Terms of Use
Welcome to asharpenergy.com. The asharpenergy.com website (the "Website") is comprised of various web pages that are owned and operated by A-Sharp Energy, Inc. ("A-Sharp Energy"). The Website assists users by providing information about community solar in general; providing information about specific community solar programs; gathering quotes on users’ behalf from participating community solar providers; providing community solar provider profiles; providing user-generated ratings and reviews of community solar providers; facilitating communications between users and the community solar providers who provided quotes of interest to the user; and facilitating the transition to direct communications between the user and the community solar provider to complete the community solar subscription process. This Website may not be used for any other purpose, or used or reproduced by any other person or entity. It is prohibited to use screen-scraping programs, applications, or devices to obtain information through this Website.
The following terms and conditions (the "Terms of Use" or "TOU") specify your obligations when you access the Website and you should read these TOU before using the website. The TOU also contains a privacy policy which describes our privacy commitment. Objections to any term or condition of the TOU, or any guidelines, or any subsequent modification to either the TOU or any such guideline, should result in you immediately ceasing to access the Website, and to cease using the resources and services available at the Website. Violations of these TOU should be reported to tou@asharpenergy.com.
USE OF THIS WEBSITE IS CONDITIONED UPON ACCEPTANCE WITHOUT MODIFICATION OF ALL THE TERMS, CONDITIONS AND NOTICES SET FORTH BELOW. ACCESSING OR USING THIS WEBSITE IS YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY. DO NOT USE THIS WEBSITE IF YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS.
  1. The Services. A-Sharp Energy may provide the following services ("Services"):
    • community solar and other energy-related educational material
    • calculators and estimators,
    • quote solicitation platforms,
    • graphical representations of electricity, financial, and other data,
    • quote evaluation tools including, but not limited to dashboards, qualitative ranking of quote elements, simple and custom sorting functionality, and self-evaluation guides,
    • maps,
    • summaries,
    • information concerning third-party vendors including, but not limited to community solar providers, as well as utilities, financiers, installers, product manufacturers, and other contractors ("Third-Party Vendors"); and
    • product and service descriptions, including materials provided by Third-Party Vendors (whether such materials are delivered to you via the Website, or delivered to you directly by a Third-Party Vendor.
    • user-generated ratings and reviews of Third-Party Vendors,
    Acceptance of these Services or materials, whether displayed or transmitted on the Website, or through the Services by any means (the "Content"), is subject to these TOU. A-Sharp Energy may change, suspend or discontinue the Services, at any time, for any reason. A-Sharp Energy may also place limitations on certain features and Services, or restrict access to parts of or all of the Services, without notice or liability.
  2. No Obligation. Unless expressly stated, nothing contained in the Services or Content shall constitute an offer or promise to deliver any products and services, whether by A-Sharp Energy or any Third-Party Vendor. Third-Party Vendors may not offer all products and services described on the Website, or described in Content relating to such services, in all states, or in all communities within a state, and the offer of certain products or services to users may be subject to certain qualifying criteria that are not established by A-Sharp Energy, and over which A-Sharp Energy has no influence, authority or control.
  3. Registration. In order to access and use some of the Services you must register, and you must provide a valid email in order to complete your registration. You agree to provide accurate and current information. A-Sharp Energy may reject any request for information or Services from the Website and suspend or terminate your use of this Website if such information is inaccurate. You agree not to submit any material that violates law or the rights of any third-party or that is unreliable, incomplete, inaccurate, obscene, libelous, defamatory or otherwise objectionable, including, but not limited to, selection or use of a name of another person with the intent of impersonating that person; without proper authorization select or use any name subject to any rights belonging to a person other than yourself; or register using language that is offensive, provocative or obscene.
    A-Sharp Energy reserves the right to reject or remove any such registration material at any time with or without reason without any obligation by A-Sharp Energy to control any material provided by users. You understand and acknowledge that you may be exposed to data and information that is inaccurate or that otherwise violates any of the standards set forth in these Terms of Use, and you hereby waive all legal or equitable rights or remedies you may have against A-Sharp Energy and hold A-Sharp Energy harmless with respect thereto.
