Effective 11/07/2022
Thanks for visiting our Site Uni Solar Wave! We appreciate your business and ask that you please read our terms and conditions carefully before using our Website (“Website”, “Site” or “App”). This site is owned and operated by Go Sun Solar (“Uni Solar Wave,” “we,” “us” or “our”). All terms and conditions mentioned on this page (I.E. “the Terms”) govern how you use and access our site and all services that we provide to you via our site (I.E. “Smart Services”). Our terms outline a legal contract between you and Uni Solar Wave. When you use our Site and any of our Smart Services, you hereby agree to be bound by these Terms and warrant that you are above the age of 18. If you do not agree to our terms and conditions don’t use our Site or Smart Services; it’s that simple.
Our terms and conditions policy is effective as of the date that we specify above. We reserve the right to change or modify the terms and conditions at any time. Your use of our site or Smart Services constitutes your acceptance of such changes or modified terms, so please check this page periodically.
All Smart Services include the incorporation of a variety of third party solar products, brokers, carriers via advertisement of solar quotes, online purchases, emails, phone calls, text messages or any other marketing medium. This hereby serves as your notice that you may have third parties contact you on our behalf.
Entering your information on our web forms with your consent does not constitute a condition of purchase as solar products and services vary by state as well as information you provide regarding your home and property.
Third-party solar products that are purchased by you via our Website are subject to contracts you’ve made with the applicable solar company. In the event of a conflict between our terms and the terms you’ve accepted with a solar company, the terms you’ve accepted with the solar company precede ours.
USER CONDUCT
You hereby agree to NOT use this Website for the following purposes or activities: conducting any illegal activity at any time whatsoever; such as transmitting or storing worms, viruses, code of a destructive nature, threatening, harassing, abusing, impersonating, injuring, intimidating others or any interference with others’ use of this Website (unless such interference is intended to purposefully comply with another section of the terms listed on this page). This includes delivering spam, collecting information to deliver spam, sending unsolicited email advertisements, decompiling, disassembling, reverse engineering, attempting to discover source code contained in the Website, disguising the origin of content sent through this Website (or your presence on the Website); and/or causing launch of any sort of automated system accessing this Website in a manner to send more request messages to servers of the site than a person could reasonably produce via the use of a conventional web browser in the same period.
INTELLECTUAL PROPERTY (‘IP’)
Uni Solar Wave contains text, graphics, images, photographs and a variety of other materials provided on behalf of us and your use of our Smart Services. All materials and information we collect is collectively referred to as “content” and that content is owned by us/our licensors. This content is protected under both US and foreign copyright laws/treaties. Content includes (but is not limited to) trademarks, service marks, logos used and displayed on our sites which are registered and non-registered trademarks/service marks of our licensors. The organization and design of our Websites are the sole property of Uni Solar Wave and are protected worldwide by various copyright laws and treaty provisions.
You shall not (without our express written permission in each use or instance) use our trademarks, service marks, logos, or site code/content or copy the use of the content for any purpose. Removal of any copyright or proprietary notices contained in the original content on a copy made of the source content (as well as any selling, transferring, assignment, licensing, sublicening or modification of the content) or use of the content for any public or commercial purpose, including use or publishment of content is strictly prohibited.
Nothing in our Terms or Conditions of Use shall be construed as conferring license, rights of trademarks or intellectual property rights of Uni Solar Wave or any other party. Any and all trademarks, trade names, service marks, logos or other images displayed throughout the Website are the sole property of Uni Solar Wave, licensed by Uni Solar Wave, or owned by third parties. Therefore, you shall not display, use links, meta tags, or any other use of trademarks, service marks, logos or images displayed throughout the Website without prior express written consent of the owner of the trademark, service mark, trade name, or logo.
UNSOLICITED INFORMATION
All Smart Services are provided for inquiries and peer-to-peer interactions, and you alone are responsible for your use of these Smart Services. When you submit any unsolicited information and materials on our page (including any comments, ideas, questions or similar communication to our site – AKA “unsolicited information”) you agree to adhere to and be bound by our terms and conditions. Any and all unsolicited information you provide to us is considered NON-CONFIDENTIAL, NON-PROPRIETARY, and will become Uni Solar Wave property upon submission. We are therefore entitled to use this communication and materials for any purpose whatsoever that we choose; including commercial or otherwise. This can include but is not limited to the reproduction, transmission, disclosure, broadcast, further publication/posting without compensation to said provider of the Unsolicited Information.
