 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
- 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 duly authorized to act on the copyright owner's behalf.
Dividend Solar's agent for notification of claimed copyright infringement is:
c/o Dividend Solar, Inc.,
Chief Compliance Officer
Fax: (877) 269-2884
If you have questions regarding the Agreement or the practices of Dividend Solar, please contact us by e-mail at email@example.com , by phone at 415-805-7000 or toll-free at 844-805-7100 or by regular mail at Dividend Solar, Inc., 3661 Buchanan Street, 3rd Floor, San Francisco, California 94123, Attention: Compliance.