  4. Requests for Information and Services. You may request A-Sharp Energy to provide you with information about products and/or services, or to furnish you with quotes from Third-Party Vendors to deliver products and/or services (a "Request"). Any Request that you deliver to A-Sharp Energy will permit either A-Sharp Energy or a Third-Party Vendor or both of them, as appropriate, to deliver information and/or quotes to you via the Website, telephone, email, mail, or any other means. However, you will not be contacted by a Third-Party Vendor as a result of using the Services through means other than through the Website (including emails notifying you of messages from the Third-Party Vendor through the A-Sharp Energy messaging center) unless you specifically select a quote from that Third Party provider. If you provide your telephone number as part of your Request, your Request shall also constitute an express written request that authorizes A-Sharp Energy or any such Third-Party Vendor to contact you via telephone, even if your telephone number is listed on a state or federal Do Not Call registry maintained pursuant to state or federal law.
  5. Revisions to the Terms of Use. A-Sharp Energy reserves the right, in its sole discretion, to change, revise, or otherwise alter the TOU at any time, without notice. Such revisions shall become effective immediately upon the posting. You must review the TOU on a regular basis to keep yourself apprised of any changes. The TOU can be reviewed by clicking on the "Terms of Use" link located http://www.asharpenergy.com/pages/tou.
  6. User Provided Content. All content provided by registered users of the Website, transmitted through, or linked from the Website (collectively, "User Content"), is the sole responsibility of the person or Third-Party Vendor who originated such User Content. You are entirely responsible for each individual item of User Content that you post, email, or otherwise make available via the Website or through the Services. A-Sharp Energy does not control, and is not responsible for User Content made available via the Website or through the Services, and you acknowledge that by using the Website and/or the Services, you may be exposed to User Content that is subjective, inaccurate, incomplete, or misleading. You agree that you must evaluate, and bear all risks associated with User Content, that you may not rely on said User Content, and that under no circumstances will A-Sharp Energy be liable in any way for any User Content, or for any loss or damage of any kind incurred as a result of the use of, or reliance upon, any User Content posted, emailed, or otherwise made available via the Website or through the Services. You acknowledge that A-Sharp Energy does not screen User Content for accuracy or completeness, and does not endorse any User Content, either in whole or in part. A-Sharp Energy reserves the right, in its sole discretion, but is not obligated, to delete, move, or refuse to accept, any User Content that violates these TOU, or for any other reason.
    Many opinions regarding shared and distributed energy products and services may be expressed on the Website or through the Services, whether by A-Sharp Energy or its registered users. The opinions and statements of registered users constitute User Content. A-Sharp Energy can make no claim as to the truthfulness, accuracy, or completeness of opinions and other statements made by registered users, and under no circumstances will A-Sharp Energy be liable in any way for any User Content, including the opinions and statements of registered users, or for any loss or damage of any kind incurred as a result of the use of, or reliance upon, User Content.
  7. Rights to User Content. When you provide A-Sharp Energy with User Content via the Website or the Services, you grant to A-Sharp Energy and its affiliates, representatives, and assigns a non-exclusive, fully-paid, world-wide, transferable, royalty-free license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute, store, transcode, syndicate (including, without limitation, syndication through third-party websites), broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your User Content (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any of your User Content. A-Sharp Energy reserves the right, in its sole and absolute discretion, to reject, remove or modify any User Content.
    By providing A-Sharp Energy with User Content via the Website or the Services you thereby represent and warrant that:
    1. you own all rights in your User Content or, alternatively, you have acquired all necessary rights in your User Content to enable you to grant to A-Sharp Energy the rights in your User Content described herein;
    2. you have paid and will continue to pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your User-Provided Content (if applicable);
    3. you are the individual pictured or heard in your User Content, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears and/or is heard in your User Content to grant the rights to A-Sharp Energy described herein;
    4. you will make all relevant permissions relating to the User Content available to A-Sharp Energy upon request;
    5. your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third-party; and
  8. Appropriate Use of Website. You agree that you shall not: (a) send spam or other unsolicited messages in violation of applicable laws; (b) send or store infringing, obscene, threatening, libelous, fraudulent, misrepresentative or otherwise unlawful material, or material that is subject to third party proprietary or intellectual property rights (unless you have express written and legally valid permission from their rightful owner); (c) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Website, or the materials contained thereon; (e) attempt to gain unauthorized access to the Website or the asharpenergy.com system; (f) restrict or attempt to restrict or inhibit any other visitor from using the Website; (g) use the Website for any unlawful purpose; (h) express or imply that any statements you make are endorsed by A-Sharp Energy, without A-Sharp Energy’s prior written consent; (i) "Frame" or "mirror" any part of the Website without A-Sharp Energy’s prior written authorization; (j) harvest or collect information about Website visitors without their express consent; (k) direct link, inline link, deep link or otherwise hyperlink any page of the Website other than the home page; or (l) page-scrape, robot, spider, hack, password mine or use any automatic or manual program or process to access or use the Website or its content. Any attempted improper use or an attempt by you or on your behalf to deliberately damage or corrupt the Website or to use the asharpenergy.com system or other services provided by A-Sharp Energy on the Website in violation of the above may violate criminal and civil laws. Should such an attempt be made, A-Sharp Energy, reserves the right to prosecute and seek damages from you to the fullest extent of the law. You further agree not to advertise to, or solicit, any user to buy or sell any products or services, except as permitted by A-Sharp Energy.