Furthermore, we reserve the right to use ideas, concepts, techniques or know-how in any/all communications/material sent to our site for any purpose whatsoever. This could include (but is not limited to) commercial uses or otherwise, such as developing, manufacturing or marketing products. With any submittal of unsolicited information, you grant us permission to the perpetual use, reproduction, modification, adaptation, publication, translation, distribution, transmission, public display, public performance, sublicense, derivative works creation, transfer or sale of such Unsolicited Information. Notwithstanding anything mentioned herein, your personal information (submitted to Uni Solar Wave) through the pages located on the Website is held in confidence by us as set forth in our Privacy Policy.
COLLECTION AND USE OF INFORMATION
We at Uni Solar Wave respect and protect the privacy of our users. Your use of our Smart Services may transmit information, including possibly personally identifiable information. The collection and use of this personal information collected by Uni Solar Wave is governed by our Privacy Policy, hereby incorporated by reference in its entirety. It’s important that you read and comprehend the terms of our Privacy Policy. Uni Solar Wave, Inc. may cooperate and disclose various information (including your account information) to authorities, government officials or third parties without notice to you in connection to investigations, proceedings, or claims that arise from asserted illegal actions/infringements related or unrelated to your use/misuse of the Website.
DISCLAIMER AND LIMITATION OF LIABILITY
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SITE, SMART SERVICES AND CONTENT IS PROVIDED TO YOU “AS IS,” “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED. THIS INCLUDES (WITHOUT LIMITATION) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE. WE WILL NOT BE HELD LIABLE FOR DAMAGES, VIRUSES (OF ANY KIND), YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY THAT ACCESSES THE WEBSITE, SMART SERVICES OR CONTENT.
ALL SOLAR PRODUCT QUOTES OR PRODUCTS SOLD THROUGH THE SITE ARE ASSOCIATED WITH THIRD PARTIES’ PRODUCTS AND ARE NOT OUR PRODUCTS. THEREFORE, WE MAKE NO REPRESENTATIONS OR WARRANTIES RELATED TO THE PRODUCTS WITH RESPECT TO SUCH PRODUCTS, AND ACCEPT NO LIABILITY IN CONNECTION WITH THEM. ALL SUCH PRODUCTS ARE PROVIDED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THE SOLAR COMPANY PROVIDING SUCH PRODUCTS.
IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER CONSEQUENTIAL DAMAGES. THIS CAN INCLUDE BUT IS NOT LIMITED TO LOST PROFITS, REVENUES OR SAVINGS EVEN IF WE HAVE BEEN ADVISED OF SUCH POSSIBILITY IN ADVANCE. DUE TO THE LACK OF JURISDICTION IN SOME JURISPRUDENCES REGARDING LIMITATION OF LIABILITY, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE FURTHEST EXTENT GRANTED BY APPLICABLE LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITE, SERVICE, OR CONTENT IS TO NOT USE THE SITE.
EXTERNAL SITES
Our site may contain links to third party Websites that provide third party products and services that are made available to you through our Smart Services (“External Sites”). Our control of these External Sites is limited to our Smart Services sending the data and we do not endorse or control; nor are responsible for for the content of any linked External Sites. We are not to be held responsible or liable for any of the products/services/content of the External Sites as they are provided at your convenience to be accessed entirely at your own risk. We do, however, seek to protect the viability of our Website and welcome feedback regarding external links. This can include but is not limited to information regarding broken or defunct links.
INDEMNIFICATION
You shall indemnify, defend and hold us, our officers, employees, directors, successors, licensees and assigns harmless from and against any claims, actions or demands. This includes but is not limited to limitations and reasonable legal or accounting fees arising or resulting from the use of (i) your breach of our Terms (ii) your access or use of our site (iii) misuse of Smart Services (iv) our content.
TERMINATION
We reserve the right to terminate the Terms and/or your access to any/parts of the Website or the Smart Services we use at any time for any reason without any notice or liability. We also reserve the right to change, suspend, discontinue or otherwise hold any part of the Website or Smart Services from any user of the Website at any time without prior notice or liability.
