1. Eligibility; Privacy.
The products and services offered through the websites are not available to persons under the age of 18 or to persons who are not legal residents of the United States, by visa or otherwise. BY CLICKING ANY "SUBMIT" OR OTHER BUTTON OR BY ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITES YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE A LEGAL RESIDENT OF THE UNITED STATES.
2. Products and Services.
FLSA provides Energy Assessments, Solar Analysis's, Financial Analysis's, and financing and financial planning for homeowners and businesses looking to go solar. Certain of the websites function as an online marketplace where visitors can research and submit requests for solar services, as well as other products and services. You understand and agree that if you submit a request for a product or service or for further information relating to a product or service offered through any of the websites, FLSA will share such of your information as may be required in order to match you with selected providers of the products and/or services that you request. By submitting your contact information to us, you are expressly consenting to be contacted by us or by one or more providers of products and services by telephone, email or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution.
4. License Grants.
FLSA expressly reserves all rights not specifically granted herein, including but not limited to the right to exercise whatever lawful means it deems necessary or appropriate to prevent unauthorized use of the websites.
5. Prohibited Conduct.
By using the websites, you agree not to:
- Use the websites for any purpose other than to access the information and contact the providers of the products and services advertised therein;
- submit, transmit or facilitate the distribution of information or content that is illegal, harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable;
- attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the websites or bypass the measures we may use to prevent or restrict access to the websites;
- take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- use any robot, spider, scraper or other similar system to access the websites;
- impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or
- submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
6. Ownership & Proprietary Rights.
The websites are owned and operated by FLSA. All content displayed on the websites, as well as all visual interfaces, graphics, designs, information, computer code (including source code or object code), software and all other elements of the websites are protected by United States copyright, trade dress, patent and trade/service mark laws, international conventions, where applicable, and all other relevant intellectual property and proprietary rights and laws. Except as otherwise specified on the websites, all content contained on the websites is the property of FLSA and/or its third-party licensors. Except as expressly authorized by FLSA you may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make any unauthorized use of such content.
7. Links to Third-Party Sites; Dealings with Third Parties.
The websites may include links or references to other web sites owned or operated by third parties with which FLSA may have a relationship. FLSA has no control over such third party web sites and, thus, is not responsible for their availability, content or advertising, or any products or services available from such third parties. Your correspondence or business dealings with such third parties are solely between you and such third party. Access and use of such web sites is solely at your own risk.
Your correspondence or business dealings with any third parties, including, but not limited to, business dealings with mortgage brokers or lenders, insurance agents or carriers, accountants, title companies, installers or any other product or service provider are solely between you and such third party. FLSA is not responsible for any terms, conditions, warranties or representations associated with such dealings or liable for any loss or damage of any sort incurred as the result of such dealings.
By using the websites as directed, you are acknowledging that FLSA does not make credit decisions in connection with any product or service offered to you, does not warrant or guarantee the products or services of any third party and is not party to any agreements that you may make with any third party. FLSA does not charge anyone a fee to use the websites.
8. Termination; Exclusive Remedy.
10. No Warranty; Disclaimers.
THE USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES AND ANY DATA, INFORMATION, COMMERCIAL CONTENT, THIRD-PARTY WEB SITES, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE," "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
NONE OF FLSA OR ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS WARRANT THAT ANY DATA, INFORMATION, COMMERCIAL CONTENT, THIRD-PARTY WEB SITES, PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE WEBSITES OR ANY THIRD PARTY WEB SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY OF THE FOREGOING, IF PRESENT, WILL BE CURED OR STOPPED. YOUR USE OF THE WEBSITES OR ANY THIRD PARTY WEB SITES IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH WEBSITES.
11. Limitation of Liability.
BY YOUR USE OF ANY FLSA WEBSITE, YOU ARE AGREEING TO RELEASE AND DISCHARGE FLSA AND ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND EXPENSES OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
13. Dispute Resolution.
For any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either party may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider chosen by the party seeking arbitration. The ADR provider and the parties must comply with the following rules:
- the arbitration shall be conducted by telephone or online and be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;
- the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
- any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
FLSA may provide you with notices by e-mail, regular mail or postings on any website. Notice will be deemed given twenty-four hours after e-mail is sent, unless FLSA is notified that the e-mail address used is invalid. Alternatively, FLSA may give you legal notice by mail to a postal address, if provided by you through any website. In such case, notice will be deemed given three (3) calendar days after the date of mailing.
All notices to FLSA must be made in writing and mailed to:
FL Solar Advisors
4696 NW 103rd Ave
Sunrise, FL 33351
Attn: General Counsel
14.2 Waiver and Severability of Terms.
14.3 Choice of Law; Forum.
Any claim or dispute you may have against FLSA must be resolved by a court located in Broward County, Florida, except as otherwise agreed by the parties or as described in Paragraph 13. You agree to submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims or disputes.
All claims filed or brought contrary to either Section 13 or this Section 14.3 shall be considered improperly filed. Should you file a claim improperly, FLSA may recover reasonable attorneys' fees and costs, provided that FLSA has notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
14.5 Entire Agreement.
The following paragraphs shall survive termination or your refusal to continue to use the Service: 4, 6, 7, 8, 9, 10, 11, 12, 13 and 14.
15. Use of Automated Dialing Technology.
You acknowledge and agree that the information, service and/or products you seek to obtain from FLSA may be provided in some cases through automatic telephone dialing technology and artificial voice or pre-recorded voice technology. FLSA may limit its use of automatic telephone dialing technology or artificial or pre-recorded voice in order to comply with laws and regulations that restrict the use of such technologies. You consent expressly and in writing to have the information, services and/or products you request and/or opt in to, to be delivered through these means by providing your phone number to us either over the phone, through emails and/or by submitting your information to us via one of our web forms. By providing us with your phone number and not opting-out as described, you express your consent and willingness to be contacted at any phone number(s) that you provided to us in order to receive information, services and/or products from us through automatic dialing technology and artificial and pre-recorded voice technology even if it is a mobile, cell or wireless phone number. By providing this information to us, you further agree to receive notifications from FLSA, its representatives, employees, agents, successors, assigns and affiliates through any means authorized under this Agreement, including phone calls, text messages and voice broadcasts that use automatic telephone dialing technology and artificial voice or pre-recorded voice technology.