The TopSolar.com Terms and Conditions (“Terms”) is a legal agreement between you and ReviMedia, Inc. (D/B/A “TopSolar.com”), a Delaware corporation (referred to herein as “ReviMedia,” “TopSolar.com,” or “Company”), governing your use of the Service (as defined herein). By accessing the ReviMedia website, located at www.topsolar.com (the “Website” or “Site”), and using the Service, you are agreeing to comply with and be bound by these Terms. Additionally, when using the Website and the Service, you agree to abide by any applicable posted guidelines for all of Company’s services, which may change from time to time, and to comply with all applicable laws and regulations. If you object to any of the terms or conditions of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Company or the Website in any way, you should immediately discontinue use of the Website. These Terms (as may be modified by ReviMedia from time to time) will remain in full force and effect as long as you are a user of the Website, and in the event of termination of any membership, service, or feature, you will still be bound by your obligations under these Terms, including any indemnifications, waivers, warranties, and limitations of liability.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
It is your responsibility to periodically review these Terms. Company reserves the right, at any time, to change the Terms by publishing notice of such changes on the Website. Any use of the Services by you after Company’s publication of any such changes will constitute your acceptance of these Terms, as modified. You agree that Company is permitted to access and use any other information provided by you to perform the Service and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Service provided to you by the Company.
TopSolar.com provides users with a wide selection of pricing quotes for various goods and services. Users may also participate in advertising campaigns, take quizzes and surveys, use various services and products, and use information (“Services”) provided by ReviMedia, Inc.
TopSolar.com may terminate a participant’s use of the Services and destroy any data within the Services if TopSolar.com deems that the participant has not observed these Terms and Conditions or for any other reasons. The participant agrees that TopSolar.com may delete registration data and all related information as well as any data used by Third-Party Services. TopSolar.com may also prohibit the user’s further access to the Services, with or without prior notice.
DEALINGS WITH MERCHANTS; LINKS
Your transactions and other dealings with third party merchants or advertisers found on or through the Service, including “click to purchase,” “co-registration,” and other similar programs, including payment and delivery of related goods and services, are solely between you and such merchant or advertiser.
CONSENT TO FUTURE COMMUNICATIONS AND EMAIL OFFERS
Participants attest that any personal information collected from the participants through the Services is correct and complete. The participant further represents that registered information is correct, up-to-date, and complete at the time of participation. If TopSolar.com determines in its sole discretion that the registered information is not accurate or complete, then TopSolar.com is entitled to delete the participant’s data and prohibit the participant’s further use of the Services.
YOUR REPRESENTATIONS AND WARRANTIES
By accessing or using the Services, you represent and warrant that: (a) you are at least 18 years old; (b) you have not violated and will not violate these Terms; (c) you have not previously been suspended or removed from the Service; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (e) you are not a competitor of Company and are not using the Services for reasons that are in competition with Company or other than for the Services’ intended purpose.
NO COMMERCIAL USE; LICENSE GRANT
TopSolar.com is for personal use only. Organizations and businesses may not become participants and should not use the Services or TopSolar.com for any purpose. You hereby agree not to reproduce, copy, sell, resell, or use the Services (or any part of it) or access to the Services for commercial purposes.
Company grants each user a limited, revocable, non-exclusive license to access the Site and Services in order to, as applicable, view or make legitimate inquiries to us regarding our Services, all in accordance with these Terms. Any other use of the Site is expressly prohibited. This limited license does not include any right of collection, aggregation, copying, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
All service marks, trademarks, logos, trade names, slogans, and domain names that appear on or in connection with the Services are the property of TopSolar.com or its affiliates, licensors, or licensees. You may not copy, sell, re-sell, reproduce, display, or use any of these trademarks without prior written consent of TopSolar.com.
The data, data feeds, content, organization, graphics, designs, and other material featured on TopSolar.com or provided through the Services (the “Copyrighted Material”) are protected under applicable U.S. and international copyright, trademark, and other intellectual property laws. The Copyrighted Material is either owned by or licensed to TopSolar.com. It is forbidden to copy, sell, re-sell, reproduce, display, or use the Copyrighted Material without prior written consent of TopSolar.com. All rights are reserved.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND UNDER THESE TERMS AND CONDITIONS, TOPSOLAR.COM IS NOT SUBJECT TO WARRANTIES, EITHER IMPLIED OR EXPRESSLY STATED (OF ANY KIND), INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES WITH REGARD TO SUITABILITY, MERCHANTABILITY, FOR A SPECIFIC PURPOSE AND/OR VIOLATION.