MISCELLANEOUS
We respect applicable laws and regulations and seek to perform in accordance with them. Therefore, in the event that any portion of the Terms and Conditions listed here is held to be invalid or unenforceable, applicable law shall be used to reflect the original intentions of the parties in question. The remaining provisions listed in these Terms shall remain in full force and effect. This section, and the sections entitled Disclaimer, Limitation of Liability, Indemnification and Intellectual Property shall survive the termination of these terms. These Terms shall not be assigned or waived unless done so in writing. Neither the course of conduct between the parties in question nor trade practices shall act in modification or provisions of these Terms. You (the user) are solely responsible for compliance with applicable laws and regulations governing your use of this Website. These Terms contain our entire agreement with respect to our customers and the subject matter in these Terms and Conditions supersede all prior agreements whether they be oral, written or otherwise between all parties regarding the subject matter.
All questions, comments, or requests for information about our Terms should be directed to info@unisolarwave.com
Agreement to Arbitrate
(a) Uni Solar Wave and you agree to arbitrate any and all disputes and claims between us arising out of or relating to these Terms of Use, our Privacy Policy, or use of the sites, via the sites or through a mobile application, except any disputes or claims which under governing law are not subject to arbitration, to the maximum extent permitted by applicable law. These terms to arbitrate are intended to be broadly interpreted and to make all disputes and claims between us subject to arbitration to the fullest extent permitted by law. However, any dispute you or we may have relating to copyrights or other intellectual property shall not be governed by this agreement to arbitrate. For the avoidance of doubt, this means that any claims you or we may have relating to intellectual property rights against the other, including seeking injunctive and other equitable relief, may be brought in a court of competent jurisdiction.
This agreement to arbitrate otherwise includes, but is not limited to claims based in contract, tort, warranty, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms of Use (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; claims relating to our websites; claims arising out of or relating to the Telephone Consumer Protection Act; claims relating to your data privacy or information security; and claims that may arise after the termination of these Terms of Use.
For purposes of this arbitration provision, references to “ Uni Solar Wave ,” “you,” and “us” shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information provided or made available under this or prior agreements between us relating to or arising from any aspect of your use or access of the sites.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into these Terms of Use, including this agreement to arbitrate, you and Uni Solar Wave are each waiving the right to a trial by jury or to participate in a class or representative action to the maximum extent permitted by law. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of these Terms of Use or your relationship with Uni Solar Wave for any reason.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Dispute Notice”). The Notice to Uni Solar Wave should be addressed to the following address (“Dispute Notice Address”):
Uni Solar Wave
1321 North Causeway Boulevard
Mandeville, 70471, LA
Attention: Legal Department
The Dispute Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Uni Solar Wave (“Demand”). If Uni Solar Wave and you do not reach an agreement to resolve the claim within 30 days after the Dispute Notice is received, you or Uni Solar Wave may commence an arbitration proceeding.
(c) After Uni Solar Wave receives notice at the Dispute Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms Of Use, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as other terms and conditions of these Terms of Use, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of these Terms of Use, including, but not limited to any claim that all or any part of this arbitration provision or these Terms of Use are void or voidable. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether these Terms of Use permit class or representative proceeding. For the avoidance of doubt, the court and arbitrator shall be bound by these Terms of Use, including with regard to the class and representative waiver provision. In any arbitration, the arbitrator shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.
Unless Uni Solar Wave and you agree otherwise, any arbitration will be governed by the substantive laws of your state, and hearings will take place in the county (or parish) of your permanent residence. Case management and other hearings shall be heard via telephone unless agreed to otherwise. Except as otherwise provided for herein, Uni Solar Wave will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Uni Solar Wave for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(e) YOU AND Uni Solar Wave AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW. If this specific subparagraph (e) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (e) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (e) enforced. Any claims or causes of action seeking relief not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of individual arbitration to the maximum extent permitted by law.
(f) Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Uni Solar Wave makes any change to this arbitration provision (other than a change to the Dispute Notice Address) after your enrollment in a service or program or your use of the Uni Solar Wave Sites, you may reject any such change and require Uni Solar Wave to adhere to the language in this arbitration provision as written at the time you initially requested or received any services from us if a dispute between us arises, by providing Notice to Uni Solar Wave at the Dispute Notice Address in subsection (b) above.