  9. Links to other Websites. A-Sharp Energy does not own or control Links on the Website that allow you to visit and do business with the Third-Party Vendors or affiliated partners of A-Sharp Energy. A-Sharp Energy makes no representations or warranties concerning the information provided or made available on such third party sites.
  10. Changes to the Website and Services. The content of this Website, including without limitation the pricing, information, graphics, products, features, functionality, services, and links (collectively the "Website Content") may be changed, deleted or updated from time to time without notice. A-Sharp Energy reserves the right to change any service offered, the features of any service offered, or these Terms of Use and A-Sharp Energy’s policies, at any time. A-Sharp Energy may discontinue, suspend or modify the Website at any time, and A-Sharp Energy may block, terminate or suspend your and any user’s access to the Website at any time for any reason in its sole discretion, even if access continues to be allowed to others.
  11. Third-Party Vendors. A-Sharp Energy does not make any representations or warranties regarding the correctness, performance or quality of any services provided by any such Third-Party Vendor. You should independently research and assess the risks that may be involved in accessing and using any software or services before purchasing or using such software or services. THE THIRD PARTY VENDORS ARE NOT AGENTS OR EMPLOYEES OF A-SHARP ENERGY. A-SHARP ENERGY ASSUMES NO LIABILITY WHATSOEVER FOR THIRD PARTY VENDOR’S GOODS, SERVICES OR EQUIPMENT, INCLUDING LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD-PARTY VENDOR, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A THIRD-PARTY VENDOR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, ACTS OF GOVERNMENT, WEATHER, TERRORISM, ACT OF GOD, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR CAUSES BEYOND A-SHARP ENERGY’S CONTROL.
  12. Third-Party Vendor Quotes. The quotes for services you receive from a Third-Party Vendor are the responsibility of each such Third-Party Vendor. A-Sharp Energy does not make any representations or warranties regarding the correctness of any such quote, nor whether a quote provided will be honored by a Third-Party Vendor.
  13. Third-Party Vendor Contracts. Any contract or agreement for services that you may enter into by accessing and using this Website is solely between you and the Third-Party Vendor. A-Sharp Energy is not a party to any such contract or agreement, has no obligations under any such contract or agreement, cannot answer questions regarding such contracts, and expressly disclaims all liability whatsoever arising out of, or in connection with, any such contract or agreement. You acknowledge that any contract or agreement with a Third-Party Vendor will have important legal consequences and you should retain legal counsel to review such contract or agreement.
  14. Disclaimer of Warranties; Limitation of Liability. USE OF THE WEBSITE AND ITS SERVICES ARE AT YOUR SOLE RISK. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE OR SERVICES. A-SHARP ENERGY DOES NOT WARRANT THE RELIABILITY, COMPLETENESS OR ACCURACY OF THE WEBSITE, ITS SERVICES OR ANY MATERIALS ON THE WEBSITE. THE WEBSITE, ITS SERVICES AND ANY MATERIALS ON THE WEBSITE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY OR ACCURACY), ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL A-SHARP ENERGY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR LOSS OF DATA). WITHOUT LIMITING THE FOREGOING, A-SHARP ENERGY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM (1) YOUR INABILITY TO ACCESS OR USE THE WEBSITE AND ITS SERVICES AS THE RESULT OF ANY EVENT BEYOND THE REASONABLE CONTROL OF A-SHARP ENERGY (INCLUDING, WITHOUT LIMITATION, ANY PROGRAMMING ERROR, ANY VIRUS OR ANY DELAY OR FAILURE OF THE PERFORMANCE OF THE INTERNET) OR (2) ANY MATERIALS PROVIDED BY USERS. SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO BE LIMITED. AS SUCH, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU HAVE ACCEPTED THE ABOVE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AS PART OF A BARGAIN WITH RESPECT TO THE SERVICES PROVIDED ON THE WEBSITE AND UNDERSTAND THAT THE THERE MAY BE A PRICE FOR SUCH SERVICES IF A-SHARP ENERGY WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF THAT STATED HEREIN.