PARTICIPANTS AGREE TO USE THE SERVICES AT THEIR OWN RISK. TOPSOLAR.COM MAKES NO WARRANTIES OR GUARANTEES THAT THE SERVICES OR TOPSOLAR.COM WILL BE WITHOUT ERROR OR NOT BE INTERRUPTED. PARTICIPANTS AGREE THAT THEY BEAR RESPONSIBILITY FOR ANY DAMAGES INCURRED AS A RESULT OF DOWNLOADING OR ANY USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, TOPSOLAR.COM, AND CONTENT ARE PROVIDED TO PARTICIPANTS ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS.
THIRD-PARTY SERVICES DISCLAIMER
ANY COMMUNICATIONS, TRANSACTIONS, OR DEALINGS WITH THIRD-PARTY SERVICES ARE NOT THE RESPONSIBILITY OF TOPSOLAR.COM (INCLUDING, BUT NOT LIMITED, TO ANY SERVICES USED BY SPONSORS, AFFILIATES, CO-REGISTRATION, AND INTEGRATED CONTENT). PARTICIPANT AGREES THAT TOPSOLAR.COM IS NOT LIABLE IN ANY WAY FOR DAMAGES OR COSTS AS A RESULT OF ANY USAGE OF THIRD-PARTY SERVICES, INCLUDING, WITHOUT LIMITATION, FEES ASSOCIATED WITH TELECOMMUNICATIONS, SURCHARGES, REGISTRATION FEES, AND SUBSCRIPTION CHARGES, AS WELL AS ATTORNEYS’ FEES AND COURT EXPENSES INCURRED AS A RESULT OF LITIGATION.
LIMITATION OF LIABILITY
TOPSOLAR.COM WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES TO COMPUTER HARDWARE, SOFTWARE FAILURES, DATA FAILURES, LOSS OF PROFITS, DAMAGE TO GOODWILL, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, DAMAGE AS A RESULT OF ACTS OF GOD, OR OTHER LOSSES.
THE MAXIMUM TOTAL LIABILITY OF TOPSOLAR.COM TO YOU FOR ANY AND ALL CLAIMS UNDER THESE TERMS AND CONDITIONS (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS ONE HUNDRED UNITED STATES DOLLARS ($100 USD).
UNDER THESE TERMS AND CONDITIONS, PARTICIPANTS AGREE TO THE STATED PROVISIONS AND ASSUME THE RISK FOR USE OF THE SERVICES. THE LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, AND OTHER CLAUSES DISCLAIM ANY RESPONSIBILITY OF TOPSOLAR.COM FOR DAMAGES INCURRED. ALL PROVISIONS STATED IN THESE TERMS AND CONDITIONS ARE INDEPENDENT OF OTHER PROVISIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold Company, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners, and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney’s fees, due to or arising out of (i) your use of or inability to use the Services, (ii) any content you provide or transmit through the Services, (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules, or regulations.
USE OF TOPSOLAR.COM OR THE SERVICES OUTSIDE OF THE UNITED STATES
TopSolar.com and the Services are intended for use within the United States, if not explicitly stated within contest rules provided. International use can only be considered if such contest rules include use outside of the United States. As per the Registration Requirements listed in these Terms and Conditions, there are some states within the United States that are limited from participation. If participants from locations outside of the United States or within states and territories that are void of participation (see the Registration Requirements above), then those participants chose to participate in the Services or access any of the content on TopSolar.com or Third-Party Services at their own risk. Participants accept all risk associated with use of the Services and assume to comply with the laws and regulations within their own jurisdictions.
ARBITRATION OF DISPUTES.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERM (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION in New York, New York. Arbitration proceedings shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA by a single arbitrator. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. This Section is subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section shall be deemed to prohibit Company from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve Company’s or Company’s licensors’ rights in and to intellectual property or confidential information.
WAIVER OF CLASS ACTION RIGHTS
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
Company is committed to full compliance with the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), at all times and maintain a repeat offender policy which may result in the termination of your right to use the Services if you violate such policy. If you believe that your work has been copied, posted or otherwise made available through the Services in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint, as set forth in the DMCA. Please consult the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on a site are covered by a single complaint, a representative list of the allegedly infringing works on the site); (c) identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content. The foregoing information must be submitted to Company’s DMCA Copyright Agent as follows:
ReviMedia, Inc., 44 Wall St, Suite 505, New York, NY 10005, USA
Attn: Copyright Agent
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you believe that your material has been mistakenly removed or disabled, you may submit a counter notice by notifying our DMCA Copyright Agent at the address provided above. Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable except with Company’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of New York without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind Company in any respect whatsoever. Neither you nor we shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party’s reasonable control. You agree that any claim or cause of action arising out of or related to this Agreement or your use of the Services must be filed within two (2) years after such claim or cause of action arose or be forever barred. Use of the Services is void where prohibited by law.
TO THE EXTENT NOT SUBJECT TO ARBITRATION, ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF NEW YORK, NEW YORK, USA, AND YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.