  15. Intellectual Property Rights. The Website involves the use of a computer system comprising content that is protected by copyright, trademark, trade secret, patent or other intellectual property rights laws. A-Sharp Energy retains all right, title and interest, including, without limitation, all intellectual property rights, in and to such content, and any portion thereof, including, without limitation, any copy or derivative work thereof (or any portion thereof). You shall not take any action to jeopardize, limit or interfere in any manner with A-Sharp Energy’s ownership of and rights with respect to the Website and the content, or any portion thereof, including, without limitation, any copy or derivative work thereof (or any portion thereof), and all intellectual property rights in and to each of the foregoing. You shall not directly or indirectly modify, translate, decompile, disassemble or otherwise reverse engineer, or determine or attempt to determine the source or executable code, or protocols of the computer programming, or create any derivative works based upon the content, and you shall not permit, authorize or assist anyone else to do so.
  16. Indemnification. You agree to indemnify, defend and hold harmless A-Sharp Energy, its affiliates, and their respective directors, officers and employees from and against all claims, actions, demands, losses, liabilities, penalties, judgments, damages, costs and expenses (including reasonable attorneys’ fees and costs) resulting from (a) your access or use of the Website and its services and your account, whether or not authorized, (b) any and all material submitted by you to the Website and/or A-Sharp Energy, (c) your breach of any covenant, representation or warranty contained in these Terms of Use, and (d) your negligent or willful acts or omissions.
  17. Privacy Policy. You may access the A-Sharp Energy Privacy Policy governing the use of information acquired from you through this Website here.
  18. Export. You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which you access the Website, including laws regarding access, use, export and import of any Website Content. You acknowledge and agree that you will not export or import any Website Content to any country to which export or import is restricted under United States law.
  19. Dispute Resolution. Any claim or controversy arising out of or relating to the use of the Website or the Services, to any goods or services provided by A-Sharp Energy, or to any acts or omissions for which you may contend A-Sharp Energy is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The venue of any such arbitration shall be Minneapolis, Minnesota. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to A-Sharp Energy. In any arbitration, A-Sharp Energy will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefor.
    Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Minneapolis, Minnesota. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
    This agreement provides that all disputes between you and A-Sharp Energy will be resolved by binding arbitration. You thus give up your right to go to court to assert or defend your rights. You also give up your right to participate in or bring class actions. Your rights will be determined by neutral arbitrators and not a judge or jury.
    You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using the Website and A-Sharp Energy's facilities and the Services, you consent to these restrictions.
    Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and A-Sharp Energy, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in and for Hennepin County, Minnesota. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees.
  20. Non-Discrimination Policy. A-Sharp Energy, Inc. publishes this policy of compliance with civil rights laws and applicable requirements contained in 10 C.F.R. 1040, et seq. A-Sharp does not discriminate on the basis of race, color, national origin, sex, disability, sexual orientation, or age, or from retaliating against any person that files a complaint. This policy includes our customers, clients, employees, students, and members of the general public that receive, or are eligible to receive or benefit from our services and programs.
  21. Miscellaneous. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use. These Terms of Use constitute the entire agreement between you and A-Sharp Energy, and supersede all other written and oral communications or agreements, with regard to the Website and its services. Any waiver of these Terms of Use by A-Sharp Energy shall only be effective if in a writing signed by an authorized officer of A-Sharp Energy. A-Sharp Energy’s failure to act with respect to a breach of these Terms of Use by you or others does not waive A-Sharp Energy’s right to act with respect to subsequent or similar breaches. Without limiting any other remedy under law, in equity or pursuant to these Terms of Use, you acknowledge and agree that A-Sharp Energy shall be entitled to seek injunctive relief or other equitable relief for any breach of these Terms of Use. If any provision of these Terms of Use is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law. Accessing or using the Website shall constitute effective execution and delivery by you of these Terms of Use.
Updated 2017-01-31 Rev. 2017-01-25
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